BILL NUMBER: AB 317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY OCTOBER 26, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 18, 2009
An act to amend Section 66406.7 of the Education Code,
relating to college textbooks. An act to add Section
46011.3 to the Education Code, relating to school attendance.
LEGISLATIVE COUNSEL'S DIGEST
AB 317, as amended, Solorio. Postsecondary education:
college textbooks. School attendance.
Existing law establishes the system of public elementary and
secondary schools in this state, as well as the statutory scheme for
the provision of funding for this system. State apportionments to
school districts, the amounts of which are computed based on the
average daily attendance of pupils in the schools operated by those
districts, among other factors, constitute a major source of school
funding. Existing law generally requires that the total days of
attendance of a pupil at the schools and classes maintained by a
school district is the number of days school was actually taught for
not less than the minimum schooldays during the fiscal year less the
sum of his or her absences.
This bill would provide that pupil absences certified as related
to the H1N1 (2009) influenza virus, in accordance with the procedures
established pursuant to the bill, not be deemed as absences under
this provision and not affect the calculation of state
apportionments. The bill would further authorize the governing board
of a school district in which any public elementary or secondary
school that has 50 or more pupils who have missed at least one day of
school because of the H1N1 virus apply to the Superintendent for a
waiver of qualifying pupil absences for apportionment purposes.
The bill would require the Superintendent of Public Instruction to
adopt, and inform school districts about, guidelines and procedures
to govern the processing of waiver applications submitted by school
districts and the certification of pupil absences in applicant school
districts as related to the H1N1 (2009) influenza virus.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, the California State University, under the
administration of the Trustees of the California State University,
and the University of California, under the administration of the
Regents of the University of California, as the 3 segments of public
postsecondary education in this state.
Existing law, the College Textbook Transparency Act, encourages
faculty members and academic departments that select course materials
at institutions of higher education to consider cost in the adoption
of textbooks, and prohibits those persons and departments from
demanding or receiving anything of value for adopting course
materials, with specified exceptions. The act also requires each
campus bookstore at a public postsecondary educational institution to
post in its store, or on its Internet Web site, a disclosure of its
retail pricing policy on new and used textbooks.
This bill would require each faculty member or academic department
that selects course materials, and each campus bookstore at a public
postsecondary educational institution, to provide the Internet
address of a college open textbook Internet Web site, as defined.
Because this bill would impose new duties on community college
districts, the bill would constitute a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 46011.3 is added to the
Education Code , to read:
46011.3. Notwithstanding any other provision of law:
(a) Pupil absences certified as related to the H1N1 (2009)
influenza virus, in accordance with the procedures established
pursuant to this section, shall not be deemed to be absences within
the meaning of Section 46010 and shall not affect the calculation of
apportionments.
(b) Pupil absences related to the H1N1 (2009) influenza virus in
any public elementary or secondary school where 50 or more pupils
have missed at least one day of school for a reason within the
meaning of paragraph (2) of subdivision (d) are eligible to be waived
in accordance with this section. The governing board of a school
district in which any elementary or secondary school meeting the
50-pupil standard specified in this subdivision is located may apply
to the Superintendent for a waiver of qualifying pupil absences in
that district for apportionment purposes pursuant to this section.
(c) The Superintendent shall adopt, and inform school districts
about, guidelines and procedures to govern the processing of
applications submitted pursuant to subdivision (b) and the
certification of pupil absences in an applicant school district as
related to the H1N1 (2009) influenza virus.
(d) As used in this section:
(1) "H1N1 (2009) influenza virus" means the virus also commonly
known as "pandemic influenza" or "swine flu."
(2) "Pupil absences related to the H1N1 (2009) influenza virus"
include, but are not necessarily limited to, both of the following:
(A) Absences of pupils who tested positive for the H1N1 (2009)
influenza virus.
(B) Absences of pupils who have not tested positive for the H1N1
(2009) influenza virus, but whose absence occurs during an outbreak
of that virus that leads either to a complete or partial closure of
their school or to their parents or guardians reasonably concluding
that school attendance would subject those pupils to a heightened
danger of being stricken with that virus.
SECTION 1. Section 66406.7 of the Education
Code is amended to read:
66406.7. (a) This section shall be known and may be cited as the
College Textbook Transparency Act.
(b) As used in this section, the following terms have the
following meanings:
(1) "Adopter" means any faculty member or academic department or
other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be used
in connection with the accredited courses taught at that institution.
(2) "College open textbook Internet Web site" means
www.collegeopentextbooks.org.
(3) "Complimentary copies" or "review course materials" only
includes books that in all appearances are the same as the regular
student edition of the textbook, and contain no material other than
that found in the regular student edition of the textbook.
