AB 798, as amended, Bonilla. College Textbook Affordability Act of 2015.
(1) Existing law establishes the segments of the postsecondary education system in the state, including 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.
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 create the Open Educational Resources Adoption Incentive Fund in the State Treasury to provide incentives and reward
begin delete campus andend delete 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, begin delete faculty release time,end delete or technology support for begin delete facultyend delete and students, as specified. The bill would authorize the local academic senate of a campus of the California State University
or the California Community Colleges to (1) 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, and (2) upon adoption of the resolution, develop a specified plan that describes evidence of the campus’s commitment and readiness to spend grant money from the fund to support faculty adoption of open educational resources. The bill would require the California Open Education Resources Council to review and approve begin delete the resolution andend delete the plan, and, if begin delete they meetend delete these and other specified requirements, would authorize an initial grant of up to $10,000 to begin delete a local campus
of the California State University or the California Community Collegesend delete from the fund. The bill would require additional bonus grants of up to $10,000 to be distributed to participating campuses if certain benchmarks are met. The bill would require a grant recipient to report to the California Open Education Resources Council as to whether its benchmarks have been reached begin delete andend delete it is eligible for the bonus grants. The bill would begin delete alsoend delete
require the begin delete California Open Education Resources Councilend delete to report to the Legislature before July 1 of each year, commencing in 2018, as to whether the grants are increasing the rate of adoption of open educational resources and decreasing textbook costs for college students.
The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.
(2) Existing law appropriates, from specified funds, $5,000,000 to the Chancellor of the California State University to fund, among other things, the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library. Existing law reverts any of this $5,000,000 that is not 100% matched by private funds to a specified trust.
This bill would specify that those funds may be used for purposes of the College Textbook Affordability Act of 2015, and would specify that funds appropriated for those purposes shall not be required to be matched by private funds.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Part 40.1 (commencing with Section 67420) is
2added to Division 5 of Title 3 of the Education Code, to read:
This part shall be known, and may be cited, as the
8College Textbook Affordability Act of 2015.
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. This
14initiative shall use, in addition to any other appropriate resources,
15those identified, housed, produced, and otherwise found appropriate
16pursuant to the California Open Education Resources Council
17established in Section 66409 and the California Digital Open
18Source Library established in Section 66408.
(a) The Open Educational Resources Adoption
20Incentive Fund is hereby created in the State Treasury to provide
21incentives and reward campus and faculty efforts to accelerate
22adoption of open educational resources for the purpose of reducing
23students’ costs and improving access to quality materials.
24(b) Moneys in the fund shall be used, upon appropriation
25by the Legislature, by community college and California State
26University campuses to create and support
begin delete facultyend delete
begin delete development, openend delete
31 educational resource curation
begin delete activities, faculty release
32time, technologyend delete
P4 1 support for
begin delete faculty andend delete students, begin delete or
2some combination of these uses. Moneysend delete
5 in the fund shall not be used for direct compensation
6for faculty members who adopt open educational
begin delete resources.end delete
8(c) For the purposes of this act, a “community college campus”
9is a community college campus site that has a local academic
(a) As used in this part, “fund” shall mean the Open
12Educational Resources Adoption Incentive Fund.
13(b) As used in this part, “open educational resources” are
14high-quality teaching, learning, and research resources that reside
15in the public domain or have been released under an intellectual
16property license that permits their free use and repurposing by
17 others, and may include other resources that are legally available
18and free of cost to students. “Open educational resources” include,
19but are not limited to, full courses, course materials, modules,
20textbooks, faculty-created content, streaming videos, tests,
21software, and any other tools, materials, or techniques used to
22support access to knowledge.
(a) The local academic senate of a campus of the
24California State University or the California Community Colleges
25may adopt a local campus resolution, in collaboration with students
26and the administration, stating its intent to increase student access
27to high-quality open educational resources.
