BILL ANALYSIS                                                                                                                                                                                                    

          |SENATE RULES COMMITTEE            |                       SB 1359|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                   THIRD READING 

          Bill No:  SB 1359
          Author:   Block (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 4/6/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  

           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Public postsecondary education:  education  
                     materials:  textbooks

          SOURCE:    Author

          DIGEST:  This bill requires each campus of the California  
          Community Colleges and the California State University, and  
          requests each campus of the University of California, to clearly  
          highlight the courses that at least in part use digital course  
          materials that are free of charge and have a low-cost option for  
          print version.


          Existing federal law, the Higher Education Opportunity Act:

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


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             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  

              a)    If the ISBN is not available, the IHE is required to  
                include the author, title, publisher, and copyright date.

              b)    If the IHE determines that the disclosure of the price  
                is not practicable for a textbook or supplemental  
                material, the IHE is required to so indicate by placing  
                the designation "To Be Determined" in lieu of the price.

           1) Encourages IHEs to also provide to students information  

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

              b)    Available institutional guaranteed textbook buy-back  

              c)    Available institutional alternative content delivery  

              d)    Other available institutional cost-saving strategies.

           1) Requires each 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. 


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           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,   

          Existing state law:

           1) The College Textbook Transparency Act, requires 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.  (Education  
             Code  66406.7)
            2) The College Textbook Affordability Act, establishes 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 California Community Colleges (CCC) and the California  
             State University (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  
             support.  (EC  67420)

           3) 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)

           4) 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   

           5) Requires the CSU Trustees and the CCC Board of Governors,  
             and requests the Regents of the University of California  
             (UC), to work with the academic senates to encourage faculty  
             to give consideration to the least costly practices in  


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             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)

          This bill:

           1) Requires each campus of the CCC and the CSU, and requests  
             each campus of the UC, to do both of the following:

              a)    Clearly highlight, by means that may include a symbol  
                or logo in a conspicuous place on the online campus course  
                schedule, the course that at least in part use digital  
                course materials that are free of charge to students and  
                have a low-cost option for print versions.

              b)    Clearly communicate to students that some or all  
                course materials used for the identified courses are free  
                of charge and therefore not required to be purchased.

           2) Authorizes the digital course materials to include OERs,  
             institutionally licensed campus library materials that all  
             students enrolled in the course have access to use, and other  
             properly licensed and adopted materials.

           3) Provides for the following definitions:

              a)    "Course schedule" is a collection of available  
                classes, course sections, or both, published  
                electronically, before the start of an academic term.

              b)    "Open educational resources" are high-quality  
                teaching, learning, and research resources that reside in  
                the public domain or have been released under an  
                intellectual property license, such as a Creative Commons  
                license, that permits their free use and repurposing by  
                others, and may include other resources that are legally  


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                available and free of cost to students.  This bill  
                provides that "open educational resources" include, but  
                are not limited to, full courses, course materials,  
                modules, textbooks, faculty-created content, streaming  
                videos, tests, software, and any other tools, materials,  
                or techniques used to support access to knowledge.

          Existing efforts to increase access to OER.  The California Open  
          Education Resources Council reports that it has thus far  
          selected the 50 courses, identified more than 150 appropriate  
          OERs for said courses, developed a standardized peer review and  
          approval process, and recruited faculty to conduct the reviews.   
          As of December 2015, the California Open Education Resources  
          Council had identified more than 160 appropriate OER textbooks  
          for the 50 courses.  The California Open Online Library for  
          Education, known as COOL4Ed, houses open textbooks, open course  
          materials, open courses, open access journals and articles,  
          textbook reviews, among other resources.   

          The multimedia Educational Resources for Learning and Online  
          Teaching (MERLOT), led by the CSU, offers free access to more  
          than 60,000 peer-reviewed online teaching and learning materials  
          across a wide range of disciplines.
          Related Budget activity.  The Governor's 2016-17 Budget proposes  
          $5 million in one-time funds to create "Zero-Textbook-Cost  
          Degrees" at the CCC.  These degrees would allow students to  
          complete a degree entirely by taking courses that use only free  
          instructional materials.  Under the Governor's proposal,  
          community colleges would compete for grants up to $500,000 each  
          to offer a zero-textbook-cost associate degree, certificate, or  
          credential program.

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

          According to the Senate Appropriations Committee:

           Unknown costs, but would likely create a reimbursable state  


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            mandate, potentially in the tens of thousands, for community  
            college districts to highlight courses in online course  
            schedules.  Potential additional one-time costs for any  
            district that only uses print schedules to convert to  
            electronic schedules.  (Proposition 98)

           Costs to CSU potentially around $100,000 annually.  Likely  
            minor costs to UC.  (General Fund)

          SUPPORT:   (Verified5/31/16)

          California State University

          OPPOSITION:   (Verified5/31/16)

          None received

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          5/31/16 22:24:21

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