BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1914|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 1914
          Author:   Bonilla (D) 
          Amended:  6/22/16 in Senate
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 6/15/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 6/1/16 - See last page for vote

           SUBJECT:   Public postsecondary education:  academic materials:  
                      textbooks:  access codes


          SOURCE:    California State Student Association


          DIGEST:  This bill requires the academic senates of campuses of  
          the California State University (CSU) and the University of  
          California (UC) to develop policies regarding instructional  
          materials to encourage efforts to reduce redundancy in the  
          delivery of materials, and requires campuses of the CSU to  
          review and adopt those policies.


          ANALYSIS:  


          Existing federal law, the Higher Education Opportunity Act:  








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          1)Requires each institution of higher education (IHE) that  
            receives federal financial assistance, to the maximum extent  
            possible, to:

             a)   Disclose, on the IHE's online course schedule, the  
               International Standard Book Number (ISBN) and retail price  
               information of required and recommended textbooks and  
               supplemental materials for each course listed in the course  
               schedule.

             b)   Include on the IHE's written course schedule a notice  
               that textbook information is available on the IHE's online  
               course schedule, and the web link to that schedule.

          1)Provides exceptions to the disclosure requirement as  
            specified.

          2)Encourages IHEs to also provide to students information  
            regarding:

             a)   Available institutional programs for renting textbooks  
               or for purchasing used textbooks.

             b)   Available institutional guaranteed textbook buy-back  
               programs.

             c)   Available institutional alternative content delivery  
               programs.

             d)   Other available institutional cost-saving strategies.

          1)Requires each institution of higher education (IHE) that  
            receives federal financial assistance to make available to  
            college bookstores that are operated or affiliated with the  
            institution the most accurate information available regarding  
            the IHE's course schedule for the subsequent academic period  
            and the information described in 1) and 2) above for each  
            course or class offered for the subsequent academic period. 

          2)Provides that the information is to be provided to the college  
            bookstore as soon as is practicable upon the request of the  
            college bookstore.  (United States Code, Title 20, § 1015)








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          Existing state law: 

           1) Requires the CSU Trustees and the California Community  
             College (CCC) Board of Governors, and requests the UC  
             Regents, to work with the academic senates to encourage  
             faculty to give consideration to the least costly practices  
             in assigning textbooks and to encourage faculty to disclose  
             to students how new editions of textbooks are different from  
             previous editions.  Existing law also urges textbook  
             publishers to provide information to faculty when they are  
             considering what textbooks to order, and to post information  
             on the publishers' Web sites, including an explanation of how  
             the newest edition is different from previous editions.  In  
             addition, publishers are asked to disclose to faculty the  
             length of time they intend to produce the current edition and  
             provide faculty free copies of each textbook selected.   
             (Education Code § 66406)

           2) Requires, under the College Textbook Transparency Act, each  
             campus bookstore at any public postsecondary educational  
             institution to post in its store or on its Web site a  
             disclosure of the retail price policy on new and used  
             textbooks.  These provisions also encourage adopters to  
             consider cost in the adoption of textbooks, require  
             institutions to encourage adopters to place orders with  
             sufficient lead time to enable the college bookstore to  
             confirm the availability of the requested materials.  This  
             Act also requires textbook publishers to:
            
               a)    Respond in a timely manner to requests from faculty or  
                other adopter for specified information, such as costs of  
                textbooks.
               
               b)    Print on or in a textbook how new editions are  
                different.  (EC § 66406.7)  
               
            1) Establishes, under the College Textbook Affordability Act,  
             the Open Educational Resources Adoption Incentive Program to  
             incentivize faculty to accelerate the adoption of lower cost,  
             high-quality, open educational resources (OERs) at campuses  
             of the CCC and the CSU.  This program provides funding for  
             faculty professional development, professional development  
             for staff, OER curation activities, curriculum modification  
             and requisite release time for faculty, and technology  







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             support.  (EC § 67420)  

           2) Establishes the California Digital Open Source Library,  
             administered by the CSU in coordination with the CCC, for the  
             purpose of housing open source materials while providing  
             Web-based access for students, faculty and staff to find,  
             adopt, utilize, or modify course materials for little or no  
             cost.  (EC § 66408)

           3) Establishes the California Open Education Resources Council  
             and requires the council to be responsible for, among other  
             things, developing a list of 50 strategically selected lower  
             division courses in the public postsecondary segments for  
             which high-quality, affordable, digital open source textbooks  
             and related materials are to be developed or acquired.  (EC §  
             66409)

          This bill:  

       1)Requires the respective academic senates of campuses of the CSU  
            and the UC, in collaboration with students and campus  
            administrators, to develop policies regarding required  
            academic materials in order to encourage efforts to reduce  
            redundancy in the delivery of academic materials, including,  
            but not limited to, textbooks and access codes.  
       
