BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2694| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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: CONTINUED AB 2694 Page 2 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 CONTINUED AB 2694 Page 3 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, CONTINUED AB 2694 Page 4 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 CONTINUED AB 2694 Page 5 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 **** END **** CONTINUED