BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1154|
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THIRD READING
Bill No: SB 1154
Author: Walters (R), et al.
Amended: 5/2/12
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/25/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SUBJECT : K-12 instructional materials: digital format
SOURCE : Author
DIGEST : This bill (1) requires publishers or
manufacturer 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, (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 three years, and (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.
ANALYSIS : Existing law requires publishers to adhere to
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several requirements when submitting instructional
materials to the State Board of Education (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.
Existing 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.
Existing 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.
Existing law authorizes school districts to use
Instructional Materials Funding Realignment Program 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 two sets of materials. The Instructional
Materials Funding Realignment Program sunsets July 1, 2013.
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For purposes of the Williams settlement (Williams v.
California), existing 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.
Existing 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.
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 SBE or the governing board
of a school district to do all of the following:
A. Offer the instructional material or supplemental
instrumental material in both printed and an
equivalent digital format.
B. Offer the digital material and supplementals as
unbundled elements, to enable the digital material to
be purchased in sections or components.
C. Provide to a school district, at no cost, an
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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.
D. The instructional material or supplemental
instructional material shall be available in both
printed and digital formats for the duration of the
adoption.
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
three 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.
Background
School districts are required to provide instructional
materials adopted by the 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).
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), Chapter 623, Statutes of 2011, required
the CDE, on a one-time basis, to develop a list of
supplemental instructional materials that are aligned with
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California's common core standards to bridge the gap
between existing instructional materials and the new common
core standards.
Comments
Local negotiations . School districts must provide to
pupils in grades K-8 instructional materials that have been
adopted by the 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.
Current review of instructional materials . Existing law
prohibits the SBE from adopting instructional materials
until the 2015-16 school year. Notwithstanding that
prohibition, existing law requires the CDE to develop a
list of supplemental instructional materials that are
aligned to the common core standards (in English language
arts and mathematics). 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.
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).
Existing digital format of supplemental materials . The
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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.
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.
Existing 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/2/12)
Association of California School Administrators
Association of Suburban School Districts
California School Boards Association
Children Now
San Francisco Unified School District
OPPOSITION : (Verified 5/2/12)
Association of American Publishers
ARGUMENTS IN SUPPORT : Supporters argue this bill will
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require publishers who sell state adopted instructional
materials to offer those materials in an equivalent digital
format. This bill allows school districts to obtain an
equivalent digital format of purchased print textbooks at
no cost in order to create a district-wide online data base
for classroom use. If school districts do decide to offer
this type of online access for their students and teachers,
they would be required to develop a security system to
ensure that the publisher's copyright material is
protected. This bill also ensures that school districts
have the right to purchase "unbundled" materials which
means they do not have to buy all components of a program
packaged by a publisher but could purchase only those
components they really need.
ARGUMENTS IN OPPOSITION : Opponent argues that generally
this bill will allow unlimited use and reproduction of all
state-adopted instructional content, without compensation
to the publishers, authors, or third-party contributors and
without regard to legal limitations on content licensed
from others.
PQ:kc 5/2/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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