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
begin delete Fund in the State Treasuryend delete to provide incentives and reward campus, staff, and faculty efforts to accelerate the adoption of open educational resources. The bill would require that moneys begin delete in the fundend delete 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 begin delete (1)end delete adopt a local campus begin delete resolution, in collaboration with students and the administration, demonstrating its commitment toend delete increase student access to high-quality open educational begin delete resources,end delete and begin delete (2)end delete upon adoption of the resolution, develop a specified begin delete planend delete that describes evidence of the campus’ 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 begin delete respective segment office for the campusend delete to award an initial grant of up to begin delete $10,000end delete to the campus from the fund. begin delete The bill would authorize a campus to submit a number plans for approval that would be determined in accordance with the number of students enrolled on the campus, except as provided.end delete
The bill would require additional bonus grants begin delete of up to $10,000end delete
to be distributed to participating campuses if certain benchmarks are met. The bill would cap the number of begin delete plansend delete that may be approved by the California Open Education Resources Council each award begin delete year, as specified. The bill would require a grant recipient to report to the California Open Education Resources Council within 90 days after the end date for each year of each awarded grant as to whether its benchmarks have been reached to determine whether it is eligible for the bonus grants.end delete The bill would require the Intersegmental Committee of Academic begin delete Senatesend delete to report to the Legislature before begin delete Julyend delete 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
begin delete Julyend delete 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
begin delete 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.end delete
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
10is hereby 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
P4 1established in Section 66409 and the California Digital Open
begin delete Libraryend delete established in Section 66408.
begin deleteThe Open Educational Resources Adoption
10Incentive Fund is hereby created in the State Treasury to provide
11incentives and reward campus and faculty efforts to accelerate
12adoption of open educational resources for the purpose of reducing
13students’ costs and improving access to quality materials.end delete
begin delete(b)end delete begin delete end delete(1) Moneys begin delete in the fundend delete shall be begin delete used, upon appropriation by community college and California State
16by the Legislature,end delete
17University campuses to
begin delete create and support any, or some of the following purposes:
20(A) Faculty professional
begin delete development about open educational
21 resources.end delete
27(B) Professional development for staff whose work
begin delete relates to
28the use of, or student access to,end delete
29 open educational resources.
30(C) Open educational resource curation activities.
35(D) Curriculum modification
begin delete for the adoption of open
36educational resources as course materials.end delete
P5 1(E) Technology support for faculty, students, and staff whose
begin delete relates to the use of, or student access to, open educational
begin delete in the fundend delete shall not be used for direct compensation
7for faculty members who adopt open educational
begin delete resourcesend delete
10for purchasing new equipment.
12 For the purposes of this act, a “community college campus”
13is a community college campus site that has a local academic
(a) As used in this part, “fund” shall mean the Open
16Educational Resources Adoption Incentive Fund.
used in this part, “open educational resources” are
19high-quality teaching, learning, and research resources that reside
20in the public domain or have been released under an intellectual
21property license, such as a Creative Commons license, that permits
22their free use and repurposing by others, and may include other
23resources that are legally available and free of cost to students.
24“Open educational resources” include, but are not limited to, full
25courses, course materials, modules, textbooks, faculty-created
26content, streaming videos, tests, software, and any other tools,
27materials, or techniques used to support access to knowledge.
