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 campus, staff, 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 and staff professional development, open educational resource curation activities, curriculum modification, or technology support for faculty, staff, 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 the plan, and, if it meets these and other specified requirements, would authorize the respective segment office for the
campus to award an initial grant of up to $10,000 to the campus 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 cap the number of plans that may be approved by the California Open Education Resources Council each award
begin delete year at 100.end delete The bill would require a grant recipient to report to the California Open Education Resources Council as to whether its benchmarks have been reached to determine whether it is eligible for the bonus grants. The bill would require the Intersegmental Committee of Academic Senates 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) (1) Moneys in the fund shall be used, upon appropriation
25by the Legislature, by community college and California State
26University campuses to create and support any, or some
27combination, of the following purposes:
P4 1(A) Faculty professional
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3(B) Professional development for staff whose work relates to
4the use of, or student access to, open educational resources.
5(C) Open educational resource curation activities.
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8(E) Technology support for faculty, students,
and staff whose
9work relates to the use of, or student access to, open educational
11(2) Moneys in the fund shall not be used for direct compensation
12for faculty members who adopt open educational resources or for
13purchasing new equipment.
14(c) For the purposes of this act, a “community college campus”
15is a community college campus site that has a local academic
(a) As used in this part, “fund” shall mean the Open
18Educational Resources Adoption Incentive Fund.
19(b) As used in this part, “open educational resources” are
20high-quality teaching, learning, and research resources that reside
21in the public domain or have been released under an intellectual
begin delete licenseend delete that
23permits their free use and repurposing by others, and may include
24other resources that are legally available and free of cost to
25students. “Open educational resources” include, but are not limited
26to, full courses, course materials, modules, textbooks,
27faculty-created content, streaming videos, tests, software, and any
28other tools, materials, or techniques used to support access to
(a) The local academic senate of a campus of the
31California State University or the California Community Colleges
32may adopt a local campus resolution, in collaboration with students
33and the administration, stating its intent to increase student access
34to high-quality open educational resources.
35(b) Upon adoption of the local campus resolution, the campus
36may develop a plan that describes evidence of the campus’s
37commitment and readiness to effectively spend grant money from
38the fund to support faculty adoption of open educational resources.
39The California Open Education Resources Council may provide
40a model plan to campuses.
P5 1(1) The creation of the plan shall be a collaboration between
2the campus academic senate and the recognized campus student
3body organization, if the recognized campus student body
4organization wants to be involved, with input solicited by the
5campus academic senate or the recognized campus student body
6organization from the local campus
begin delete bookstore.end delete The California
10Open Education Resources Council, established in Section 66409,
11may provide expertise on available open educational resources
12and best practices for the adoption of open educational resources
13for existing courses to assist in the development of the plan.
14(2) The plan shall include continued access to open educational
15resource materials selected by faculty for use through either the
16availability of a
begin delete hard copyend delete at the local campus bookstore
17or access to materials
begin delete on PDF to printend delete on campus, and shall ensure
18access to materials offline for
20(3) (A) Each plan shall
include three benchmarks, focusing on
21reducing costs for students and increasing the adoption of
22high-quality open educational resources consisting of a year one
23goal, a year two goal, and a year three goal.
24(B) Each local campus shall determine its own benchmarks.
25(4) Each plan that demonstrates the following readiness
26requirements shall be given priority for approval in accordance
27with paragraph (2) of subdivision (c):
28(A) A plan with concrete benchmarks that demonstrate
29quantifiable outcomes to be achieved from its implementation,
30including, but not limited to, an estimate of the range of money to
31be saved per student from the plan’s implementation.
(B) A plan that utilizes available open educational resources,
33including, but not limited to, California Open Online Library for
34Education (COOL4Ed) and Multimedia Educational Resource for
35Learning and Online Teaching (MERLOT).
36(C) A plan that provides an estimate of the amount of money
37to be saved per student from the plan’s implementation.
39 A plan that provides an estimate of the number of academic
40departments expected to be involved in the plan’s implementation.
P6 1(E)end delete
2 A plan that describes how existing faculty development
3programs will be enhanced by the plan’s implementation.
