BILL NUMBER: SB 1154	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2012
	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 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 or other disabilities that prevent use of
standard instructional materials.
   This bill would require a publisher or manufacturer submitting 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 printed and   an
 equivalent digital  formats   format at a
lower cost than the cost of the purchased printed format  , and
 would require a publisher or manufacturer of printed
supplemental instructional materials approved by the state board or
the governing board of a school district to, among other things,
offer the supplemental instructional materials in an equivalent
digital format at a lower cost than the cost of the purchased printed
format. The bill would, if the publisher or manufacturer cannot
obtain copyright due to a 3rd-party contract conflict, authorize an
equivalent digital format to be substituted with comparable digital
materials, as specified. The bill also would require a publisher or
manufacturer  to  provide   offer  to
a school district  , at no cost,  an equivalent
digital format of  a textbook   instructional
material  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
  , as specified  . 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
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 60064 is added to the 
 Education Code   , to read:  
   60064.  (a) A publisher or manufacturer submitting a printed
instructional material for adoption by the state board or the
governing board of a school district shall offer the instructional
material in an equivalent digital format, at a lower cost than the
cost of the purchased printed format.
   (b) A publisher or manufacturer of printed supplemental
instructional materials approved by the state board or the governing
board of a school district shall offer the printed supplemental
instructional materials in an equivalent digital format, at a lower
cost than the cost of the purchased printed format.
   (c) For purposes of this section, if a publisher or manufacturer
cannot obtain copyright due to a third-party contract conflict, an
equivalent digital format may be substituted with comparable digital
material when adopting instructional materials as follows:
   (1) For kindergarten to grade 8, inclusive, the state board may
review and approve substitutions to ensure alignment with the
pertinent state subject matter content standards.
   (2) For grades 9 to 12, inclusive, the governing board of a school
district may review and approve substitutions to ensure alignment
with the pertinent state subject matter content standards.
   (d) Instructional material or supplemental instructional materials
shall be offered by a publisher or manufacturer as unbundled
elements to enable the digital material or printed material to be
purchased separately from other components.
   (e) A publisher or manufacturer that submits printed instructional
material for adoption or approval by the state board or the
governing board of a school district shall offer the school district
an equivalent digital format of the instructional material that was
purchased in print format which may be used by the school district to
create a districtwide online digital database for classroom use.
   (1) A school district shall not be prevented from entering into an
agreement to create a districtwide online digital database with the
publisher of the instructional materials, or a third party approved
by the publisher, for classroom or individual pupil use if the school
district implements an online security system that is mutually
agreed on by the publisher and the school district.
   (2) A purchase agreement entered into pursuant to paragraph (1)
may include, but is not limited to, a description of reasonable
security measures that may include, but are not limited to, the use
of a login identification and password to protect and control access
to online material and a description of any licensing agreements for
access to online material, if applicable.
   (f) The instructional material or supplemental instructional
material shall be available in both printed and digital formats for
the duration of the adoption.
   (g) (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.
   (h) 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.).
   (i) This section shall be implemented in accordance with the
suspension of the instructional material adoption process pursuant to
Section 60200.7.
   (j) 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.  
  SECTION 1.    Section 60064 is added to the
Education Code, to read:
   60064.  (a) A publisher or manufacturer submitting 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 a printed and an equivalent digital format.
   (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.
   (3) Provide to a school district, at no cost, an equivalent
digital format of a 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.
   (b) The instructional material or supplemental instructional
material shall be available in both printed and digital formats for
the duration of the adoption.
   (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.
   (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.