BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 613 (Alquist)
Hearing Date: 05/02/2011 Amended: 04/13/2011
Consultant: Jacqueline Wong-HernandezPolicy Vote: Education 10-0
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BILL SUMMARY: SB 613 requires at least one-half of the basic
instructional materials adopted by the State Board of Education
(SBE) for use in grades K-8, and by high school governing boards
for use in grades 9-12, to be open-source instructional
materials, except in specified instances. The bill defines
open-source instructional materials as available in a digital
format, free to view online, meeting the same requirements
imposed on other printed instructional materials, and developed
in a specified manner.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
CDE copyright attorney future costs in the
tens of thousands* General
School district copyright attorneys Reimbursable mandate;
likely millions General
Access to technology Potentially substantial
reimbursable mandate General**
*In 2015-16, and other years in which the SBE adopts materials,
the CDE will incur $70 in costs.
**Counts toward meeting the Proposition 98 guarantee
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
SB 613 requires at least one-half of the instructional materials
adopted by the SBE for K-8 use, or one-half plus one in the case
of an odd number, to be open-source instructional materials.
This bill defines "open-source instructional materials" as
instructional materials that are available in a digital format
and free to view online.
In order for the SBE to adopt the specified materials, the CDE
would need to verify that the materials are legally freely
available for use and not copyright protected, in order to avoid
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unintended copyright infringement liability. According to the
CDE, a part-time copyright attorney would be needed. The
mid-range salary and benefits cost of a CDE Staff Counsel III is
approximately $140,000 annually; a half-time attorney would cost
the CDE approximately $70,000. Costs to the CDE will be in
future years, since the process for adopting K-8 instructional
materials is suspended until the 2015-16 school year.
This bill also requires that at least one-half, or one-half plus
one in the case of an odd number, of the instructional materials
adopted by a school district governing board (for use in grades
9-12) to be open-source instructional materials. Existing law
requires every school district that has at least one high school
to be responsible for adopting instructional materials used in
high school grades. This bill would mandate that each of
those districts review open-source instructional materials, as
defined by the bill, for its high schools constituting an
expansion of a reimbursable mandate. The state would likely be
required to reimburse districts for the cost of verifying that
the materials are legally freely available for use and not
copyright protected, just as the CDE would for K-8 materials. If
each of the 417 school districts with one or more high schools
employed one half-time copyright attorney (at $70,000, based on
similar CDE cost estimates) to verify open-source materials, the
state would be responsible for reimbursing those districts
approximately $29,190,000. Staff notes that while interdistrict
collaboration, or other systems, could be utilized to verify
open-source materials rather than each district contracting
attorney services, this bill does not require a specific way for
districts to implement the mandate and there is little incentive
to be efficient if they will be fully reimbursed.
This bill may further increase state mandate costs to provide
students access to computers or other hardware to use the open
source materials required by this bill. Existing law specifies
that instructional materials may be purchased "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" (EC § 60422.1). Statute further specifies
that it should not be construed to require two sets of materials
(for home and school), but it does require access to materials.
Because this bill defines open source instructional materials
"as available in a digital format and free to view online" it
could be construed to require students to have access to
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open-source online materials at school and/or home. There is the
potential for school districts could file claims for state
reimbursement of technology costs.