Bill Text: CA AB1914 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public postsecondary education: academic materials: textbooks: access codes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-09 - Chaptered by Secretary of State - Chapter 261, Statutes of 2016. [AB1914 Detail]

Download: California-2015-AB1914-Amended.html

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BILL NUMBER: AB 1914	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 11, 2016

   An act to add Section 66407.5 to the Education Code, relating to
public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1914, as amended, Bonilla. Public postsecondary education: 
academic materials: textbooks:  access codes.
   (1) Existing law, known as the Donahoe Higher Education Act, sets
forth the missions and functions of the segments of postsecondary
education in this state. The California State University, under the
administration of the Trustees of the California State University,
the California Community Colleges, under the administration of the
Board of Governors of the California Community Colleges, and the
University of California, under the administration of the Regents of
the University of California, constitute the 3 segments of public
postsecondary education in this state. Provisions of the Donahoe
Higher Education Act apply to the University of California only to
the extent that the regents act, by appropriate resolution, to make
those provisions applicable.
   An existing chapter of the Donahoe Higher Education Act relates to
the use of academic materials and provides that a court of competent
jurisdiction is authorized to grant relief that is necessary to
enforce the provisions of this chapter, including through the
issuance of an injunction.
   This bill would add to this chapter a provision that requires the
trustees and the board of governors, and requests the regents, to
adopt policies for their respective segments regarding when it is
acceptable for a faculty member to require students to purchase
 an access code,   academic materials,
including, but not necessarily limited to, textbooks, as defined, and
access codes,  as defined. The bill would require that the
policies adopted pursuant to the bill include, but not necessarily be
limited to, a prohibition of any requirement that students be
required to purchase  an access code   academic
materials  for purposes of accessing resources that are
otherwise available to these students or for performing functions, as
defined, that can be otherwise accomplished at no cost to these
students on their  campuses. The   campuses, a
requirement that the total cost of academic materials from the
immediately preceding academic year be provided to faculty as
specified, and a requirement for the provision of a summary of the
descriptors the campus bookstore may post next to the academic
materials offered for sale, as specified. 
    The  bill would express the intent of the Legislature
that the faculty of the public postsecondary segments be encouraged
to consider free or inexpensive options in selecting academic
materials to assign to their students.
   To the extent that the implementation of the policies adopted by
the board of governors would impose new duties on community college
districts, this 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66407.5 is added to the Education Code, to
read:
   66407.5.  (a) The Trustees of the California State University and
the Board of Governors of the California Community Colleges shall,
and the Regents of the University of California are requested to,
adopt policies for their respective segments regarding when it is
acceptable for a faculty member to require students to purchase
 an access code.   academic materials,
including, but not necessarily limited to, textbooks and access
codes.  The policies adopted pursuant to this section shall
include, but not necessarily be limited to,  a  
all of the following: 
    (1)     A  prohibition of any
requirement that students be required to purchase  an access
code   any academic materials  for purposes of
accessing resources that are otherwise available to these students or
for performing functions that can be otherwise accomplished at no
cost to these students on their campuses.  It  
   (2) A requirement that the total cost of academic materials from
the immediately preceding academic year be provided to faculty
members by the campus bookstore when academic materials are being
chosen for an upcoming academic term or, if the cost of academic
materials has not been determined for the immediately preceding
academic year, as soon as is practicable.  
   (3) A requirement for the provision of a summary of the
descriptors the campus bookstore may post next to the academic
materials offered for sale. The campus bookstore shall not post
"required material" next to academic materials it offers for sale
unless it has received consent from the faculty member who assigned
the material or from a staff member of the appropriate department.

    (b)     It  is the intent of the
Legislature that the faculty of the public postsecondary segments be
encouraged to consider free or inexpensive options in selecting
academic materials to assign to their students. 
   (b) 
    (c)  As used in this section:
   (1) "Access code" means an identification number or password, or
both, that is used to gain access to digital content.
   (2) "Function" includes, but is not necessarily limited to, the
submission of assignments, collection of grades, and communication
between faculty members and students. 
   (3) "Textbook" has the same meaning as defined in Section 66406.7.

  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.