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 Program to provide incentives and reward campus, staff, and faculty efforts to accelerate the adoption of open educational resources. The bill would require that specified moneys for the program 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 (A) adopt a local campus resolution to increase student access to high-quality open educational resources and reduce the cost of textbooks and supplies for students, and (B) upon adoption of the resolution, develop a specified plan, in collaboration with students and the administration, 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 Chancellor of the California State University to award an initial grant of up to $50,000 to the campus from the fund. The bill would require additional bonus grants to be distributed to participating campuses if certain benchmarks are met. The bill would cap the number of initial grants that may be approved by the California Open Education Resources Council each award year at 100. The bill would require the California Digital Open Source Library, also known as the California Open Online Library for Education, in consultation with the Intersegmental Committee of Academic Senates, to report to the Legislature before September 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 September 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.
begin delete Existing law reverts any of this $5,000,000 that is not 100% matched by private funds to a specified trust.end delete
This bill would specify that $3,000,000 of those funds are reappropriated for allocation for the Open Educational Resources Adoption Incentive Program. Of the remaining $2,000,000, the bill would specify that up to $200,000 may be used for the California Open Online Library for Education and up to $27,000 may be used for stipends to members of the California Open Education Resources Council, as specified.
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.
(a) 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
17established in Section 66409 and the California Digital Open
18Source Library, also known as the California Open Online Library
19for Education, established in Section 66408.
20(b) The Open Educational Resources Adoption Incentive
21Program is hereby established to carry out the purposes of this act.
22Unless context otherwise requires, “program” in this act means
23the Open Educational Resources Adoption Incentive Program.
(a) (1) Moneys appropriated in subdivision (f) of
25Section 69999.6 for the program shall be used by community
26college and California State University campuses to further the
27purposes specified in subdivision (a) of Section 67421, including
28any of the following purposes:
P4 1(A) Faculty professional development, which shall include
2learning about the California Open Online Library for Education
3established in Section 66408. Faculty who participate in this
4professional development shall be reimbursed in accordance with
5their campus’ approved plan pursuant to paragraph (2) of
6subdivision (a) of Section 67424.
7(B) Professional development for staff whose work supports
8providing students with open educational resources.
9(C) Open educational resource curation activities. All new open
10educational resources developed and available that are adopted as
11course material pursuant to this program shall be added to the
12California Open Online Library for Education established in
14(D) Curriculum modification and requisite release time for
15faculty in accordance with a campus’ approved plan pursuant to
16paragraph (2) of subdivision (a) of Section 67424 related to the
17adoption of open educational resources as course materials.
support for faculty, students, and staff whose
19work furthers the goals specified in a campus’ approved plan
20pursuant to paragraph (2) of subdivision (a) of Section 67424.
21(2) Moneys appropriated in subdivision (f) of Section 69999.6
22for the program shall not be used for direct compensation for
23faculty members who adopt open educational resources, except as
24provided to compensate for professional development pursuant to
25subparagraph (A) of paragraph (1), or for purchasing new
27(b) For the purposes of this act, a “community college campus”
28is a community college campus site that has a local academic
As used in this part, “open educational resources” are
31high-quality teaching, learning, and research resources that reside
32in the public domain or have been released under an intellectual
33property license, such as a Creative Commons license, that permits
34their free use and repurposing by others, and may include other
35resources that are legally available and free of cost to students.
36“Open educational resources” include, but are not limited to, full
37courses, course materials, modules, textbooks, faculty-created
38content, streaming videos, tests, software, and any other tools,
39materials, or techniques used to support access to knowledge.
(a) In order to participate in the program, the local
2academic senate of a campus of the California State University or
3the California Community Colleges shall do both of the following:
4(1) Adopt a local campus resolution to increase student access
5to high-quality open educational resources and reduce the cost of
6textbooks and supplies for students in course sections for which
7open educational resources are to be adopted to accomplish cost
8savings for students.
9(2) Approve a plan, in collaboration with students and campus
10administration, that describes evidence of the faculty’s commitment
11and readiness to effectively use grant funds to support faculty
12adoption of open educational resources.
13 (A) The plan may detail technological or staff support to increase
14the adoption of open educational resources. The plan shall describe
15how the faculty will learn about the California Open Online Library
16for Education and other existing open educational resources.
17(B) The plan shall include the number of academic departments
18expected to be involved in the plan’s implementation, the number
19of course sections in which open educational resources will be
20adopted, the percentage of cost savings for students anticipated on
21account of the adoption of open educational resources for each of
22these course sections, the ways existing faculty development
23programs will be enhanced by the plan’s implementation, and the
24mechanisms that will be used to distribute adopted open
25educational resources to students.
