Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1914


Introduced by Assembly Member Bonilla

February 11, 2016


An act to add Section 66407.5 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 1914, as amended, Bonilla. Public postsecondary education:begin insert academic materials: textbooks:end insert access codes.

(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions and functions of the segments of postsecondary education in this state. The California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and the University of California, under the administration of the Regents of the University of California, constitute the 3 segments of public postsecondary education in this state. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable.

An existing chapter of the Donahoe Higher Education Act relates to the use of academic materials and provides that a court of competent jurisdiction is authorized to grant relief that is necessary to enforce the provisions of this chapter, including through the issuance of an injunction.

This bill would add to this chapter a provision that requires the trustees and the board of governors, and requests the regents, to adopt policies for their respective segments regarding when it is acceptable for a faculty member to require students to purchasebegin delete an access code,end deletebegin insert academic materials, including, but not necessarily limited to, textbooks, as defined, and access codes,end insert as defined. The bill would require that the policies adopted pursuant to the bill include, but not necessarily be limited to, a prohibition of any requirement that students be required to purchasebegin delete an access codeend deletebegin insert academic materialsend insert for purposes of accessing resources that are otherwise available to these students or for performing functions, as defined, that can be otherwise accomplished at no cost to these students on theirbegin delete campuses. Theend deletebegin insert campuses, a requirement that the total cost of academic materials from the immediately preceding academic year be provided to faculty as specified, and a requirement for the provision of a summary of the descriptors the campus bookstore may post next to the academic materials offered for sale, as specified.end insert

begin insertTheend insert bill would express the intent of the Legislature that the faculty of the public postsecondary segments be encouraged to consider free or inexpensive options in selecting academic materials to assign to their students.

To the extent that the implementation of the policies adopted by the board of governors would impose new duties on community college districts, this bill would constitute a state-mandated local program.

(2) 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: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 66407.5 is added to the Education Code,
2to read:

3

66407.5.  

(a) The Trustees of the California State University
4and the Board of Governors of the California Community Colleges
5shall, and the Regents of the University of California are requested
P3    1to, adopt policies for their respective segments regarding when it
2is acceptable for a faculty member to require students to purchase
3begin delete an access code.end deletebegin insert academic materials, including, but not necessarily
4limited to, textbooks and access codes.end insert
The policies adopted
5pursuant to this section shall include, but not necessarily be limited
6to,begin delete aend deletebegin insert all of the following:end insert

7begin insert(1)end insertbegin insertend insertbegin insertAend insert prohibition of any requirement that students be required
8to purchasebegin delete an access codeend deletebegin insert any academic materialsend insert for purposes
9of accessing resources that are otherwise available to these students
10or for performing functions that can be otherwise accomplished
11at no cost to these students on their campuses.begin delete Itend delete

begin insert

12(2) A requirement that the total cost of academic materials from
13the immediately preceding academic year be provided to faculty
14members by the campus bookstore when academic materials are
15being chosen for an upcoming academic term or, if the cost of
16academic materials has not been determined for the immediately
17preceding academic year, as soon as is practicable.

end insert
begin insert

18(3) A requirement for the provision of a summary of the
19descriptors the campus bookstore may post next to the academic
20materials offered for sale. The campus bookstore shall not post
21“required material” next to academic materials it offers for sale
22unless it has received consent from the faculty member who
23assigned the material or from a staff member of the appropriate
24department.

end insert

25begin insert(b)end insertbegin insertend insertbegin insertItend insert is the intent of the Legislature that the faculty of the public
26postsecondary segments be encouraged to consider free or
27inexpensive options in selecting academic materials to assign to
28their students.

begin delete

29(b)

end delete

30begin insert(c)end insert As used in this section:

31(1) “Access code” means an identification number or password,
32or both, that is used to gain access to digital content.

33(2) “Function” includes, but is not necessarily limited to, the
34submission of assignments, collection of grades, and
35communication between faculty members and students.

begin insert

36(3) “Textbook” has the same meaning as defined in Section
3766406.7.

end insert
38

SEC. 2.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

    98