BILL ANALYSIS
AB 1398
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1398 (Blumenfield)
As Amended August 31, 2009
Majority vote
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|ASSEMBLY: |80-0 |(May 4, 2009) |SENATE: |33-3 |(September 3, |
| | | | | |2009) |
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Original Committee Reference: ED.
SUMMARY : Changes the definition of "technology-based
materials," 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 and specifies that a
district that is out of compliance with existing requirements to
provide pupils sufficient textbooks or instructional materials
is not authorized to purchase electronic equipment pursuant to
this bill.
The Senate amendments:
1)Specify that the provisions of this bill shall not be
construed to relieve a school district of the obligation to
provide pupils with sufficient textbooks or instructional
materials, as specified in current law, and prohibit a school
district from procuring electronic equipment pursuant to this
bill if a county office of education determines that the
district is out of compliance with this obligation.
2)State that this bill shall not be construed to authorize a
school district to replace computers or related equipment in
an existing computer lab or allow a school district to
establish a new computer lab.
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
AB 1398
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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.
3)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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
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 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
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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.
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
can to capture students' attention and retain it, and to prepare
AB 1398
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them for what the future brings."
Related legislation: AB 487 (Brownley and Anderson) would
authorize the SBE, the governing board of a school district, or
a county office of education to sell surplus or obsolete
undistributed instructional materials and makes changes to the
existing restrictions placed on the disposal of such materials.
Prior legislation: SB 1544 (Ashburn) of 2008 would have changed
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 would have authorized a school district
to use 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: 0002785