Amended in Senate June 22, 2016

Amended in Assembly May 27, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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.

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 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 of 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, 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, a requirement that the cost of academic materials from the current semester or quarter be provided to faculty as specified, 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, in consultation with the campus bookstore, of approved descriptors to post next to academic materials offered for sale at the campus bookstore, as specified.

The bill would require the begin delete trustees, end delete begin insert campuses of the California State University, end insert and request the begin delete regents, to review and adopt end delete begin insert campuses of the University of California, to submit end insert the policies developed pursuant to the bill for their respective begin delete campuses. end delete begin insert campuses to the trustees and the regents, as appropriate, for their review. end insert

The bill would express the intent of the Legislature that the faculty of the public postsecondary segments be encouraged to continue their commitment to making academic materials affordable by considering free or inexpensive options, including open access options, in selecting academic materials to assign to their students.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

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

66407.5.  

(a) The respective academic senates of begin insert the end insert campuses
of the California State University and the University of California,
in collaboration with students and campus administrators, shall
develop policies regarding required academic materials in order
to encourage efforts to reduce redundancy in the delivery of
academic materials, including, but not necessarily limited to,
textbooks and access codes. The policies adopted pursuant to this
section shall include, but not necessarily be limited to, all of the
following:

(1) 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.

(2) A requirement that the cost of academic materials from the
current semester or quarter be provided to faculty members by the
campus bookstore when academic materials are being chosen for
an upcoming academic term, if available.

(3) 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 so
that the bookstore may verify availability, source, and lower cost
options when practicable, and provide this information to faculty
for consideration when exploring alternatives.

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

(b) The begin insert campuses of the California State University shall, and
the campuses of the University of California are requested to,
submit the policies developed pursuant to subdivision (a) to the end insert
Trustees of the California State University begin delete shall, end delete and the Regents
of the University of begin delete California are requested to, review and adopt
the policies developed pursuant to subdivision (a) for their
respective campuses. end delete begin insert California, as appropriate, for their review. end insert

(c) It is the intent of the Legislature that the faculty of the public
postsecondary segments be encouraged to continue their
commitment to making academic materials affordable by
considering free or inexpensive options, including open access
options, in selecting academic materials to assign to their students.

(d) As used in this section:

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

(2) “Textbook” has the same meaning as defined in Section
66406.7.