BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 487|
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THIRD READING
Bill No: AB 487
Author: Brownley (D) and Anderson (R)
Amended: 7/14/09 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 7/1/09
AYES: Romero, Huff, Alquist, Liu, Maldonado, Padilla,
Simitian, Wyland
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 6/2/09 - See last page for vote
SUBJECT : Instructional materials: disposal of unusable
materials
SOURCE : Author
DIGEST : This bill relaxes some of the restrictions
placed on the State Board of Education and school districts
as it relates to the disposal of unusable surplus or
undistributed obsolete instructional materials, and extends
these provisions to include county offices of education.
ANALYSIS :
Existing law:
1. Requires the State Board of Education (SBE) to adopt
CONTINUED
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basic instructional materials for use in kindergarten
and grades 1 to 8, inclusive consistent with the six-
and eight-year adoption cycles for all subject areas.
2. Authorizes SBE and school districts to dispose of
surplus or undistributed obsolete instructional
materials that are usable for educational purposes, to
specified entities, including by sale to any
organization that agrees to use the materials solely for
educational purposes and to make no charge of any kind
to the persons to whom the organization gives or lends
the materials.
This bill:
1. Expands application of the provisions related to
disposal of undistributed obsolete instructional
materials to county offices of education (COEs).
2. Deletes provisions authorizing the sale of surplus or
undistributed obsolete instructional materials only to
organizations that agree to use the materials solely for
educational purposes and authorizes districts and COEs
to sell surplus and obsolete materials without
specifying the end use.
3. Requires that all of the proceeds of any sale of surplus
or undistributed obsolete instructional materials made
under the provisions of this bill be made available for
school districts and COEs to acquire basic instructional
materials, supplemental instructional materials, or
technology-based materials.
Comments
Current law requires SBE to adopt basic instructional
materials for use in kindergarten to grade 8, inclusive, in
language arts, mathematics, science, social science, and
bilingual or bicultural subjects not less than two times
every six years, and not less than two times every eight
years in any other subject for which the SBE determines the
adoption of instructional materials to be necessary or
desirable. Current law requires local governing boards to
provide pupils with standards-aligned textbooks or basic
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instructional materials no later than 24 months after those
materials have been adopted by the SBE. Essentially,
districts have had to purchase materials every year.
According to the author, "Over the last four fiscal years
the Legislature has appropriated more than $1.3 billion for
the acquisition of instructional materials to be used in
California's nearly 10,000 schools." The resources coupled
with the frequent adoptions and requirements for districts
to purchase new instructional materials, assures that there
is and will continue to be a steady abundance of used,
surplus, and obsolete instructional materials.
Nevertheless, districts have limited options for the
disposal of such materials.
Some school districts dispose of used obsolete
instructional materials by donating them to non-profit
entities that, in turn, pass the books on to others such as
individuals, home schooling groups or overseas
organizations. Districts may also donate them to
libraries, children or adults for the purpose of increasing
the general literacy of people, or districts may sell them
to an organization that agrees to use the materials solely
for educational purposes and that agrees will not charge
for those materials. This bill does not limit the ability
of school districts to donate or transfer their surplus or
obsolete materials directly to any other party or for any
other use currently allowed. Other school districts
dispose of the materials as a combination of solid waste
disposal and recycling, and others pay for storage of these
materials.
Districts are currently prohibited from selling or donating
surplus and obsolete materials to organizations that will
resell them. This bill allows districts to sell such
materials to any organization but remit 50 percent of the
proceeds to the state to be deposited in the General Fund.
The remaining 50 percent will remain with the school
districts. If districts choose to sell surplus or obsolete
instructional materials, this bill will create a revenue
source for school districts and the state.
Prior Legislation
AB 1342 (Mendoza), 2007-08 Session, changes the
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restrictions placed on the SBE and school districts in the
disposal of surplus or undistributed obsolete instructional
materials. The bill was held in the Assembly Education
Committee.
AB 2654 (Coto), 2005-06 Session, authorizes the sale of
usable surplus or undistributed obsolete instructional
materials by school districts to organizations that would
be permitted, with an assurance the materials will be used
for educational purposes, to sell the materials for a
profit. The bill was held in the Senate Appropriations
Committee.
AB 93 (Jerome Horton), 2005-06 Session, allows school
districts to sell surplus and obsolete instructional
materials to any organization that agrees to use the
materials only for educational purposes and that agrees not
to resell the materials for a profit. The bill was held in
the Assembly Education Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/9/09) (per Senate Revenue and
Taxation Committee)
American Federation of State, County and Municipal
Employees
Antioch Unified School District
San Francisco Unified School District
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Tom
Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
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Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Bill Berryhill, Block
DLW:mw 7/16/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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