BILL ANALYSIS
AB 2694
Page A
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2694 (Blumenfield) - As Introduced: February 19, 2010
SUBJECT : Instructional materials.
SUMMARY : Revises the definition of "supplementary instructional
materials" and requires governing boards of school districts
when adopting instructional materials to include the use of
relevant technological instructional materials, as specified.
Specifically, this bill :
1)Adds to the definition of "supplementary instructional
materials" instructional materials designed to use current,
relevant technology that further engages interactive learning
in the classroom and beyond.
2)Requires, when adopting instructional materials, the governing
board of a school district to include the use of relevant
technological instructional materials if the materials are
both available and comparable to other, equivalent
instructional materials.
EXISTING LAW :
1)Defines "supplementary instructional materials" as
instructional materials designed to serve, but not be limited
to, one or more of the following purposes, for a given
subject, at a given grade level:
a) To provide more complete coverage of a subject or
subjects included in a given course;
b) To provide for meeting the various learning ability
levels of pupils in a given age group or grade level;
c) To provide for meeting the diverse educational needs of
pupils with a language disability in a given age group or
grade level; or,
d) To provide for meeting the diverse educational needs of
pupils reflective of a condition of cultural pluralism.
AB 2694
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2)Defines "Technology-based materials" as basic or supplemental
instructional materials that are designed for use by pupils
and teachers as learning resources and that require the
availability of electronic equipment in order to be used as a
learning resource and specifies that technology-based
materials include, but are not limited to, software programs,
video disks, compact disks, optical disks, video and audio
tapes, lesson plans, and data bases.
3)Provides that technology-based materials do not include the
electronic equipment required to make use of those materials,
unless that equipment is used by pupils and teachers as a
learning resource.
4)Authorizes a local governing board of a school district to use
instructional materials funding to purchase State Board of
Education (SBE)-adopted instructional materials for
kindergarten and grades 1 to 8, inclusive, (K-8) and state
standards-aligned materials for grades 9 to 12, inclusive, in
an electronic or hardbound format if it can ensure that each
pupil will be provided with a copy of the instructional
materials to use at school and at home, and specifies that
providing access to the materials at school and at home does
not require the local educational agency to purchase two sets
of materials.
5)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 Instructional Materials Funding
Realignment (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 use in K-8
and local school districts adopt instructional materials for use
in 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.
Funding from the IMFR program must be used to purchase materials
that have been adopted by the SBE and may be used to purchase
supplementary instructional materials once the district has
certified that each pupil has been provided instructional
AB 2694
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materials in the core areas. This bill modifies the definition
of supplementary instructional materials and it requires
districts to include technological instructional materials when
adopting instructional materials.
Supplementary instructional materials : This bill modifies the
definition of "supplementary instructional materials" to include
instructional materials designed "to use current, relevant
technology that further engages interactive learning in the
classroom and beyond." The existing definition of supplementary
instructional materials focuses on the content and the purpose
that these materials should serve and not the format in which
those materials should be made available. Additionally, the
definition of "technology-based materials" already includes
supplemental instructional materials, essentially allowing for
the development and use of electronic versions of supplementary
instructional materials. Thus, a change in the definition of
supplementary instructional materials may not be necessary.
Use of electronic instructional materials : This bill requires
governing boards of school districts, when adopting
instructional materials, to include the use of relevant
technological instructional materials if the materials are both
available and comparable to other, equivalent instructional
materials.
A review of the SBE adoption lists for the core subject,
standards-aligned adoptions since 2005 shows that the number of
electronic editions of adopted instructional materials has
increased significantly. For example, the 2007 math adoption
includes 22 basic programs, 10 of which are available in an
optical disk (CD or DVD-ROM), two are available as online texts,
and one program has an integrated electronic component. In
reading-language arts, nine basic programs were adopted, three
of which are available in an optical disk (CD or DVD-ROM), four
are available as online texts, and one program has an integrated
electronic component. In consideration that electronic
instructional materials are available and are comparable to the
print versions, this bill creates a costly mandate on school
districts by essentially requiring them to purchase electronic
versions of instructional materials.
Furthermore, this bill will create confusion in the law as this
bill is in conflict with existing law relative to the purchase
of electronic or hardbound materials. SB 247 (Alquist), Chapter
209, Statutes of 2009, authorizes school districts to use IMFR
AB 2694
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program funds for instructional materials in hardbound or
electronic formats as long as the district ensures access to the
materials at school and at home, and clarifies that districts
are not required to purchase two sets of instructional
materials. Districts are authorized to choose the version of
instructional materials they purchase as long as they ensure
access, but this bill now requires districts to purchase
electronic versions. If districts are required to purchase
electronic versions of instructional materials and they are
financially unable to also purchase the print format, this bill
raises concerns about the effect this may have on access,
particularly for pupils that may not have the means to access
technology-based materials at home.
