Bill Text: CA SB1052 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public postsecondary education: California Open
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 621, Statutes of 2012. [SB1052 Detail]
Download: California-2011-SB1052-Chaptered.html
BILL NUMBER: SB 1052 CHAPTERED
BILL TEXT
CHAPTER 621
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN SENATE MAY 29, 2012
INTRODUCED BY Senators Steinberg and Alquist
(Principal coauthors: Senators De León, Liu, Pavley, and Yee)
(Principal coauthors: Assembly Members Blumenfield, Portantino,
and Solorio)
FEBRUARY 8, 2012
An act to amend Sections 67302 and 67302.5 of, and to add Section
66409 to, the Education Code, relating to public postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1052, Steinberg. Public postsecondary education: California
Open Education Resources Council.
(1) The Donahoe Higher Education Act authorizes the activities of
the 4 segments of the postsecondary education system in the state.
These segments include the 3 public postsecondary segments: the
University of California, which is administered by the Regents of the
University of California, the California State University, which is
administered by the Trustees of the California State University, and
the California Community Colleges, which is administered by the Board
of Governors of the California Community Colleges. Private and
independent postsecondary educational institutions constitute the
other segment.
Provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the regents act, by
resolution, to make them applicable.
Existing law urges textbook publishers to take specified actions
aimed at reducing the amounts that students pay for textbooks,
including providing to faculty and departments considering textbook
orders a list of all the different products the publisher sells.
Existing law requires the Trustees of the California State University
and the Board of Governors of the California Community Colleges, and
requests the Regents of the University of California, to take
specific actions with their respective academic senates, college and
university bookstores, and faculty to promote the selection of
textbooks that will result in cost savings to students.
This bill would express legislative findings and declarations
relating to the cost of college and university textbooks. The bill
would add provisions to the Donahoe Higher Education Act to establish
the California Open Education Resources Council under the
administration of the Intersegmental Committee of the Academic
Senates of the University of California, the California State
University, and the California Community Colleges, or a successor
group. The bill would specify that the council would have 9 members,
including 3 faculty members from each of the public postsecondary
segments, selected by the respective faculty senates of each segment.
The bill would require the appointments to the council to be made no
later than 90 days after the bill becomes operative.
The bill would require the California Open Education Resources
Council to determine a list of 50 lower division courses in the
public postsecondary segments for which high-quality, affordable,
digital open source textbooks and related materials would be
developed or acquired, as specified, pursuant to the bill. The bill
would also require the council to review and approve developed open
source materials and to promote strategies for production, access,
and use of open source textbooks to be placed on reserve at campus
libraries in accordance with this section.
The bill would require that the council regularly solicit and
consider, from each of the statewide student associations of the
University of California, the California State University, and the
California Community Colleges, advice and guidance on open source
education textbooks and related materials, as specified.
The bill would require the council to establish a competitive
request-for-proposal process in which faculty members, publishers,
and other interested parties would apply for funds to produce, in
2013, 50 high-quality, affordable, digital open source textbooks and
related materials, meeting specified requirements.
The bill also would require the council to submit a report to the
Legislature and the Governor on the progress of the implementation of
these provisions by no later than 6 months after the bill becomes
operative and to submit a final report by January 1, 2016.
(2) Existing law requires publishers, as defined, to provide a
captioned format of instructional materials, as defined, or an
electronic format of those materials and a license to create a
captioned format of the materials, upon request by a public
postsecondary educational institution, and authorizes the public
postsecondary educational institution to create a captioned format,
subject to prescribed conditions, if the publisher provides a license
to create the captioned format or fails to respond to a request for
a captioned format. Existing law prescribes various requirements with
respect to use and distribution of electronic and captioned formats
of instructional materials by public postsecondary educational
institutions that choose to participate in the request process.
This bill would include digital open source textbooks and related
materials within the definition of instructional materials for the
purposes of this provision. The bill would prescribe a procedure for
this request process relating to digital open source textbooks if and
when the California Open Source Digital Library is established
pursuant to statute.
(3) These provisions would become operative only if funding for
the purposes of this bill is provided in the annual Budget Act or
another statute, or through federal or private funds, or through a
combination of state, federal, and private funds.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The cost of attending California's public colleges and
universities has skyrocketed in recent years. While fees often tend
to be the most visible cost, other non-tuition-related costs, like
the cost of textbooks, significantly burden both students and their
families.
