BILL ANALYSIS �
AB 1790
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Date of Hearing: March 28, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1790 (Hagman) - As Amended: March 7, 2012
SUBJECT : Instructional materials: digital format
SUMMARY : Requires school districts to provide a pupil with a
digital copy of an adopted instructional material if the pupil
owns an electronic reader device, as specified, and requires
publishers or manufacturers submitting instructional materials
for adoption to ensure the materials are available in both print
and digital formats. Specifically, this bill :
1)Requires a school district to provide a pupil with a digital
copy 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.
2)States the intent of the Legislature that providing a pupil
with a digital copy of an instructional material pursuant to
this bill constitutes furnishing a pupil with a textbook in
compliance with the California Constitution.
3)Requires a publisher or manufacturer submitting instructional
materials for adoption by the State Board of Education (SBE)
or the governing board of a school district to ensure that the
instructional materials are available in both print and
digital formats.
4)Does not authorize the use of instructional materials that
would constitute an infringement of copyright under the
federal Copyright Revision Act of 1976.
EXISTING LAW :
1)Requires the SBE to adopt basic instructional materials for
use in K-8 and to ensure that the instructional materials it
adopts meet specified criteria; and requires the criteria be
approved by resolution at the time the resolution adopting the
framework for the current adoption is approved, or at least 30
months before the date that the materials are to be approved
for adoption.
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2)Prohibits the SBE from adopting instructional materials or
follow the procedures for the adoption of instructional
materials until the 2015-16 school year.
3)Requires the governing board of each school district
maintaining one or more high schools to adopt instructional
materials for use in the high schools under its control, and
specifies that only instructional materials of those
publishers who comply with the specified requirements may be
adopted by the district board.
4)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. Technology-based materials include, but are
not limited to, software programs, video disks, compact disks,
optical disks, video and audiotapes, lesson plans, and
databases.
5)Specifies that technology-based materials do not include the
electronic equipment required to make use of those materials,
unless that equipment is to be used by pupils and teachers as
a learning resource and provides that this definition does not
relieve a school district of the obligation to provide pupils
with sufficient textbooks as specified.
6)Requires pupils be provided with standards-aligned textbooks
or basic instructional materials by the beginning of the first
school term that commences no later than 24 months after those
materials were adopted by the SBE, however for the 2008-09 to
2014-15 fiscal years, school districts are not required to
provide pupils with instructional materials by a specified
period of time following adoption of those materials by the
State Board of Education (SBE). States that school districts
are not relieved of their obligations to provide every pupil
with textbooks or instructional materials during this time.
7)Defines "sufficient textbooks or instructional materials" to
mean that each pupil, including English learners, has a
standards-aligned textbook or instructional materials, or
both, to use in class and to take home, but does not require
two sets of textbooks or instructional materials to be
purchased for each pupil. State that instructional materials
may be in a digital format as long as each pupil, at a
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minimum, has and can access the same materials in the class
and to take home, as all other pupils in the same class or
course in the district and has the ability to use and access
them at home.
8)Requires, in the California Constitution, the SBE to adopt
textbooks for use in grades 1-8, inclusive, throughout the
state to be furnished without costs.
FISCAL EFFECT : Unknown
COMMENTS : This bill requires a publisher or manufacturer
submitting instructional materials for adoption by the SBE or
the governing board of a school district to ensure that the
instructional materials are available in both print and digital
formats. Additionally, this bill requires school districts to
provide a pupil with a digital copy 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.
The proliferation of technology in recent years has not
translated into increased access to technology in schools. The
limited resources or lack thereof have often limited a
district's ability to provide technology-based or electronic
versions of instructional materials to its pupils. School
districts and the State have grappled with funding challenges
but also challenges of ensuring equal access to technology for
all students.
Sufficient textbooks or instructional materials : Current law
requires all schools to provide each pupil, including English
learners with a standards-aligned textbook or instructional
materials, or both, to use in class and to take home and allows
the materials to be in a digital format as long as pupils in the
same class or course have access to the same materials at school
and at home. The intent is to ensure that all pupils have
adequate access to instructional materials even if a school or
district chooses to adopt digital instructional materials.
Additionally, the constitution requires textbooks to be provided
free of charge.
This bill requires school districts to provide a pupil with a
digital copy of an adopted instructional material if the pupil
owns a compatible electronic reader device and requests to use
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the digital copy of the instructional material, and expresses
intent that this constitutes furnishing a textbook in compliance
with the California Constitution. Questions can be raised as to
whether providing a pupil with a digital version of
instructional materials to be used with a device purchased by
pupil's family indeed constitutes providing materials free of
charge. Additionally, if the device fails, given the
legislative intent in the bill, it is questionable as to whether
the intent is to stipulate that the district will have satisfied
its constitutional obligation by providing the digital version,
and would not be under the obligation to purchase another
textbook free of charge.
