BILL NUMBER: SB 185	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  MAY 2, 2013

INTRODUCED BY   Senator Walters

                        FEBRUARY 6, 2013

   An act to add Sections 60063.3 and 60063.5 to the Education Code,
relating to instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 185, as amended, Walters. Instructional materials: 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 prohibits the state
board from adopting instructional materials until the 2015-16 school
year.
   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 or other disabilities that prevent use of
standard instructional materials.
   This bill would authorize school districts and county offices of
education to negotiate the price of standards-aligned instructional
materials and supplemental materials in a printed or digital format.
The bill would require instructional materials  that are
consistent with specific requirements of the Pupil Textbook and
Instructional Materials Incentive Program Act  to be offered by
a publisher or manufacturer as unbundled elements. The bill also
would authorize a school district to use instructional materials in
digital format that were purchased by the school district to create a
districtwide online digital database for classroom use, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 60063.3 is added to the Education Code, to
read:
   60063.3.  Notwithstanding paragraph (1) of subdivision (a) of
Section 60061, school districts and county offices of education may
negotiate the price of standards-aligned instructional materials and
supplemental materials in either a printed or digital format.
  SEC. 2.  Section 60063.5 is added to the Education Code, to read:
   60063.5.  (a) Instructional materials or supplemental
instructional materials  that are consistent with the
requirements of Sec   tion 60119  shall be offered by a
publisher or manufacturer as unbundled elements to enable digital
 material   materials  or printed materials
to be purchased separately from other components.
   (b)  A   Without   violating any
copyright law or contract between a school district and a publisher
or manufacturer, a  school district may use instructional
materials in digital format that were purchased by the school
district to create a districtwide online digital database for
classroom use consistent with an online security system that is
mutually agreed on by the publisher and the school district.