5 A plan that provides an assessment of the costs for students
6to purchase course materials, as determined by the California Open Education Resources Council.
8(c) (1) Each local campus may submit the resolution and
9the plan developed pursuant to subdivisions (a) and (b) to the
10California Open Education Resources Council for an initial grant
11from the fund.
21(2) The California Open Education Resources Council shall
22review the submitted plan and, if it meets the requirements of this
23part, approve it.
24(3) Plans shall be submitted and approved in one of two rounds.
25Plans submitted from October 2 to April 1, inclusive, of each
26academic year shall be reviewed as round one plans. Plans
27submitted from April 2 to October 1, inclusive, of a calendar year
28shall be reviewed as round two plans.
29(4) The California Open Education Resources Council shall
30approve up to 100 plans per year. A plan not approved in a round
31may be resubmitted by the campus for approval in future rounds,
32as determined by the California Open Education Resources
begin delete Each campus may only have one plan approved for
34purposes of the grant program.end delete
38(5) Each plan approved by the California Open Education
39Resources Council shall be submitted by the council to the
40appropriate segment office. The segment office shall award grants
P7 1to recipients in accordance with this
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4(6) Administrative support may be provided to the council by
5COOL4Ed to help the council carry out its duties in accordance
6with this part.
7(7) An initial grant shall not exceed ten thousand dollars
9(d) (1) Each year after a campus receives an initial grant, for
10up to three years, the campus shall receive a bonus grant from the
11fund for meeting established performance benchmarks for
12accelerating usage of open educational resources in courses,
13according to the following schedule:
14(A) A campus shall receive a bonus grant of up to ten thousand
15dollars ($10,000) for reaching its first benchmark in using open
16educational resources on campus and decreasing textbook costs
17for students in the first year of implementation.
18(B) A campus shall receive a bonus grant of up to ten thousand
19dollars ($10,000) for reaching its second benchmark in using open
20educational resources on campus and decreasing textbook costs
21for students in the second year of implementation.
22(C) A campus shall receive a bonus grant of up to ten thousand
23dollars ($10,000) for reaching its third benchmark in using open
24educational resources on campus and decreasing textbook costs
25for students in the third year of implementation. For bonus grants
26issued for reaching the third benchmark, if applications exceed the
27amount of available grant funds, priority shall be given by the
28California Open Education Resources Council to plans submitted
29pursuant to subdivision (c) that achieve cost savings for students
30through collaborations with one or more campuses. These
31collaborations may form within a segment, or across different
38 If money is available in the Open Educational Resources
39Adoption Incentive Fund after the first bonus grants for reaching
40the third benchmark pursuant to subparagraph (C) of paragraph
P8 1(1) are awarded, additional bonus grants shall be made available
2to recipients, as determined by the segment offices, in consultation
3with the California Open Education Resources Council, until there
4is no money left in the fund.
6 The bonus grants shall be
used for any, or some combination,
7of the following purposes:
8 (A) Faculty professional development.
9(B) Professional development of staff whose work relates to the
10use of, or student access to, open educational resources.
11(C) Open educational resource curation activities.
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14(E) Technology support for faculty, students,
and staff whose
15work relates to the use of, or student access to, open educational
17(e) A grant recipient shall report to the California Open
18Education Resources Council as to whether its benchmarks have
19been reached to determine whether it is eligible for bonus grants
20pursuant to paragraph (1) of subdivision (d). This report shall
21include an explanation of how the recipient used available open
22educational resources, including, but not limited to, COOL4Ed
23and MERLOT, to accomplish its goals pursuant to this part more
27(f) The Intersegmental Committee of Academic Senates shall
28report to the Legislature before July 1 each year, commencing in
292018, as to whether the grants are increasing the rate of adoption
30of open educational resources and decreasing textbook costs for
32(g) A local academic senate of a campus of the California State
33University or the California Community Colleges may commence
34its application by adopting a local campus resolution as of January
351, 2016, pursuant to subdivision (a). The California Open Education
36Resources Council shall be ready to review grant applications on
37or before March 1, 2016.