begin deleteThe end delete
29local academic senate of a campus of the California State
30University or the California Community Colleges
begin delete may adoptend delete
a local campus
begin delete resolution, in collaboration with
33students and the administration, demonstrating its commitment toend delete
34 increase student access to high-quality open
begin delete resources.end delete
39(b)Upon adoption of the local campus resolution, the campus
40may develop a plan
P6 1 that describes evidence of the
begin delete campus’end delete
3 commitment and readiness to effectively
begin delete spendend delete
grant begin delete money to support faculty adoption of open educational
4from the fundend delete
begin delete resources. The California Open Education Resources Council may
6provide a model plan to campuses.end delete
7(1) The creation of the plan shall be a collaboration between
8the campus academic senate and the recognized campus student
9body organization, if the recognized campus student body
10organization wants to be involved, with input solicited by the
11campus academic senate or the recognized campus student body
12organization from the local campus bookstore, including regarding
13open educational resources distribution, or campus centers and
14libraries supporting faculty professional development for the
15adoption of open educational resources. The
19 California Open Education Resources
begin delete Council, may provide expertise on
20established in Section 66409,end delete
21available open educational resources and best practices for the
22adoption of open educational resources for existing courses to
23assist in the development of the plan.
24(2) The plan shall include continued access, as determined by
25the institution, to open educational resource materials selected by
27(3) (A) Each plan shall include three benchmarks, focusing on
28reducing costs for students and increasing the adoption of
29high-quality open educational resources consisting of a year one
30goal, a year two goal, and a year three goal.
31(B) Each local campus shall determine its own benchmarks.
32(4) Each plan that demonstrates the following readiness
33requirements shall be given priority for approval in accordance
34with paragraph (2) of subdivision (c):
35(A) A plan with concrete benchmarks that demonstrate
36quantifiable outcomes to be achieved from its implementation,
37including, but not limited to, an estimate of the range of money to
38be saved per student from the plan’s implementation.
(B) A plan that utilizes available open educational resources,
40including, but not limited to, California Open Online Library for
P8 1Education (COOL4Ed) and Multimedia Educational Resource for
2Learning and Online Teaching (MERLOT).
3(C) A plan that provides an estimate of the number of academic
4departments expected to be involved in the plan’s implementation.
5(D) A plan that describes how existing faculty development
6programs will be enhanced by the plan’s implementation.
7(E) A plan that provides an assessment of the costs for students
8to purchase course materials, as may be determined by consulting
9with the California Open Education Resources Council.
begin delete(A) Each
12 may submit the resolution and the plan developed pursuant to
begin delete subdivisionsend delete (a) begin delete and (b)end delete to the California Open
14Education Resources Council for an initial grant
begin delete from the fund.end delete
16(B) Except as provided in subparagraph (C), each year, each
17campus may submit one plan for an initial grant, and may submit
18one additional plan for every additional 10,000 students, regardless
19of full-time or part-time status.
20(C) A local campus that is currently receiving a grant or bonus
21grant pursuant to this part may submit no more than the maximum
22number of plans for an initial grant under subparagraph (B) minus
23the number of the campus’ plans that are currently receiving a
24grant or bonus grant.
25(2) The California Open Education Resources Council shall
26review the submitted plan and, if it meets the requirements of this
27part, approve it.
28(3) Plans shall be submitted and approved in one of two rounds.
29Plans submitted from October 2 to April 1, inclusive, of each
30academic year shall be reviewed as round one plans. Plans
31submitted from April 2 to October 1, inclusive, of a calendar year
32shall be reviewed as round two plans.
34 The California Open Education Resources Council
begin delete approve up to 100 plans per year. A plan not approved in a
36round may be resubmitted by the campus for approval in future
37rounds, as determined by the California Open Education Resources
38Council. For a plan that is not approved, the council shall
39recommend modifications to increase the likelihood of the plan’s
40success if it is approved in a subsequent round.end delete
begin delete planend delete
approved by the California Open
18Education Resources Council shall be submitted by the council to
begin delete appropriate
segment office.end delete
begin delete segment officeend delete shall award grants to
22recipients in accordance with this
begin delete section and in accordance with
23each system’s policies and procedures for approving and
24administering grants.end delete
26 Administrative support may be provided to the council by
begin delete COOL4Edend delete to
28help the council carry out its duties in accordance with this part.
