Bill Text: CA SB613 | 2011-2012 | Regular Session | Amended
Bill Title: Instructional materials: open-source.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB613 Detail]
Download: California-2011-SB613-Amended.html
BILL NUMBER: SB 613 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator Alquist
FEBRUARY 18, 2011
An act to amend Sections 60010, 60200, and 60400 of the Education
Code, relating to instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 613, as amended, Alquist. Instructional materials: open-source.
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. Existing law
authorizes the state board to adopt fewer than five basic
instructional materials in specified instances. 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.
This bill would require at least one-half, or one-half plus one in
the case of an odd number, of the basic instructional materials
adopted by the state board , or a high school governing
board, to be open-source instructional materials ,
thereby imposing a state-mandated local program .
The bill also would authorize the governing board of a
school district maintaining a high school to adopt open-source
instructional materials . The bill would define an open-source
instructional material as an instructional material that is available
in a digital format, is free to view online, meets the same
requirements imposed on other printed instructional materials, and
may be developed in a specified manner. The bill would authorize the
state board and a high school governing board to
adopt fewer than the required number of open-source instructional
materials in specified instances.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60010 of the Education Code is amended to read:
60010. For purposes of this part, the following terms have the
following meanings unless the context in which they appear clearly
requires otherwise:
(a) "Basic instructional materials" means instructional materials
that are designed for use by pupils as a principal learning resource
and that meet in organization and content the basic requirements of
the intended course.
(b) "Commission" means the Curriculum Development and Supplemental
Materials Commission.
(c) "Curriculum framework" means an outline of the components of a
given course of study designed to provide state direction to school
districts in the provision of instructional programs.
(d) "District board" means the board of education or governing
board of a county, city and county, city, or other district that has
the duty to provide for the education of the children in its county,
city and county, city, or district.
(e) "Elementary school" means all public schools in which
instruction is given through grade 8 or in any one or more of those
grades.
(f) "Governing boards" means the state board and any one or more
district boards.
(g) "High school" means all public schools other than elementary
schools in which instruction is given through grade 12, or in any one
or more of those grades.
(h) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a learning resource
and help pupils to acquire facts, skills, or opinions or to develop
cognitive processes. Instructional materials may be printed or
nonprinted, and may include textbooks, technology-based materials,
other educational materials, and tests.
(i) "Nonpublic school" means a school that both satisfies the
requirements of Section 48222, and is exempt from taxation under
Section 214 of the Revenue and Taxation Code.
(j) "Open-source instructional materials" means instructional
materials that are available in a digital format, free to view
online, and meet the same requirements imposed on other printed
instructional materials. The materials may be developed in either of
the following manners:
(1) Through a consortium of states, of which the State of
California may be a part, that develops free open-source
instructional materials that are linked to the common core academic
standards developed by the Common Core State Standards Initiative
consortium.
(2) By a single author or publisher.
(k) "School official" means a member of a governing board, a city,
county, city and county, or district superintendent of schools, and
a principal, teacher, or other employee under his or her charge.
(l) "State board" means the State Board of Education.
(m) "Supplementary instructional materials" means instructional
materials designed to serve, but not be limited to, one or more of
the following purposes, for a given subject, at a given grade level:
(1) To provide more complete coverage of a subject or subjects
included in a given course.
(2) To provide for meeting the various learning ability levels of
pupils in a given age group or grade level.
(3) To provide for meeting the diverse educational needs of pupils
with a language disability in a given age group or grade level.
(4) To provide for meeting the diverse educational needs of pupils
reflective of a condition of cultural pluralism.
(5) To use current, relevant technology that further engages
interactive learning in the classroom and beyond.
(n) (1) "Technology-based materials" means basic or supplemental
instructional materials that are designed for use by pupils and
teachers as learning resources and that require the availability of
electronic equipment in order to be used as a learning resource.
Technology-based materials include, but are not limited to, software
programs, video disks, compact disks, optical disks, video and
audiotapes, lesson plans, and databases.
(2) Technology-based materials do not include the electronic
equipment required to make use of those materials, unless that
equipment is to be used by pupils and teachers as a learning
resource. However, this shall not be construed to authorize a school
district to replace computers or related equipment in an existing
computer lab or allow a school district to establish a new computer
lab.
(3) Nothing in this subdivision shall be construed to relieve a
school district of the obligation to provide pupils with sufficient
textbooks or instructional materials pursuant to paragraph (1) of
subdivision (c) of Section 60119. If a county office of education
determines that a school district is out of compliance with paragraph
(1) of subdivision (c) of Section 60119, that school district is not
authorized to procure electronic equipment pursuant to paragraph (2)
of this subdivision.
(o) "Test" means a device used to measure the knowledge or
achievement of pupils.
SEC. 2. Section 60200 of the Education Code is amended to read:
60200. The state board shall adopt basic instructional materials
for use in kindergarten and grades 1 to 8, inclusive, for governing
boards, of which at least one-half, or one-half plus one in the case
of an odd number, shall be open-source instructional materials,
subject to the following provisions:
(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
categories:
(1) Language arts, including, but not limited to, spelling and
reading. However, the state board shall not adopt basic instructional
materials in this category or the category specified by paragraph
(2) in the year succeeding the year in which the state board adopts
basic instructional materials in this category for the same grade
level.