This part shall become inoperative on July 1, 2020,
39and, as of January 1, 2021, is repealed, unless a later enacted
40statute, that becomes operative on or before January 1, 2021,
P9 1deletes 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
6Legislature to accomplish all of the following:
7(1) Provide explicit authority to the board to continue to
8administer accounts for, and make awards to, persons who qualified
9for awards under the provisions of the Governor’s Scholarship
10Programs as those provisions existed on January 1, 2003, prior to
11the repeal of former Article 20 (commencing with Section 69995).
12(2) Provide for the management and disbursement of funds
13previously set aside for the scholarship programs authorized by
14former Article 20 (commencing with Section 69995).
15(3) Provide a guarantee should additional funds be needed to
16cover awards authorized and made pursuant to former Article 20
17(commencing with Section 69995).
18(b) The board may manage and disburse the funds previously
19set aside for the scholarship programs authorized by former Article
2020 (commencing with Section 69995).
21(c) If a person has earned an award under the Governor’s
22Scholarship Programs on or before January 1, 2003, but has not
23claimed the award on or before June 30, 2004, he or she still may
24claim the award by a date that is five years from the first June 30
25that fell after he or she took the qualifying test. An award shall not
26be made by the board after that date.
27(d) The board shall negotiate with
the current manager of the
28Governor’s Scholarship Programs and execute an amended or new
29management and funding agreement, before January 1, 2013, which
30shall include, but not be limited to, all of the following:
31(1) Terms providing for the return to the General Fund by no
32later than January 1, 2013, of moneys appropriated to the
33Governor’s Scholarship Programs that are not anticipated to be
34needed to make awards pursuant to paragraphs (1) and (2) of
36(2) Provisions that authorize the board to pay agreed-upon early
37withdrawal penalties or fees.
38(3) Terms that extend to the final date upon which the board
39may withdraw funds for a person who earned an award under the
40Governor’s Scholarship Programs.
P10 1(e) (1) If funds retained in the Golden State Scholarshare Trust
2after January 1, 2013, are insufficient to cover the remaining
3withdrawal requests, it is the intent of the Legislature to appropriate
4the necessary funds to the Golden State Scholarshare Trust for the
5purpose of funding individual beneficiary accounts.
6(2) The board shall notify the Department of Finance and the
7Legislature no later than 10 working days after determining that
8a shortfall in available funding described in paragraph (1) will
10(f) (1) Of the funds transferred to the General Fund pursuant
11to paragraph (1) of subdivision (d), five million dollars
12($5,000,000) is hereby appropriated to the Chancellor of the
13California State University, without regard to fiscal years, to fund
14the establishment and administration of the California Open
15Education Resources Council and the California Digital Open
16Source Library, and the development or acquisition of open
17education resources, or any combination thereof, pursuant to
18legislation enacted in the 2011-12 Regular Session of the
19Legislature, or for the funding of grants and administrative costs
20pursuant to the College Textbook Affordability Act of 2015 (Part
2140.1 (commencing with Section 67420) of Division 5). The
22chancellor may provide reimbursement to the California
23Community Colleges and the University of California for costs
24those segments, or their representatives, incur in association with
25the activities described in this paragraph.
26(2) (A) Moneys, or a portion of
moneys, appropriated pursuant
27to paragraph (1) shall not be encumbered unless at least 100 percent
28of that amount encumbered is matched by private funds. Moneys
29appropriated pursuant to paragraph (1) that are not matched by
30private funds shall revert to the Golden State Scholarshare Trust
31for purposes of the Governor’s Scholarship Programs.
32(B) Notwithstanding subparagraph (A), moneys appropriated
33for purposes of the College Textbook Affordability Act of 2015
34shall not be required to be matched by private funds.
6(C) Twenty-five percent of each grant awarded to a campus
8be 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.
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
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14 thousand dollars
begin delete ($3,000)end delete total and shall
15be provided as a stipend. No additional money shall be provided
16for travel purposes.
17(g) The board may adopt rules and regulations for the
18implementation of this article.