Bill Text: CA SB185 | 2013-2014 | Regular Session | Amended

California Senate Bill 185 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Instructional materials: digital format.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 174, Statutes of 2013. [SB185 Detail]

Download: California-2013-SB185-Amended.html

BILL NUMBER: SB 185	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 2, 2013

INTRODUCED BY   Senator Walters

                        FEBRUARY 6, 2013

   An act to add Sections  60063   60063.3 
and 60063.5 to the Education Code, relating to instructional
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 185, as amended, Walters. Instructional materials: digital
format.
   Existing law requires the State Board of Education to adopt at
least 5 basic instructional materials in specified subject areas for
use in kindergarten and grades 1 to 8, inclusive, for district
boards, as defined. Existing law also requires the governing board of
each school district maintaining one or more high schools to adopt
instructional materials that meet specified criteria for use in the
high schools under its control. Existing law prohibits the state
board from adopting instructional materials until the 2015-16 school
year.
   Existing law requires a publisher or manufacturer of instructional
materials to 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 if the publisher does not offer a
large print edition, recordings, American Sign Language videos for
the deaf, or other specialized accessible media exclusively for use
by pupils with visual or other disabilities that prevent use of
standard instructional materials.
   This bill would  require a publisher or manufacturer
submitting a printed instructional material for adoption by the state
board or the governing board of a school district to ensure that the
printed instructional material is also available in an equivalent
digital format during the entire term of the adoption. The bill would
require a publisher or manufacturer that offers printed
instructional materials in an equivalent digital format to offer the
digital format at the same cost as, or lower cost than, the cost of
the purchased printed format, and would require a publisher or
manufacturer of printed supplemental instructional materials to offer
the supplemental instructional materials in an equivalent digital
format at the same cost as, or lower cost than, the cost of the
purchased printed format. The bill would, if the publisher or
manufacturer cannot obtain copyright due to a 3rd-party contract
conflict, authorize an equivalent digital format to be substituted
with comparable digital materials.   authorize school
districts and county offices of education to negotiate the price of
standards-aligned instructional materials and supplemental materials
in a printed or digital format.  The bill would require
instructional materials to be offered by a publisher or manufacturer
as unbundled elements. The bill also would authorize a school
district to use instructional materials in digital format that were
purchased by the school district to create a districtwide online
digital database for classroom use, as specified.  The bill
would exempt from these requirements small publishers and small
manufacturers of instructional materials, as defined, and would
specify that these provisions be implemented in accordance with
specified provisions suspending the adoption of instructional
materials by the state board. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 60063 is added to the
Education Code, to read:
   60063.  A publisher or manufacturer submitting a printed
instructional material for adoption by the state board pursuant to
Section 60200 or the governing board of a school district pursuant to
Section 60400 shall ensure that the printed instructional material
is also available in an equivalent digital format during the entire
term of the adoption. 
   SECTION   1.    Section 60063.3 is added to
the   Education Code   , to read:  
   60063.3.  Notwithstanding paragraph (1) of subdivision (a) of
Section 60061, school districts and county offices of education may
negotiate the price of standards-aligned instructional materials and
supplemental materials in either a printed or digital format. 
  SEC. 2.  Section 60063.5 is added to the Education Code, to read:

   60063.5.  (a) If a publisher or manufacturer offers printed
instructional materials in an equivalent digital format pursuant to
Section 60063, the digital format shall be offered at the same cost
as, or lower cost than, the cost of the purchased printed format.
   (b) A publisher or manufacturer of printed supplemental
instructional materials shall offer the printed supplemental
instructional materials in an equivalent digital format, at the same
cost as, or lower cost than, the cost of the purchased printed
format.
   (c) For purposes of this section, if a publisher or manufacturer
cannot obtain copyright due to a third-party contract conflict, an
equivalent digital format may be substituted with comparable digital
material when adopting instructional materials.
   (d) 
    60063.5.    (a)  Instructional materials or
supplemental instructional materials shall be offered by a publisher
or manufacturer as unbundled elements to enable  the
 digital material or printed materials to be purchased
separately from other components. 
   (e) 
    (b)  A school district may 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. 
   (f) (1) The requirements of this section shall not apply to a
small publisher or small manufacturer of instructional materials.
 
   (2) For purposes of this subdivision, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer that, together with its affiliates, has 100 or fewer
employees and average annual gross receipts of ten million dollars
($10,000,000) or less over the previous three years. 

   (g) This section does not authorize the use of instructional
materials that would constitute an infringement of copyright under
the federal Copyright Revision Act of 1976, as amended (17 U.S.C.
Sec. 101 et seq.).  
   (h) This section shall be implemented in accordance with the
suspension of the instructional materials adoption process pursuant
to Section 60200.7.  
   (i) This section does not require a publisher or manufacturer that
submits instructional materials in digital format only for adoption
by the state board or the governing board of a school district to
offer or submit an equivalent print version of the instructional
materials in digital format.