BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2694|
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                                 THIRD READING


          Bill No:  AB 2694
          Author:   Blumenfield (D)
          Amended:  6/30/10 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-0, 6/23/10
          AYES:  Romero, Huff, Alquist, Emmerson, Liu, Price
          NO VOTE RECORDED:  Hancock, Simitian, Wyland

           ASSEMBLY FLOOR  :  72-0, 5/20/10 - See last page for vote


           SUBJECT  :    Instructional materials

           SOURCE  :     Author


           DIGEST  :    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.

           ANALYSIS  :    

           Existing 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:

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             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.

             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.

          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 databases.

            Provides that technology-based materials do not include  
            electronic equipment required to make use of those  
            materials, unless that equipment is used by pupils and  
            teachers as a learning resource.

          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.

          4.Authorizes a governing board, following certification  

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            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 related purposes including  
            purchasing supplementary instructional materials and  
            technology-based materials.  

           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.

           Comments

          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.

           Connecting the Dots  .  Existing law defines "instructional  
          materials" to include technology-based materials, and  
          defines "technology-based materials" to include basic or  
          supplemental instructional materials.  However, the  
          definition of "supplementary instructional materials" does  
          not reference the use of technology.

           Related/Prior Legislation

           AB 1742 (Coto), 2009-10 Session, clarifies that  
          instructional materials include technology-based materials,  

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          with respect to the provision of instructional materials to  
          pupils enrolled in non-public schools.  (On Senate Third  
          Reading File)

          AB 314 (Brownley), 2009-10 Session, 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.  (In Senate  
          Appropriations Committee)

          SB 247 (Alquist), Chapter 209, Statutes of 2009, authorized  
          a local governing board to use funding from the  
          Instructional Materials Funding Realignment Program to  
          purchase state-adopted instructional materials for K-8,  
          inclusive, and state standards-aligned materials for grades  
          9 to 12, inclusive, 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.

          AB 1398 (Blumenfield), Chapter 293, Statutes of 2009,  
          modified the definition of technology-based materials to  
          include the electronic equipment required to make use of  
          such materials if that equipment is to be used by pupils  
          and teachers as a learning resource.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/30/10)

          California Federation of Teachers
          California School Boards Association
          San Francisco Unified School District

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "this bill was introduced to encourage schools to make a  
          conscientious effort at engaging all students in their  

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          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."


           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Feuer, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen,  
            Norby, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Yamada
          NO VOTE RECORDED: De La Torre, Evans, Fletcher, Harkey,  
            Nava, Villines, John A. Perez, Vacancy


          CPM:cm  8/22/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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