BILL NUMBER: AB 1790	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 7, 2012

INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members Jeffries and Silva)

                        FEBRUARY 21, 2012

   An act to add 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 a
printed instructional material for adoption by the state board or the
governing board of a school district to ensure that the printed
instructional material is also available in an equivalent digital
format 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 apply these provisions only to adoptions that occur
after the exemption time period described above. 
   The bill would become operative only if SB 1154 of the 2011-12
Regular Session is  also  enacted  and takes effect
 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 60063 is added to the Education Code, to read:
   60063.  (a) A publisher or manufacturer submitting a printed
instructional material for adoption by the state board pursuant to
Section 60200 or the governing board of a school district pursuant to
Section 60400 shall ensure that the printed instructional material
is also available in an equivalent digital format 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.  
   (d) This section does not require a publisher or manufacturer that
submits an instructional material in digital format only for
adoption by the state board or the governing board of a school
district to offer or submit an equivalent print version of the
instructional material in digital format.  
   (e) 
    (b)  This section shall become operative only if Senate
Bill 1154 of the 2011-12 Regular Session is also enacted and takes
effect.