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 campuses of the California State University, and request the campuses of the University of California, to submit the policies developed pursuant to the bill for their respective campuses to the trustees and the regents, as appropriate, for their review.

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.

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 campuses of the California State University, and request the campuses of the University of California, to submit the policies developed pursuant to the bill for their respective campuses to the trustees and the regents, as appropriate, for their review.

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.

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 trustees, campuses of the California State University, and request the regents, to review and adopt campuses of the University of California, to submit the policies developed pursuant to the bill for their respective campuses. campuses to the trustees and the regents, as appropriate, for their review.

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.

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 purchase 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, 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, 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 total cost of academic materials from the immediately preceding academic year current semester or quarter 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, 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 express the intent of the Legislature that the faculty of the public postsecondary segments be encouraged to consider continue their commitment to making academic materials affordable by considering free or inexpensive options options, including open access options, in selecting academic materials to assign to their students.

(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 purchase an access code, 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, a prohibition of any requirement that students be required to purchase an access code 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. The 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.

The 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.

(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 purchase an access code, 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 purchase an access code 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. The 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1914

Author:(Bonilla)

As Amended Ver:June 22, 2016

Majority vote

Original Committee Reference: HIGHER ED.

SUMMARY: Requires the academic senates of campuses of the California State University (CSU) and requests the academic senates of campuses of the University of California (UC) to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, and requires campuses of the CSU to review and adopt those policies.

The Senate amendments require the campuses of the CSU and request the campuses of the UC to submit the developed policies regarding instructional materials, as specified, to the CSU Trustees and the UC Regents, as appropriate, for their review.

EXISTING LAW:

1. Requires the CSU Trustees and the California Community Colleges (CCC) Board of Governors, and requests the UC Regents to work with the academic senates to encourage faculty to give consideration to the least costly practices in assigning textbooks; to encourage faculty to disclose to students how new editions of textbooks are different from previous editions; and, the cost to students for textbooks selected, among other things. Current law also urges textbook publishers to provide information to faculty when they are considering what textbooks to order, and to post information on the publishers' Web sites, including "an explanation of how the newest edition is different from previous editions." Publishers are also asked to disclose to faculty the length of time they intend to produce the current edition and provide faculty free copies of each textbook selected (Education Code Section (EDC) 66406).
2. Establishes the College Textbook Transparency Act, which, among others:
   1. Defines "textbook" as a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group, specifying that "textbook" does not include a novel;
   2. Defines "adopter" as any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution;
   3. Encourages adopters to consider cost in the adoption of textbooks; and,
   4. Requires each campus bookstore at any public postsecondary educational institution to post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks (EDC 66406.7).
3. Requires, as of January 1, 2020, any person, firm or corporation that publishes textbooks offered for sale at the UC, CSU, CCC, or a private college or university, to make the textbooks available for sale in electronic format (EDC 66410).
4. Establishes the College Textbook Affordability Act, which, among others:
   1. Encourages faculty to accelerate the adoption of lower cost, high-quality, open educational resources in order to reduce costs for college students;
   2. Establishes the Open Educational Resources Adoption Incentive Program ; and,
   3. Defines "open educational resources" as high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students (EDC 67421, et seq.).

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. The CSU anticipates costs in the low to mid hundreds of thousands in the first year to implement this bill. This includes one-time costs for campus academic senates to develop required policies. These costs may be absorbable at some campuses. Annual costs of about $200,000 to compile and communicate costs of selected course materials to faculty and to modify course material descriptors differentiating bookstore suggested, and faculty required materials (General Fund).
2. The UC indicates minor costs to implement this bill.

COMMENTS: Cost of instructional materials. According to the February 2015 Student Public Interest Research Groups (Student PIRGs) report, entitled, "Open Textbooks: The Billion-Dollar Solution," the cost of a college degree has increased significantly over the past decade. The report finds that, as of 2013, seven in 10 seniors at public and private nonprofit colleges, graduated with student loan debt; and, that as a nation, Americans hold over $1 trillion in student loan debt. Additionally, the report finds that, during the same time that the cost of obtaining a college degree increased, college textbook costs have skyrocketed. Though textbooks do not represent the majority of costs in pursuing a college degree, they are one of the largest out-of-pocket expenses that students face each year. The report states that, "Since 1978, college textbook costs have increased 812%. To put that in context, it means that textbook prices have increased at 3.2 times the rate of inflation."

Citing data from the College Board, the report finds that, the average undergraduate student should budget between $1,200 and $1,300 for textbooks and supplies each year; which averages to be as much as 40% of tuition at a two-year community college, and 13% at a four-year public institution.

A 2014 Student PIRG study found that 65% of students skipped buying or renting a textbook because it was too expensive, and 94% of those students felt that in so doing, their grade would suffer in a course. Additionally, almost half of the students said the cost of textbooks impacted how many courses they were able to take.