A question about the appropriateness of this requirement may
emerge in situations in which the materials that are available
electronically are newer versions than the available print
versions. For example, the 2002 reading language arts (RLA)
adoption did not include any electronic versions, and several,
if not most, districts are using these materials and will likely
be using these materials for several years until new materials
are adopted. If a pupil requests an electronic version of a RLA
instructional material, and the district is required to provide
it, the district may have to purchase a version from the 2008
RLA adoption, if there is a compatible version for the pupil's
device. This situation may result in pupils in the same
classroom potentially having access to different instructional
materials, thus potentially creating inequities based on ability
to afford technological devices. Even if the same versions are
provided in digital format to pupils that have digital devices
and print versions to those that do not, concerns have been
expressed that "the capacity of electronic readers to provide
assistance, such as dictionary definitions links, in addition to
the text of material is an example of a difference that would
result in an access disparity."
As a result of this bill, districts would be responsible for
purchasing items based on personal preferences of pupils whose
families are able to afford the aforementioned devices. This
Committee may wish to consider whether limited state resources
shall be spent on accommodating personal preferences of pupils
in an environment in which districts are struggling to provide
basic necessities. In consideration that school districts are
already required to provide basic instructional materials to all
pupils, this requirement could mean that districts may need to
buy two sets of instructional materials in order to accommodate
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the requests that may come in the middle of the year or a few
years after a school district has already made a big purchase of
materials. In a larger context, this bill may be setting a
precedent in which districts may have to be responsive to
individual pupil requests that are not based on need but on
preference. This Committee may wish to consider whether it may
be prudent to set that precedent.
By requiring districts to provide digital copies of
instructional materials upon a pupil's request, may create a
situation in which districts would need to purchase various
electronic formats that are compatible with all the different
devices in the market in order to accommodate pupil requests.
For example, currently there are adopted materials in
CD/DVD-ROM, online text, and integrated electronic versions that
have been adopted by the SBE and districts will potentially have
to purchase materials in all these different formats as it is
possible that pupils that own such devices will not all own the
same and may request materials in all possible formats.
Furthermore, "electronic reader device" is not defined in this
bill.
While some may argue that digital/electronic versions of
instructional materials are less costly, it should be noted that
if this bill is enacted, a school district will also be
responsible for providing the technical support that may be
necessary to ensure that the pupil that requests an electronic
copy of an instructional material can access that material, and
to possibly troubleshoot any technical problems that may arise
with a privately owned device.
Current law authorizes a governing board of a school district,
once the district certifies that each pupil has been provided
with standards-aligned textbooks or basic instructional
materials in the core curriculum areas of reading/language arts,
mathematics, science, and history/social sciences, to use the
remaining instructional material program funds for other stated
purposes, such as to purchase at the discretion of the district
supplementary instructional materials and technology-based
materials. Current law also allows districts to use IMFR
program funds for purchasing equipment to make use of
technology-based materials, as specified.
As a result of the fiscal climate in the state, adoptions of
instructional materials have been suspended until the 2015-16
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fiscal year, thus there are no adoptions taking place at the
moment and districts are not required to purchase instructional
materials by a specified timeline. A question could be raised
regarding the timing of this proposal.
Publisher requirements : Even though current law does not
require publishers to submit materials in electronic formats,
several publishers have already been doing so. A 2007 study of
previous SBE adoptions showed that publishers were beginning to
make electronic editions of their materials available as an
alternate format to their print textbooks. Furthermore, the
last couple of adoptions have seen a number of publishers submit
programs that have an integrated electronic component, or in
some cases, are entirely technology-based. 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. The 2008 reading language arts
(RLA) adoption included various electronic components whereas,
the 2002 RLA adoption did not include any electronic versions of
instructional materials.
The recently revised Title 5 of the California Code of
Regulations 9523 currently stipulates that publishers must:
"provide the CDE with a with a URL to those instructional
materials intended for student use that are being submitted for
adoption, and the CDE shall post on its website direct
hyperlinks to the URLs provided by the publishers. The
instructional materials posted on each publisher's website shall
be identical to the hard copy version of the instructional
materials submitted for adoption, except that copyrighted items
that do not allow for posting online may be omitted and replaced
by a description of the omitted item, and any online features
that are absent from the hard copy version shall be identified."