(4) "Instructor copies" or "complimentary teacher editions" means
books with information that is meant to be for the exclusive use of
teachers and not for students. These books contain answers and
solutions, test questions, and pedagogical techniques, and are often
labeled instructor's edition or instructor's manuals.
(5) "New edition of textbook" means a subsequent version of an
earlier standard textbook. A standard textbook is the primary, full,
and unabridged edition of a textbook. An abridged, alternate format,
or alternate version of a standard textbook shall not be considered a
new edition.
(6) "Publisher" means any publishing house, publishing firm, or
publishing company that publishes textbooks or other course
materials, specifically designed for postsecondary instruction.
(7) "Textbook" means a book that contains printed material and is
intended for use as a source of study material for a class or group
of students, a copy of which is expected to be available for the use
of each of the students in that class or group. "Textbook" does not
include a novel.
(8) "Unsolicited complimentary copies" means all items described
in paragraph (3) and that were not requested by faculty but are sent
by the publisher unsolicited by a faculty or staff member.
(c) (1) Adopters are encouraged to consider cost in the adoption
of textbooks.
(2) Publishers shall facilitate the work done by adopters by
providing transparency in the adoption process and shall be
responsive in a timely manner to requests for information on textbook
cost and content, and the full range of options.
(d) (1) On or after January 1, 2010, the publisher of a textbook
shall print on the outer cover of, or within, the standard textbook,
both of the following items:
(A) For any new editions of textbooks initially published on or
after January 1, 2010, a summary of the substantive content
differences between the new edition and the prior edition.
(B) The copyright date of the previous edition of the textbook.
(2) For instructor copies or complimentary teacher editions, it
shall be noted on the exterior of the book that the book is an
instructor's copy and is not for resale.
(e) (1) A publisher, or agent or employee of a publisher, of
textbooks intended for use at a postsecondary educational institution
shall respond to a request from an adopter for any of the following:
(A) A list of the products offered for sale by that publisher that
are relevant to the needs and interests of adopters.
(B) The price at which the new book is available from the
publisher.
(C) The copyright date of any prior edition of a textbook, if
available.
(D) A list of the substantial content differences or changes made
between the current edition initially published on or after January
1, 2010, and the previous edition of the textbook, including, but not
necessarily limited to, new chapters, additional eras of time, new
themes, or new subject matter.
(2) The information described in this subdivision shall be
available in print or electronically to the adopter.
(f) Each campus bookstore at any public postsecondary educational
institution shall post in its store or on its Internet Web site a
disclosure of its retail pricing policy on new and used textbooks and
the Internet address of a college open textbook Internet Web site.
(g) Each public postsecondary educational institution shall
encourage adopters with course material selection responsibilities to
place their orders with sufficient lead time, whenever possible, to
enable the university-managed bookstore or contract-managed bookstore
to confirm the availability of the requested materials.
(h) This section does not limit the authority of faculty over
decisions relating to the selection of textbooks.
(i) An adopter at an institution of higher education shall not
demand or receive anything of value, including the donation of
equipment or goods, any payment, loan, advance, or deposit of money,
present or promised, for adopting specific course materials required
for coursework or instruction, except that an employee may receive
any of the following:
(1) Complimentary copies, review course materials, or instructor
copies. The adopters shall not sell instructor copies.
(2) Royalties or other compensation from sales of course materials
that include the instructor's writing or other work. Receipt of
these royalties or compensation is subject to the employer's standing
policies or collective bargaining agreements relating to employee
conflicts of interest.
(3) Honoraria for academic peer review of course materials.
Receipt of honoraria is subject to the employer's standing policies
relating to employee conflicts of interest.
(4) Training in the use of course materials and course
technologies. Payment for travel and lodging and or meals shall be
subject to the employer's standing polices relating to employee
conflicts of interest and compensation.
(j) An adopter at an institution of higher education shall provide
the Internet address of a college open textbook Internet Web site on
any syllabus, course materials list, and any other related course
materials, including course materials that are available
electronically, that list the textbooks required for that course.
(k) A publisher or campus bookstore shall not solicit faculty for
the purpose of the sale of instructor copies or complimentary
teachers editions of textbooks that have been provided by a publisher
at no charge to a faculty member or other employee. This subdivision
does not apply to unsolicited complimentary copies.
(l) A campus bookstore shall not engage in any trade of any course
material marked, or otherwise identified, as instructor copies or
complementary teachers editions of textbooks.
(m) Any self-published textbook by an instructor for use with that
instructor's class shall be exempt from this section, if the
instructor discloses the publishing and use of those materials to his
or her employer institution.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.