California Assembly Bill AB1790 Amended / Bill

 BILL NUMBER: AB 1790AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 7, 2012 INTRODUCED BY Assembly Member Hagman FEBRUARY 21, 2012 An act to add  Section   Sections 60054 and  60063 to the Education Code, relating to instructional materials. LEGISLATIVE COUNSEL'S DIGEST AB 1790, as amended, Hagman. Instructional materials: digital format. Existing law authorizes the State Board of Education and the governing board of each school district maintaining one or more high schools to adopt instructional materials for use in kindergarten and grades 1 to 8, inclusive, and high schools, respectively. Existing law places specified requirements on a publisher or manufacturer of instructional materials offered for adoption. This bill would require a publisher or manufacturer submitting an instructional material for adoption by the state board or the governing board of a school district to ensure that the instructional material is available in both print and digital formats. The bill would not authorize the use of instructional materials that would constitute an infringement of copyright under specified federal law.    The   bill would require the governing board of a school district to provide a pupil with that digital copy of an adopted instructional material if the pupil owns a compatible electronic reader device and requests to use the digital copy, thereby imposing a state-mandated local program. The bill would state the intent of the Legislature that providing a pupil with that digital copy constitutes furnishing a pupil with a textbook in compliance with specified law.   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:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 60054 is added to the   Education Code   , to read:   60054. (a) The governing board of a school district shall provide a pupil with a digital copy, provided pursuant to Section 60063, of an adopted instructional material if the pupil owns a compatible electronic reader device and requests to use the digital copy of the instructional material. (b) It is the intent of the Legislature that providing a pupil with a digital copy of an instructional material pursuant to subdivision (a) constitutes furnishing a pupil with a textbook in compliance with Section 7.5 of Article IX of the California Constitution.   SECTION 1.   SEC. 2.  Section 60063 is added to the Education Code, to read: 60063. (a) A publisher or manufacturer submitting an instructional material for adoption by the state board or the governing board of a school district pursuant to Sections 60200 and 60400 shall ensure that the instructional material is available in both print and digital formats. (b) 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.).  SEC. 3.   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.