BILL NUMBER: SB 1154	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2012

INTRODUCED BY   Senator Walters

                        FEBRUARY 21, 2012

   An act to  amend Section 60422.1 of   add
Section 60063 to  the Education Code, relating to instructional
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1154, as amended, Walters. Instructional materials: 
electronic   digital  format.
   Existing law requires the State Board of Education to adopt at
least 5 basic instructional materials in specified subject areas for
use in kindergarten and grades 1 to 8, inclusive, for district
boards, as defined. Existing law also requires the governing board of
each school district maintaining one or more high schools to adopt
instructional materials that meet specified criteria for use in the
high schools under its control.
   Existing law requires a publisher or manufacturer of instructional
materials to provide to the state, at no cost, computer files or
other electronic versions of each state-adopted literary title and
the right to transcribe, reproduce, modify, and distribute the
material in braille, large print if the publisher does not offer a
large print edition, recordings, American Sign Language videos for
the deaf, or other specialized accessible media exclusively for use
by pupils with visual disabilities or other disabilities that prevent
use of standard instructional materials. 
    Existing law authorizes a local governing board, as defined, to
use funding received from the state for instructional materials to
purchase state-adopted instructional materials for kindergarten and
grades 1 to 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. 

   This bill would require a publisher or manufacturer of
instructional materials to provide, at no cost, an electronic copy of
instructional materials that a district board purchases in a
hardbound format. The bill would authorize a district board to
electronically reproduce, for instructional use only, an electronic
copy provided by a publisher or manufacturer of instructional
materials. The bill also would authorize a district board to enter
into an agreement with a program improvement local educational agency
by which the district board may share with that local educational
agency the electronically reproduced copies of instructional
materials.  
   This bill would require a publisher or manufacturer submitting an
instructional material or supplemental instructional material for
adoption by the state board or the governing board of a school
district to, among other things, offer the instructional material in
both print and equivalent digital formats, and to provide to a school
district, at no cost, an equivalent digital format of a purchased
print textbook that may be used to create a districtwide online
digital database for classroom use, if the school district implements
a system of online security to ensure the protection of
copyright-protected material. The bill would exempt from these
requirements small publishers and small manufacturers of
instructional materials, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 60063 is added to the 
 Education Code   , to read:  
   60063.  (a) A publisher or manufacturer submitting an
instructional material or supplemental instructional material for
adoption by the state board or the governing board of a school
district shall do all of the following:
   (1) Offer the instructional material in both print and an
equivalent digital format.
   (2) Offer the supplemental instructional material in both print
and a digital format.
   (3) Offer the digital instructional material or supplemental
instructional material as unbundled elements, to enable the digital
material to be purchased in sections or components.
   (4) Provide to a school district, at no cost, an equivalent
digital format of a purchased print textbook that may be used to
create a districtwide online digital database for classroom use, if
the school district implements a system of online security to ensure
the protection of copyright-protected material.
   (b) (1) The requirements of this section shall not apply to a
small publisher or small manufacturer of instructional materials.
   (2) For purposes of this subdivision, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer, that, together with its affiliates, has 100 or fewer
employees and average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years.
   (c) This section does not authorize the use of instructional
materials that would constitute an infringement of copyright under
the federal Copyright Revision Act of 1976, as amended (17 U.S.C.
Sec. 101 et seq.).  
  SECTION 1.    Section 60422.1 of the Education
Code is amended to read:
   60422.1.  (a) Notwithstanding any other law, a district board may
use funding received pursuant to this chapter to purchase
state-adopted instructional materials for kindergarten and grades 1
to 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. However,
providing access to the materials at school and at home does not
require the local educational agency to purchase two sets of
materials.
   (b) A publisher or manufacturer of instructional materials shall
provide, at no cost, an electronic copy of instructional materials
that a district board purchases in a hardbound format. A district
board may electronically reproduce, for instructional use only, an
electronic copy made available pursuant to this subdivision. A
district board may enter into an agreement with a local educational
agency identified as a program improvement local educational agency
under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.) by which the district board may share with that local
educational agency the electronically reproduced copies of
instructional materials.