Open Educational Resources (OER). OER are educational materials such as textbooks, research articles, videos, assessments, or simulations that are either licensed under an open copyright license or are in the public domain. OERs provide no-cost access and no-cost permission to revise, reuse, remix, or redistribute the materials. According to a 2012 policy brief by the Center for American Progress and EDUCAUSE, digital OERs offer many advantages over traditional textbooks: they allow students and faculty to access textbooks and related materials for free online or purchase hardcopies that are more affordable than traditional textbooks; they enable faculty to customize learning materials to suit their course objectives; and, they can provide students with a more flexible set of tools that can contribute to a richer learning experience.

Access codes. An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes are generally tied to specific textbooks; a student has to purchase the access code that accompanies his or her specific textbook.

Not only are access codes an additional cost to students, access codes are used for tasks that could be completed by platforms already available to both professors and students on campus. For example, access codes have been used for the submission of assignments (without grading), storing and maintaining grades, and for communication between faculty members and students.

Purpose of this measure. According to the author, "An access code is an identification number or a password that is used to access digital content. Each student must purchase their access code, they cannot be shared. Access codes cost students $50 to $100 in addition to what they pay for all of the other instructional materials required for a course." The author contends that, the digital content protected by an access code can truly enhance a student's learning through informal assessments and immediate feedback. Many professors do not have teaching assistants and the access codes can provide a method to grade digital homework immediately without hours of additional work for the professor.

Recognizing the academic freedom of faculty, and the need for some oversight on how instructional materials are selected for students, this measure tasks the CSU Trustees and CCC Board of Governors, and asks the UC Regents, to create specific policies as to what is acceptable for faculty to require of students when purchasing instructional materials, including, but not limited to, textbooks and access codes.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0004259

 THIRD READING  

Bill No: AB 1914

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/15/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: California State Student Association

DIGEST: This bill requires the academic senates of campuses of the California State University (CSU) and the University of California (UC) to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, and requires campuses of the CSU to review and adopt those policies.

ANALYSIS:

Existing federal law, the Higher Education Opportunity Act:

1. Requires each institution of higher education (IHE) that receives federal financial assistance, to the maximum extent possible, to:
   
2. Disclose, on the IHE’s online course schedule, the International Standard Book Number (ISBN) and retail price information of required and recommended textbooks and supplemental materials for each course listed in the course schedule.
   
3. Include on the IHE’s written course schedule a notice that textbook information is available on the IHE’s online course schedule, and the web link to that schedule.
   
4. Provides exceptions to the disclosure requirement as specified.
   
5. Encourages IHEs to also provide to students information regarding:
   
6. Available institutional programs for renting textbooks or for purchasing used textbooks.
   
7. Available institutional guaranteed textbook buy-back programs.
   
8. Available institutional alternative content delivery programs.
   
9. Other available institutional cost-saving strategies.
   
10. Requires each institution of higher education (IHE) that receives federal financial assistance to make available to college bookstores that are operated or affiliated with the institution the most accurate information available regarding the IHE’s course schedule for the subsequent academic period and the information described in 1) and 2) above for each course or class offered for the subsequent academic period.
    
11. Provides that the information is to be provided to the college bookstore as soon as is practicable upon the request of the college bookstore. (United States Code, Title 20, § 1015)

Existing state law:

1. Requires the CSU Trustees and the California Community College (CCC) Board of Governors, and requests the UC Regents, to work with the academic senates to encourage faculty to give consideration to the least costly practices in assigning textbooks and to encourage faculty to disclose to students how new editions of textbooks are different from previous editions. Existing law also urges textbook publishers to provide information to faculty when they are considering what textbooks to order, and to post information on the publishers’ Web sites, including an explanation of how the newest edition is different from previous editions. In addition, publishers are asked to disclose to faculty the length of time they intend to produce the current edition and provide faculty free copies of each textbook selected. (Education Code § 66406)
   
2. Requires, under the College Textbook Transparency Act, each campus bookstore at any public postsecondary educational institution to post in its store or on its Web site a disclosure of the retail price policy on new and used textbooks. These provisions also encourage adopters to consider cost in the adoption of textbooks, require institutions to encourage adopters to place orders with sufficient lead time to enable the college bookstore to confirm the availability of the requested materials. This Act also requires textbook publishers to:
   
3. Respond in a timely manner to requests from faculty or other adopter for specified information, such as costs of textbooks.
   
4. Print on or in a textbook how new editions are different. (EC § 66406.7)
   
5. Establishes, under the College Textbook Affordability Act, the Open Educational Resources Adoption Incentive Program to incentivize faculty to accelerate the adoption of lower cost, high-quality, open educational resources (OERs) at campuses of the CCC and the CSU. This program provides funding for faculty professional development, professional development for staff, OER curation activities, curriculum modification and requisite release time for faculty, and technology support. (EC § 67420)
   
6. Establishes the California Digital Open Source Library, administered by the CSU in coordination with the CCC, for the purpose of housing open source materials while providing Web-based access for students, faculty and staff to find, adopt, utilize, or modify course materials for little or no cost. (EC § 66408)
   
7. Establishes the California Open Education Resources Council and requires the council to be responsible for, among other things, developing a list of 50 strategically selected lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials are to be developed or acquired. (EC § 66409)

This bill:

1. Requires the respective academic senates of campuses of the CSU and the UC, 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 limited to, textbooks and access codes.
   