26(C) At their discretion, faculty may choose, for courses that are
27to adopt open educational resources under the plan, appropriate
28resources for any of the 50 strategically selected lower division
29courses identified by the California Open Education Resources
30Council pursuant to subparagraph (B) of paragraph (1) of
31subdivision (c) of Section 66409. Other open educational resources
32may also be used.
33(D) The plan shall describe how the campus will provide access
34to open educational resource materials for students, including how
35the campus will make hard copies of these materials available for
36students who lack access to these materials off campus and make
37it possible for students with such access to print hard copies.
38(E) The plan will identify the amount of the grant requested.
39The amount of the grant requested shall be equal to, or less than,
40the number of course sections in which both open educational
P6 1 resources will be adopted and cost savings for the course section
2will be greater than 30 percent, multiplied by one thousand dollars
3($1,000). The amount requested shall not be greater than fifty
4thousand dollars ($50,000). A plan shall commit to achieving
5greater than 30 percent cost savings in at least 10 course sections.
6(F) (i) The plan shall include the percentage of cost savings for
7each course section calculated as follows:
8(ii) The percentage of cost savings shall be the estimated
9decrease in the costs of books and supplies for a course section in
10the current term resulting from the adoption of open educational
11resources for that course section, divided by the costs of books
12and supplies for that course section in the immediately preceding
14(b) The California Open Education Resources
15provide expertise on available open educational resources and best
16practices for the adoption of open educational resources for existing
17courses to assist in the development of the plan.
18(c) (1) The local academic senate of a campus of the California
19State University or the California Community Colleges may submit
20the resolution and the plan developed pursuant to subdivision (a)
21to the California Open Education Resources Council as its
22application for an initial grant no later than June 30, 2016.
23(2) (A) The California Open Education Resources Council shall
24make an initial grant to a campus within 60 days of the council’s
25receipt of the campus’ application if the campus has satisfied the
26requirements of subdivision (a). The California Open Education
27Resources Council may award up to 100 initial grants.
28(B) If the total amount requested in applications received
29pursuant to subparagraph (A) is equal to or less than two million
30dollars ($2,000,000), the California Open Education Resources
31Council shall make grants for each approved application equal to
32the amount requested in the application. If the total amount
33requested in applications received pursuant to subparagraph (A)
34exceeds two million dollars ($2,000,000), the California Open
35Education Resources Council shall make grants for the full amount
36requested in approved applications on a competitive basis based
37on the strength of the evidence provided of faculty commitment
38to the adoption of open educational resources.
39(3) Each application approved by the California Open Education
40Resources Council shall be submitted by the council to the
P7 1Chancellor of the California State University no later than 30 days
2after the council approves the application. The chancellor shall
3award grants to recipients in accordance with this section.
4(4) Administrative support may be provided to the council by
5the California Open Online Library for Education to help the
6council carry out its duties in accordance with this part.
7(5) (A) No later than June 30, 2018, a campus may apply for
8a bonus grant equal to the amount of its initial grant. The
9application shall include evidence that the campus has met or
10exceeded total cost savings of greater than 30 percent for the
11required number of course sections specified in the approved plan
12for the campus’ initial grant in the 2017-18 academic year.
13(B) (i) A campus may also compute the total cost savings for
14each course section and include that figure in its application for a
15bonus grant pursuant to subparagraph (A).
16(ii) The total cost savings for each course section shall be the
17number of students enrolled in a course section multiplied by the
18per-student decrease in the costs of books and supplies for the
19course section in the term resulting from the adoption of open
21(6) Bonus grants specified in paragraph (5) shall be used to
22further the goals of the campus’ approved plan for its initial grant.
23It is the intent of the Legislature that bonus grants support each
24campus’ adoption of open educational resources for at least double
25the number of course sections, and with at least 30 percent cost
26savings for each of these course sections, as accomplished by the
27campus’ approved plan for its initial grant.
28(7) If the total amount requested in applications for bonus grants
29exceeds the total amount of funds available, the California Open
30Educational Resources Council shall award grants on a competitive
31basis to approved applications for the full amount of the initial
32grant based on the overall percentage savings achieved by the
33initial plan in the courses covered by the plan.
34(8) It is the intent of the Legislature that initial and bonus grants
35provide the impetus for campuses to adopt, and continue to use,
36open educational resources as course materials.
37(d) The California Open Online Library for Education, in
38consultation with the Intersegmental Committee of Academic
39 Senates, shall report to the Legislature, in accordance with Section
409795 of the Government Code, before September 1 each year,
P8 1commencing in 2018, as to whether the grants are increasing the
2rate of adoption of open educational resources and decreasing
3textbook costs for college students.
