Amended in Senate July 1, 2015

Amended in Assembly June 2, 2015

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 amend Section 69999.6 of, and to add and repeal Part 40.1 (commencing with Section 67420) of Division 5 of Title 3 of, the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

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 rewardbegin delete campus andend deletebegin insert campus, staff, andend insert 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 facultybegin insert and staffend insert professional development, open educational resource curation activities,begin delete faculty release time,end deletebegin insert curriculum modification,end insert or technology support forbegin delete facultyend deletebegin insert faculty, staff,end insert 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 approvebegin delete the resolution andend delete the plan, and, ifbegin delete they meetend deletebegin insert it meetsend insert these and other specified requirements, would authorizebegin insert the respective segment office for the campus to awardend insert an initial grant of up to $10,000 tobegin delete a local campus of the California State University or the California Community Collegesend deletebegin insert the campusend insert 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.begin insert The bill would cap the number of plans that may be approved by the California Open Education Resources Council each award year at 100.end insert The bill would require a grant recipient to report to the California Open Education Resources Council as to whether its benchmarks have been reachedbegin delete andend deletebegin insert to determine whetherend insert it is eligible for the bonus grants. The bill wouldbegin delete alsoend delete require thebegin delete California Open Education Resources Councilend deletebegin insert Intersegmental Committee of Academic Senatesend insert 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:

P3    1

SECTION 1.  

Part 40.1 (commencing with Section 67420) is
2added to Division 5 of Title 3 of the Education Code, to read:

3 

4PART 40.1.  College Textbook Affordability Act
5of 2015

6

 

7

67420.  

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

9

67421.  

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.

19

67422.  

(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) begin insert(1)end insertbegin insertend insertMoneys in the fund shall be used, upon appropriation
25by the Legislature, by community college and California State
26University campuses to create and supportbegin delete facultyend deletebegin insert any, or some
27combination, of the following purposes:end insert

28begin insert(A)end insertbegin insertend insertbegin insertFacultyend insert professionalbegin delete development, openend deletebegin insert development.end insert

begin insert

29(B) Professional development for staff whose work relates to
30the use of, or student access to, open educational resources.

end insert

31begin insert(C)end insertbegin insertend insertbegin insertOpenend insert educational resource curationbegin delete activities, faculty release
32time, technologyend delete
begin insert activities.end insert

begin insert

33(D) Curriculum modification.

end insert

P4    1begin insert(E)end insertbegin insertend insertbegin insertTechnologyend insert support forbegin delete faculty andend deletebegin insert faculty,end insert students,begin delete or
2some combination of these uses. Moneysend delete
begin insert and staff whose work
3relates to the use of, or student access to, open educational
4resources.end insert

5begin insert(2)end insertbegin insertend insertbegin insertMoneysend insert in the fund shall not be used for direct compensation
6for faculty members who adopt open educationalbegin delete resources.end delete
7begin insert resources or for purchasing new equipment.end insert

8(c) For the purposes of this act, a “community college campus”
9is a community college campus site that has a local academic
10senate.

11

67423.  

(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.

23

67424.  

(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, the campus
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.
32begin insert The California Open Education Resources Council may provide
33a model plan to campuses.end insert

34(1) The creation of the plan shall be a collaboration between
35the campus academic senate and the recognized campus student
36body organization,begin insert if the recognized campus student body
37organization wants to be involved,end insert
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 tobegin delete a hard copy ofend delete
5 open educational resource materials selected by faculty for use
6throughbegin insert either the availability of a hard copy atend insert the local campus
7bookstorebegin insert or access to materials on PDF to print on campus,end insert and
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.

begin delete

14(4) Plans that utilize

end delete
begin insert

15(4) Each plan that demonstrates the following readiness
16requirements shall be given priority for approval in accordance
17with paragraph (2) of subdivision (c):

end insert
begin insert

18(A) A plan with concrete benchmarks that demonstrate
19quantifiable outcomes to be achieved from its implementation,
20including, but not limited to, an estimate of the range of money to
21be saved per student from the plan’s implementation.

end insert

22begin insert (B)end insertbegin insertend insertbegin insertA plan that utilizesend insert available open educational resources,
23including, but not limited to, California Open Online Library for
24Education (COOL4Ed) and Multimedia Educational Resource for
25Learning and Online Teachingbegin delete (MERLOT) shall receive priority
26for receiving grants.end delete
begin insert (MERLOT).end insert

begin insert

27(C) A plan that provides an estimate of the amount of money to
28be saved per student from the plan’s implementation.