29(7) An initial grant shall not exceed ten thousand dollarsend delete
30 ($10,000).end delete
31(d) (1) Each year after a campus receives an initial grant, for
32up to three years, the campus shall receive a bonus grant from the
33fund for meeting established performance benchmarks for
34accelerating usage of open educational resources in courses,
35according to the following schedule:
36(A) Aend delete
begin delete shall receiveend delete
38 a bonus grant
begin delete of up to ten thousand dollars ($10,000)
39for reaching its first benchmark in using open educational resources
40on campus and decreasing textbook costs for students in the first
P10 1year of implementation.end delete
6(B) A campus shall receive a bonus grant of up to ten thousand
7dollars ($10,000) for reaching its second benchmark in using open
8educational resources on campus and decreasing textbook costs
9for students in the second year of implementation.
10(C) A campus shall receive a bonus grant of up to ten thousand
11dollars ($10,000) for reaching its third benchmark in using open
12educational resources on campus and decreasing textbook costs
13for students in the third year of implementation. For bonus grants
14issued for reaching the third benchmark, if applications exceed the
15amount of available grant funds, priority shall be given by the
16California Open Education Resources Council to plans submitted
17pursuant to subdivision (c) that achieve cost savings for students
18through collaborations with one or more campuses. These
19collaborations may form within a segment, or across different
21(2) A plan that has not met a benchmark shall not be awarded
22any bonus grant and shall be deemed terminated, and that plan
23shall not count toward the maximum number of plans a campus
24may submit each year pursuant to subdivision (c).
25(3) If money is available in the Open Educational Resources
26Adoption Incentive Fund after the first bonus grants for reaching
27the third benchmark pursuant to subparagraph (C) of paragraph
28(1) are awarded, additional bonus grants shall be made available
29to recipients, as determined by the segment offices, in consultation
30with the California Open Education Resources Council, until there
31is no money left in the fund.
8(4) The bonus grants shall be used for any, or some combination,
9of the following purposes:
10 (A) Faculty professional development.
11(B) Professional development of staff whose work relates to the
12use of, or student access to, open educational resources.
13(C) Open educational resource curation activities.
modification for the adoption of open
15educational resources as course materials.
16(E) Technology support for faculty, students, and staff whose
17work relates to the use of, or student access to, open educational
19(e) A grant recipient shall report to the California Open
20Education Resources Council as to whether its benchmarks have
21been reached to determine whether it is eligible for bonus grants
22pursuant to paragraph (1) of subdivision (d). This report shall
23include an explanation of how the recipient used available open
24educational resources, including, but not limited to, COOL4Ed
25and MERLOT, to accomplish its goals pursuant to this part more
26efficiently. Campus reports on their projects are due to the
27California Open Educational Resources Council within 90 days
28after the end date for each year of each awarded grant.
Intersegmental Committee of Academic
begin delete Senatesend delete shall report to the begin delete Legislatureend delete before
begin delete Julyend delete 1 each year, commencing in 2018, as to whether
4the grants are increasing the rate of adoption of open educational
5resources and decreasing textbook costs for college students.
6(g) A local academic senate of a campus of the California State
7University or the California Community Colleges may commence
8its application by adopting a local campus resolution as of January
91, 2016, pursuant to subdivision (a). The California Open Education
10Resources Council shall be ready to review grant applications on
11or before March 1, 2016.
This part shall become inoperative on
begin delete Julyend delete
13 1, 2020, and, as of January 1, 2021, is repealed, unless a later
14enacted statute, that becomes operative on or before January 1,
152021, deletes or extends the dates on which it becomes inoperative
16and is repealed.
Section 69999.6 of the Education Code is amended to
(a) In enacting this article, it is the intent of the
20Legislature to accomplish all of the following:
21(1) Provide explicit authority to the board to continue to
22administer accounts for, and make awards to, persons who qualified
23for awards under the provisions of the Governor’s Scholarship
24Programs as those provisions existed on January 1, 2003, prior to
25the repeal of former Article 20 (commencing with Section 69995).
