BILL ANALYSIS
SB 247
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Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 247 (Alquist) - As Amended: June 16, 2009
SENATE VOTE : 36-0
SUBJECT : Electronic instructional materials
SUMMARY : Authorizes a local governing board to use funding from
the Instructional Materials Funding Realignment (IMFR) program
to purchase state-adopted instructional materials (IM) for
kindergarten and grades 1 to 8 (K-8), inclusive, and state
standards-aligned materials for grades 9 to 12, inclusive, in an
electronic or hardbound format.
EXISTING LAW :
1)Requires the State Board of Education (SBE) to adopt basic IM
for use in K-8 and requires the Curriculum Development and
Supplemental Materials Commission (Curriculum Commission) to
perform several duties including studying and evaluating IM
and recommending to the SBE IM which it approves for adoption.
2)Requires pupils be provided with standards-aligned textbooks
or basic IM by the beginning of the first school term that
commences no later than 24 months after those materials were
adopted by the SBE and authorizes SBE to grant school
districts additional time to meet this requirement if
specified criteria are met.
3)Establishes the IMFR program administered by the
Superintendent of Public Instruction (SPI) under which school
districts are apportioned funds to ensure that each pupil is
provided a standards-aligned textbook or basic IM, as adopted
by the SBE or the local governing board.
4)Defines "instructional materials" as all materials that are
designed for use by pupils and their teachers as a learning
resource and help pupils to acquire facts, skills, or opinions
or to develop cognitive processes. IM may be printed or
nonprinted, and may include textbooks, technology-based
materials, other educational materials and tests.
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FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : School districts are authorized to use funds from the
IMFR program to purchase technology-based materials,
nevertheless some arguments have been made that there is
confusion in the field as to whether a district can indeed use
IMFR funds for technology-based or electronic versions of
instructional materials.
The California Department of Education's (CDE) Website notes
that Web-based or electronic textbooks count as instructional
materials, "but in order to meet the definition of sufficient
instructional materials students need to have access to the
materials both at school and at home. This presumes that
students with Web-based materials have access to computers and
the Internet in school and at home and students with electronic
textbooks have access to computers in school and 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, 63% 2008) and that overall
Internet use rose 6 points (76% today, 70% 2008). Additionally,
the survey shows that computer ownership is up 3 points (75%
today, 72% 2008).
Despite these improvements noted above the PPIC reports that "a
digital divide still persists, and states 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."
Considering that there is still a persistent gap in access to
technology, this Committee may wish to consider whether the bill
should include language providing that districts shall ensure
all students have access to instructional materials. AB 314
(Brownley), a similar measure, also provides that districts may
use IMFR funds to purchase electronic or print versions of
instructional materials if they can ensure that each pupil will
be provided with a copy of the materials to use at home and at
school.
In August 2004, the state entered into a settlement agreement in
the Williams v. California (Williams) case that required the
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state to ensure, among other items, that pupils have access to
reasonably current textbooks and instructional materials, in
useable condition, in each core subject to use in class and to
take home. This bill 'notwithstands' any other provision of law
and thus raises questions as to the impact this bill could have
on the Williams settlement provisions. Staff recommends the
bill be amended to include language to ensure that all pupils
will have access to the instructional materials at home and at
school.
As noted above, this bill is similar to AB 314 (Brownley) and
both bills amend the same Education Code section. Potential
chaptering out problems may result in the case that both
measures are enacted. Staff recommends this bill be amended to
resolve the technical conflict by creating a separate section
for the language proposed in this bill.
SB 4 3X, Chapter 12, Statutes of 2009 allow districts to use
funds from the IMFR program for any educational purpose through
2012-2013 and gives districts some relief with regards to the
rigid requirement to purchase instructional materials 24 months
following an adoption of instructional materials. As of July 1,
2010, however, districts will no longer have that flexibility
and will have to comply with the 24 month purchasing
requirement.
The author states, "Our students have changed. Today they are no
longer the children our educational system was designed to
teach. Today's students think, process information, and interact
with our world fundamentally different than previous
generations. The students sitting in today's classes are used
to instant connection to the internet, downloaded music, phone
in their pockets, a library on their laptops, and instant
messaging. They've been networked by technology most or all of
their lives. They are 21st century students. SB 247 help create
the 21st century classroom."
Related legislation : AB 314 (Brownley) Makes various changes to
the state instructional materials (IM) adoption process, and
provides flexibility to districts in the purchase of IM. States
that school districts may use IMFR funds to purchase state
adopted textbooks or basic IM in an electronic format, if they
can ensure that each pupil will be provided with a copy of the
IM to use at school and at home, as specified.
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AB 1398 (Blumenfield) 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.
REGISTERED SUPPORT / OPPOSITION :
Support
AT&T
California County Boards of Education Legislative Committee
California Federation of Teachers
California Manufacturers & Technology Association
California School Boards Association
Los Angeles Unified School District
Riverside County Schools Advocacy Association
San Bernardino District Advocates for Better Schools
San Diego County Office of Education
Santa Clara County Office of Education
Silicon Valley Leadership Group
TechAmerica
Opposition
None on file.
Analysis Prepared by : Marisol Avi?a / ED. / (916) 319-2087