end insert
begin insert

29(D) A plan that provides an estimate of the number of academic
30departments expected to be involved in the plan’s implementation.

end insert
begin insert

31(E) A plan that describes how existing faculty development
32programs will be enhanced by the plan’s implementation.

end insert
begin insert

33(F) A plan that provides an assessment of the costs for students
34to purchase course materials, as determined by the California
35Open Education Resources Council.

end insert

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 submittedbegin delete resolution andend delete plan and, ifbegin delete they meetend deletebegin insert it meetsend insert
3 the requirements of this part, approvebegin delete them.end deletebegin insert it.end insert

begin insert

4(3) Plans shall be submitted and approved in one of two rounds.
5Plans submitted from October 2 to April 1, inclusive, of each
6academic year shall be reviewed as round one plans. Plans
7submitted from April 2 to October 1, inclusive, of a calendar year
8shall be reviewed as round two plans.

end insert
begin insert

9(4) The California Open Education Resources Council shall
10approve up to 100 plans per year. A plan not approved in a round
11may be resubmitted by the campus for approval in future rounds,
12as determined by the California Open Education Resources
13Council. Each campus may only have one plan approved for
14purposes of the grant program.

end insert
begin insert

15(5) Each plan approved by the California Open Education
16Resources Council shall be submitted by the council to the
17appropriate segment office. The segment office shall award grants
18to recipients in accordance with this section.

end insert
begin insert

19(6) Administrative support may be provided to the council by
20COOL4Ed to help the council carry out its duties in accordance
21with this part.

end insert
begin delete

22(3)

end delete

23begin insert(7)end insert An initial grant shall not exceed ten thousand dollars
24($10,000).

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
8segments.

begin insert

9(2) If money is available in the Open Educational Resources
10Adoption Incentive Fund after the first bonus grants for reaching
11the third benchmark pursuant to subparagraph (C) of paragraph
12(1) are awarded, additional bonus grants shall be made available
13to recipients, as determined by the segment offices, in consultation
14with the California Open Education Resources Council, until there
15is no money left in the fund.

end insert
begin delete

16(2)

end delete

17begin insert(3)end insert The bonus grants shall be used forbegin delete facultyend deletebegin insert any, or some
18combination, of the following purposes:end insert

19begin insert (A)end insertbegin insertend insertbegin insertFacultyend insert professionalbegin delete development, openend deletebegin insert development.end insert

begin insert

20(B) Professional development of staff whose work relates to the
21use of, or student access to, open educational resources.

end insert

22begin insert(C)end insertbegin insertend insertbegin insertOpenend insert educational resource curationbegin delete activities, technologyend delete
23begin insert activities.end insert

begin insert

24(D) Curriculum modification.

end insert

25begin insert(E)end insertbegin insertend insertbegin insertTechnologyend insert support forbegin delete faculty andend deletebegin insert faculty,end insert students,begin delete faculty
26release time, or some combination of these uses.end delete
begin insert and staff whose
27work relates to the use of, or student access to, open educational
28resources.end insert

29(e) A grant recipient shall report to the California Open
30Education Resources Council as to whether its benchmarks have
31been reachedbegin delete andend deletebegin insert to determine whetherend insert 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.

37(f) Thebegin delete California Open Education Resources Councilend delete
38begin insert Intersegmental Committee of Academic Senatesend insert 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
2students.

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.

9

67425.  

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
13is repealed.

14

SEC. 2.  

Section 69999.6 of the Education Code is amended to
15read:

16

69999.6.  

(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
7subdivision (a).

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
21occur.

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 Actbegin insert of 2015end insert
6 shall not be required to be matched by private funds.

begin insert

7(C) Twenty-five percent of each grant awarded to a campus
8shall be matched by the campus and used by the campus to ensure
9administrative and faculty support of the campus’ plan that was
10submitted and approved in accordance with Section 67424.

end insert
begin insert

11(D) Money provided to a member of the California Open
12Education Resources Council for purposes of the council carrying
13out its duties in accordance with this part shall not exceed three
14thousand dollars ($3,000) total and shall be provided as a stipend.
15No additional money shall be provided for travel purposes.

end insert

16(g) The board may adopt rules and regulations for the
17implementation of this article.



O

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