Amended in Assembly May 27, 2016

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: academic materials: textbooks: access codes.

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(1) Existing

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begin insertExistingend insert 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 thebegin delete 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 purchaseend deletebegin insert respective academic senates of campuses of the California State University and the University of California, in collaboration with students and campus administrators, to develop policies regarding required academic materials in order to encourage efforts to reduce redundancy in the delivery ofend insert academic materials, including, but not necessarily limited to, textbooks, as defined, and access codes, as defined. The bill would require that the policies adopted pursuant to the bill include, but not necessarily be limited to,begin delete a prohibition of any requirement that students be required to purchase academic materials 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 their campuses,end deletebegin insert guidelines prioritizing the use of ancillary and additional academic platforms and materials, not including textbooks, already available to enrolled students that are determined by faculty to serve the requirements of a course of study at no additional cost to enrolled students on their campuses or to the campus itself,end insert a requirement that thebegin delete totalend delete cost of academic materials from thebegin delete immediately preceding academic yearend deletebegin insert current semester or quarterend insert be provided to faculty as specified,begin delete 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,end deletebegin insert the establishment, in consultation with the campus bookstore, of deadlines by the campus for a faculty member or academic department to notify the campus bookstore of required and recommended textbooks and other instructional materials, as specified, and a determination,end insertbegin insert in consultation with the campus bookstore, of approved descriptors to post next to academic materials offered for sale at the campus bookstore,end insert as specified.

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The bill would require the trustees, and request the regents, to review and adopt the policies developed pursuant to the bill for their respective campuses.

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The bill would express the intent of the Legislature that the faculty of the public postsecondary segments be encouraged tobegin delete considerend deletebegin insert continue their commitment to making academic materials affordable by consideringend insert free or inexpensivebegin delete optionsend deletebegin insert options, including open access options,end insert in selecting academic materials to assign to their students.

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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.

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(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.

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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.

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In accordance with an existing provision of the Donahoe Higher Education Act, no provision of this bill would apply to the University of California except to the extent that the regents act, by appropriate resolution, to make that provision applicable.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P3    1

SECTION 1.  

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

3

66407.5.  

(a) Thebegin delete 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
6to, adopt policies for their respective segments regarding when it
7is acceptable for a faculty member to require students to purchaseend delete

8begin insert respective academic senates of campuses of the California State
9University and the University of California, in collaboration with
10students and campus administrators, shall develop policies
11regarding required academic materials in order to encourage
12efforts to reduce redundancy in the delivery ofend insert
academic materials,
13including, but not necessarily limited to, textbooks and access
14codes. The policies adopted pursuant to this section shall include,
15but not necessarily be limited to, all of the following:

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16(1) A prohibition of any requirement that students be required
17to purchase any academic materials for purposes of accessing
18resources that are otherwise available to these students or for
P4    1performing functions that can be otherwise accomplished at no
2cost to these students on their campuses.

end delete
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3
(1) Guidelines prioritizing the use of ancillary and additional
4academic platforms and materials, not including textbooks, already
5available to enrolled students that are determined by faculty to
6serve the requirements of a course of study at no additional cost
7to enrolled students on their campuses or to the campus itself.

end insert

8(2) A requirement that thebegin delete totalend delete cost of academic materials from
9thebegin delete immediately preceding academic yearend deletebegin insert current semester or
10quarterend insert
be provided to faculty members by the campus bookstore
11when academic materials are being chosen for an upcoming
12academicbegin delete term or, if the cost of academic materials has not been
13determined for the immediately preceding academic year, as soon
14as is practicable.end delete
begin insert term, if available.end insert

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15(3) A requirement for the provision of a summary of the
16descriptors the campus bookstore may post next to the academic
17materials offered for sale. The campus bookstore shall not post
18“required material” next to academic materials it offers for sale
19unless it has received consent from the faculty member who
20assigned the material or from a staff member of the appropriate
21department.

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22
(3) The establishment, in consultation with the campus
23bookstore, of deadlines by the campus for a faculty member or
24 academic department to notify the campus bookstore of required
25and recommended textbooks and other instructional materials so
26that the bookstore may verify availability, source, and lower cost
27options when practicable, and provide this information to faculty
28for consideration when exploring alternatives.

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29
(4) A determination, in consultation with the campus bookstore,
30of approved descriptors to post next to academic materials offered
31for sale at the campus bookstore, including a requirement that the
32bookstore clearly identify any recommended course materials that
33are suggested by the bookstore but not by the faculty member who
34assigned the materials.

end insert
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35
(b) The Trustees of the California State University shall, and
36the Regents of the University of California are requested to, review
37and adopt the policies developed pursuant to subdivision (a) for
38their respective campuses.

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39(b)

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P5    1begin insert(end insertbegin insertc)end insert It is the intent of the Legislature that the faculty of the public
2postsecondary segments be encouraged tobegin delete considerend deletebegin insert continue their
3commitment to making academic materials affordable by
4consideringend insert
free or inexpensivebegin delete optionsend deletebegin insert options, including open
5access options,end insert
in selecting academic materials to assign to their
6students.

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7(c)

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8begin insert(end insertbegin insertd)end insert As used in this section:

9(1) “Access code” means an identification number or password,
10or both, that is used to gain access to digital content.

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11(2) “Function” includes, but is not necessarily limited to, the
12submission of assignments, collection of grades, and
13communication between faculty members and students.

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14(3)

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15begin insert(2)end insert “Textbook” has the same meaning as defined in Section
1666406.7.

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17

SEC. 2.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.

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