BILL ANALYSIS
AB 1398
Page 1
ASSEMBLY THIRD READING
AB 1398 (Blumenfield)
As Introduced February 27, 2009
Majority vote
EDUCATION 10-0
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|Ayes:|Brownley, Nestande, | | |
| |Ammiano, Arambula, | | |
| |Carter, Eng, Garrick, | | |
| |Miller, Solorio, | | |
| |Torlakson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Changes the definition of "technology-based
materials," for purposes of the instructional materials and
testing part of the Education Code, to include the electronic
equipment required to make use of those materials only if that
equipment is to be used by pupils and teachers as a learning
resource.
EXISTING LAW :
1)Defines specified terms used in provisions of law related to
instructional materials, including "technology-based
materials" and defines "technology-based materials" as basic
or supplemental instructional materials designed as learning
resources that require the availability of electronic
equipment in order to be used, and excludes the electronic
equipment required to make use of those materials as part of
the definition.
2)Establishes the Instructional Materials Funding Realignment
(IMFR) program requiring the California Department of
Education (CDE) to apportion funds appropriated for purposes
of the program to school districts to ensure that each pupil
is provided with standards-aligned basic instructional
materials as adopted by the State Board of Education (SBE)
subsequent to the adoption of content standards for
kindergarten and grades 1-8, inclusive, (K-8) or as adopted by
the local governing board for grades 9 to 12, inclusive.
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3)Requires pupils be provided with standards-aligned textbooks
or basic instructional materials by the beginning of the first
school term that commences no later than 24 months after those
materials were adopted by the SBE.
4)Allows a governing board, following certification 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 IMFR program for other stated
purposes including purchasing supplementary instructional
materials and technology-based materials.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : The SBE adopts instructional materials for K-8 and
local school districts adopt instructional materials for grades
9-12, inclusive. The instructional materials adoptions are
guided by curriculum frameworks developed by the Curriculum
Development and Supplemental Materials Commission (Curriculum
Commission) and adopted by the SBE. The SBE-adopted
instructional materials must be consistent with the criteria and
standards of quality prescribed in the adopted curriculum
frameworks, and funding from the IMFR must be used to purchase
materials that have been adopted by the SBE.
Once a governing board certifies that each pupil has been
provided with standards-aligned textbooks or basic instructional
materials in the core curriculum areas of reading/language arts,
mathematics, science, and history/social sciences, the remaining
funds may be used for other stated purposes, such as to purchase
at the discretion of the district supplementary instructional
materials and technology-based materials. Although districts
are allowed to use remaining IMFR funds to purchase supplemental
materials or technology-based materials, it is unclear whether
districts indeed have remaining funds following a purchase of
newly adopted instructional materials. In cases where districts
may have remaining funds and purchase technology-based
materials, the district may not necessarily have the resources
necessary to purchase the equipment to make use of those
materials. Because, the current definition of "technology-based
materials" excludes equipment, IMFR funds cannot be used for the
purchase of equipment. This bill would effectively allow for
the use of IMFR program funds for purchasing electronic
equipment that can be used as a learning resource.
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An argument could be made that technology hardware should not be
an allowable use of IMFR program funds as this may result in
reduced available funds for textbooks and that printed textbooks
ensure equal access to instructional tools for all students. Not
all students have the equipment or connectivity at home to make
use of technology-based materials.
As a result of the enactment of the revised Budget Act of 2009,
districts are allowed to use funds from the IMFR program for any
educational purpose, conceivably the purchase of electronic
equipment and technology-based instructional materials. It
could be argued that considering the flexibility provisions
available to districts for the next four years that this bill
may not be necessary at the present time. On the other hand,
the flexibility provisions are temporary and the restrictions on
the IMFR program will potentially be reinstated and when that
occurs, this bill will give districts the opportunity to expend
IMFR funds for equipment that is to be used as learning
resources.
The proliferation of technology in recent years has not
translated into increased access to technology in schools. The
interest in incorporating technology into the classroom has not
been coupled with enabling policies or financial support for
schools to keep pace with new and emerging technologies. The
limited resources or lack thereof have often limited a
district's ability to provide technology-based or electronic
versions of instructional materials to its pupils. School
districts and the State have grappled with funding challenges
but also challenges of ensuring equal access to technology for
all students. Providing districts the opportunity to use
existing funds to purchase electronic equipment could help
alleviate some of these concerns.
The author states, "Our students and schools are poised for
advanced technology in education. 99% of California's schools
are now broadband wired and prepared to go digital. Today's K-12
students are the first generation to grow up with wireless
internet, portable devices and computers. Students are not
only capable and confident with today's advanced technology,
most of them relate to technology the way previous generations
related to paper and textbooks. Today's kids are inspired by
computers; we should empower our schools to do everything they
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can to capture students' attention and retain it, and to prepare
them for what the future brings."
Arguments in support: The California Teachers Association
writes, "AB 1398 will help ensure that classroom teachers,
students, and schools have access to the state of the art
technology-based materials that comply with the State Department
of education Guidelines."
The Association of California School Administrators writes, "If
our students are to reach their full potential and use the same
technology expected to be used in the workforce, local schools
must have the authority and opportunity to purchase equipment
necessary to bring technology-based course curriculum to life.
Students no longer just rely on hardbound textbooks. They are
using technology for research, to create Power Points, to
earmark particular lessons and important activities that enhance
student learning."
Related legislation: AB 836 (Torlakson) requires the
Superintendent of Public Instruction (SPI) to establish and
convene a task force for education technology for purposes of
making recommendations on technology literacy model standards
and for a comprehensive statewide plan to increase and enhance
the level of technology used to deliver instruction in
California public schools.
AB 487 (Brownley), amongst its various provisions, establishes
the Surplus Instructional Materials Fund (SIMF) and provides
that the moneys in the SIMF would be available, subject to
appropriation, for allocation for the purpose of allowing school
districts, county offices of education, and charter schools to
acquire supplemental instructional materials or technology-based
materials.
Prior legislation: SB 1544 (Ashburn) of 2008 changes the
definition of "technology-based materials," for purposes of the
instructional materials and testing part of the Education Code,
to include the electronic equipment required to make use of
those materials only if that equipment is to be used by pupils
and teachers as a learning resource. SB 1544 was held in the
Senate Education Committee.
SB 1383 (Soto) of 2004 authorizes a school district to use
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instructional materials funds to purchase or lease
technology-based materials, as defined, and expands the
definition of "technology-based materials" to include equipment.
SB 1383 was held in the Senate Education Committee.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087
FN: 0000484