BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1398
AUTHOR: Blumenfeld
INTRODUCED: February 27, 2009
FISCAL COMM: No HEARING DATE: July 8, 2009
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Instructional materials: Technology-based
materials.
SUMMARY:
This bill changes the definition of "technology-based
materials" to include electronic equipment required to make
use of those materials if it is used as a learning resource
by pupils and teachers.
BACKGROUND
Existing law:
1) Authorizes the use of instructional materials funds
(IMF) to purchase, among other things, instructional
materials adopted by the State Board of Education (for
grades k-8) or a local governing board (grades 9-12),
supplementary materials, and technology-based materials.
2) Requires each pupil, including English learners, to have
a standards-aligned textbook or instructional materials,
or both, to use in class and to take home. In addition,
pupils must 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 State Board of
Education.
3) Existing law authorizes a school district to use IMF to
purchase instructional materials for the visual and
performing arts, foreign language, health, or any other
curricular areas provided 1) these materials were
adopted by the State Board of Education or the local
governing board as specified and 2) the district
AB 1398
Page 2
certifies that it has provided each pupil with a
standards-aligned textbook or basic instructional
materials in the core curriculum areas of
reading/language arts, mathematics, history/social
science, and science. Once a governing board certifies
that each pupil has been provided with a
standards-aligned textbook or basic instructional
materials in the core curriculum areas, a district may
use remaining funds from the IMF for other stated
purposes, including the purchase of supplementary
instructional materials and technology-based materials.
4) Defines "technology-based materials" as basic or
supplemental instructional materials that are designed
as learning resources and require the availability of
electronic equipment in order to be used.
Technology-based materials include, but are not limited
to software programs, video disks, compact discs,
optical discs, video and audio tapes, lesson plans, and
data bases. The equipment required to make use of these
materials is specifically excluded from the definition.
ANALYSIS
This bill expands the definition of "technology based
materials" to include electronic equipment if it is used by
pupils and teachers as a learning resource.
STAFF COMMENTS
1) Appropriate use of instructional materials funds ?
The instructional materials fund was established to
ensure that all pupils (K-12) have access to textbooks
or instructional materials in each subject area.
Could using the IMF to purchase electronic equipment
necessary to access technology-based materials reduce
the funding available for printed instructional
materials?
2) Williams case requirements . In August 2004, the
state entered into a settlement in the Williams v.
California case that required the state to ensure,
among other items, that pupils have access to
reasonably current textbooks and instructional
AB 1398
Page 3
materials, in useable condition, in each core subject,
to use in class and to take home for homework. One of
the bills that implemented the Williams settlement, SB
550 of 2004 (Chapter 900, Vasconcellos) required that
each County Superintendent annually visit schools
ranked in deciles 1, 2, or 3 of the Academic
Performance Index (API) during the first month of
school to insure that all pupils have sufficient
textbooks for all core subject classes. In the event
a failure to provide sufficient instructional
materials is identified by the County Superintendent
or by other means, the State Superintendent is
required to purchase the materials for the schools
that lack them and charge the district for the
expense. To ensure that districts continue to provide
all students with sufficient textbooks and
instructional materials, staff recommends the bill be
amended to clarify that the authority provided by this
bill does not relieve a district from complying with
the requirements of Section 60119(c) and may not occur
if a county office of education has found the district
to be out of compliance with that code section.
3) Flexibility . As a result of the enactment of the
Budget Act of 2009, districts are allowed to use IMF
funds for any educational purpose to the 2012-13
fiscal year. Conceivably, this could include the
purchase of electronic equipment and technology-based
instructional materials. If the restrictions on the
IMF program are reinstated after the 2012-13 fiscal
AB 1398
Page 4
year, the authorization that this bill provides would
enable districts to
purchase the electronic devices necessary to access
technology based instructional materials.
4) Other resources for technology equipment purchases .
California offers two options for providing funds to
districts for the purchase of technology hardware. In
2007, $32 million was available for formula (based
upon
K-12 Title 1 entitlement) and competitive grants
through the federally funded Enhancing Education
Through Technology program. In addition, the federal
E-rate Program offers eligible K-12 public schools and
libraries 20% to 90% discounts on approved
telecommunications, Internet access, and internal
connections costs. E-rate discounts are based on the
number of students eligible for the National Free
Lunch Program.
5) Related and prior legislation . AB 836 (Torlakson),
which is also scheduled to be heard by this Committee
on July 1, 2009, requires the Superintendent of Public
Instruction to establish and convene a task force for
education technology for purposes of making
recommendations on technology literacy model standards
and for a comprehensive plan to increase and enhance
the level of technology used to deliver instruction.
AB 487 (Brownley), which is also scheduled to be heard by
this Committee on July 1, 2009, 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.
This bill is identical to SB 1544 (Ashburn) of 2008, which
was held in the Senate Education Committee at the
request of the author. SB 1383 (Soto, 2004) would
have authorized a school district to use instructional
materials funds to purchase or lease technology-based
materials, and expanded the definition of "technology
based materials" to include equipment that is
specifically excluded under current law. SB 1383 was
AB 1398
Page 5
held on this Committee's suspense file.
SUPPORT
Antioch Unified School District
Association of California School Administrators
California County Boards of Education
California Teachers Association
Los Angeles Unified School District
QUALCOMM
San Francisco Unified School District
Tech America
OPPOSITION
Association of American Publishers
Pearson Publishers