(2) For example, the average annual student budget for textbooks
at California's community colleges can be almost 150 percent of the
cost of tuition. Recent studies show that, due to the cost of
textbooks, many students forego purchasing them altogether. For many
students receiving the Cal Grant B stipend intended for books and
other living expenses, such as transportation, rent, and food, their
entire stipend may be spent on textbooks alone.
(3) Through a state-led strategic investment in Open Education
Resources (OER), California can offer students in 50 strategically
selected lower division courses the highest quality textbooks and
related materials for free online or for about $20 per hardcopy.
(4) This move will bring California's college and university
experience into the 21st century while providing students and their
families sorely needed financial relief, and while providing faculty
more flexible and dynamic tools to enhance student success.
(b) It is, therefore, the intent of the Legislature to develop or
acquire 50 high-quality, affordable, digital open source textbooks
and related material for use at the University of California, the
California State University, and the California Community Colleges.
SEC. 2. Section 66409 is added to the Education Code, to read:
66409. (a) The California Open Education Resources Council is
hereby established. The council shall be composed of faculty leaders
from the three segments of public postsecondary education, and shall
be administered by the Intersegmental Committee of the Academic
Senates of the University of California, the California State
University, and the California Community Colleges, or a successor
group.
(b) The council shall have nine members: three members shall be
faculty of the University of California, selected by the Academic
Senate, University of California; three members shall be faculty of
the California State University, selected by the Academic Senate of
the California State University; and three members shall be community
college faculty, selected by the Academic Senate for California
Community Colleges. Appointments to the council shall be made no
later than 90 days after the act that adds this section becomes
operative.
(c) The council shall be responsible for accomplishing all of the
following:
(1) (A) Development of 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 shall be developed or acquired pursuant to this section.
(B) In developing the course list pursuant to this paragraph, the
council shall consider the extent to which the selected courses:
(i) Are among the most highly enrolled courses at each of the
three segments.
(ii) Are likely to generate significant saving in textbook costs
for students.
(iii) Demonstrate relative consistency in content across existing
textbook products.
(iv) Provide opportunities for faculty to augment the open
textbook with free faculty-authored materials or other free open
education materials from existing digital libraries and collections.
(v) Are conducive to discipline-based pedagogies that can be
enhanced with digital resources and interactivity to support improved
student learning success.
(2) Creation and administration of a standardized, rigorous review
and approval process for open source textbooks and related materials
developed or acquired pursuant to this section. This process shall
ensure that all open source textbooks and related materials developed
or acquired pursuant to this section have been tested and validated
as having met accessibility requirements for students with
disabilities before approval and release. The textbooks and other
materials shall include documentation for students with disabilities
that describes available accessibility features.
(3) Promotion of strategies for production, access, and use of
open source materials.
(4) Regularly soliciting and considering, from each of the
respective statewide student associations of the University of
California, the California State University, and the California
Community Colleges, advice and guidance on open source education
textbooks and related materials. It is the intent of the Legislature
in enacting this paragraph that the council actively solicit and
consider student perspectives related to open source education
textbooks and related materials on matters such as format,
accessibility, and usability.
(d) The council shall establish a competitive request for proposal
process in which faculty members, publishers, and other interested
parties may apply for funds to produce the 50 high-quality,
affordable, digital open source textbooks and related materials in
2013. Nothing in this subdivision shall be construed to limit or
restrict the council from developing or acquiring, either for a
charge or for free, existing high-quality digital open source
textbooks and related materials that otherwise meet the
specifications of this section.
(e) The council shall submit a report to the Legislature and the
Governor on the progress of the implementation of this section no
later than six months after the act that adds this section becomes
operative, and submit a final report by January 1, 2016.
(f) The textbooks and other materials produced pursuant to this
section shall comply with all of the following requirements:
(1) The textbooks and other materials are placed under a creative
commons attribution license that allows others to use, distribute,
and create derivative works based upon the digital material while
still allowing the authors or creators to receive credit for their
efforts.
(2) The textbooks and other materials are modular in order to
allow easy customization, and are encoded in an Extensible Markup
Language (XML) format, or other appropriate successor format, and are
designed and delivered to achieve interoperability enabling the
materials to be made available reliably and successfully on the
widest possible range of platforms, such as the Internet, tablets,
smartphones, print, or other platforms.
(3) The textbooks and other materials conform to the most current,
ratified standards under Section 508 of the federal Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content
Accessibility Guidelines adopted by the World Wide Web Consortium for
accessibility. The textbooks and other materials shall be furnished
to colleges and universities for distribution to students with print
disabilities in accordance with the requirements of Section 67302 or
67302.5, as applicable.
