BILL ANALYSIS �
SB 185
Page 1
SENATE THIRD READING
SB 185 (Walters)
As Amended June 25, 2013
Majority vote
SENATE VOTE :34-0
EDUCATION 7-0
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|Ayes:|Buchanan, Olsen, Ch�vez, | | |
| |Gonzalez, Nazarian, | | |
| |Weber, Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes changes to the requirements for the adoption of
instructional materials by school districts and county offices
of education. Specifically this bill :
1)Permits charter schools, 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)Requires publishers to offer digital and printed instructional
materials in an unbundled format to allow a school district or
county office of education to purchase each component of the
instructional program separately.
3)Specifies that a school district may use instructional
materials in digital format that were purchased by the school
district 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.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Pursuant to its constitutional duty, the State Board
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of Education (SBE) adopts instructional materials for use in
grades K-8 within California's public schools using a
statutorily and regulatory dictated process. School districts
and county offices of education are permitted to adopt
instructional materials not adopted by the SBE so long as the
district or county office reviews the materials to ensure
alignment with the SBE adopted academic content standards.
Price negotiation : This bill permits a charter school, school
district, or county office of education to negotiate the price
of standards-aligned instructional materials and supplemental
materials in either a printed or digital format so long as no
price is higher than that offered in another state in or
territory of the United States. Even if a charter school,
school district, or county office of education purchases
instructional materials adopted by the SBE, districts and county
offices purchase these instructional materials directly from the
publishers. The SBE adopts the price of materials at the time
of adoption of the instructional materials and maintains an
online price list of adopted instructional materials for K-8.
Prices are fixed for a two-year period and may be adjusted
biennially. Currently, every charter school, school district,
and county office of education pays the same price for K-8
instructional materials that are adopted by the SBE.
Unbundled components : This bill requires instructional
materials to be offered as unbundled elements to enable
materials to be purchased separately from other components.
School districts have argued that oftentimes the options for K-8
instructional materials come in bundled programs, which in some
cases results in very high prices of instructional materials.
Some districts do not always use or need all of the elements in
the bundled program, yet they have to purchase the entire
package. According to the California Department of Education
(CDE), materials are already unbundled as publishers are able to
sell any part of their program and do so already. To the extent
unbundling is already existing practice, this bill codifies that
practice.
Digital database : This bill permits a school district that has
purchased instructional materials in digital format 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. Given the
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permissive nature of the Education Code, and the fact that
nothing in current law would prohibit a district from entering
into such a contract, this provision is not necessary to permit
the school district from taking these actions, but is instead
aimed at encouraging the publishers and manufacturers to agree
to such a system.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
FN: 0001314