BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 2694 AUTHOR: Blumenfield AMENDED: May 12, 2010 FISCAL COMM: No HEARING DATE: June 23, 2010 URGENCY: No CONSULTANT:Lynn Lorber SUBJECT : Instructional materials: technology. KEY POLICY ISSUES Should the definition of "supplementary instructional materials" be expanded to include current, relevant technology? Should the Legislature statutorily authorize schools to include technology-based materials when adopting instructional materials? SUMMARY This bill expands the definition of "supplementary instructional materials" to include current, relevant technology, and authorizes schools to include relevant technology-based materials when adopting instructional materials. BACKGROUND Current law: 1) Defines "supplementary instructional materials" as instructional materials designed to serve, but not be limited to, one or more of the following purposes, for a given subject, at a given grade level: a) To provide more complete coverage of a subject or subjects included in a given course. b) To provide for meeting the various learning ability levels of pupils in a given age group or grade level. AB 2694 Page 2 c) To provide for meeting the diverse educational needs of pupils with a language disability in a given age group or grade level. d) To provide for meeting the diverse educational needs of pupils reflective of a condition of cultural pluralism. (Education Code 60010) 2) Defines "technology-based materials" as basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource and specifies that technology-based materials include, but are not limited to, software programs, video disks, compact disks, optical disks, video and audio tapes, lesson plans, and data bases. Provides that technology-based materials do not include the electronic equipment required to make use of those materials, unless that equipment is used by pupils and teachers as a learning resource. (EC 60010) 3) Authorizes a local governing board of a school district to use funds from the Instructional Materials Funding Realignment Program to purchase State Board of Education-adopted instructional materials for kindergarten and grades 1-8, and state standards-aligned materials for grades 9- 12, in an electronic or hardbound format if it can ensure that each pupil will be provided with a copy of the instructional materials to use at school and at home, and specifies that providing access to the materials at school and at home does not require the local educational agency to purchase two sets of materials. (EC 60422.1) 4) Authorizes a governing board, following certification that each pupil has been provided with a standards-aligned textbook or basic instructional materials in the core curriculum areas, to use remaining funds from the Instructional Materials Funding Realignment Program for other stated purposes including purchasing supplementary instructional materials and technology-based materials. (EC 60422 & 60242) ANALYSIS AB 2694 Page 3 This bill expands the definition of "supplementary instructional materials" to include current, relevant technology, and authorizes schools to include relevant technology-based materials when adopting instructional materials. Specifically, this bill: 1) Adds to the definition of "supplementary instructional materials" current, relevant technology that further engages interactive learning in the classroom and beyond. 2) Authorizes the governing board of a school district to include relevant technology-based materials, when adopting instructional materials, if the materials are both available and comparable to other, equivalent instructional materials. STAFF COMMENTS 1) Need for the bill : According to the author, "this bill was introduced to encourage schools to make a conscientious effort at engaging all students in their day-to-day instruction through the use of current, relevant technology as supplemental instructional materials when and where it is appropriate. AB 2694 aims to remind schools that technology can be a life-line for engaging an otherwise struggling student. It is not our intent to burden schools with mandates, requirements, or costly upgrades; it is our intent to ensure that our schools make an effort to incorporate current, relevant technology when considering supplemental instructional materials; not only for the purposes of engaging all students but for preparing them for the technology employed in today's world." 2) Permissive Education Code . This bill authorizes the school districts to include relevant technology-based materials when adopting instructional materials. The Education Code is permissive, and as such, school districts do not need statutory authority to include technology-based materials when adopting instructional materials. 3) Connecting the dots . Existing law defines "instructional materials" to include technology-based materials, and defines "technology-based materials" to AB 2694 Page 4 include basic or supplemental instructional materials. However, the definition of "supplementary instructional materials" does not reference the use of technology. 4) Technical amendment . This bill authorizes school districts to include relevant technology-based materials when adopting instructional materials. Staff recommends an amendment to cross-reference existing law that defines "instructional materials" to include technology-based materials (EC 60010). 5) Related legislation . AB 1742 (Coto, 2010) clarifies that instructional materials include technology-based materials, with respect to the provision of instructional materials to pupils enrolled in non-public schools. AB 1742 is scheduled to be heard by this Committee on June 23, 2010. AB 314 (Brownley, 2010), among other things, requires publishers to provide any equipment or technology associated with the use of instructional materials free of charge to the same extent as they are provided to other states or districts in the United States. AB 314 further requires publishers to furnish instructional materials in an electronic format that contains at least the same content as the printed version at a price that is less than the price charged for the printed version and allows the electronic version to be copy-protected. AB 314 is pending in the Senate Appropriations Committee. SUPPORT California Federation of Teachers California School Boards Association OPPOSITION None received.