BILL NUMBER: AB 1790	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 7, 2012

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2012

   An act to add  Sections 60054 and   Section
 60063 to the Education Code, relating to instructional
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1790, as amended, Hagman. Instructional materials: digital
format.
   Existing law authorizes the State Board of Education and the
governing board of each school district maintaining one or more high
schools to adopt instructional materials for use in kindergarten and
grades 1 to 8, inclusive, and high schools, respectively. Existing
law places specified requirements on a publisher or manufacturer of
instructional materials offered for adoption.  Existing law,
until July 1, 2015, exempts school districts from requirements to
provide pupils with instructional materials by a specified time
period following adoption of those materials by the state board.

   This bill would require a publisher or manufacturer submitting an
instructional material for adoption by the state board or the
governing board of a school district to ensure that the instructional
material is available in both print and digital formats  during
the entire term of the adoption  . The bill would not authorize
the use of instructional materials that would constitute an
infringement of copyright under specified federal law. The bill would
 require the governing board of a school district to provide
a pupil with that digital copy of an adopted instructional material
if the pupil owns a compatible electronic reader device and requests
to use the digital copy, thereby imposing a state-mandated local
program. The bill would state the intent of the Legislature that
providing a pupil with that digital copy constitutes furnishing a
pupil with a textbook in compliance with specified law  
apply these provisions   only   to adoptions that
occur after the exemption time period described above  .

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 60054 is added to the
Education Code, to read:
   60054.  (a) The governing board of a school district shall provide
a pupil with a digital copy, provided pursuant to Section 60063, of
an adopted instructional material if the pupil owns a compatible
electronic reader device and requests to use the digital copy of the
instructional material.
   (b) It is the intent of the Legislature that providing a pupil
with a digital copy of an instructional material pursuant to
subdivision (a) constitutes furnishing a pupil with a textbook in
compliance with Section 7.5 of Article IX of the California
Constitution. 
   SEC. 2.   SECTION 1.   Section 60063 is
added to the Education Code, to read:
   60063.  (a) A publisher or manufacturer submitting an
instructional material for adoption by the state board  pursuant
to Section 60200  or the governing board of a school district
pursuant to  Sections 60200 and   Section 
60400 shall ensure that the instructional material is available in
both print and digital formats  during the entire term of the
adoption  .
   (b) This section does not authorize the use of instructional
materials that would constitute an infringement of copyright under
the federal Copyright Revision Act of 1976, as amended (17 U.S.C.
Sec. 101 et seq.). 
   (c) This section shall apply only to instructional material
adoptions that occur after the inoperative date established in
Section 60049.  
  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.