BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1154|
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UNFINISHED BUSINESS
Bill No: SB 1154
Author: Walters (R), et al.
Amended: 8/20/12
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
SENATE FLOOR : 33-0, 5/25/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Harman, Hernandez, Huff, La Malfa,
Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Rubio, Steinberg, Vargas, Walters, Wolk,
Wright, Yee
NO VOTE RECORDED: Calderon, Hancock, Kehoe, Runner,
Simitian, Strickland, Wyland
ASSEMBLY FLOOR : Not available
SUBJECT : K-12 instructional materials: digital format
SOURCE : Association of California School Administrators
DIGEST : This bill requires a publisher or manufacturer
that offers equivalent digital formats of printed
instructional materials to offer the digital formats at the
same cost as or lower cost than, the cost of the purchased
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printed format.
Assembly Amendments (1) remove fiscal language, (2)
clarified language relating to the database option for
schools, (3) make the provisions of this bill contingent on
the enactment of AB 1790 (Hagman), and (4) make various
technical changes.
ANALYSIS : Existing law requires publishers to adhere to
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.
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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.
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:
1. Requires a publisher or manufacturer of printed
supplemental instructional materials to offer the
printed supplemental instructional materials in an
equivalent digital format, at the same cost as or a
lower cost than, the cost of the purchased printed
format.
2. Provides that if a publisher or manufacturer cannot
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obtain copyright due to a third-party contract conflict,
an equivalent digital format may be substituted with
comparable digital material when adopting instructional
materials.
3. Requires instructional material or supplemental
instructional materials to 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.
4. Authorizes a school district to use instructional
materials that were purchased by the district in digital
formats to create a district-wide online digital
database for classroom use consistent with an online
security system that is mutually agreed on by the
publisher and the school district.
5. Exempts small publishers and small manufacturers of
instructional materials from the provisions of this bill
and defines "small publisher" and "small manufacturer"
as an independently owned or operated publisher or
manufacturer that, together with its affiliates, has 100
or fewer employees and average annual gross receipts of
$10 million or less over the previous three years.
6. Provides 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.
7. Requires this bill to be implemented in accordance with
the suspension of the instructional material adoption
process pursuant to current law.
8. States that this bill does not require a publisher or
manufacturer that submits an instructional material in
digital format only to offer or submit an equivalent
print version of the instructional material in digital
format.
9. Makes the provisions of this bill contingent on the
enactment of AB 1790 (Hagman) of the 2011-12 Regular
Session.
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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
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,
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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
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.
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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
According to the Assembly Appropriations Committee, this
bill may result in local school district General
Fund/Proposition 98 savings if districts choose to take
advantage of the "unbundling" provisions in this bill
(i.e., only buying certain components of instructional
material programs). It is unclear if there will be savings
to districts that choose to predominantly purchase digital
instructional materials instead of materials in the printed
format.
SUPPORT : (Verified 5/24/12) (Unable to reverify at time
of writing)
Association of California School Administrators (source)
Association of Suburban School Districts
California School Boards Association
Children Now
San Francisco Unified School District
ARGUMENTS IN SUPPORT : According to the author, "The
digitization of education is sweeping through America, as
more school districts are implementing technology and
seeing remarkable results. Florida, Maine, Washington,
Utah, and Alabama have all passed measures to make digital
textbooks a reality in public schools. Yet, it is a
widespread
disappointment that Californian schools are not fully
grasping the technological opportunities."
PQ:m 8/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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