Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 798


Introduced by Assembly Member Bonilla

February 26, 2015


An act to addbegin delete Section 66409.5 toend deletebegin insert and repeal end insertbegin insertPart 40.1 (commencing with Section 67420) of Division 5 of Title 3 ofend insert the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 798, as amended, Bonilla. begin deletePostsecondary education: course materials. end deletebegin insert College Textbook Affordability Act of 2015.end insert

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Existing law establishes the segments of the postsecondary education system in the state, including the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges.

end insert
begin insert

This bill would establish the College Textbook Affordability Act of 2015 to reduce costs for college students by encouraging faculty to accelerate the adoption of lower cost, high-quality open educational resources, as defined. The bill would provide that funding for this act is to be provided in the annual Budget Act.

end insert
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The bill would create the Open Educational Resources Adoption Incentive Fund in the State Treasury to provide incentives and reward campus and faculty efforts to accelerate the adoption of open educational resources. The bill would require that moneys in the fund be used by campuses to create and support faculty professional development, open educational resource curation activities, or technology support for the faculty, as specified. The bill would authorize the local academic senate of a campus to adopt a local campus resolution, in collaboration with students and the administration, stating its intent to increase student access to high-quality open educational resources. The bill would require the respective segment office to review and approve the resolution and an initial grant to a local campus from the fund for an unspecified amount for the purpose of establishing a plan and strategy, as specified. The bill would require additional bonus grants of unspecified amounts to be distributed to participating campuses if certain benchmarks are met. The bill would require a grant recipient to report to its respective segment office as to whether its benchmarks have been reached and it is eligible for the bonus grants. The bill would also require the Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California to report to the Legislature before July 1 of each year as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students.

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begin insert

The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

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The Donahoe Higher Education Act sets forth the missions and functions of the segments of the higher education system in the state. These segments include the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and private and independent institutions of higher education.

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Provisions of the act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable.

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This bill would amend the act to require the board of governors and the trustees, and request the regents and each governing body of an accredited private postsecondary educational institution, to support the development, use, accessibility, and ongoing maintenance of course materials, including open textbooks and other open educational resources, and submit an annual report to the Legislature, on or before July 31, 2017, and on or before each July 31 thereafter, on the implementation, progress, and administration of those efforts at their respective institutions.

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertPart 40.1 (commencing with Section 67420) is
2added to Division 5 of Title 3 of the end insert
begin insertEducation Codeend insertbegin insert, to read:end insert

begin insert

3 

4PART begin insert40.1.end insert  College Textbook Affordability Act of
52015

6

 

7

begin insert67420.end insert  

This part shall be known, and may be cited, as the
8College Textbook Affordability Act of 2015.

9

begin insert67421.end insert  

(a) The College Textbook Affordability Act of 2015 is
10hereby established to reduce costs for college students by
11encouraging faculty to accelerate the adoption of lower cost,
12high-quality, open educational resources. Faculty development
13shall be a key component of this acceleration initiative.

14(b) Funding for this act shall be provided in the annual Budget
15Act.

16

begin insert67422.end insert  

(a) The Open Educational Resources Adoption
17Incentive Fund is hereby created in the State Treasury to provide
18incentives and reward campus and faculty efforts to accelerate
19adoption of open educational resources for the purpose of reducing
20students’ costs and improving access to quality materials.

21(b) Moneys in the fund shall be used by community college,
22California State University, and University of California campuses
23to create and support faculty professional development, open
24educational resource curation activities, technology support for
25the faculty, or some combination thereof. Moneys in the fund shall
26not be used for direct compensation for faculty members who adopt
27open educational resources.

28

begin insert67423.end insert  

(a) As used in this part, “fund” shall mean the Open
29Educational Resources Adoption Incentive Fund.

30(b) As used in this part, “open educational resources” mean
31high-quality teaching, learning, and research resources that reside
32in the public domain or have been released under an intellectual
33property license that permits their free use and repurposing by
34others. “Open educational resources” includes, but is not limited
35to, full courses, course materials, modules, textbooks, streaming
P4    1videos, tests, software, and any other tools, materials, or techniques
2used to support access to knowledge.

3

begin insert67424.end insert  

(a) The local academic senate of a campus of the
4University of California, the California State University, or the
5California Community Colleges may adopt a local campus
6resolution, in collaboration with students and the administration,
7stating its intent to increase student access to high-quality open
8educational resources.

