Amended in Senate May 2, 2013

Senate Bill No. 185

Introduced by Senator Walters

February 6, 2013

An act to add Sections begin delete 60063 end delete begin insert 60063.3 end insert and 60063.5 to the Education Code, relating to instructional materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 185, 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 begin delete 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 ensure that the printed instructional material is also available in an equivalent digital format during the entire term of the adoption. The bill would require a publisher or manufacturer that offers printed instructional materials in an equivalent digital format to offer the digital format at the same cost as, or lower cost than, the cost of the purchased printed format, and would require a publisher or manufacturer of printed supplemental instructional materials to offer the supplemental instructional materials in an equivalent digital format at the same cost as, 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. end delete begin insert authorize school districts and county offices of education to negotiate the price of standards-aligned instructional materials and supplemental materials in a printed or digital format. end insert The bill would require instructional materials to be offered by a publisher or manufacturer as unbundled elements. The bill also would 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. begin delete 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. end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 60063 is added to the Education Code,
to read:

60063.  

A publisher or manufacturer submitting a printed
instructional material for adoption by the state board pursuant to
Section 60200 or the governing board of a school district pursuant
to Section 60400 shall ensure that the printed instructional material
is also available in an equivalent digital format during the entire
term of the adoption.

end delete

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 60063.3 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 60063.3. end insert   

Notwithstanding paragraph (1) of subdivision (a) of
Section 60061, school districts and county offices of education
may negotiate the price of standards-aligned instructional
materials and supplemental materials in either a printed or digital
format.

end insert

SEC. 2.  

Section 60063.5 is added to the Education Code, to
read:

begin delete

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 cost
as, 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
cost as, 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.

(d)

end delete

begin insert

begin insert 60063.5. end insert   

end insert

begin insert (a) end insert  Instructional materials or supplemental
instructional materials shall be offered by a publisher or
manufacturer as unbundled elements to enable begin delete the end delete digital material
or printed materials to be purchased separately from other
components.

begin delete

(e)

end delete

begin insert (b) end insert  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.

begin delete

(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.

end delete