(4) The textbooks and other materials are submitted to, and housed
within, the California Open Source Digital Library, when and if that
library is established pursuant to statute.
SEC. 3. Section 67302 of the Education Code is amended to read:
67302. (a) (1) An individual, firm, partnership, or corporation
that publishes or manufactures printed instructional materials for
students attending the University of California, the California State
University, or a California Community College, shall provide to the
university, college, or particular campus of the university or
college, for use by students attending the University of California,
the California State University, or a California Community College,
any printed instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the college or
campus. Computer files or electronic versions of printed
instructional materials shall maintain the structural integrity of
the printed instructional material, be compatible with commonly used
braille translation and speech synthesis software, and include
corrections and revisions as may be necessary. The computer files or
electronic versions of the printed instructional material shall be
provided to the university, college, or particular campus of the
university or college at no additional cost and in a timely manner,
upon receipt of a written request that does all of the following:
(A) Certifies that the university, college, or particular campus
of the university or college has purchased the printed instructional
material for use by a student with a disability or that a student
with a disability attending or registered to attend that university,
college, or particular campus of the university or college has
purchased the printed instructional material. The requirements of
this subparagraph shall be satisfied if the instructional material
consists of a digital open source textbook or related materials
developed or acquired pursuant to Section 66409.
(B) Certifies that the student has a disability that prevents him
or her from using standard instructional materials.
(C) Certifies that the printed instructional material is for use
by the student in connection with a course in which he or she is
registered or enrolled at the university, college, or particular
campus of the university or college.
(D) Is signed by the coordinator of services for students with
disabilities at the university, college, or particular campus of the
university or college or by the campus or college official
responsible for monitoring compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) at the
university, college, or particular campus of the university or
college.
(2) If and when the California Open Source Digital Library is
established pursuant to statute, the request described in paragraph
(1) shall be submitted to, and satisfied by, the library where the
instructional material needed by a student with a disability is
available from that library.
(b) An individual, firm, partnership, or corporation specified in
subdivision (a) may also require that, in addition to the conditions
enumerated above, the request shall include a statement signed by the
student agreeing to both of the following:
(1) He or she will use the electronic copy of the printed
instructional material in specialized format solely for his or her
own educational purposes.
(2) He or she will not copy or duplicate the printed instructional
material for use by others.
(c) If a college or university permits a student to directly use
the electronic version of an instructional material, the disk or file
shall be copy-protected, or the college or university shall take
other reasonable precautions to ensure that students do not copy or
distribute electronic versions of instructional materials in
violation of the Copyright Revisions Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(d) An individual, firm, partnership, or corporation that
publishes or manufactures nonprinted instructional materials for
students attending the University of California, the California State
University, or a California Community College shall provide computer
files or other electronic versions of the nonprinted instructional
materials for use by students attending the University of California,
the California State University, or a California Community College,
subject to the same conditions set forth in subdivisions (a) and (b)
for printed instructional materials, when technology is available to
convert these nonprinted instructional materials to a format that
maintains the structural integrity of the nonprinted instructional
materials that is compatible with braille translation and speech
synthesis software.
(e) For purposes of this section:
(1) "Instructional material or materials" means textbooks and
other materials written and published primarily for use by students
in postsecondary instruction, including, but not limited to, digital
open source textbooks and related materials developed or acquired
pursuant to Section 66409, that are required or essential to a
student's success in a course of study in which a student with a
disability is enrolled. The determination of which materials are
"required or essential to student success" shall be made by the
instructor of the course in consultation with the official making the
request pursuant to paragraph (4) of subdivision (a) in accordance
with guidelines issued pursuant to subdivision (i). "Instructional
material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially
available that permits the conversion of existing electronic files of
the materials into a format that is compatible with braille
translation software or alternative media for students with
disabilities.
(2) "Nonprinted instructional materials" means instructional
materials in formats other than print, and includes instructional
materials that require the availability of electronic equipment in
order to be used as a learning resource, including, but not
necessarily limited to, software programs, videotapes and audiotapes.
(3) "Printed instructional material or materials" means
instructional material or materials in book form or other printed
form.
(4) "Specialized format" means braille, audio, or digital text
that is exclusively for use by blind persons or other persons with
disabilities.
