SENATE BILL REPORT

SB 6231

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 26, 2012

Title: An act relating to open educational resources in K-12 education.

Brief Description: Regarding open educational resources in K-12 education.

Sponsors: Senators McAuliffe, Conway and Keiser.

Brief History:

Committee Activity: Early Learning & K-12 Education: 1/26/12.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Staff: Stephanie Christensen (786-7405)

Background: Individual school districts are responsible for establishing curriculum and selecting textbooks and other coursework materials to support their curriculum. The state funds curriculum and courseware through the Materials, Supplies and Operating Costs (MSOC) portion of the prototype schools funding model. The curriculum and textbooks portion of the MSOC allocation is $61.65 per full-time-equivalent (FTE) student for 2011-12, and $62.45 per FTE student for 2012-13.

Due to individual selection of curricula, a wide variety of materials are used in schools across the state. For example, a 2008 report by the Office of Superintendent of Public Instruction (OSPI) showed that there were 20 or more different math curricula being used in middle schools during the 2007-08 school year.

The Common Core State Standards describe knowledge and skills in English Language Arts and Mathematics that students need when they graduate. The Common Core State Standards were adopted by OSPI in July 2011, and will be fully implemented by 2014-15.

Creative Commons is an organization that works to provide access to research and educational materials through the Internet. The Creative Commons attribution license allows others to use, distribute, and create derivative works based upon digital material, while still allowing the authors or creators to retain the copyright and to receive credit for their efforts. Creative Commons provides a particular focus on educational materials, and works to minimize legal, technical, and social barriers to the sharing and reusing of educational materials.

Summary of Bill: OSPI must take the lead in developing openly licensed courseware aligned with the Common Core State Standards and placed under a Creative Commons attribution license. Until June 30, 2018, 1.5 percent of the amounts otherwise allocable to school districts for curriculum and textbooks must be allocated to OSPI solely for the development of openly licensed courseware aligned with the Common Core State Standards. OSPI must advertise to school districts that the courseware is available at no cost to the districts.

In developing the courseware, OSPI may contract with third parties, and adopt or adapt existing courseware. OSPI must use best efforts to seek additional outside funding, and must work collaboratively with other states that have adopted the Common Core State Standards and collectively share results. OSPI must also identify an open courseware repository, provide professional development, and report to the Governor and education committees of the Legislature regarding the development and use of the courseware.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The textbooks school districts currently use are expensive and outdated. This bill provides OSPI with the resources and infrastructure it needs to provide high-quality, updated educational courseware to school districts at no cost to the districts. Openly licensed courseware will be aligned with the Common Core State Standards, and will save school districts money over time.

CON: This bill does not prescribe a quality assurance process commonly used by publishers. There is a serious quality issue with this courseware.

OTHER: Would like an amendment that does not take MSOC funds away from school districts.

Persons Testifying: PRO: Representative Carlyle, prime sponsor; Cable Green, Creative Commons; Karl Nelson, OSPI; Yoshe Revelle, Carolyn Logue, WA Library Media Assn.

CON: Melissa Gombosky, Assn. of American Publishers; Anthony Flinn, Eastern WA University, Faculty Legislative Liaison.

OTHER: Wendy Rader-Konofalski, WA Education Assn.