This requirement for posting is within the context of public
inspection of materials being considered for adoption and not
necessarily in the context of purchasing these materials. This
means that there is currently no requirement for publishers to
ensure the digital materials are available beyond the submission
period and for purchase by districts.
It appears that many of the larger publishers are already moving
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in the direction of including digital versions of instructional
materials, and thus this may not create a significant burden on
those publishers. However, it is not clear that the smaller
publishers will be able to meet the requirement in this bill.
Many of the small publishers already have a difficult time with
the statewide adoption process and therefore there is a
possibility that this proposal may add an additional burden on
small publishers. Additionally, it is unclear whether the bill
may be requiring publishers to submit the materials in various
electronic formats so that they are compatible with the various
forms of hardware available in the market.
Should this committee wish to approve this bill, staff
recommends a number of amendments to address the concerns
raised:
1) Delete Section 1 of the bill.
2) In Section 2 of the bill:
a. Specify that if a small publisher, as defined,
is unable to submit in digital format, the publisher
shall not be prohibited from participating in
statewide adoptions due to the publisher's inability
to submit digital materials.
b. Define small publisher or manufacturer as an
independently owned or operated publisher or
manufacturer that is not dominant in its field of
operation, and that, together with its affiliates, has
100 or fewer employees, and has average annual gross
receipts of ten million dollars or less over the
previous three years. This definition is consistent
with that used in previous legislation and statute.
c. Specify that the provisions of this bill shall
be enacted in conformance with existing provisions and
timelines suspending adoption of instructional
materials.
d. State that the materials submitted by
publishers shall be available in those formats during
the life of the adoption, and not just during the
submission period.
Arguments in support : The author states, "Under the system in
place, California K-8 and 9-12 school districts are mandated to
provide all students a hard copy of a textbook. Currently,
students who own their own e-readers do not have the option to
receive their texts on their personal e-reader devices. This
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has done a disservice to both school districts and students who
own these devices and would prefer to learn from them."
Arguments in opposition : The Association of California School
Administrators writes, "While we fully appreciate moving our
schools and students to a greater use of digital formats, we
cannot support basing purchase decisions on whether some
students own reader devices and some do not. We are concerned
that this creates the unintended consequence of more affluent
students having access to digital content and other students
left behind. We are also concerned that with the suspension of
all state funding for textbooks in hardbound and digital format,
AB 1790 forces purchases that may not meet the need of all
students. Current students with home devices will come in and
out of individual schools and grade levels as they move from
elementary to middle school to high school and then graduation.
Determining long term purchase decisions on the fluidity of
students with their own devices is not a prudent use of limited
local education funds and inhibits long term planning."
Previous legislation : AB 1398 (Blumenfield) Chapter 293,
Statutes of 2009, changes the definition of "technology-based
materials," for purposes of the instructional materials and
testing part of the Education Code, to specify that
technology-based materials do not include the electronic
equipment required to make use of those materials, unless that
equipment is to be used by pupils and teachers as a learning
resource; and provides that this definition does not relieve a
school district of the obligation to provide pupils with
sufficient textbooks as specified.
AB 2211 (Fuentes) Chapter 254, Statutes of 2010, amends the
definition of "sufficient textbooks or instructional materials"
to state that instructional materials may be in a digital format
as long as each pupil, at a minimum, has and can access the same
materials in the class and to take home, as all other pupils in
the same class or course in the district and has the ability to
use and access them at home.
AB 1010 (Pavley) of 2004 requires a publisher that makes basic
instructional materials available to a school district in a hard
copy format to also make instructional materials available in an
electronic multimedia format upon adoption of instructional
materials after January 1, 2005, by the State Board of Education
or by the governing board of a school district that maintains a
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high school. Makes these requirements operative January 1,
2007, and provides that a school district that purchases
instructional materials in an electronic multimedia format
pursuant to the bill shall comply with specified law governing
instructional materials. AB 1010 was vetoed by Governor
Schwarzenegger with the following veto message:
"While I support the idea of using an electronic multimedia
format, it is crucial that we remain focused on providing all
pupils with an actual textbook in core curricula areas. In
addition, I am concerned about the rising costs of textbooks and
this bill could create increased costs to the State in the form
of higher textbook costs for publishers to comply with the
electronic multimedia format requirement. Higher costs could
make it more difficult for schools to ensure that pupils have
adequate textbooks which was a cornerstone of the Williams v.
State of California settlement agreement."
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
Opposition
Association of California School Administrators
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087