BILL NUMBER: SB 1052	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN SENATE  MAY 29, 2012

INTRODUCED BY   Senators Steinberg and Alquist
   (Principal coauthors: Senators De León, Liu, Pavley, and Yee)
   (Principal coauthors: Assembly Members Blumenfield  ,
Portantino,  and Solorio)

                        FEBRUARY 8, 2012

   An act to add Section 66409 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1052, as amended, Steinberg. Public postsecondary education:
California Open Education Resources Council.
   The Donahoe Higher Education Act authorizes the activities of the
4 segments of the postsecondary education system in the state. These
segments include the 3 public postsecondary segments: the University
of California, which is administered by the Regents of the University
of California, the California State University, which is
administered by the Trustees of the California State University, and
the California Community Colleges, which is administered by the Board
of Governors of the California Community Colleges. Private and
independent postsecondary educational institutions constitute the
other segment.
   Provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act, by
resolution, to make them applicable.
   Existing law urges textbook publishers to take specified actions
aimed at reducing the amounts that students pay for textbooks,
including providing to faculty and departments considering textbook
orders a list of all the different products the publisher sells.
Existing law requires the Trustees of the California State University
and the Board of Governors of the California Community Colleges, and
requests the Regents of the University of California, to take
specific actions with their respective academic senates, college and
university bookstores, and faculty to promote the selection of
textbooks that will result in cost savings to students.
   This bill would express legislative findings and declarations
relating to the cost of college and university textbooks. The bill
would add provisions to the Donahoe Higher Education Act to establish
the California Open Education Resources Council under the
administration of the Intersegmental Committee of the Academic
Senates of the University of California, the California State
University, and the California Community Colleges, or a successor
group. The bill would specify that the council would have 9 members,
including 3 faculty members from each of the public postsecondary
segments, selected by the respective faculty senates of each segment.

   The bill would require the California Open Education Resources
Council to determine a list of the 50 most widely taken lower
division courses in the public postsecondary segments. The bill would
also require the council to review and approve developed open source
materials and to promote strategies for production, access, and use
of open source textbooks to be placed on reserve at campus libraries
in accordance with this section.
   The bill would require that the council, as a condition for the
purchase of these textbooks by a bookstore on a campus of the
University of California, the California State University, or the
California Community Colleges, require a publisher of a textbook that
is to be placed on reserve pursuant to this section to provide each
campus of the University of California, the California State
University, or the California Community Colleges at which the
textbook is used with at least 3 copies of that textbook, at no cost,
for placement on reserve at a campus library.
   The bill would require the council to establish a competitive
request-for-proposal process in which faculty members, publishers,
and other interested parties would apply for funds to produce, in
2013, 50 high-quality, affordable, digital open source textbooks and
related materials, meeting specified requirements. 
   The bill also would require the council to submit a report to the
Legislature and the Governor on the progress of the implementation of
these provisions by July 1, 2014, and to submit a final report by
January 1, 2016. 
   These provisions would become operative only if sufficient funding
for the purposes of this bill is provided in the annual Budget Act
or another statute, or through federal or private funds, or through a
combination of state, federal, and private funds.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) The cost of attending California's public colleges and
universities has skyrocketed in recent years. While fees often tend
to be the most visible cost, other non-tuition-related costs, like
the cost of textbooks, significantly burden both students and their
families.
   (2) For example, the average annual student budget for textbooks
at California's community colleges can be almost 150 percent of the
cost of tuition. Recent studies show that, due to the cost of
textbooks, many students forego purchasing them altogether. For many
students receiving the Cal Grant B stipend intended for books and
other living expenses, such as transportation, rent, and food, their
entire stipend may be spent on textbooks alone.
   (3) Through a $25 million, state-led strategic investment in Open
Education Resources (OER), California can offer students in the 50
most widely taken lower division courses the highest quality
textbooks and related materials for free online or for about $20 per
hardcopy.
   (4) This move will bring California's college and university
experience into the 21st century while providing students and their
families sorely needed financial relief, and while providing faculty
more flexible and dynamic tools to enhance student success.
   (b) It is, therefore, the intent of the Legislature to produce 50
high-quality, affordable, digital open source textbooks and related
material for use at the University of California, the California
State University, and the California Community Colleges.
  SEC. 2.  Section 66409 is added to the Education Code, to read:
   66409.  (a) The California Open Education Resources Council is
hereby established. The council shall be composed of faculty leaders
from the three segments of public postsecondary education, and shall
be administered by the Intersegmental Committee of the Academic
Senates of the University of California, the California State
University, and the California Community Colleges, or a successor
group.
   (b) The council shall have nine members: three members shall be
faculty of the University of California, selected by the Academic
Senate, University of California; three members shall be faculty of
the California State University, selected by the Academic Senate of
the California State University; and three members shall be community
college faculty, selected by the Academic Senate for California
Community Colleges.
   (c) The council shall be responsible for accomplishing all of the
following:
   (1) Development of a list of the 50 most widely taken lower
division courses in the public postsecondary segments.
   (2) Creation and administration of a standardized, rigorous review
and approval process for open source materials developed pursuant to
this section.
   (3) Promotion of strategies for production, access, and use of
open source materials.
   (4) For the 50 most widely taken lower division courses in the
public postsecondary segments, as a condition for the purchase of
textbooks for those courses by a bookstore on a campus of the
University of California, the California State University, or the
California Community Colleges, requiring that the publisher provide
the campus with at least three copies of the textbook at no cost, for
placement on reserve at the campus library.
   (d) The council shall establish a competitive request for proposal
process in which faculty members, publishers, and other interested
parties may apply for funds to produce the 50 high-quality,
affordable, digital open source textbooks and related materials in
2013. 
   (e) The council shall submit a report to the Legislature and the
Governor on the progress of the implementation of this section by
July 1, 2014, and submit a final report by January 1, 2016. 

   (e) 
    (f)  The textbooks and other materials produced pursuant
to this section shall comply with all of the following requirements:

   (1) The textbooks and other materials are placed under a creative
commons attribution license that allows others to use, distribute,
and create derivative works based upon the digital material while
still allowing the authors or creators to receive credit for their
efforts.
   (2) The textbooks and other materials are modular in order to
allow easy customization, and are encoded in an Extensible Markup
Language (XML) format, or other appropriate successor format, so that
the materials can be made available on the widest possible range of
platforms, such as the Internet, tablets, smartphones, print, or
other platforms, and so that they are accessible by persons with
disabilities.
   (3) The textbooks and other materials are submitted to, and housed
within, the California Open Source Digital Library, when and if that
library is established pursuant to statute.
  SEC. 3.  Sections 1 and 2 of this act shall become operative only
if sufficient funding for the purposes of this act is provided in an
appropriation in the annual Budget Act or another statute, or through
federal or private funds, or through a combination of state,
federal, and private funds.