28(b) Upon adoption of the local campus resolution,
29may develop a plan that describes evidence of the campus’s
30commitment and readiness to effectively spend grant money from
31the fund to support faculty adoption of open educational resources.
34(1) The creation of the plan shall be a collaboration between
35the campus academic senate and the recognized campus student
36body organization, with input solicited by the
38campus academic senate or the recognized campus student body
39organization from the local campus bookstore. The California
40Open Education Resources Council, established in Section 66409,
P5 1may provide expertise on available open educational resources
2and best practices for the adoption of open educational resources
3for existing courses to assist in the development of the plan.
4(2) The plan shall include continued access to
begin delete a hard copy ofend delete
5 open educational resource materials selected by faculty for use
6through the local campus
8shall ensure access to materials offline for students.
9(3) (A) Each plan shall include three benchmarks, focusing on
10reducing costs for students and increasing the adoption of
11high-quality open educational resources consisting of a year one
12goal, a year two goal, and a year three goal.
13(B) Each local campus shall determine its own benchmarks.
14(4) Plans that utilizeend delete
22 available open educational resources,
23including, but not limited to, California Open Online Library for
24Education (COOL4Ed) and Multimedia Educational Resource for
25Learning and Online Teaching
begin delete (MERLOT) shall receive priority
26for receiving grants.end delete
36(c) (1) Each local campus may submit the resolution and the
37plan developed pursuant to subdivisions (a) and (b) to the
38California Open Education Resources Council for an initial grant
39from the fund.
P6 1(2) The California Open Education Resources Council shall
2review the submitted
begin delete resolution andend delete
plan and, if begin delete they meetend delete
3 the requirements of this part, approve
begin delete them.end delete
23 An initial grant shall not exceed ten thousand dollars
25(d) (1) Each year after a campus receives an initial grant, for
26up to three years, the campus shall receive a bonus grant from the
27fund for meeting established performance benchmarks for
28accelerating usage of open educational resources in courses,
29according to the following schedule:
30(A) A campus shall receive a bonus grant of up to ten thousand
31dollars ($10,000) for reaching its first benchmark in using open
32educational resources on campus and decreasing textbook costs
33for students in the first year of implementation.
34(B) A campus shall receive a bonus grant of up to ten thousand
35dollars ($10,000) for reaching its second benchmark in using open
36educational resources on campus and decreasing textbook costs
37for students in the second year of implementation.
38(C) A campus shall receive a bonus grant of up to ten thousand
39dollars ($10,000) for reaching its third benchmark in using open
40educational resources on campus and decreasing textbook costs
P7 1for students in the third year of implementation. For bonus grants
2issued for reaching the third benchmark, if applications exceed the
3amount of available grant funds, priority shall be given by the
4California Open Education Resources Council to plans submitted
5pursuant to subdivision (c) that achieve cost savings for students
6through collaborations with one or more campuses. These
7collaborations may form within a segment, or across different
17 The bonus grants shall be used for
begin delete facultyend delete
begin delete development, openend delete
22 educational resource curation
begin delete activities, technologyend delete
25 support for
begin delete faculty andend delete students, begin delete faculty
26release time, or some combination of these uses.end delete
29(e) A grant recipient shall report to the California Open
30Education Resources Council as to whether its benchmarks have
begin delete andend delete it is eligible for bonus
32grants pursuant to paragraph (1) of subdivision (d). This report
33shall include an explanation of how the recipient used available
34open educational resources, including, but not limited to,
35COOL4Ed and MERLOT, to accomplish its goals pursuant to this
36part more efficiently.
begin delete California Open Education Resources Councilend delete
38 shall report to the
39Legislature before July 1 each year, commencing in 2018, as to
40whether the grants are increasing the rate of adoption of open
P8 1educational resources and decreasing textbook costs for college
3(g) A local academic senate of a campus of the California State
4University or the California Community Colleges may commence
5its application by adopting a local campus resolution as of January
61, 2016, pursuant to subdivision (a). The California Open Education
7Resources Council shall be ready to review grant applications on
8or before March 1, 2016.
