BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1398|
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THIRD READING
Bill No: AB 1398
Author: Blumenfield (D), et al
Amended: 8/31/09 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 5-2, 7/8/09
AYES: Alquist, Hancock, Liu, Maldonado, Simitian
NOES: Huff, Wyland
NO VOTE RECORDED: Romero, Padilla
ASSEMBLY FLOOR : 80-0, 5/4/09 - See last page for vote
SUBJECT : Technology-based materials
SOURCE : Author
DIGEST : This bill 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. This bill
ensures that school districts continue to provide all
students with sufficient textbooks and instructional
materials by clarifying that the authority provided by this
bill does not relieve a district from complying with the
requirements of the Education Code and may not occur if a
county office of education has found the district to be out
of compliance with that code section.
CONTINUED
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Senate Floor Amendments of 8/31/09 clarify that a school
district may not use Instructional Materials Funds to
replace computers or related equipment in an existing
computer lab or to establish a new computer lab, and add
coauthors.
ANALYSIS : 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 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.
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.
Related/Prior legislation
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AB 836 (Torlakson), of 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), of 2009 which passed the Senate
Education Committee on July 1, 2009, establishes the
Surplus Instructional Materials Fund and provides that the
moneys in the Fund 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 similar 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 held in the Senate Education Committee's
suspense file.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/31/09)
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
Sony Corporation
Tech America
OPPOSITION : (Verified 8/31/09)
Association of American Publishers, Inc.
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Pearson Publishers
ARGUMENTS IN SUPPORT : According to the author's office,
"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 can to capture students'
attention and retain it, and to prepare them for what the
future brings."
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."
ARGUMENTS IN OPPOSITION : According to the Association of
American Publishers, Inc., "Our opposition is based on the
following concerns:
" $1.5 billion unmet need for instructional materials . Over
$1.5 billion dollars is needed to provide the state's 6
million students with a complete set of instructional
materials in the core areas of reading/language arts, math,
science and social science. The state is only able to meet
approximately one half of these costs through the budget
and Proposition 20 lottery funds.
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" Students Still Need Content . Computers are not a
substitute for instructional content. If schools spend
their instructional materials funds to buy hardware, they
will have nothing left to purchase curriculum content,
which is available in electronic formats but is not free.
Current law permits instructional materials funds to be
used for instructional materials in any format, including
electronic.
" Other funding sources for computers . Specifically, the
federal stimulus [a.k.a. American Recovery and Reinvestment
Act] will provide $70.8 million for education technology to
CA. There is also $14 million in on-going state funds for
instructional technology.
" Lawsuit on Equal Opportunity to Learn . The Williams
lawsuit (a.k.a. ACLU/MALDEF lawsuit) cites that there are
inadequate instructional materials in schools, particularly
in communities with disadvantaged students. This denies
students the equal opportunity to learn. Allowing
instructional materials funds to leak out for other uses
exacerbates this problem.
" Current Funding Inadequate . Textbook funding has taken a
15.4% reduction in the 2008-09 year and there will be an
additional reduction in 2009-10 that will compound the
reduction to 19.8%."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, 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, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
AB 1398
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Villines, Yamada, Bass
DLW:nl 9/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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