This part shall become inoperative on September 1,
52020, and, as of January 1, 2021, is repealed, unless a later enacted
6statute, that becomes operative on or before January 1, 2021,
7deletes 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
12Legislature to accomplish all of the following:
13(1) Provide explicit authority to the board to continue to
14administer accounts for, and make awards to, persons who qualified
15for awards under the provisions of the Governor’s Scholarship
16Programs as those provisions existed on January 1, 2003, prior to
17the repeal of former Article 20 (commencing with Section 69995).
18(2) Provide for the management and disbursement of funds
19previously set aside for the scholarship programs authorized by
20former Article 20 (commencing with Section 69995).
21(3) Provide a guarantee should additional funds be needed to
22cover awards authorized and made pursuant to former Article 20
23(commencing with Section 69995).
24(b) The board may manage and disburse the funds previously
25set aside for the scholarship programs authorized by former Article
2620 (commencing with Section 69995).
27(c) If a person has earned an award under the Governor’s
28Scholarship Programs on or before January 1, 2003, but has not
29claimed the award on or before June 30, 2004, he or she still may
30claim the award by a date that is five years from the first June 30
31that fell after he or she took the qualifying test. An award shall not
32be made by the board after that date.
33(d) The board shall negotiate
with the current manager of the
34Governor’s Scholarship Programs and execute an amended or new
35management and funding agreement, before January 1, 2013, which
36shall include, but not be limited to, all of the following:
37(1) Terms providing for the return to the General Fund by no
38later than January 1, 2013, of moneys appropriated to the
39Governor’s Scholarship Programs that are not anticipated to be
P9 1needed to make awards pursuant to paragraphs (1) and (2) of
3(2) Provisions that authorize the board to pay agreed-upon early
4withdrawal penalties or fees.
5(3) Terms that extend to the final date upon which the board
6may withdraw funds for a person who earned an award under the
7Governor’s Scholarship Programs.
8(e) (1) If funds retained in the Golden State Scholarshare Trust
9after January 1, 2013, are insufficient to cover the remaining
10withdrawal requests, it is the intent of the Legislature to appropriate
11the necessary funds to the Golden State Scholarshare Trust for the
12purpose of funding individual beneficiary accounts.
13(2) The board shall notify the Department of Finance and the
14Legislature no later than 10 working days after determining that
15a shortfall in available funding described in paragraph (1) will
17(f) (1) (A) Of the funds transferred to the General Fund
18pursuant to paragraph (1) of subdivision (d), five million dollars
19($5,000,000) is hereby appropriated to the Chancellor of the
20California State University, without regard to fiscal years, to fund
21the establishment and administration of the California Open
22Education Resources Council and the California Digital Open
23Source Library, and the development or acquisition of open
24education resources, or any combination thereof, pursuant to
25legislation enacted in the 2011-12 Regular Session of the
26Legislature, provided that the chancellor may provide
27reimbursement to the California Community Colleges and the
28University of California for costs those segments, or their
29representatives, incur in association with the activities described
30in this paragraph.
31(B) Effective January 1, 2016, three million dollars ($3,000,000)
32of the moneys appropriated pursuant to this paragraph are hereby
33reappropriated pursuant to paragraph (4).
begin delete as specified in paragraph (3),end delete moneys, or a portion of
36moneys, appropriated pursuant to paragraph (1) shall not be
37 encumbered unless at least 100 percent of that amount encumbered
38is matched by private
begin delete funds. Moneys appropriated pursuant to not matched by private
39paragraph (1) that areend delete
begin delete fundsend delete
P10 1 shall revert to the Golden State Scholarshare Trust for
2purposes of the Governor’s Scholarship Programs.
3(3) Of the unencumbered amount appropriated pursuant to
4paragraph (1) as of June 30, 2015:
5(A) Up to two hundred thousand dollars ($200,000) may
6used for administration of the California Open Online Library for
7Education. These funds may be used by the California Open Online
8 Library for Education to continue developing and updating its
9services to provide faculty, staff, and students convenient access
10to open educational resources as course materials and to provide
11administrative support for the California Open Educational
12Resources Council. These funds may be used by the California
13Open Online Library for Education for purposes of the Open
14Educational Resources and Adoption Incentive Program until
15September 1, 2020.
16(B) Up to twenty-seven thousand dollars ($27,000) may be used
17for stipends to members of the California Open Education
18Resources Council for these members to carry out their duties in
19accordance with the Open Educational Resources Adoption
21(4) Of the funds transferred to the General Fund
22paragraph (1) of subdivision (d) and appropriated pursuant to
23paragraph (1), three million dollars ($3,000,000) is hereby
24reappropriated to the Chancellor of the California State University,
25without regard to fiscal years, for allocation for the Open
26Educational Resources Adoption Incentive Program.
27(g) The board may adopt rules and regulations for the
28implementation of this article.