A recent survey by the Public Policy Institute of California
(PPIC) finds that the share of Californians with Internet access
at home is up 4 points (67% today compared to 63% in 2008) and
that overall Internet use rose 6 points (76% today compared to
70% in 2008). Additionally, the survey shows that computer
ownership is up 3 points (75% today compared to 72% in 2008).
Despite these improvements, the PPIC reports that "a digital
divide still persists," and notes that "just over half of
Latinos (52%) say they have home computers, far lower than the
percentage of Asians (89%), whites (87%), and blacks (75%) who
do. Only 39 percent of Latinos have a home broadband
connection, compared to 75 percent of whites, 74 percent of
Asians, and 62 percent of blacks." Ensuring equal access to the
equipment and infrastructure necessary to make use of
technology-based materials is perhaps the greatest challenge in
expanding use of technology-based materials. Students will need
access to the instructional content both at school and at home,
and most electronic formats will most likely require that
students have access to a personal computer in both locations,
and perhaps access to a broadband Internet connection. As noted
by the PPIC report, there are still significant gaps in access
and staff notes that this would represent great challenges for a
significant portion of the student population that may not have
the ability to access electronic content away from school.
The state has been previously involved in litigation over
matters of unequal access to basic educational opportunities for
all pupils. In August 2004, the state entered into a settlement
agreement in the Williams v. California (Williams) case that
required the state to ensure, among other requirements, that
pupils have access to reasonably current textbooks and
AB 2694
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instructional materials, in useable condition, in each core
subject to use in class and to take home. In order for
districts to meet the requirements of the Williams settlement
and the requirements imposed by this bill, districts will have
to purchase instructional materials in two formats thereby
creating inconsistencies in the law.
Furthermore, it is not apparent that districts are ready to
completely transition to electronic instructional materials. It
is questionable whether school districts have the funds
available for the infrastructure, professional development,
technical support, and equipment that would be necessary for a
successful transition to the use of electronic instructional
materials and to ensure equal access for all students. It will
take some time before all of the concerns with the use of
electronic instructional materials are fully addressed. Staff
recommends an amendment to delete the requirement that districts
include the use of relevant technological instructional
materials when adopting instructional materials, and instead
make these provisions permissive. Additionally, staff
recommends amending the bill on page 4, line 3, to replace the
term "technological instructional materials" with
"technology-based materials" to align the bill with existing
definitions in the Education Code.
The author states, "AB 2694 was introduced to encourage schools
to make a conscientious effort at engaging all students in their
day-to-day instruction through the use of current, relevant
technology as supplemental instructional materials when and
where it is appropriate." The author further states, "It is not
our intent to burden schools with mandates, requirements, or
costly upgrades; it is our intent to ensure that our schools
make an effort to incorporate current, relevant technology when
considering supplemental instructional materials; not only for
the purposes of engaging all students but for preparing them for
the technology employed in today's world."
Related legislation : AB 314 (Brownley) makes various changes to
the instructional materials adoption process and requires
publishers to furnish instructional materials in an electronic
format at a price that is less than the price charged for the
printed version and exempts a small publisher, as defined, from
this requirement. Provides that the electronic versions of
instructional materials shall contain at least the same content
as the printed version and allows for the materials to be
AB 2694
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copy-protected. Requires publishers to provide any equipment or
technology associated with the use of instructional materials
free of charge to the same extent as they are provided to other
states or districts in the United States. AB 314 is pending in
the Senate Appropriations Committee.
AB 1742 (Coto) provides that a nonpublic, nonsectarian school
(NPS) that provides special education and related services to a
pupil with disabilities may include technology-based materials,
as defined in current law, as part of the standards-based, core
curriculum and instructional materials that the NPS is required
to provide. AB 1742 is pending in this Committee and is
scheduled to be heard today.
Previous legislation : SB 247 (Alquist), Chapter 209, Statutes
of 2009, authorizes a local governing board to use funding from
the IMFR program to purchase state-adopted instructional
materials for K-8, inclusive, and state standards-aligned
materials for grades 9 to 12, inclusive, in an electronic or
hardbound format if it can ensure that each pupil will be
provided with a copy of the instructional materials to use at
school and at home.
AB 1398 (Blumenfield), Chapter 293, Statutes of 2009, modifies
the definition of technology-based materials to include the
electronic equipment required to make use of such materials if
that equipment is to be used by pupils and teachers as a
learning resource.
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Unified School District
Opposition
None on file.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087