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.