Amended in Assembly June 25, 2013

Amended in Senate May 15, 2013

Amended in Senate May 2, 2013

Senate Bill No. 185

Introduced by Senator Walters

February 6, 2013

An act to begin delete add Sections 60063.3 and 60063.5 to end delete begin insert amend Section 60061 of, and to add Section 60063.5 to, end insert 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 authorize end delete begin insert specify that end insert school districts begin delete and end delete begin insert , end insert county offices of education begin insert , or charter schools are not restricted in their ability end insert to negotiate the price of standards-aligned instructional materials and supplemental begin insert instructional end insert materials in a printed or digital format begin insert if the negotiated price complies with certain requirements end insert . The bill would require instructional materials that are consistent with specific requirements of the Pupil Textbook and Instructional Materials Incentive Program Act 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.

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 60063.3 is added to the Education Code,
to read:

60063.3.  

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 delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 60061 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60061.  

(a) A publisher or manufacturer shall do all of the
following:

(1) Furnish the instructional materials offered by the publisher
at a price in this state that, including all costs of transportation to
that place, does not exceed the lowest price at which the publisher
offers those begin insert same end insert instructional materials for adoption or sale to
any begin insert other end insert state begin insert within, end insert or begin delete school district in end delete begin insert territory of, end insert the United
States.

(2) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made begin delete elsewhere end delete in begin insert end insert begin insert another state within, or territory of, end insert the United
States.

(3) Provide any instructional materials free of charge in this
state to the same extent as that received by any state or school
district in the United States.

(4) Guarantee that all copies of any instructional materials sold
in this state are at least equal in quality to the copies of those
instructional materials that are sold elsewhere in the United States,
and are kept revised, free from all errors, and up to date as may
be required by the state board.

(5) Not in any way, directly or indirectly, become associated or
connected with any combination in restraint of trade in instructional
materials, or enter into any understanding, agreement, or
combination to control prices or restrict competition in the sale of
instructional materials for use in this state.

(6) Maintain a representative, office, or depository in the State
of California or arrange with an independently owned and operated
depository in the State of California to receive and fill orders for
instructional materials.

(7) 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 disabilities or other disabilities that prevent use of
standard instructional materials. Computer files or other electronic
versions of materials adopted shall be provided within 30 days of
request by the state as needed for the purposes described in this
subdivision as follows:

(A) Computer files or other electronic versions of literary titles
shall maintain the structural integrity of the standard instructional
materials, be compatible with commonly used braille translation
and speech synthesis software, and include corrections and
revisions as may be necessary.

(B) Computer files or other electronic versions of nonliterary
titles, including science and mathematics, shall be provided when
technology is available to convert those materials to a format that
maintains the structural integrity of the standard instructional
materials and is compatible with braille translation and speech
synthesis software.

(b) Upon the willful failure of the publisher or manufacturer to
comply with the requirements of this section, the publisher or
manufacturer shall be liable to the governing board in the amount
of three times the total sum that the publisher or manufacturer was
paid in excess of the price required under paragraphs (1), (2), and
(5) of subdivision (a), and in the amount of three times the total
value of the instructional materials and services that the governing
board is entitled to receive free of charge under subdivision (a).

begin insert

(c) Nothing in this section shall be construed to restrict the
ability of a school district, county office of education, or charter
school within California to negotiate the price of standards-aligned
instructional materials and supplemental instructional materials
in either a printed or digital format if the negotiated price complies
with paragraphs (1) and (2) of subdivision (a).

end insert

SEC. 2.  

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

60063.5.  

(a) Instructional materials or supplemental
instructional materials that are consistent with the requirements
of Section 60119 shall be offered by a publisher or manufacturer
as unbundled elements to enable digital materials or printed
materials to be purchased separately from other components.

(b) Without violating any copyright law or contract between a
school district and a publisher or manufacturer, 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.