BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 247|
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                              UNFINISHED BUSINESS


          Bill No:  SB 247
          Author:   Alquist (D), et al
          Amended:  7/15/09
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/29/09
          AYES:  Romero, Huff, Alquist, Hancock, Liu, Maldonado,  
            Padilla, Simitian, Wyland

           SENATE FLOOR  :  36-0, 5/11/09
          AYES:  Aanestad, Alquist, Ashburn, Benoit, Cogdill,  
            Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny,  
            Dutton, Florez, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,  
            Oropeza, Padilla, Pavley, Romero, Runner, Steinberg,  
            Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Calderon, Cedillo, Simitian, Vacancy

           ASSEMBLY FLOOR  :  75-0, 8/17/09 - See last page for vote


           SUBJECT  :    Instructional materials

           SOURCE  :     Author


           DIGEST  :    This bill authorizes a local governing board to  
          use funding from the Instructional Materials Funding  
          Realignment program to purchase state-adopted instructional  
          materials 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 if  
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          it can ensure that each pupil will be provided with a copy  
          of the instructional materials to use at school and at  
          home.  Clarifies that providing access to the materials at  
          school and at home does not require a local educational  
          agency to purchase two sets of materials. 

           Assembly Amendments  added K-8 to the bill and added  
          Assembly co-authors.

           ANALYSIS  :    Existing law requires the State Board of  
          Education (SBE) to adopt basic instructional materials  
          (IMs) for use in K-8 and requires the Curriculum  
          Development and Supplemental Materials Commission to  
          perform several duties including studying and evaluating  
          IMs and making recommendations to the SBE relative to IMs  
          approved for adoption.  Requires pupils be provided with  
          standards-aligned textbooks or basic IMs 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.   
          Establishes the Instructional Materials Funding Realignment  
          (IMFR) program administered by the Superintendent of Public  
          Instruction under which school districts are apportioned  
          funds to ensure that each pupil is provided a  
          standards-aligned textbook or basic IMs, as adopted by the  
          SBE or the local governing board.  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.  IMs may be printed or nonprinted, and  
          may include textbooks, technology-based materials, other  
          educational materials and tests. 

          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. 

          In August 2004, the state entered into a settlement  
          agreement in the  Williams v. California  case that required  
          the state to ensure, among other items, that pupils have  







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          access to reasonably current textbooks and instructional  
          materials, in useable condition, in each core subject to  
          use in class and to take home.  The California Department  
          of Education's website notes that web-based or electronic  
          textbooks count as IMs, "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."  This bill includes  
          language providing that districts can purchase electronic  
          materials if the district can ensure all students have  
          access to IMs to use at home and at school. 

          A recent survey by the Public Policy Institute of  
          California finds that the share of Californians with  
          Internet access at home is up four points as compared to  
          2008 (67 percent today, 63 percent in 2008) and that  
          overall Internet use rose six points in the last year (76  
          percent today, 70 percent in 2008).  Additionally, the  
          survey shows that computer ownership is up three points (75  
          percent today, 72 percent in 2008).  Despite these  
          improvements noted above, the Institute 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." 

           Comments
           
          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 helps create the  
          21st century classroom." 







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           Related Legislation

           AB 314 (Brownley) makes various changes to the state IMs  
          adoption process, and provides flexibility to districts in  
          the purchase of those materials.  States that school  
          districts may use IMFR funds to purchase state adopted  
          textbooks or basic instructional materials 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. 

          AB 1398 (Blumenfield) changes the definition of  
          "technology-based materials," for purposes of the IMs 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/8/09) (per Assembly Education  
          Committee analysis)

          California Manufacturers and Technology Association
          Los Angeles Unified School District
          San Diego County Office of Education
          Santa Clara County Office of Education
          TechAmerica


           ASSEMBLY FLOOR :
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, 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, Ruskin, Salas, Silva, Skinner,  







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            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Cook, Fletcher, Saldana, Smyth, Vacancy


          DLW:mw  8/18/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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