BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 185
AUTHOR: Walters
AMENDED: May 2, 2013
FISCAL COMM: No HEARING DATE: May 8, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Instructional materials.
SUMMARY
This bill authorizes school districts to negotiate the
price of instructional materials, requires publishers to
offer instructional materials as unbundled elements, and
authorizes school districts to create a districtwide online
digital database of instructional materials.
BACKGROUND
School districts are required to provide instructional
materials adopted by the State Board of Education (SBE) to
pupils in grades K-8, or standards aligned materials that
have not been adopted by the SBE (see next paragraph).
School districts adopt materials for use in high schools.
The SBE is prohibited from adopting instructional materials
(other than specified materials related to the common core
standards) until the 2015-16 school year (due to budget
constraints). (Education Code � 60200, � 60200.7 and �
60400)
Current law authorizes school districts to use
instructional materials that are aligned with the academic
content standards (original standards or common core
standards), including instructional materials that have not
been adopted by the SBE. A district that chooses to use
instructional materials that have not been adopted by the
SBE must ensure that a majority of participants of a review
process are classroom teachers who are assigned to the
subject area or grade level of the materials. (EC � 60210)
Current law requires publishers to adhere to several
requirements when submitting instructional materials to the
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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)
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. (EC � 60119)
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
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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 authorizes school districts to negotiate the
price of instructional materials, requires publishers to
offer instructional materials as unbundled elements, and
authorizes school districts to create a districtwide online
digital database of instructional materials. Specifically,
this bill:
1) Authorizes school districts and county offices of
education to negotiate the price of standards-aligned
instructional materials and supplemental materials in
either a printed or digital format.
2) Authorizes school districts to 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.
3) Requires publishers to offer instructional materials
or supplemental materials as unbundled elements to
enable the digital material or printed materials to be
purchased separately from other components.
STAFF COMMENTS
1) Need for the bill . According to the author,
"California's current economic situation has resulted
in many school districts being unable to afford new
hardcopy textbooks for their students. Additionally,
public schools are not able to seize the opportunity
presented by these new technologies, which are the
future of education, due to California's fiscal
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situation and the rigidity of California's
instructional materials market model. Currently, many
textbook publishers only offer educational materials
in bundled formats. For example, a textbook, workbook
and CD-ROM may come together in one bundle.
Therefore, when purchasing needed materials, schools
districts must often purchase other materials they
never intend to use."
2) Price of state-adopted materials . The State Board of
Education (SBE) adopts K-8 instructional materials
while school districts adopt instructional materials
for grades 9-12. Until recently, school districts
were required to purchase K-8 instructional materials
from the list of materials adopted by the SBE.
Beginning January 1, 2013, school districts may choose
to purchase instructional materials that are aligned
to the academic content standards but not adopted by
the SBE.
Publishers of instructional materials are required to
submit initial prices for K-8 instructional materials
submitted by the publisher to the State Board of
Education (SBE) for consideration for adoption. The
SBE adopts the price of materials at the time of
adoption of the instructional materials. Prices
remain in effect for two years, although publishers
may reduce the price at any time during the two year
cycle. Publishers may submit revisions to price
schedules biennially. The list of SBE adopted
materials, including prices, is available on the
California Department of Education's website:
http://www3.cde.ca.gov/impricelist/implsearch.aspx
Supplemental instructional materials are approved but
not adopted by the SBE. The price of supplemental
materials is not set by the SBE; districts negotiate
directly with publishers for the purchase of
supplemental instructional materials.
This bill authorizes school districts and county
offices of education to negotiate the price of
standards-aligned instructional materials and
supplemental materials in either a printed or digital
format. Currently, every school district and county
office of education pays the same price for K-8
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instructional materials that are adopted by the SBE.
This bill would make the price determined by the SBE
the ceiling, and allow districts to negotiate a lower
price. This could lead to situations where some
districts pay more than others for the same
instructional materials, thereby disrupting the
currently level playing field. However, districts
would not pay a higher price than they are currently
paying, and some could pay less (some winners but no
losers).
School districts that choose to use standards-aligned
instructional materials that are not adopted by the
SBE negotiate price directly with publishers.
Allowing districts to negotiate the price of SBE
adopted materials is generally consistent.
3) Digital database . This bill authorizes school
districts to use digital materials purchased by the
district to create a districtwide online digital
database for classroom use, and requires the use of
the materials to be consistent with an online security
system that is mutually agreed upon by the publisher
and the school district. This bill does not prohibit
publishers from charging a fee to districts for access
to the material, nor does this bill prohibit a
district from charging a fee to schools for access to
the materials. Staff recommends an amendment to
specify that use of materials through the districtwide
database shall not violate any contract or copyright
laws.
4) Unbundled materials . This bill requires publishers to
offer instructional materials as unbundled elements to
enable digital materials or printed materials to be
purchased separately from other components. This bill
does not require publishers to offer materials at no
cost, nor does current law require publishers to offer
instructional materials individually (a la carte).
Some districts believe that publishers offer
instructional materials in bundles (textbook,
workbook, CD and other ancillary materials) to ensure
districts buy the entire package. Staff recommends an
amendment to include a cross-reference to the
requirement that districts provide sufficient
instructional materials, pursuant to the Williams
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settlement.
5) Related legislation . AB 133 (Hagman) requires a
publisher submitting printed instructional material
for adoption by the SBE or the governing board of a
school district to ensure that the printed
instructional material is also available in digital
format, during the entire term of the adoption.
AB 133 is pending in this Committee.
SB 682 (Lara) authorizes school districts to provide a
digital version of instructional materials to students
that may be downloaded onto an electronic device, and
allows students to keep the digital materials beyond
the end of the school year. SB 682 is scheduled to be
heard by this Committee on May 8, 2013.
6) Prior legislation . SB 1154 (Walters, 2012) would have
required equivalent digital formats to be offered at
the same or lower cost than print materials, required
publishers to offer unbundled instructional materials,
and authorized districts to use digital materials for
classroom use through a district-based digital
library. SB 1154 was vetoed by the Governor, whose
veto message read:
Providing on-line instructional materials and
coursework to pupils in California is an
educational goal that I very much share.
This bill, however, does not accomplish that
goal. Instead, it puts unrealistic requirements
on California's businesses that will lead to
increased costs of instructional materials.
AB 1790 (Hagman, 2012) would have required publishers
to ensure that instructional materials are offered in
both print and digital formats.
AB 1790 was vetoed by the Governor, whose veto message
read:
This bill would require textbook publishers to
produce digital "equivalent" versions of printed
instructional materials submitted for adoption by
the State Board of Education or by local school
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districts.
This bill is contingent on the enactment of
Senate Bill 1154, which I vetoed. As a
consequence, this bill cannot become operative.
SUPPORT
Association of California School Administrators
San Francisco Unified School District
OPPOSITION
Association of American Publishers