BILL ANALYSIS �
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THIRD READING
Bill No: SB 682
Author: Lara (D)
Amended: 5/15/13
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 5/8/13
AYES: Liu, Wyland, Block, Hancock, Hueso, Huff, Jackson,
Monning
NO VOTE RECORDED: Correa
SUBJECT : Instructional materials: digital versions
SOURCE : Author
DIGEST : 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, as
specified.
ANALYSIS : 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. 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).
Existing law authorizes school districts to use instructional
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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.
Existing 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:
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.
Existing 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.
Existing 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.
For purposes of the Williams vs. California settlement, existing
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,
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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.
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.
Existing 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.
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 retained by the student,
beyond the end of the school year.
3. Authorizes digital versions of adopted instructional
materials to be provided to students in compliance with the
Williams vs. California settlement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/15/13)
Advisory Commission on Special Education
Disability Rights California
Napa County Office of Education
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TechAmerica
TechNet
ARGUMENTS IN SUPPORT : 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."
PQ:k 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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