BILL ANALYSIS                                                                                                                                                                                                    Ó

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

          Bill No:  SB 1359
          Author:   Block (D) 
          Amended:  8/1/16  
          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

           SENATE FLOOR:  39-0, 6/2/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  76-0, 8/18/16 - See last page for vote

           SUBJECT:   Public postsecondary education:  course materials

          SOURCE:    Author

          DIGEST:  The bill requires, beginning January 1, 2018, each  
          campus of the California Community Colleges (CCC) and the  
          California State University (CSU), and requests each campus of  
          the University of California (UC), to clearly highlight the  
          courses that use digital course materials that are free of  


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          Assembly Amendments (1) modify the requirement to highlight  
          courses that use digital materials from those that at least in  
          part use digital material, to those that exclusively use digital  
          material; (2) require each campus of the CSU, each participating  
          campus of the UC, and each CCC district to ensure that the  
          materials comply with the federal Americans with Disabilities  
          Act and the federal Copyright Act; and (3) delay implementation  
          of this bill until January 1, 2018.


          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  
            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  

             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.

          2)Provides exceptions to the disclosure requirement as follows:

             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.


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                                                                    Page  3

          3)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.

          4)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. 

          5)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)

          Existing state law:

          1)Requires, under the College Textbook Transparency Act, each  
            campus bookstore at any public postsecondary educational  
            institution to post in its store or on its website a  
            disclosure of the retail price policy on new and used  
            textbooks.  (Education Code § 66406.7)

          2)Establishes, under the College Textbook Affordability Act, the  
            Open Educational Resources Adoption Incentive Program to  
            incentivize faculty to accelerate the adoption of lower cost,  


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            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 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 UC, 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)

          This bill: 

          1)Requires, beginning January 1, 2018, each campus of the CCC  


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            and the CSU, and requests each campus of the UC, to do both of  
            the following:

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

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

          2)Authorizes 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)Requires each campus of the CSU, each participating campus of  
            the UC, and each CCC district to ensure that the materials  
            comply with the federal Americans with Disabilities Act and  
            the federal Copyright Act.

          4)Defines the following terms:

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

             b)   "OERs' 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 available and free of cost to students.  This  


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               definition provides that OERs 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 federal law.  Existing federal law requires each IHE  
          that receives federal financial assistance, to the maximum  
          extent possible, to disclose, on the IHE's online course  
          schedule, the ISBN and retail price information of required and  
          recommended textbooks and supplemental materials for each course  
          listed in the course schedule.  It appears that IHEs are meeting  
          this requirement in different ways; many IHEs include a separate  
          link to textbook pricing information, but do not include the  
          price next the each course description in the course schedule.

          Open Educational Resources.  OERs are educational materials that  
          include textbooks, research articles, videos, assessments, or  
          simulations that are either licensed under an open copyright  
          license or are in the public domain.  OERs provide no- or  
          low-cost access and permission to revise, reuse, remix, or  
          redistribute the materials.  OERs enable faculty to customize  
          learning materials to suit their course objectives, as well as  
          provides students access to no- or low-cost educational  
          Existing efforts to increase access to OERs.  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.   


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

          According to the Assembly Appropriations Committee:

          1)CCC.  Annual General Fund (Prop 98) costs of up to $100,000  
            for campuses to identify and disclose in course schedules  
            those classes using free digital materials.

          2)CSU.  Annual General Fund cost of around $100,000.

          3)UC.  Minor and absorbable costs.

          SUPPORT:   (Verified8/19/16)

          None received

          OPPOSITION:   (Verified8/19/16)

          None received

          ASSEMBLY FLOOR:  76-0, 8/18/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  


                                                                    SB 1359  
                                                                    Page  8

            Cooper, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin,  
            Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Dababneh, Eggman, Roger Hernández, Kim

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/19/16 19:37:23

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