2. Requires the policies to include, but not be limited to, all of the following:
   
   1. Guidelines prioritizing the use of ancillary and additional academic platforms and materials already available to enrolled students that are determined by faculty to meet the requirements of a course at no additional cost to enrolled students on their campuses or to the campus itself (excluding textbooks).
      
   2. A requirement that the cost of academic materials from the current semester or quarter be provided to faculty 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 faculty or an 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.
      
3. Requires the campuses of the CSU and requests the campuses of the UC to submit the policies to the CSU Trustees and UC Regents for their review.
   
4. Defines “access code” as an identification number or password, or both, that is used to gain access to digital content.
   
5. States legislative intent to encourage faculty 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.

Comments

Practical effect. Existing law encourages faculty to consider price, requires publishers to respond in a timely manner to requests from faculty for specified information including costs of textbooks, requires institutions to encourage adopters to place orders with sufficient lead time to enable the college bookstore to confirm the availability of the requested materials, and requires bookstores to post the price policy.

This bill requires the academic senates of the CSU and UC to develop policies that include a requirement that the cost of academic materials from the current semester or quarter be provided to faculty by the campus bookstore when academic materials are being chosen for an upcoming academic term, if available. Currently, faculty may have this information only if the faculty requests it from publishers or from the bookstore.

This bill requires the policies to include the establishment, in consultation with the campus bookstore, of deadlines by the campus for faculty or an 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. Generally, the current process consists of faculty submitting their lists of required and recommended instructional materials to the bookstore, and the bookstore fills the order (although some faculty work more cooperatively with the bookstore than described here). This bill requires policies that would essentially require faculty to submit lists of materials to the bookstore within a specified timeframe, the bookstore would research prices and options, and submit that information to the faculty, and the faculty would consider that information and subsequently submit the order for instructional materials (whether or not the faculty adjusted the list of materials based on information received by the bookstore).

Access codes, the new CD ROM? An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes are generally tied to specific textbooks; a student has to purchase the access code that accompanies the specific textbook. This bill does not prohibit the use of access codes.

Approved descriptors. This bill requires the policies developed by the academic senates to include, among other things, a determination 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. Background materials provided by the author describe situations where college bookstores label instructional materials as being “highly recommended” but do not indicate that those materials are recommended by the bookstore and not by the faculty.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• The CSU anticipates costs in the low to mid hundreds of thousands in the first year to implement this bill. This includes one-time costs for campus academic senates to develop required policies. These costs may be absorbable at some campuses. Annual costs of about $200,000 to compile and communicate costs of selected course materials to faculty and to modify course material descriptors differentiating bookstore suggested, and faculty required materials. (General Fund)
• The UC indicates minor costs to implement this bill.

SUPPORT: (Verified 8/12/16)

California State Student Association (source)

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/15/16 20:17:23

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1914 (Bonilla) - Public postsecondary education: academic materials: textbooks: access codes

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires the campus academic senates of the California State University (CSU) and the University of California (UC) to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, and requires the policies to be provided to the CSU Board of Trustees and the UC Board of Regents, respectively.

Fiscal Impact:

• The CSU anticipates costs in the low to mid hundreds of thousands in the first year to implement this bill. This includes one-time costs for campus academic senates to develop required policies. These costs may be absorbable at some campuses. Annual costs of about $200,000 to compile and communicate costs of selected course materials to faculty and to modify course material descriptors differentiating bookstore suggested, and faculty required materials. (General Fund)
• The UC indicates minor costs to implement this bill.

Background:

Existing federal law requires each institution of higher education that receives federal financial assistance, to the maximum extent possible, disclose in its website retail price information of required and recommended instructional materials for each course, among other things. Federal law also encourages institutions to provide students with information regarding programs for renting or purchasing used textbooks; available guaranteed textbook buy-back programs; available alternative content delivery programs; and other cost-saving strategies.

State law establishes the Open Educational Resources Adoption Incentive Program to encourage faculty to accelerate the adoption of lower cost, high-quality, open educational resources (OERs) at the California Community Colleges and the CSU. State law also establishes the California Digital Open Source Library to house open source materials while providing web-based access for students, faculty, and staff to use course materials for little or no cost.

According to the author’s office, this bill ensures students are not paying for unnecessary and underutilized academic materials during coursework. This bill encourages efforts to reduce redundancy in the delivery of materials, including access codes. An access code is a password needed in order to access course content online. The information a student accesses depends on the course, but could include things like practice exam questions, interactive videos, and course assignments. A student has to purchase the access code that accompanies the specific textbook, which can range from $50 to $100. According to the author’s office, not only are access codes an additional cost, but sometimes they are for tasks that could be completed by platforms already available to both professors and students on campus.

Proposed Law:

This bill requires the academic senates of campuses of the CSU and the UC to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, including textbooks and access codes. The campuses are required to send these policies to the CSU Board of Trustees and the UC Board of Regents.

