BILL NUMBER: SB 1154	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 2, 2012
	AMENDED IN SENATE  APRIL 11, 2012

INTRODUCED BY   Senator Walters
    (   Coauthors:   Senators  
Alquist   and Lowenthal   ) 

                        FEBRUARY 21, 2012

   An act to add Section  60063   60064  to
the Education Code, relating to instructional materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1154, as amended, Walters. Instructional materials: digital
format.
   Existing law requires the State Board of Education to adopt at
least 5 basic instructional materials in specified subject areas for
use in kindergarten and grades 1 to 8, inclusive, for district
boards, as defined. Existing law also requires the governing board of
each school district maintaining one or more high schools to adopt
instructional materials that meet specified criteria for use in the
high schools under its control.  Existing law prohibits the state
board from adopting instructional materials until the 2015- 
 16 school year. 
   Existing law requires a publisher or manufacturer of instructional
materials to 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 if the publisher does not offer a
large print edition, recordings, American Sign Language videos for
the deaf, or other specialized accessible media exclusively for use
by pupils with visual  disabilities  or other
disabilities that prevent use of standard instructional materials.
   This bill would require a publisher or manufacturer submitting
 an   a printed  instructional material or
supplemental instructional material for adoption by the state board
or the governing board of a school district to, among other things,
offer the instructional material  or supplemental instructional
material  in both  print   printed 
and equivalent digital formats, and to provide to a school district,
at no cost, an equivalent digital format of a  purchased
print  textbook that  was purchased in a printed format,
which  may be used to create a districtwide online digital
database for classroom use  ,  if the school
district implements a system of online security to ensure the
protection of copyright-protected material.  The bill would
further require that the instructional material or supplemental
instructional material be available in both printed and digital
formats for the duration of the adoption.  The bill would exempt
from these requirements small publishers and small manufacturers of
instructional materials, as defined , and would specify that
these provisions be implemented in accordance with specified
provisions suspending the adoption of instructional materials by the
state board  .
   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   60064  is
added to the Education Code, to read:
    60063.   60064.   (a) A publisher or
manufacturer submitting  an   a printed 
instructional material or supplemental instructional material for
 approval or  adoption by the state board or the governing
board of a school district shall do all of the following:
   (1) Offer the instructional material  or supplemental
instructional material  in both  print   a
printed  and an equivalent digital format. 
   (2) Offer the supplemental instructional material in both printand
a digital format.  
   (3) 
    (2)  Offer the digital instructional material or
supplemental instructional material as unbundled elements, to enable
the digital material to be purchased in sections or components.

   (4) 
    (3)  Provide to a school district, at no cost, an
equivalent digital format of a  purchased print 
textbook that  was pu   rchased in a printed format,
which  may be used to create a districtwide online digital
database for classroom use  ,  if the school
district implements a system of online security to ensure the
protection of copyright-protected material. 
   (b) The instructional material or supplemental instructional
material shall be available in both printed and digital formats for
the duration of the adoption.  
   (b) 
    (c)  (1) The requirements of this section shall not
apply to a small publisher or small manufacturer of instructional
materials.
   (2) For purposes of this subdivision, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer, that, together with its affiliates, has 100 or fewer
employees and average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years. 
   (c) 
    (d)  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.). 
   (e) This section shall be implemented in accordance with the
suspension of the textbook adoption process pursuant to Section
60200.7.