California 2011 2011-2012 Regular Session

California Assembly Bill AB1790 Amended / Bill

Filed 08/22/2012

 BILL NUMBER: AB 1790AMENDED BILL TEXT AMENDED IN SENATE AUGUST 22, 2012 AMENDED IN SENATE AUGUST 20, 2012 AMENDED IN SENATE JUNE 20, 2012 AMENDED IN ASSEMBLY APRIL 10, 2012 AMENDED IN ASSEMBLY MARCH 7, 2012 INTRODUCED BY Assembly Member Hagman (Coauthors: Assembly Members Jeffries and Silva) FEBRUARY 21, 2012 An act to add Section 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. Existing law, until July 1, 2015, exempts school districts from requirements to provide pupils with instructional materials by a specified time period following adoption of those materials by the state board. 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 not authorize the use of instructional materials that would constitute an infringement of copyright under specified federal law. The bill would apply these provisions only to adoptions that occur after the exemption time period described above.  The bill would become operative only if SB 1154 of the 2011-12 Regular Session is  also  enacted  and takes effect  . 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) 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.  (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.).   (c) This section shall apply only to instructional material adoptions that occur after the inoperative date established in Section 60049.   (d) This section does not require a publisher or manufacturer that submits an instructional material 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 material in digital format.   (e)   (b)  This section shall become operative only if Senate Bill 1154 of the 2011-12 Regular Session is also enacted and takes effect.