The policies must include but are not limited to:

• Guidelines prioritizing the use of additional academic platforms and materials, excluding textbooks, already available to enrolled students that are determined by faculty to serve the requirements of a course at no additional cost students.
• 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.
• The establishment of deadlines by the campus for faculty to notify the campus bookstore of required and recommended 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.
• A determination 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 material.

Related Legislation:

SB 1359 (Block, 2016) requires each campus of the California Community Colleges and the CSU, and requests each campus of the UC, to clearly highlight the courses that at least in part use digital course materials that are free of charge and have a low-cost option for print version. SB 1359 is pending in the Assembly Appropriations Committee.

Staff Comments:

This bill requires policies to be developed, in collaboration with students, which have the intended effect of: encouraging the use of existing platforms to deliver course materials and mitigating additional, unnecessary charges to students; increasing awareness of the costs of course materials that are being assigned by faculty; increasing communication between faculty and campus bookstores regarding other potential cost-saving options; and greater transparency to students when shopping at campus bookstores, to increase awareness of the materials that are required by faculty versus those that are optional.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No:

Subject:

SUMMARY

This bill requires the academic senates of campuses of the California State University (CSU) and the University of California (UC) to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, and requires the CSU Trustees to review and adopt those policies.

BACKGROUND

Existing federal law, the Higher Education Opportunity Act:

1. Requires each institution of higher education (IHE) that receives federal financial assistance, to the maximum extent possible, to:
   
2. Disclose, on the IHE’s online course schedule, the International Standard Book Number (ISBN) and retail price information of required and recommended textbooks and supplemental materials for each course listed in the course schedule.
   
3. Include on the IHE’s written course schedule a notice that textbook information is available on the IHE’s online course schedule, and the web link to that schedule.
   
4. Provides exceptions to the disclosure requirement as specified.
   
5. Encourages IHEs to also provide to students information regarding:
   
6. Available institutional programs for renting textbooks or for purchasing used textbooks.
   
7. Available institutional guaranteed textbook buy-back programs.
   
8. Available institutional alternative content delivery programs.
   
9. Other available institutional cost-saving strategies.
   
10. Requires each institution of higher education (IHE) that receives federal financial assistance to make available to college bookstores that are operated or affiliated with the institution the most accurate information available regarding the IHE’s course schedule for the subsequent academic period and the information described in 1) and 2) above for each course or class offered for the subsequent academic period.
    
11. Provides that the information is to be provided to the college bookstore as soon as is practicable upon the request of the college bookstore.

(United States Code, Title 20, § 1015)

Existing state law:

1. Requires the California State University (CSU) Trustees and the California Community College (CCC) Board of Governors, and requests the Regents of the University of California (UC), to work with the academic senates to encourage faculty to give consideration to the least costly practices in assigning textbooks and to encourage faculty to disclose to students how new editions of textbooks are different from previous editions. Existing law also urges textbook publishers to provide information to faculty when they are considering what textbooks to order, and to post information on the publishers’ Web sites, including an explanation of how the newest edition is different from previous editions. In addition, publishers are asked to disclose to faculty the length of time they intend to produce the current edition and provide faculty free copies of each textbook selected. (Education Code § 66406)
   
2. The College Textbook Transparency Act requires each campus bookstore at any public postsecondary educational institution to post in its store or on its Web site a disclosure of the retail price policy on new and used textbooks. These provisions also encourage adopters to consider cost in the adoption of textbooks, require institutions to encourage adopters to place orders with sufficient lead time to enable the college bookstore to confirm the availability of the requested materials. This Act also requires textbook publishers to:
   
3. Respond in a timely manner to requests from faculty or other adopter for specified information, such as costs of textbooks.
   
4. Print on or in a textbook how new editions are different. (EC § 66406.7)
   
5. The College Textbook Affordability Act, establishes the Open Educational Resources Adoption Incentive Program to incentivize faculty to accelerate the adoption of lower cost, high-quality, open educational resources (OERs) at campuses of the CCC and the CSU. This program provides funding for faculty professional development, professional development for staff, OER curation activities, curriculum modification and requisite release time for faculty, and technology support. (EC § 67420)
   
6. Establishes the California Digital Open Source Library, administered by the CSU in coordination with the CCC, for the purpose of housing open source materials

while providing Web-based access for students, faculty and staff to find, adopt, utilize, or modify course materials for little or no cost. (EC § 66408)

1. Establishes the California Open Education Resources Council and requires the council to be responsible for, among other things, developing a list of 50 strategically selected lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials are to be developed or acquired. (EC § 66409)
   

ANALYSIS

This bill requires the academic senates of campuses of the California State University (CSU) and the University of California (UC) to develop policies regarding instructional materials to encourage efforts to reduce redundancy in the delivery of materials, and requires the CSU Trustees to review and adopt those policies. Specifically, this bill:

1. Requires the respective academic senates of campuses of the CSU and the UC, 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 limited to, textbooks and access codes.
   
2. Requires the policies to include, but not be limited to, all of the following:
   
   1. Guidelines prioritizing the use of ancillary and additional academic platforms and materials already available to enrolled students that are determined by faculty to meet the requirements of a course at no additional cost to enrolled students on their campuses or to the campus itself (excluding textbooks).
      