       2)Requires the policies to include, but not be limited to, all of  
            the following:

          a)   Guidelines prioritizing the use of ancillary and additional  
               academic platforms and materials already available to  
               enrolled students that are determined by faculty to meet  
               the requirements of a course at no additional cost to  
               enrolled students on their campuses or to the campus itself  
               (excluding textbooks).  

          b)   A requirement that the cost of academic materials from the  
               current semester or quarter be provided to faculty by the  
               campus bookstore when academic materials are being chosen  
               for an upcoming academic term, if available.  

          c)   The establishment, in consultation with the campus  
               bookstore, of deadlines by the campus for faculty or an  
               academic department to notify the campus bookstore of  







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               required and recommended textbooks and other instructional  
               materials so that the bookstore may verify availability,  
               source, and lower cost options when practicable, and  
               provide this information to faculty for consideration when  
               exploring alternatives.  

          d)   A determination, in consultation with the campus bookstore,  
               of approved descriptors to post next to academic materials  
               offered for sale at the campus bookstore, including a  
               requirement that the bookstore clearly identify any  
               recommended course materials that are suggested by the  
               bookstore but not by the faculty member who assigned the  
               materials.

       3)Requires the campuses of the CSU and requests the campuses of the  
            UC to submit the policies to the CSU Trustees and UC Regents  
            for their review.  

       4)Defines "access code" as an identification number or password, or  
            both, that is used to gain access to digital content.

       5)States legislative intent to encourage faculty to continue their  
            commitment to making academic materials affordable by  
            considering free or inexpensive options, including open access  
            options, in selecting academic materials to assign to their  
            students.

          Comments 

          Practical effect.  Existing law encourages faculty to consider  
          price, requires publishers to respond in a timely manner to  
          requests from faculty for specified information including costs  
          of textbooks, requires institutions to encourage adopters to  
          place orders with sufficient lead time to enable the college  
          bookstore to confirm the availability of the requested  
          materials, and requires bookstores to post the price policy.  

          This bill requires the academic senates of the CSU and UC to  
          develop policies that include a requirement that the cost of  
          academic materials from the current semester or quarter be  
          provided to faculty by the campus bookstore when academic  
          materials are being chosen for an upcoming academic term, if  
          available.  Currently, faculty may have this information only if  
          the faculty requests it from publishers or from the bookstore.  







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          This bill requires the policies to include the establishment, in  
          consultation with the campus bookstore, of deadlines by the  
          campus for faculty or an academic department to notify the  
          campus bookstore of required and recommended textbooks and other  
          instructional materials so that the bookstore may verify  
          availability, source, and lower cost options when practicable,  
          and provide this information to faculty for consideration when  
          exploring alternatives.  Generally, the current process consists  
          of faculty submitting their lists of required and recommended  
          instructional materials to the bookstore, and the bookstore  
          fills the order (although some faculty work more cooperatively  
          with the bookstore than described here).  This bill requires  
          policies that would essentially require faculty to submit lists  
          of materials to the bookstore within a specified timeframe, the  
          bookstore would research prices and options, and submit that  
          information to the faculty, and the faculty would consider that  
          information and subsequently submit the order for instructional  
          materials (whether or not the faculty adjusted the list of  
          materials based on information received by the bookstore).  
          
          Access codes, the new CD ROM?  An access code is a password  
          needed in order to access course content online.  The content a  
          student accesses depends on the course, but can include things  
          such as practice exam questions, interactive videos, and course  
          assignments.  Access codes are not always included with a  
          subscription to an electronic book.  Additionally, access codes  
          are generally tied to specific textbooks; a student has to  
          purchase the access code that accompanies the specific textbook.  
           This bill does not prohibit the use of access codes.

          Approved descriptors.  This bill requires the policies developed  
          by the academic senates to include, among other things, a  
          determination of approved descriptors to post next to academic  
          materials offered for sale at the campus bookstore, including a  
          requirement that the bookstore clearly identify any recommended  
          course materials that are suggested by the bookstore but not by  
          the faculty member who assigned the materials.  Background  
          materials provided by the author describe situations where  
          college bookstores label instructional materials as being  
          "highly recommended" but do not indicate that those materials  
          are recommended by the bookstore and not by the faculty.









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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:


           The CSU anticipates costs in the low to mid hundreds of  
            thousands in the first year to implement this bill.  This  
            includes one-time costs for campus academic senates to develop  
            required policies.  These costs may be absorbable at some  
            campuses.  Annual costs of about $200,000 to compile and  
            communicate costs of selected course materials to faculty and  
            to modify course material descriptors differentiating  
            bookstore suggested, and faculty required materials.  (General  
            Fund)



           The UC indicates minor costs to implement this bill.



          SUPPORT:   (Verified8/12/16)


          California State Student Association (source)


          OPPOSITION:   (Verified8/12/16)


          None received

          ASSEMBLY FLOOR:  80-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  







                                                                    AB 1914  
                                                                    Page  8


            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/15/16 20:17:23


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