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

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

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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-Introduced.html

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BILL NUMBER: SB 185	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 6, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 185, as introduced, 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. 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.
  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) 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.