   2. A requirement that the cost of academic materials from the current semester or quarter be provided to faculty 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 faculty or an 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.
      
3. Requires the Trustees of the California State University (CSU) and requests the Regents of the University of California (UC) to review and adopt the policies developed for their respective campuses.
   
4. Defines “access code” as an identification number or password, or both, that is used to gain access to digital content.
   
5. States legislative intent to encourage faculty 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.
   

STAFF COMMENTS

1. Need for the bill. According to the author, “AB 1914 ensures that students are not paying for underutilized instructional materials by increasing the transparency of the instructional materials selection process for faculty and bookstores. For example, most recently, access codes are assigned along with textbooks. An access code is an identification number or password that is used to access digital content. Each student must purchase their access code; they cannot be shared. Access codes cost students $50 to $100 in addition to what they pay for all of the other instructional materials required for a course. Not only are access codes an additional cost, but sometimes they are used for tasks that could be completed by platforms already available to both professors and students on campus. For example, access codes have been used for the submission of assignments (without grading), storing and maintaining grades, and for communication between faculty members and students. The same concept can occur with textbooks when a student is assigned a book but are only assigned one chapter from the book.”
   
2. What’s new? Existing law encourages faculty to consider price, requires publishers to respond in a timely manner to requests from faculty for specified information including costs of textbooks, requires institutions to encourage adopters to place orders with sufficient lead time to enable the college bookstore to confirm the availability of the requested materials, and requires bookstores to post the price policy.
   
   This bill requires the academic senates of the CSU and UC to develop policies that include a requirement that the cost of academic materials from the current semester or quarter be provided to faculty by the campus bookstore when academic materials are being chosen for an upcoming academic term, if available. Currently, faculty may have this information only if the faculty requests it from publishers or from the bookstore.
   
   This bill requires the policies to include the establishment, in consultation with the campus bookstore, of deadlines by the campus for faculty or an 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. Generally, the current process consists of faculty submitting their lists of required and recommended instructional materials to the bookstore, and the bookstore fills the order (although some faculty work more cooperatively with the bookstore than described here). This bill requires policies that would essentially require faculty to submit lists of materials to the bookstore within a specified timeframe, the bookstore would research prices and options, and submit that information to the faculty, and the faculty would consider that information and subsequently submit the order for instructional materials (whether or not the faculty adjusted the list of materials based on information received by the bookstore).
   
3. Campus vs. system policies. This bill requires academic senates to develop policies for each campus, and requires the Trustees of the California State University (CSU) and requests the Regents of the University of California (UC) to review and adopt the policies developed for their respective campuses. Is it unclear how the governing board of a system would adopt numerous policies for each of their campuses. Staff recommends an amendment to instead require the policies developed by the academic senates to be forwarded to the Trustees and Regents for their review.
   
4. What about the community colleges? This bill does not apply to the academic senate of the California Community Colleges (CCC). The CCC has in place policies that address portions but not all provisions of this bill. Specifically, the CCC policy:
   
   1. Requires, where instructional materials are available to a student temporarily through a license or access fee, to be provided options at the time of purchase to maintain full access to the materials for varying periods of time ranging from the length of the class up to at least two years.
      
   2. Requires policies and regulations specifying the conditions under which instructional materials will be required to direct instructors to take reasonable steps to minimize the cost and endure the necessity of instructional materials.
      
   3. Prohibits required instructional materials from including materials used or designed primarily for administrative purposes, class management, course management or supervision.
      

Amendments taken in the Assembly removed the CCCs from this bill. It is unclear why the academic senates of the CCCs should not develop policies pursuant to this bill. The CCC policy is available through this link: [http://extranet.cccco.edu/Portals/1/AA/Miscellaneous/InstructionalMaterialsGuidelines1.28.13.pdf]

1. Access codes, the new CD ROM? An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes

are generally tied to specific textbooks; a student has to purchase the access code that accompanies the specific textbook. This bill does not prohibit the use of access codes.

1. Approved descriptors. This bill requires the policies developed by the academic senates to include, among other things, a determination 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. Background materials provided by the author describe situations where college bookstores label instructional materials as being “highly recommended” but do not indicate that those materials are recommended by the bookstore and not by the faculty.
   
2. Fiscal impact. According to the Assembly Appropriations Committee’s analysis, this bill would impose the following costs:
   
   1. California State University (CSU). Adopting and implementing the new policies at the CSU, assuming $5,000 per campus, would cost $115,000 (General Fund) annually. This would include coordination among staff to ensure awareness of the policy, provide the required information, and ensure compliance with posting requirements.
      
   2. University of California (UC). Minor and absorbable costs.
      
3. Related legislation. SB 1359 (Block, 2016) requires each campus of the California Community Colleges and the CSU, and requests each campus of the UC, to clearly highlight the courses that at least in part use digital course materials that are free of charge and have a low-cost option for print version. SB 1359 is pending referral in the Assembly.
   