This part shall become inoperative on July 1, 2020,
10and, as of January 1, 2021, is repealed, unless a later enacted
11statute, that becomes operative on or before January 1, 2021,
12deletes or extends the dates on which it becomes inoperative and
Section 69999.6 of the Education Code is amended to
(a) In enacting this article, it is the intent of the
17Legislature to accomplish all of the following:
18(1) Provide explicit authority to the board to continue to
19administer accounts for, and make awards to, persons who qualified
20for awards under the provisions of the Governor’s Scholarship
21Programs as those provisions existed on January 1, 2003, prior to
22the repeal of former Article 20 (commencing with Section 69995).
23(2) Provide for the management and disbursement of funds
24previously set aside for the scholarship programs authorized by
25former Article 20 (commencing with Section 69995).
26(3) Provide a guarantee should additional funds be needed to
27cover awards authorized and made pursuant to former Article 20
28(commencing with Section 69995).
29(b) The board may manage and disburse the funds previously
30set aside for the scholarship programs authorized by former Article
3120 (commencing with Section 69995).
32(c) If a person has earned an award under the Governor’s
33Scholarship Programs on or before January 1, 2003, but has not
34claimed the award on or before June 30, 2004, he or she still may
35claim the award by a date that is five years from the first June 30
36that fell after he or she took the qualifying test. An award shall not
37be made by the board after that date.
38(d) The board shall negotiate
with the current manager of the
39Governor’s Scholarship Programs and execute an amended or new
P9 1management and funding agreement, before January 1, 2013, which
2shall include, but not be limited to, all of the following:
3(1) Terms providing for the return to the General Fund by no
4later than January 1, 2013, of moneys appropriated to the
5Governor’s Scholarship Programs that are not anticipated to be
6needed to make awards pursuant to paragraphs (1) and (2) of
8(2) Provisions that authorize the board to pay agreed-upon early
9withdrawal penalties or fees.
10(3) Terms that extend to the final date upon which the board
11may withdraw funds for a person who earned an award under the
12Governor’s Scholarship Programs.
13(e) (1) If funds retained in the Golden State Scholarshare Trust
14after January 1, 2013, are insufficient to cover the remaining
15withdrawal requests, it is the intent of the Legislature to appropriate
16the necessary funds to the Golden State Scholarshare Trust for the
17purpose of funding individual beneficiary accounts.
18(2) The board shall notify the Department of Finance and the
19Legislature no later than 10 working days after determining that
20a shortfall in available funding described in paragraph (1) will
22(f) (1) Of the funds transferred to the General Fund pursuant
23to paragraph (1) of subdivision (d), five million dollars
24($5,000,000) is hereby appropriated to the Chancellor of the
25California State University, without regard to fiscal years, to fund
26the establishment and administration of the California Open
27Education Resources Council and the California Digital Open
28Source Library, and the development or acquisition of open
29education resources, or any combination thereof, pursuant to
30legislation enacted in the 2011-12 Regular Session of the
31Legislature, or for the funding of grants and administrative costs
32pursuant to the College Textbook Affordability Act of 2015 (Part
3340.1 (commencing with Section 67420) of Division 5). The
34chancellor may provide reimbursement to the California
35Community Colleges and the University of California for costs
36those segments, or their representatives, incur in association with
37the activities described in this paragraph.
38(2) (A) Moneys, or a
portion of moneys, appropriated pursuant
39to paragraph (1) shall not be encumbered unless at least 100 percent
40of that amount encumbered is matched by private funds. Moneys
P10 1appropriated pursuant to paragraph (1) that are not matched by
2private funds shall revert to the Golden State Scholarshare Trust
3for purposes of the Governor’s Scholarship Programs.
4(B) Notwithstanding subparagraph (A), moneys appropriated
5for purposes of the College Textbook Affordability Act
6 shall not be required to be matched by private funds.
16(g) The board may adopt rules and regulations for the
17implementation of this article.