(2) Mathematics. However, the state board shall not adopt basic
instructional materials in this category or the category specified by
paragraph (1) in the year succeeding the year in which the state
board adopts basic instructional materials in this category for the
same grade level.
(3) Science.
(4) Social science.
(5) Bilingual or bicultural subjects.
(6) Another subject, discipline, or interdisciplinary area for
which the state board determines the adoption of instructional
materials to be necessary or desirable.
(b) The state board shall adopt procedures for the submission of
basic instructional materials in order to comply with each of the
following:
(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (5), inclusive, of
subdivision (a) not less than two times every six years and in any
of the subject areas pursuant to paragraph (6) of subdivision (a) not
less than two times every eight years. The state board shall ensure
that curriculum frameworks are reviewed and adopted in each subject
area consistent with the six- and eight-year submission cycles and
that the criteria for evaluating instructional materials developed
pursuant to subdivision (b) of Section 60204 are consistent with
subdivision (c). The state board may prescribe reasonable conditions
to restrict the resubmission of materials that have been previously
rejected if those resubmitted materials have no substantive changes.
(2) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1), unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the materials
for that subject in that year, or due to other circumstances beyond
the reasonable control of the state board.
(c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:
(1) Are consistent with the criteria and the standards of quality
prescribed in the state board's adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.
(2) Comply with the requirements of Sections 60040, 60041, 60042,
60043, 60044, 60048, 60200.5, and 60200.6, and the state board's
guidelines for social content.
(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.
(4) Adequately cover the subject area for the grade level or
levels for which they are submitted.
(5) Do not contain materials, including illustrations, that
provide unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or company
logo may not be used unless the board determines that the use of the
commercial brand name, product, or corporate or company logo is
appropriate based on one of the following specific findings:
(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is necessary
for an educational purpose, as defined in the guidelines or
frameworks adopted by the state board.
(B) If an illustration, the appearance of a commercial brand name,
product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.
(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article IX
of the California Constitution and of Section 1 of Chapter 1181 of
the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for the
current adoption is approved, or at least 30 months prior to the date
that the materials are to be approved for adoption.
(d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why the
submitted materials were not adopted, based upon one or more of the
criteria established under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the commission or any other advisers to the state board.
(e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level, and fewer than
the amount of open-source instructional materials required by this
section, if either of the following occurs:
(1) Fewer than the required number of instructional materials are
submitted.
(2) The state board specifically finds that fewer than the
required number of instructional materials meet the criteria
prescribed by paragraphs (1) to (5), inclusive, of subdivision (c),
or the materials fail to meet the state board's adopted curriculum
framework. If the state board adopts fewer than the required number
of instructional materials in any subject for any grade level, the
state board shall conduct a review of the degree to which the
criteria and procedures used to evaluate the submitted materials for
that adoption were consistent with the state board's adopted
curriculum framework.
(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.
(g) If a district board establishes to the satisfaction of the
state board that the state-adopted instructional materials do not
promote the maximum efficiency of pupil learning in the district, the
state board shall authorize that district governing board to use its
instructional materials allowances to purchase materials as
specified by the state board, in accordance with standards and
procedures established by the state board.
(h) Consistent with the quality criteria for the state board's
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials submission
system and ensure that the adopted materials in each subject, taken
as a whole, provide for the educational needs of the diverse pupil
populations in the public schools, provide collections of
instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet the
goals of the program and the needs of pupils.
(i) Upon making an adoption, the state board shall make available
to listed publishers and manufacturers and all school interests a
listing of instructional materials, including the most current unit
cost of those materials as computed pursuant to existing law. Items
placed upon lists shall remain thereon, and be available for
procurement through the state's systems of financing, from the date
of the adoption of the item and until a date established by the state
board. The date established by the board for continuing items on
that list shall be the date on which the state board adopts
instructional materials based upon a new or revised curriculum
framework. Lists of adopted materials shall be made available by
subject and grade level. The lists shall terminate and shall no
longer be effective on the date prescribed by the state board
pursuant to this subdivision.
(j) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single grade
or single subject lists, or multigrade or interdisciplinary lists, or
may be placed on separate lists including other materials with
similar grade or subject designations.
(k) A composite listing in the format of an order form may be used
to meet the requirements of this section.
( l ) The lists maintained pursuant to this section
shall not be deemed to control the use period by any school district.
(m) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).
(n) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.
(o) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the board.
(p) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.
SEC. 3. Section 60400 of the Education Code is amended to read:
60400. (a) The governing
board of each school district maintaining one or more high schools
shall adopt instructional materials for use in the high schools under
its control. At least one-half, or one-half plus one in the
case of an odd number, of the instructional materials adopted by the
governing board shall be an open-source instructional material.
The governing board may adopt open-source
instructional materials for use in the high schools under
its control. Only instruction materials of those publishers who
comply with the requirements of Article 3 (commencing with Section
60040) and Article 4 (commencing with Section 60060) of Chapter 1 of
this part and of Section 60226 may be adopted by the governing board.
(b) The governing board may adopt fewer than the number of
open-source instructional materials required pursuant to subdivision
(a) if either of the following occurs:
(1) Fewer than the number of required open-source materials are
submitted.
(2) The governing board specifically finds that fewer than the
required number of open-source instructional materials exist that
have publishers that comply with the requirements of Article 3
(commencing with Section 60040) and Article 4 (commencing with
Section 60060) of Chapter 1 of this part and of Section 60226.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
