BILL NUMBER: SB 1154 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 5, 2012
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 60063.5
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 for adoption by the state
board or the governing board of a school district to, among other
things, offer the that offers printed
instructional material materials in an
equivalent digital format to offer the digital format at
a the same or 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 the same or 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 offer to
a school district an equivalent digital format of instructional
material that was purchased in a printed format, which may be used
authorize a school district to use
instructional materials in digital format that were purchased by the
school district to create a districtwide online digital
database for classroom use, 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.
The bill would become operative only if AB 1790 of the 2011-12
Regular Session is enacted.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60063.5 is added to the
Education Code , to read:
60063.5. (a) If a publisher or manufacturer offers printed
instructional materials in an equivalent digital format pursuant to
Section 60063, the digital format shall be offered at the same or
lower cost than the cost of the purchased printed format.
(b) A publisher or manufacturer of printed supplemental
instructional materials shall offer the printed supplemental
instructional materials in an equivalent digital format, at the same
or 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 materials or supplemental instructional
materials shall be offered by a publisher or manufacturer as
unbundled elements to enable the digital material or printed
materials to be purchased separately from other components.
(e) A school district may use instructional materials in digital
format that were purchased by the school district to create a
districtwide online digital database for classroom use consistent
with an online security system that is mutually agreed on by the
publisher and the school district.
(f) (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.
(g) 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.).
(h) This section shall be implemented in accordance with the
suspension of the instructional materials adoption process pursuant
to Section 60200.7.
(i) This section does not require a publisher or manufacturer that
submits instructional materials 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
materials in digital format.
(j) This section shall become operative only if Assembly Bill 1790
of the 2011-12 Regular Session is also enacted and takes effect.
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.