9(b) Upon adoption of the local campus resolution, the campus
10may submit the resolution to the respective segment office for an
11initial grant from the fund to establish a plan and strategy for
12accelerating adoption of high-quality open educational resources
13on its campus, and developing the accompanying professional
14development.

15(1) The creation of the plan and strategy shall be a collaboration
16between the campus academic senate and the recognized campus
17student body organization.

18(2) The strategy shall include continued access to a hard copy
19of materials through the local campus bookstore and ensure access
20to materials offline for students.

21(3) (A) Each plan shall include three benchmarks, focusing on
22reducing costs for students and increasing the adoption of
23high-quality open educational resources consisting of a year one
24goal, a year two goal, and a year three goal.

25(B) Each local campus shall determine its own benchmarks.

26(C) Oversight of these benchmarks shall be provided when the
27grants are approved by the respective segment office.

28(c) The respective segment office shall review and, if it meets
29the requirements of this part, approve the resolution, and the initial
30grant shall be administered by the designated segment office in
31collaboration with the campus president, provost, or chief
32academic officer and the recognized campus student body
33organization.

34(1) The designated segment office for the California Community
35Colleges may be the Success Center for California Community
36Colleges or another appropriate office.

37(2) The designated segment office for the California State
38University may be the Academic Technology Services or another
39appropriate office.

P5    1(3) The initial grant shall be approved for not more than ____
2dollars ($____).

3(d) (1) Each year after a campus receives an initial grant, for
4up to three years, the campus shall receive a bonus grant from the
5fund for meeting established performance benchmarks for
6accelerating usage of open educational resources in courses,
7according to the following schedule:

8(A) A campus shall receive a bonus grant of up to ____ dollars
9($____) for reaching its first benchmark in using open educational
10resources on campus and decreasing textbook costs for students
11in the first year of implementation.

12(B) A campus shall receive a bonus grant of up to ____ dollars
13($____) for reaching its second benchmark in using open
14educational resources on campus and decreasing textbook costs
15for students in the second year of implementation.

16(C) A campus shall receive a bonus grant of up to ____ dollars
17($____) for reaching its third benchmark in using open educational
18resources on campus and decreasing textbook costs for students
19in the third year of implementation.

20(2) The bonus grants shall be used for faculty professional
21development, open educational resource curation activities,
22technology support for the faculty, or some combination thereof,
23administered by the local academic senate in collaboration with
24the campus president, provost, or chief academic officer and the
25recognized campus student body organization.

26(e) A grant recipient shall report to its respective segment office
27as to whether its benchmarks have been reached and it is eligible
28for bonus grants pursuant to paragraph (1) of subdivision (d).

29(f) The Chancellor of the California Community Colleges, the
30Chancellor of the California State University, and the President
31of the University of California shall report to the Legislature before
32July 1 each year as to whether the grants are increasing the rate
33of adoption of open educational resources and decreasing textbook
34costs for college students.

35

begin insert67425.end insert  

This part shall become inoperative on July 1, 2020,
36and, as of January 1, 2021, is repealed, unless a later enacted
37statute, that becomes operative on or before January 1, 2021,
38deletes or extends the dates on which it becomes inoperative and
39is repealed.

end insert
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P6    1

SECTION 1.  

Section 66409.5 is added to the Education Code,
2to read:

3

66409.5.  

(a) The Board of Governors of the California
4Community Colleges and the Trustees of the California State
5University shall, and the Regents of the University of California
6and each governing body of an accredited private postsecondary
7educational institution are requested to, support the development,
8use, accessibility, and ongoing maintenance of course materials,
9including open textbooks and other open educational resources,
10that can help students receive the full value of their educational
11investment.

12(b) Notwithstanding Section 10231.5 of the Government Code,
13the trustees and the board of governors shall, and the regents and
14each governing body of an accredited private postsecondary
15educational institution are requested to, submit an annual report
16to the Legislature, on or before July 31, 2017, and on or before
17each July 31 thereafter, on the implementation, progress, and
18administration of this section at their respective institutions.

19(c) A report to be submitted pursuant to subdivision (b) shall
20be submitted in compliance with Section 9795 of the Government
21Code.

end delete


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