(5) "Structural integrity" means all of the printed instructional
material, including, but not limited to, the text of the material,
sidebars, the table of contents, chapter headings and subheadings,
footnotes, indexes, glossaries, and bibliographies. "Structural
integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts. If good-faith efforts fail to
produce an agreement pursuant to subdivision (a) between the
publisher or manufacturer and the university, college, or particular
campus of the university or college, as to an electronic format that
will preserve the structural integrity of the printed instructional
material, the publisher or manufacturer shall provide the
instructional material in ASCII text and shall preserve as much of
the structural integrity of the printed instructional material as
possible.
(f) Nothing in this section shall be construed to prohibit a
university, college, or particular campus of the university or
college from assisting a student with a disability by using the
electronic version of printed instructional material provided
pursuant to this section solely to transcribe or arrange for the
transcription of the printed instructional material into braille. In
the event a transcription is made, the campus or college shall have
the right to share the braille copy of the printed instructional
material with other students with disabilities.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests for electronic
versions of instructional materials pursuant to this section. If a
segment establishes a center or centers, and a college or campus
within the jurisdiction of the center chooses to participate in the
center, each of the following shall apply:
(1) A college or campus designated as within the jurisdiction of a
center shall submit requests for instructional material made
pursuant to subdivision (a) to the center, which shall transmit the
request to the publisher or manufacturer.
(2) If there is more than one center, each center shall make every
effort to coordinate requests within its segment.
(3) The publisher or manufacturer of instructional material shall
be required to honor and respond to only those requests submitted
through a designated center.
(4) If a publisher or manufacturer has responded to a request for
instructional materials by a center, or on behalf of all the centers
within a segment, all subsequent requests for these instructional
materials shall be satisfied by the center to which the request is
made.
(h) Nothing in this section shall be deemed to authorize any use
of instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(i) The governing boards of the California Community Colleges, the
California State University, and the University of California shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the guidelines shall
address all of the following:
(1) The designation of materials deemed "required or essential to
student success."
(2) The determination of the availability of technology for the
conversion of nonprinted materials pursuant to subdivision (d) and
the conversion of mathematics and science materials pursuant to
paragraph (4) of subdivision (e).
(3) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (a) and (b).
(4) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(j) Failure to comply with the requirements of this section shall
be a violation of Section 54.1 of the Civil Code.
(k) This section does not apply to a request by an institution for
a captioned format, as defined in paragraph (1) of subdivision (a)
of Section 67302.5, of an instructional material, as defined in
paragraph (4) of subdivision (a) of Section 67302.5.
SEC. 4. Section 67302.5 of the Education Code is amended to read:
67302.5. (a) As used in this section, the following terms have
the following meanings:
(1) "Captioned" or "captioning" means the display of text
corresponding to, and synchronized with, the spoken-word audio
portion of instructional material.
(2) "Electronic format" means a computer file or other digital
medium that embodies instructional material, is not itself captioned,
but from which a captioned format may be created using commercially
available technology.
(3) "Institution" means the University of California, the
California State University, a California Community College, or any
campus or location of any of those institutions.
(4) "Instructional material" means any audiovisual work, as that
term is defined in Section 101 of Title 17 of the United States Code,
that is created and published primarily for use by students in
postsecondary instruction, and is required for a student's success in
a course of study in which a student with a disability is enrolled.
The determination of which materials are "required for student
success" shall be made by the instructor of the course in
consultation with the official making the request pursuant to
subdivision (b) in accordance with guidelines issued pursuant to
subdivision (i). "Instructional material" includes audio-visual works
that constitute digital open source textbooks and related materials
developed or acquired pursuant to Section 66409.
(5) "Publisher" means any individual, firm, partnership, or
corporation that is engaged in the business, whether for profit or
not for profit, of selling instructional material in which it owns or
controls some or all of the copyright to that material. "Publisher"
does not include any entity that is a subdivision of any state or
other governmental body, other than the State of California.
(6) "Writing" includes facsimile transmission and e-mail.
(b) (1) A publisher that publishes instructional material used by
students attending, or by instructors for use in classroom
presentations at, the University of California, the California State
University, or a California Community College, shall, upon request by
an institution on behalf of a student or instructor at that
institution, do one of the following:
(A) Provide access to a captioned format of the instructional
material directly to the student or the instructor by providing an
Internet password, delivery of a disk or file, or in any other
appropriate manner.
(B) Provide to the institution a captioned format of the
instructional material.