SUPPORT

Academic Senate of the California State University

California State Student Association

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1914

Author:(Bonilla)

As Amended Ver:

Majority vote

SUMMARY: Requires respective academic senates of campuses of the California State University (CSU) and the University of California (UC), 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 and access codes. Specifically, this bill:

1. Expresses 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.
2. Requires respective academic senates of campuses of the CSU and the UC, 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 and access codes.
3. Specifies that the policies adopted 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, but 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 be provided to faculty members by the campus bookstore when academic materials are being chosen for an upcoming academic term or, 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 recommend textbooks and other instructional material 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; and,
   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.
4. Requires the CSU Board of Trustees and requests the UC Regents to, review and adopt the policies developed, as specified, for their respective campuses.
5. Defines "access code" as an identification number or password, or both, that is used to gain access to digital content.
6. Specifies that the definition of "textbook" has the same meaning, as defined in Section 66406.7 of the Education Code (EC).
7. Specifies that "function" includes, but is not necessarily limited to, the submission of assignments, collection of grades, and communication between faculty members and students.

EXISTING LAW:

1. Requires the CSU Trustees and the California Community College (CCC) Board of Governors, and requests the UC Regents to work with the academic senates to encourage faculty to give consideration to the least costly practices in assigning textbooks; to encourage faculty to disclose to students how new editions of textbooks are different from previous editions; and, the cost to students for textbooks selected, among other things. Current law also urges textbook publishers to provide information to faculty when they are considering what textbooks to order, and to post information on the publishers' Web sites, including "an explanation of how the newest edition is different from previous editions." Publishers are also asked to disclose to faculty the length of time they intend to produce the current edition and provide faculty free copies of each textbook selected (EC Section 66406).
2. Establishes the College Textbook Transparency Act, which, among others:
   1. Defines "textbook" as a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group, specifying that "textbook" does not include a novel;
   2. Defines "adopter" as any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution;
   3. Encourages adopters to consider cost in the adoption of textbooks; and,
   4. Requires each campus bookstore at any public postsecondary educational institution to post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks (EC Section 66406.7).
3. Requires, as of January 1, 2020, any person, firm or corporation that publishes textbooks offered for sale at the UC, CSU, CCC, or a private college or university, to make the textbooks available for sale in electronic format (EC Section 66410).
4. Establishes the College Textbook Affordability Act, which, among others:
   1. Encourages faculty to accelerate the adoption of lower cost, high-quality, open educational resources in order to reduce costs for college students;
   2. Establishes the Open Educational Resources Adoption Incentive Program ; and,
   3. Defines "open educational resources" as high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students (EC Section 67421, et seq.).

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. CSU. Adopting and implementing the new policies at the CSU, assuming $5,000 per campus, would cost $115,000 (General Fund) annually. This would include coordination among staff to ensure awareness of the policy, provide the required information, and ensure compliance with posting requirements.
2. UC. Minor and absorbable costs.

COMMENTS: Cost of instructional materials. According to the February 2015 Student Public Interest Research Groups (Student PIRGs) report, entitled, "Open Textbooks: The Billion-Dollar Solution," the cost of a college degree has increased significantly over the past decade. The report finds that, as of 2013, seven in 10 seniors at public and private nonprofit colleges, graduated with student loan debt; and, that as a nation, Americans hold over $1 trillion in student loan debt. Additionally, the report finds that, during the same time that the cost of obtaining a college degree increased, college textbook costs have skyrocketed. Though textbooks do not represent the majority of costs in pursuing a college degree, they are one of the largest out-of-pocket expenses that students face each year. The report states that, "Since 1978, college textbook costs have increased 812%. To put that in context, it means that textbook prices have increased at 3.2 times the rate of inflation."

Citing data from the College Board, the report finds that, the average undergraduate student should budget between $1,200 and $1,300 for textbooks and supplies each year; which averages to be as much as 40% of tuition at a two-year community college, and 13% at a four-year public institution.

A 2014 Student PIRG study found that 65% of students skipped buying or renting a textbook because it was too expensive, and 94% of those students felt that in so doing, their grade would suffer in a course. Additionally, almost half of the students said the cost of textbooks impacted how many courses they were able to take.

Open Educational Resources (OER). OER are educational materials such as textbooks, research articles, videos, assessments, or simulations that are either licensed under an open copyright license or are in the public domain. OERs provide no-cost access and no-cost permission to revise, reuse, remix, or redistribute the materials. According to a 2012 policy brief by the Center for American Progress and EDUCAUSE, digital OERs offer many advantages over traditional textbooks: they allow students and faculty to access textbooks and related materials for free online or purchase hardcopies that are more affordable than traditional textbooks; they enable faculty to customize learning materials to suit their course objectives; and, they can provide students with a more flexible set of tools that can contribute to a richer learning experience.

Access codes. An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes are generally tied to specific textbooks; a student has to purchase the access code that accompanies his or her specific textbook.

Not only are access codes an additional cost to students, access codes are used for tasks that could be completed by platforms already available to both professors and students on campus. For example, access codes have been used for the submission of assignments (without grading), storing and maintaining grades, and for communication between faculty members and students.