26(2) Provide for the management and disbursement of funds
27previously set aside for the scholarship programs authorized by
28former Article 20 (commencing with Section 69995).
29(3) Provide a guarantee should additional funds be needed to
30cover awards authorized and made pursuant to former Article 20
31(commencing with Section 69995).
32(b) The board may manage and disburse the funds previously
33set aside for the scholarship programs authorized by former Article
3420 (commencing with Section 69995).
35(c) If a person has earned an award under the Governor’s
36Scholarship Programs on or before January 1, 2003, but has not
37claimed the award on or before June 30, 2004, he or she still may
38claim the award by a date that is five years from the first June 30
39that fell after he or she took the qualifying test. An award shall not
40be made by the board after that date.
P13 1(d) The board shall negotiate with
the current manager of the
2Governor’s Scholarship Programs and execute an amended or new
3management and funding agreement, before January 1, 2013, which
4shall include, but not be limited to, all of the following:
5(1) Terms providing for the return to the General Fund by no
6later than January 1, 2013, of moneys appropriated to the
7Governor’s Scholarship Programs that are not anticipated to be
8needed to make awards pursuant to paragraphs (1) and (2) of
10(2) Provisions that authorize the board to pay agreed-upon early
11withdrawal penalties or fees.
12(3) Terms that extend to the final date upon which the board
13may withdraw funds for a person who earned an award under the
14Governor’s Scholarship Programs.
15(e) (1) If funds retained in the Golden State Scholarshare Trust
16after January 1, 2013, are insufficient to cover the remaining
17withdrawal requests, it is the intent of the Legislature to appropriate
18the necessary funds to the Golden State Scholarshare Trust for the
19purpose of funding individual beneficiary accounts.
20(2) The board shall notify the Department of Finance and the
21Legislature no later than 10 working days after determining that
22a shortfall in available funding described in paragraph (1) will
24(f) (1) Of the funds transferred to the General Fund
25pursuant to paragraph (1) of subdivision (d), five million dollars
26($5,000,000) is hereby appropriated to the Chancellor of the
27California State University, without regard to fiscal years, to fund
28the establishment and administration of the California Open
29Education Resources Council and the California Digital Open
30Source Library, and the development or acquisition of open
31education resources, or any combination thereof, pursuant to
32legislation enacted in the 2011-12 Regular Session of the
begin delete or for the funding of grants and administrative costs
34pursuant to the College Textbook Affordability Act of 2015 (Part
3540.1 (commencing with Section 67420) of Division 5). Theend delete
36 chancellor may provide reimbursement to the
37California Community Colleges and the University of California
38for costs those segments, or their representatives, incur in
39association with the activities described in this paragraph.
begin delete(A)end delete begin delete end delete begin deleteMoneys, end delete
5or a portion of moneys, appropriated pursuant to paragraph (1)
6shall not be encumbered unless at least 100 percent of that amount
7encumbered is matched by private funds. Moneys appropriated
8pursuant to paragraph (1) that are not matched by private funds
9shall revert to the Golden State Scholarshare Trust for purposes
10of the Governor’s Scholarship Programs.
11(B) Notwithstanding subparagraph (A), moneys appropriated
12for purposes of the College Textbook Affordability Act of 2015
13shall not be required to be matched by private funds.
14(C) Twenty-five percent of each grant awarded to a campus
15pursuant to the College Textbook Affordability Act of 2015 shall
16be matched by the campus and used by the campus to ensure
17administrative and faculty support of the campus’ plan that was
18submitted and approved in accordance with Section 67424.
19(D) Money provided to a member of the California Open
20Education Resources Council for purposes of the council carrying
21out its duties in accordance with this part shall not exceed eight
22thousand dollars ($8,000) total per year and shall be provided as
23a stipend. No additional money shall be provided for travel
9(g) The board may adopt rules and regulations for the
10implementation of this article.