BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1154
AUTHOR: Walters
AMENDED: April 11, 2012
FISCAL COMM: No HEARING DATE: April 25, 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 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.
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)
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Current law requires publishers to adhere to several
requirements when submitting instructional materials to
the 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 July 1, 2013. (EC �
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60422.1)
For purposes of the Williams settlement, current law
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 an equivalent digital format,
offer unbundled instructional material, and provide to
school districts a free digital format for classroom use
through a district-based digital library. Specifically,
this bill:
1) Requires a publisher or manufacturer submitting an
instructional material or supplemental instructional
material for adoption by the State Board of Education
(SBE) or the governing board of a school district to
do all of the following:
a) Offer the instructional material
in both print and an equivalent digital format.
b) Offer the supplemental
instructional material in both print and a
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digital format.
c) Offer the digital material and
supplementals as unbundled elements, to enable
the digital material to be purchased in sections
or components.
d) Provide to a school district, at
no cost, an equivalent digital format of a
purchased print textbook that 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.
2) Exempts small publishers, defined as an independently
owned or operated publisher that, together with its
affiliates, as 100 or fewer employees and average
annual gross receipts of $10 million or less over the
previous 3 years.
3) States that this bill does not authorize the use of
instructional materials that would constitute an
infringement of copyright under the federal Copyright
Revision Act of 1976.
STAFF COMMENTS
1) Need for the bill . According to the author, "Schools
must be empowered to negotiate for the digital
materials they require, and under the current,
antiquated system, the textbook industry offers
little purchasing power to schools to provide
materials in the form that best fits the needs of
each school. SB 1154 seeks to address both the
technology gap and problems often experienced by
school districts negotiating with textbook companies
by empowering the districts to implement digital
textbooks in the classroom by ensuring that
instructional materials are offered in a digital
format. SB 1154 also seeks to eliminate the problem
of bundling from continuing in negotiations for
digital instructional materials by allowing schools
to purchase instructional materials separately, and
supplemental material in segments, which would be
made possible with the new digital format."
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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 publisher offers a print
version.
4) Current review of instructional materials . Current
law prohibits the SBE from adopting instructional
materials until the 2015-16 school year.
Notwithstanding that prohibition, current law
requires the California Department of Education (CDE)
to develop a list of supplemental instructional
materials that are aligned to the common core
standards (in English language arts and mathematics).
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The CDE is currently implementing this process, and
publishers will soon submit supplemental
instructional materials for review and consideration
for inclusion on the list of approved materials.
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) 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).
7) Existing digital format of supplemental materials .
The California Learning Resource Network (CLRN) is a
multi-county office of education collaborative that
reviews digital supplemental instructional materials
and makes those materials available online. CLRN
uses evaluation criteria adopted by the SBE covering
legal compliance, standards alignment and minimum
requirements. CLRN only reviews and approves digital
supplemental materials; these materials are not
adopted by the SBE. While school districts may
currently access digital supplemental materials
through CLRN, this bill seeks to expand the pool of
digital materials to include digital formats of basic
instructional materials and provide all print
supplementals available in digital format.
8) Free digital format for district digital database .
This bill requires publishers to provide, at no cost,
a digital format of a purchased print textbook that
may be used to create a districtwide online digital
database for classroom use. This bill seeks to allow
districts to share instructional resources throughout
schools in the district, as well as with schools that
may be within the boundaries of another district.
While districts would purchase a print version, this
bill requires the publisher to provide a digital
format of the print text at no cost. This bill
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requires the district to implement a system of online
security to ensure the protection of
copyright-protected material. This bill does not
prohibit a district from charging a fee to schools
for access to the digital format.
9) Unbundled materials . School districts serving pupils
in grades K-8 are required to purchase instructional
materials that have been adopted by the SBE. Some
districts believe that publishers offer instructional
materials in bundles (textbook, workbook, CD and
other ancillary materials) to ensure districts buy
the entire package; districts are required to
purchase materials based on the SBE's adoption list
(K-8) which may have a very limited selection.
Current law does not require publishers to offer
instructional materials individually (a la carte).
This bill requires publishers to offer digital
materials as separate components, enabling districts
to purchase only the materials that meet their needs.
10) Technical amendments needed . Supplemental
instructional materials are not adopted by the SBE.
With regard to supplemental materials, amendments
should reflect that supplemental materials may be
approved but not adopted by the SBE. (Page 2, line
5)
Ensure all references to digital formats specify that the
digital format is to be equivalent to the print
version. (Page 2, line 10)
Specify that the provisions of this bill shall be enacted
in conformance with existing provisions and timelines
that suspended the adoption of instructional
materials (to clarify that submissions to the SBE are
to be done during the regular submission cycle).
State that the materials submitted by publishers shall be
available in print and digital formats during the
life of the adoption (not just during the submission
period).
11) Related legislation . AB 1790 (Hagman) requires
publishers to ensure that instructional materials are
offered in both print and digital formats. AB 1790
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is pending on the Assembly Floor.
12) 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
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 California School Administrators
Association of Suburban School Districts
California School Boards Association
Children Now
San Francisco Unified School District
OPPOSITION
None on file.