Purpose of this measure. According to the author, "An access code is an identification number or a password that is used to access digital content. Each student must purchase their access code, they cannot be shared. Access codes cost students $50 to $100 in addition to what they pay for all of the other instructional materials required for a course." The author contends that, the digital content protected by an access code can truly enhance a student's learning through informal assessments and immediate feedback. Many professors do not have teaching assistants and the access codes can provide a method to grade digital homework immediately without hours of additional work for the professor.

Recognizing the academic freedom of faculty, and the need for some oversight on how instructional materials are selected for students, this measure tasks the CSU Trustees and CCC BOG, and asks the UC Regents, to create specific policies as to what is acceptable for faculty to require of students when purchasing instructional materials, including, but not limited to, textbooks and access codes.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003352

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1914

Author:(Bonilla) – As Amended Ver:March 17, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires the California State University (CSU) Trustees and the California Community Colleges (CCC) Board of Governors (BOG), and requests the University of California (UC) Regents, to adopt policies for their respective segments, as specified, delineating when it is acceptable for faculty to require students to purchase academic materials, including textbooks and access codes.

1. Requires that these policies include:
   1. Requiring the campus bookstore to provide faculty members with the total cost of academic materials from the immediately preceding academic year when academic materials are being chosen for an upcoming academic term.
   2. Prohibiting the campus bookstore from posting “required material” next to academic materials it offers for sale unless the bookstore has received consent from the faculty member assigning the material or a staff member of the appropriate academic department.
2. Defines "access code" as an identification number or password, or both, that is used to gain access to digital content.

FISCAL EFFECT:

Adopting and implementing the new policies at CSU, assuming $5,000 per campus, would cost $115,000 (General Fund) annually. This would include coordination among staff to ensure awareness of the policy, provide the required information, and endure compliance with posting requirements. Assuming $3,000 per community college for the same activity, statewide reimbursable costs would be $339,000 (GF-Prop 98). The Chancellor's Office would incur one-time costs to revise its existing textbook policy, which was adopted in 2012. UC indicates that any costs would be minor and absorbable.

COMMENTS:

1. Background. According to the February 2015 Student Public Interest Research Groups report, "Open Textbooks: The Billion-Dollar Solution," the cost of a college degree has increased significantly over the past decade. The report finds that, during this same time, college textbook costs have also increased significantly.

Open Educational Resources (OER) are educational materials such as textbooks, research articles, videos, assessments, or simulations that are either licensed under an open copyright license or are in the public domain. OERs provide no-cost access and no-cost permission to revise, reuse, remix, or redistribute the materials. The state's College Textbook Affordability Act incentivizes faculty to accelerate adoption of OER.

An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes are generally tied to specific textbooks; a student has to purchase the access code that accompanies his or her specific textbook. Access codes are also used for tasks that could be completed by platforms already available to both professors and students on campus. For example, access codes have been used for the submission of assignments (without grading), storing and maintaining grades, and for communication between faculty members and students.

1. Purpose. According to the author, "Each student must purchase their access code, they cannot be shared. Access codes cost students $50 to $100 in addition to what they pay for all of the other instructional materials required for a course." The author contends that, the digital content protected by an access code can truly enhance a student’s learning through informal assessments and immediate feedback.

Recognizing the academic freedom of faculty, and the need for some oversight on how instructional materials are selected for students, AB 1914 requires adoption of policies as to what is acceptable for faculty to require of students when purchasing instructional materials, including, but not limited to, textbooks and access codes.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 1914 (

Author:Bonilla) – As Amended Ver:March 17, 2016

SUBJECT: Public postsecondary education: academic materials: textbooks: access codes.

SUMMARY: Requires the California State University (CSU) Trustees, the California Community Colleges (CCC) Board of Governors (BOG), and requests the University of California (UC) Regents, to adopt policies for their respective segments regarding when it is acceptable for faculty to require students to purchase academic materials, including, but not limited to, access codes. Specifically, this bill:

1. 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.
2. Requires the CSU Trustees, CCC BOG, and requests the UC Regents to, adopt policies for their respective segments regarding when it is acceptable for a faculty member to require students to purchase academic materials, including, but not necessarily limited to, textbooks and access codes.
3. Specifies that the policies adopted shall include, but not necessarily be limited to, all of the following:
   1. A prohibition of any requirement that students be required to purchase any academic materials for purposes of accessing resources that are otherwise available to these students or for performing functions that can be otherwise accomplished at no cost to these students on their campuses;
   2. A requirement that the total cost of academic materials from the immediately preceding academic year be provided to faculty members by the campus bookstore when academic materials are being chosen for an upcoming academic term or, if the cost of academic materials has not been determined for the immediately preceding academic year, as soon as is practicable; and,
   3. A requirement for the provision of a summary of the descriptors the campus bookstore may post next to the academic materials offered for sale. The campus bookstore shall not post “required material” next to academic materials it offers for sale unless it has received consent from the faculty member who assigned the material or from a staff member of the appropriate department.
4. Defines "access code" as an identification number or password, or both, that is used to gain access to digital content.
5. Specifies that the definition of "textbook" has the same meaning, as defined in Section 66406.7 of the Education Code (EC).
6. Specifies that "function" includes, but is not necessarily limited to, the submission of assignments, collection of grades, and communication between faculty members and students.

