Amended in Assembly August 15, 2013

Amended in Senate May 15, 2013

Amended in Senate April 2, 2013

Senate Bill No. 682

Introduced by Senator Lara

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(Principal coauthor: Senator Block)

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(Principal coauthor: Assembly Member Garcia)

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(Coauthors: Senators Beall, Corbett, Correa, Evans, Hueso, Padilla, and Torres)

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(Coauthors: Assembly Members Fong, Levine, Logue, Morrell, Nestande, Olsen, V. Manuel Pérez, Waldron, Wilk, and Williams)

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February 22, 2013

begin delete An act to add Section 60053 to the Education Code, relating to instructional materials. end delete begin insert An act relating to the California State University, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 682, as amended, Lara. begin delete Instructional materials: digital versions. end delete begin insert California State University: student enrollment. end insert

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Existing law establishes the California State University, which is administered by the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Existing law authorizes the trustees to, by rule, require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to such persons, and requires the trustees to control and expend all money appropriated for the support and maintenance of the California State University.

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This bill would appropriate $22,000,000 to the California State University for purposes of enrolling additional students. The bill would express legislative intent that the appropriated funds be used for specified matters and would include legislative findings and declarations related to student enrollment.

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Existing law requires the State Board of Education and the governing board of each school district maintaining one or more high schools to adopt instructional materials for use in kindergarten and grades 1 to 8, inclusive, and high schools, respectively. Existing law authorizes the governing board of a school district to include relevant technology-based materials when adopting instructional materials for use in schools, if the materials are both available and comparable to other equivalent instructional materials.

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This bill would authorize the governing board of a school district to provide a digital version of an adopted instructional material to a pupil that may be downloaded onto an electronic device. The bill would provide that during the school year digital versions of an adopted instructional material may be provided to pupils in compliance with a specified court case settlement agreement. The bill would provide that at the end of the school year digital versions of an adopted instructional material supplied to pupils may be retained by those pupils provided that the retention of the digital version of an adopted instructional material does not violate any copyright law or contract between the school district and publisher or manufacturer.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Since the enactment of the 1960 Master Plan for Higher
Education, California’s system of public postsecondary education
has provided access to affordable, high-quality educational
opportunities that have fueled California’s economic growth and
promoted social mobility.

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(b) Since the 2007-08 fiscal year, California’s economic crisis
and resulting budget reductions have forced the California State
University to turn away tens of thousands of eligible students. For
the 2013-14 academic year, the California State University
estimates that as many as 30,000 eligible students will be denied
admission because the Budget Act of 2013 did not include adequate
funding for enrollment growth.

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(c) In the Budget Act of 2013, the Legislature strengthened its
commitment to college affordability for all needy students by
maintaining the Cal Grant Program awards and establishing the
Middle Class Scholarship Program to ensure that California’s
four-year public postsecondary institutions will continue to be
financially reasonable for families with annual household incomes
that do not exceed $150,000.

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(d) The Public Policy Institute of California projects that
California’s workforce will have one million fewer graduates than
it needs in 2025, and that increasing transfer rates from community
colleges to four-year postsecondary educational institutions would
dramatically reduce the education skills and workforce gaps.

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(e) With the historic passage of Senate Bill 1440 in the 2010-11
Regular Session, the state reaffirmed the importance of community
college transfers to the state and sought to increase the number
of students transferring from the California Community Colleges
to the California State University by establishing an associate
degree for transfer.

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(f) The California State University plays a critical role in
meeting the state’s workforce needs by annually awarding one-half
of all bachelor’s degrees in the state and graduating 100,000
students per year. Despite this substantial contribution to the
state’s workforce, the California State University can increase the
number of degrees awarded and graduating students if funding is
available to serve additional students.

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begin insert SEC. 2. end insert   

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(a) The sum of twenty-two million dollars
($22,000,000) is hereby appropriated from the General Fund to
the California State University for purposes of enrolling additional
students.

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(b) It is the intent of the Legislature that the appropriation made
in subdivision (a) be used to enroll community college transfer
students in the 2014 spring semester or quarter.

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(c) It is also the intent of the Legislature that the appropriation
made in subdivision (a) be made every year to provide access to
classes and support services for community college transfer
students and future students.

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SECTION 1.  

Section 60053 is added to the Education Code, to
read:

60053.  

(a) The governing board of a school district may
provide a digital version of an adopted instructional material to a
pupil that may be downloaded onto an electronic device.

(b) During the school year, digital versions of an adopted
instructional material may be provided to pupils in compliance
with the settlement agreement in the case of Williams v. State of
California (Case Number CGC-00-312236 of the Superior Court
for the County of San Francisco).At the end of the school year,
digital versions of an adopted instructional material supplied to
pupils pursuant to this section may be retained by those pupils
provided that the retention of the digital version of an adopted
instructional material does not violate any copyright law or contract
between the school district and publisher or manufacturer.

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