(C) Provide to the institution an electronic format, if available,
of the instructional material, unless the institution already has an
electronic format in its possession, and a license permitting the
institution to create a captioned format of the material, to the
extent the publisher has the right to grant that license.
(2) A publisher shall respond to a properly addressed request that
meets the requirements of subdivision (c) in the following manner,
as applicable:
(A) Within 10 calendar days after the receipt of the request, the
publisher shall provide to the institution a notice, in writing, as
to which of the three actions in paragraph (1) it intends to take.
(B) If the publisher does not possess an electronic format of the
instructional material, it shall advise the institution of that fact
in the notice provided pursuant to subparagraph (A).
(C) If the publisher lacks sufficient rights to distribute, or
license the institution to create, a captioned format of some or all
of the instructional material covered by the request, it shall advise
the institution of that fact in the notice provided pursuant to
subparagraph (A), and shall provide both of the following to the
institution, to the extent that the publisher is able to do so:
(i) An electronic format of the instructional material to which
the publisher does not control the applicable rights.
(ii) The name and contact information of the person that the
publisher believes to be capable of authorizing creation of a
captioned format of the instructional material. Any person capable of
authorizing the creation of the captioned format shall be deemed to
be the publisher of that material for purposes of this section.
(D) If the publisher notifies the institution that it will provide
an electronic format and a license permitting the institution to
create a captioned format, it shall provide the electronic format and
the license within seven calendar days of providing the notice
pursuant to subparagraph (A).
(E) If the publisher notifies the institution that it will provide
a captioned format of the requested material, the publisher shall
provide the captioned format as soon as it is possible to do so, but
not later than 14 calendar days after providing the notice pursuant
to subparagraph (A).
(3) If a publisher fails to respond to a request, as required by
paragraph (2), within 10 calendar days of receiving the request, the
institution shall be deemed to have received a license permitting the
institution to create a captioned format of the instructional
material.
(4) If and when the California Open Source Digital Library is
established pursuant to statute, the request described in paragraph
(1) shall be submitted to, and satisfied by, the library where the
instructional material needed by a student with a disability is
available from that library.
(c) (1) An institution, if it chooses to submit a request pursuant
to subdivision (b), shall include in the request all of the
following:
(A) Certification that the institution or an instructor at that
institution has purchased the instructional material either (i) for
use by a student with an auditory disability that prevents the
student from using the instructional material in a noncaptioned
format or (ii) for use in a class in which a student with such a
disability is enrolled, or that a student with such a disability
attending, or registered to attend, that institution has purchased
the instructional material. The requirements of this subparagraph
shall be satisfied if the instructional material consists of a
digital open source textbook or related materials developed or
acquired pursuant to Section 66409.
(B) Certification that the student has an auditory disability that
prevents the student from using instructional material in
noncaptioned format.
(C) Certification that the instructional material is for use by
the student or an instructor in connection with a course in which the
student is registered or enrolled at the institution.
(D) The signature of the coordinator of services for students with
disabilities at the institution, or by an official responsible for
monitoring compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) at the institution.
(E) At a minimum, an e-mail address and a facsimile number at
which the person signing the request may be contacted.
(2) A publisher may require, in addition to the requirements
enumerated in paragraph (1), a request to include a statement signed
by the student agreeing to both of the following:
(A) He or she will use the captioned format of the instructional
material solely for his or her own educational purposes.
(B) He or she will not distribute or reproduce the captioned
format for use by others.
(d) (1) Any institution possessing an electronic format of an
instructional material shall take reasonable precautions to ensure
that the electronic format is not distributed to any third party,
except as provided in paragraph (2) and subdivision (e), and shall,
to the extent possible, maintain in effect all copy-protection
measures embedded in any electronic format provided by a publisher.
(2) An institution may retain an outside vendor to assist it in
the exercise of rights granted to it by a publisher or by this
section, and shall ensure, pursuant to an agreement that the
publisher and the institution shall both have the power to enforce,
that the electronic format is not further distributed and that any
captioned format made from it is provided only to the institution.
(e) (1) If a publisher provides to an institution a captioned
format of instructional materials, the institution shall provide the
captioned format to the student or instructor on whose behalf the
request was made and may retain a copy of that captioned format.
(2) Except as provided in paragraph (4), if a publisher grants an
institution a license to create a captioned format, the institution
shall provide a copy of the resulting captioned format to the
publisher and may retain a copy of the captioned format.