EXISTING LAW:

1. Requires the CSU Trustees and the CCC Board of Governors, and requests the UC Regents to work with the academic senates to encourage faculty to give consideration to the least costly practices in assigning textbooks; to encourage faculty to disclose to students how new editions of textbooks are different from previous editions; and, the cost to students for textbooks selected, among other things. Current law also urges textbook publishers to provide information to faculty when they are considering what textbooks to order, and to post information on the publishers’ Web sites, including “an explanation of how the newest edition is different from previous editions.” Publishers are also asked to disclose to faculty the length of time they intend to produce the current edition and provide faculty free copies of each textbook selected (EC Section 66406).
2. Establishes the College Textbook Transparency Act, which, among others:
   1. Defines "textbook" as a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group, specifying that "textbook" does not include a novel;
   2. Defines "adopter" as any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution;
   3. Encourages adopters to consider cost in the adoption of textbooks; and,
   4. Requires each campus bookstore at any public postsecondary educational institution to post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks (EC Section 66406.7).
3. Requires, as of January 1, 2020, any person, firm or corporation that publishes textbooks offered for sale at the UC, CSU, CCC, or a private college or university, to make the textbooks available for sale in electronic format (EC Section 66410).
4. Establishes the College Textbook Affordability Act, which, among others:
   1. Encourages faculty to accelerate the adoption of lower cost, high-quality, open educational resources in order to reduce costs for college students;
   2. Establishes the Open Educational Resources Adoption Incentive Program ; and,
   3. Defines “open educational resources” as high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students (EC Section 67421, et seq.).

FISCAL EFFECT: Unknown

COMMENTS: Cost of instructional materials. According to the February 2015 Student Public Interest Research Groups (Student PIRGs) report, entitled, "Open Textbooks: The Billion-Dollar Solution," the cost of a college degree has increased significantly over the past decade. The report finds that, as of 2013, seven in 10 seniors at public and private nonprofit colleges, graduated with student loan debt; and, that as a nation, Americans hold over $1 trillion in student loan debt. Additionally, the report finds that, during the same time that the cost of obtaining a college degree increased, college textbook costs have skyrocketed. Though textbooks do not represent the majority of costs in pursuing a college degree, they are one of the largest out-of-pocket expenses that students face each year. The report states that, "Since 1978, college textbook costs have increased 812 percent. To put that in context, it means that textbook prices have increased at 3.2 times the rate of inflation."

Citing data from the College Board, the report finds that, the average undergraduate student should budget between $1,200 and $1,300 for textbooks and supplies each year; which averages to be as much as 40 percent of tuition at a two-year community college, and 13 percent at a four-year public institution.

A 2014 Student PIRG study found that 65 percent of students skipped buying or renting a textbook because it was too expensive, and 94 percent of those students felt that in so doing, their grade would suffer in a course. Additionally, almost half of the students said the cost of textbooks impacted how many courses they were able to take.

Open Educational Resources (OER). OER are educational materials such as textbooks, research articles, videos, assessments, or simulations that are either licensed under an open copyright license or are in the public domain. OERs provide no-cost access and no-cost permission to revise, reuse, remix, or redistribute the materials. According to a 2012 policy brief by the Center for American Progress and EDUCAUSE, digital OERs offer many advantages over traditional textbooks: they allow students and faculty to access textbooks and related materials for free online or purchase hardcopies that are more affordable than traditional textbooks; they enable faculty to customize learning materials to suit their course objectives; and, they can provide students with a more flexible set of tools that can contribute to a richer learning experience.

Access codes. An access code is a password needed in order to access course content online. The content a student accesses depends on the course, but can include things such as practice exam questions, interactive videos, and course assignments. Access codes are not always included with a subscription to an electronic book. Additionally, access codes are generally tied to specific textbooks; a student has to purchase the access code that accompanies his or her specific textbook.

Not only are access codes an additional cost to students, access codes are used for tasks that could be completed by platforms already available to both professors and students on campus. For example, access codes have been used for the submission of assignments (without grading), storing and maintaining grades, and for communication between faculty members and students.

Purpose of this measure. According to the author, "An access code is an identification number or a password that is used to access digital content. Each student must purchase their access code, they cannot be shared. Access codes cost students $50 to $100 in addition to what they pay for all of the other instructional materials required for a course." The author contends that, the digital content protected by an access code can truly enhance a student’s learning through informal assessments and immediate feedback. Many professors do not have teaching assistants and the access codes can provide a method to grade digital homework immediately without hours of additional work for the professor.

Recognizing the academic freedom of faculty, and the need for some oversight on how instructional materials are selected for students, this measure tasks the CSU Trustees and CCC BOG, and asks the UC Regents, to create specific policies as to what is acceptable for faculty to require of students when purchasing instructional materials, including, but not limited to, textbooks and access codes.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Student Association (sponsor)

Opposition

California Federation of Teachers

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960