BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 682
AUTHOR: Lara
AMENDED: April 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 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.
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 SBE
for consideration, as well as in providing those materials to
school districts, including:
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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 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,
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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)
Current law authorizes school districts and county offices of
education to dispose of surplus or undistributed obsolete
instructional materials in its possession that are usable for
educational purposes in any of the following ways:
1) By donation to a school district, county free library or
other state institution.
2) By donation to a public agency or institution of any
territory or possession of the United States, or the
government of a country that formerly was a territory or
possession of the United States.
3) By donation to a non-profit charitable organization.
4) By donation to children or adults in the State of
California, or foreign countries for the purpose of
increasing the general literacy of the people.
5) By sale. (EC � 60510)
ANALYSIS
This bill 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.
Specifically, this bill:
1) Authorizes school districts to provide a digital version
of adopted instructional materials to students that may be
downloaded onto an electronic device.
2) Authorizes digital versions of an adopted instructional
material supplied to students to be treated as surplus
property at the end of the school year, to be retained by
the student.
3) Authorizes digital versions of adopted instructional
materials to be provided to students in compliance with
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the Williams settlement.
STAFF COMMENTS
1) Need for the bill . According to the author, "With
increased discussion centered on blended learning and
digital textbooks, technology companies and publishers
have responded and are actively collaborating with
educators on a number of educational initiatives,
including the creation of textbooks that may be accessed
in both print and digital format. While schools and
school districts are interested in and moving toward
incorporating digital learning in K-12 curriculum, there
is concern as to how the digital material is treated once
the course or school year is over. Current law is silent
as to whether or not a student keeping digital material,
much like a workbook, once the school year is over is
considered a gift of public funds. Due to a lack of
clarity in current law, schools are hesitant to move
forward with incorporating digital materials into their
curriculum."
2) Not currently authorized ? This bill authorizes several
actions that may be current practice, depending on
specific agreements between a school district and
publisher. For example, current law allows digital
versions of materials to be provided to students in a way
that is compliant with the Williams settlement, and
nothing prohibits a school district from having an
agreement with a publisher to provide access to
instructional materials for an extended length of time
(albeit likely for a fee).
This bill codifies portions of the terms of an agreement
between Apple and publishers Houghton Mifflin Harcourt,
McGraw-Hill, and Pearson. Specifically, the terms of
Apple's iBooks Business Model includes the Volume Purchase
Program whereby school districts purchase digital codes in
bulk, distribute the digital codes to students to be
downloaded on devices, and the content stays with the
student at the end of the school year.
Does this bill create an advantage for Apple and
participating publishers? Will any brand of device be
compatible with the digital version of instructional
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materials? How will the privacy of students who access
the digital material be protected; will Apple, publishers
or a third party have access to information about a
student using instructional materials on his or her own
device? Should school districts be required to have rules
and regulations regarding the use of devices by students
for instructional purposes?
3) Contracts and copyright . This bill authorizes digital
versions of an adopted instructional material supplied to
students to be treated as surplus property at the end of
the school year, to be retained by the student. It is
unclear why such material should be considered surplus,
rather than simply allowing access to the material beyond
the school year in which the student was assigned the
instructional material. Further, any use of materials
should be within the scope of the contract between the
school district and publisher. Staff recommends an
amendment to strike reference to surplus property and
instead specify that digital versions of instructional
materials acquired by a school district may be retained by
students if that does not violate any contract or
copyright laws.
4) Related legislation . SB 185 (Walters) 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. SB 185 is scheduled to be
heard by this Committee on May 8, 2013.
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.
SUPPORT
Advisory Commission on Special Education
Disability Rights California
Napa County Office of Education
TechAmerica
TechNet
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OPPOSITION
None on file.