Bill Text: CA SB1154 | 2011-2012 | Regular Session | Enrolled
Bill Title: Instructional materials: digital format.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2012-09-27 - In Senate. Consideration of Governor's veto pending. [SB1154 Detail]
Download: California-2011-SB1154-Enrolled.html
BILL NUMBER: SB 1154 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JULY 5, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN SENATE MAY 2, 2012
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Senator Walters
(Coauthors: Senators Alquist and Lowenthal)
FEBRUARY 21, 2012
An act to add Section 60063.5 to the Education Code, relating to
instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1154, 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 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. 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.
The bill would become operative only if AB 1790 of the 2011-12
Regular Session is enacted.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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) 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) 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.
(j) This section shall become operative only if Assembly Bill 1790
of the 2011-12 Regular Session is also enacted and takes effect.
