BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 1790
AUTHOR: Hagman
AMENDED: April 10, 2012
FISCAL COMM: No HEARING DATE: June 13, 2012
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : K-12 instructional materials: digital format.
SUMMARY
This bill requires publishers to offer instructional
materials in both print and digital formats.
BACKGROUND
School districts are required to provide instructional
materials adopted by the State Board of Education (SBE) to
pupils in grades K-8. School districts adopt materials for
use in high schools. The SBE is prohibited from adopting
instructional materials until the 2015-16 school year (due
to budget constraints). (Education Code � 60200, 60200.7 &
60400)
The SBE adopted common core standards in English language
arts and mathematics on August 2, 2010, but is prohibited
from developing frameworks or adopting instructional
materials until the 2015-16 school year. A full adoption
of basic instructional materials is time-consuming and
costly. Schools are using instructional materials that
were adopted several years ago yet are expected to provide
instruction on the new common core standards.
SB 140 (Lowenthal, Ch. 623, 2011) required the California
Department of Education (CDE), on a one-time basis, to
develop a list of supplemental instructional materials that
are aligned with California's common core standards to
bridge the gap between existing instructional materials and
the new common core standards. (EC � 60605.86)
Current law requires publishers to adhere to several
requirements when submitting instructional materials to the
AB 1790
Page 2
SBE for consideration, and well as in the provision of
those materials to school districts, including:
1) Furnish the materials at a price that does not exceed
the lowest price sold in the United States.
2) Provide any materials free of charge to the same
extent as received by any state.
3) Provide to the state, at no cost, computer files or
other electronic versions of each state-adopted
literary title and the right to transcribe, reproduce,
modify and distribute the material in Braille, large
print, recordings, American Sign Language videos or
other specialized media exclusively for use by pupils
with visual disabilities. (EC � 60061 & 60220)
Current law requires the California Department of Education
(CDE) to establish a pilot program of 12 schools to request
publishers make instructional materials in electronic
multimedia format available for purchase. Participating
schools are required to provide to pupils the hardware
necessary to use the electronic materials, or print
materials to pupils who do not have access to the hardware.
No schools elected to participate in this pilot program.
(EC � 60051)
Current law authorizes school districts to include relevant
technology-based materials when adopting instructional
materials if the materials are both available and
comparable to other, equivalent instructional materials.
(EC � 60052)
Current law authorizes school districts to use
Instructional Materials Realignment funding to purchase
state-adopted instructional materials for pupils in grades
K-8, and standards-aligned materials for pupils in grades
9-12, in an electronic or hardbound format if it can ensure
that each pupil will be provided with a copy of the
instructional materials to use at school and at home. This
specifically does not require school districts to purchase
2 sets of materials. The Instructional Materials
Realignment funding program sunsets on July 1, 2013. (EC �
60422.1)
For purposes of the Williams settlement, current law
AB 1790
Page 3
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. 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. (EC � 60119)
Current law requires, by January 1, 2020, publishers of any
textbook offered for sale at the University of California,
California State University, the California Community
Colleges, or a private university in the state, to the
extent practicable, make the textbooks available (in whole
or part) for sale in an electronic format. The electronic
version must contain the same content as the printed
version and may be copyright-protected. (EC � 66410)
ANALYSIS
This bill requires publishers to offer instructional
materials in both print and digital formats. Specifically,
this bill:
1) Requires a publisher or manufacturer submitting an
instructional material for adoption by the State Board
of Education 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.
2) Specifies that this bill does not authorize the use of
instructional materials that would constitute an
infringement of copyright under the federal Copyright
Revision Act.
3) States that this bill applies only to instructional
material adoptions that occur after the inoperative
date of existing law relative to the timeframe in
which school districts must provide to pupils
instructional materials following adoption of those
materials by the SBE (July 1, 2015).
AB 1790
Page 4
STAFF COMMENTS
1) Need for the bill . According to the author,
"Currently, California K-8 and 9-12 school districts
are mandated to provide all students a hard copy of
the learning material, which has traditionally been in
the form of textbooks. Recently, the advent of
e-readers have allowed these texts to be published
digitally and applied to an e-reader, giving students
a new medium to receive the material. AB 1790 will
guarantee that if a school district decides to go to a
digital medium, publishers will be ready to provide
the materials in this format."
2) Local negotiations . School districts must provide to
pupils in grades K-8 instructional materials that have
been adopted by the State Board of Education (SBE).
School districts must provide to pupils in grades 9-12
instructional materials that are aligned to the
standards; SBE does not adopt instructional materials
for grades 9-12. Publishers of instructional
materials that have been adopted by the SBE negotiate
directly with school districts with regard to exactly
which adopted materials the district will purchase
(print textbooks, materials for English learners,
ancillary materials, and the format desired). School
districts have some ability to negotiate the price of
materials but publishers are prohibited from charging
a fee that is higher than charged for the same
material in any other state. While school districts
currently have the authority to request digital
formats and negotiate with publishers, publishers are
not required to disclose all available options nor are
publishers required to offer materials in any format
other than print versions.
3) Both print and digital format . This bill requires
textbook publishers to offer both print and an
equivalent digital format of instructional materials.
This bill does not prohibit publishers from charging a
fee for the digital format. It is possible that a
publisher offers an instructional item only in digital
format. This bill would in effect require that
publisher to produce a print version of that material.
Staff recommends an amendment to instead require
publishers to offer a digital format only if the
AB 1790
Page 5
publisher offers a print version.
4) Existing digital format of basic instructional
materials . The SBE has adopted some instructional
materials in digital formats, but those materials are
generally associated with a print textbook, and are
only for basic instructional materials (not
supplementals). This bill applies to basic materials
(with respect to grades K-8), as the bill references
instructional materials that are adopted (rather than
approved). Supplemental instructional materials are
not adopted by the SBE. School districts adopt basic
materials for grades 9-12 and supplemental materials
for grades K-12.
5) No requirement to purchase . This bill does not
require school districts to purchase instructional
materials in any specific format, nor does this bill
reinstate the requirement that school districts
purchase materials within a specific timeframe
subsequent to adoption by the SBE.
6) Technical amendment needed . This bill provides that
its provisions apply only to instructional materials
adoptions that occur after the inoperative date of
existing law relative to the timeframe in which school
districts must provide to pupils instructional
materials following adoption of those materials by the
SBE. The cross reference should be to the section of
law related to the suspension of the process for the
adoption of instructional materials (Education Code
Section 60200.7 rather than 60049).
7) Related legislation . SB 1154 (Walters) requires
publishers to offer instructional materials in both
print and an equivalent digital format, offer
unbundled instructional materials, and provide to
school districts a free digital format for classroom
use through a district-based digital library. SB 1154
is pending in the Assembly Education Committee.
8) Prior legislation . AB 1010 (Pavley, 2004) would have
required, beginning January 1, 2007, a publisher that
makes basic instructional materials available to a
school district in a hard copy format to also make
AB 1790
Page 6
instructional materials available in an electronic
multimedia format. 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.
SUPPORT
Association of American Publishers
Association of California School Administrators
California Communities United Institute
OPPOSITION
None on file.