(3) Pursuant to paragraph (1) or (2), the institution may provide
additional copies to any other of its students, any instructor
employed by the institution for classroom use, any student at any
other institution, or any other institution for classroom use, if the
institution collects and forwards to the publisher all institutional
and student certifications required
under subdivision (b).
(4) The institution shall cease to distribute additional copies of
a captioned format to any other institution if either of the
following occurs:
(A) The institution receives notice that a captioned format has
become commercially available from the publisher or other copyright
owner of the instructional material. However, if this occurs, the
institution may continue to allow its own instructors to use any
captioned format that the institution previously created.
(B) The publisher, or other copyright owner, of the instructional
material notifies the institution that the institution's captioned
format contains material errors or omissions.
(5) An instructor who receives a captioned format, or access to a
captioned format pursuant to subparagraph (A) of paragraph (1) of
subdivision (b), shall not use the captioned format for any purposes
except for the classroom use for which the captioned format was
requested or, in accordance with paragraph (3), for use in other
classes at the institution with which the instructor is affiliated at
the time that a request was made pursuant to subdivision (b).
(f) (1) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each designate an office, or may by
agreement designate a single office, to maintain a registry of
publisher contact information. A registry office designated pursuant
to this subdivision may be a center described in subdivision (g) of
this section or subdivision (g) of Section 67302.
(2) A publisher intending to sell instructional materials in the
state shall provide to the office designated pursuant to paragraph
(1) the name and contact information of its office or employee
designated to handle requests made under this section, or an Internet
Web site containing that information. If a publisher fails to
provide that information, a request under subdivision (b) may be sent
to a publisher at the address of its primary place of business, to
the attention of its rights and permissions department.
(g) The Chancellor of the California Community Colleges, the
Chancellor of the California State University, and the President of
the University of California may each establish one or more centers
within their respective segments to process requests pursuant to this
section. A center under this subdivision may be a center established
under subdivision (g) of Section 67302. All of the following
requirements apply with respect to any center established or
designated for the purposes of this subdivision:
(1) If an institution designated as within the jurisdiction of a
center chooses to process requests in the manner set forth in this
subdivision, it shall submit all requests made under this section to
the center, which shall transmit these requests to publishers.
(2) Each center shall make every effort to coordinate requests
within its segment.
(3) A publisher shall not be required to respond to requests from
institutions that a center has been designated to represent, unless
those requests are communicated through the center.
(4) The center shall, in handling all electronic formats and
captioned formats for the benefit of students enrolled in the
institutions the center represents, have the same rights and
obligations arising under subdivisions (d) and (e) as the
institutions on whose behalf it acts.
(h) Access to a captioned format, an electronic format, or a
license to create a captioned format pursuant to subdivision (b)
shall be provided free of any fee or royalty that is additional to
the initial purchase of the instructional material by the student,
the instructor, or the institution.
(i) (1) The Board of Governors of the California Community
Colleges and the Trustees of the California State University may, and
the Regents of the University of California are requested to, adopt
guidelines consistent with this section for its implementation and
administration. It is the intent of the Legislature that the
guidelines, if adopted, address all of the following:
(A) The designation of materials deemed "required for student
success."
(B) The procedures and standards relating to distribution of files
and materials pursuant to subdivisions (b), (d), and (e).
(C) The possibility of involving outside networks or partnerships
between publishers and institutions to provide for access to
instructional materials for students with disabilities and to
facilitate the issuance of licenses by publishers under subparagraph
(C) of paragraph (1), and paragraph (3), of subdivision (b).
(D) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(2) For purposes of paragraph (1), the Board of Governors of the
California Community Colleges, the Trustees of the California State
University, and the University of California are encouraged, from
time to time, in the reasonable discretion of the respective
governing body, to convene an advisory group, at least one-third of
the membership of which shall be representatives designated by
publishers as having a substantial volume of transactions with
institutions under this section.
(j) Nothing in this section shall be construed to require a
publisher to produce or deliver an electronic format of instructional
material if the publisher offers that instructional material for
sale only in a form that is not computer-readable.
(k) Nothing in this section shall be construed as vesting any
copyright or copyright interest in any captioned format in any person
or entity other than the publisher.
(l) Nothing in this section shall be construed to authorize any
use of instructional materials that would violate the takings clause
of the Fifth Amendment to the United States Constitution or would
constitute an infringement of copyright under the Copyright Revision
Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(m) This section exclusively governs requests for captioned
formats of instructional materials and Section 67302 does not apply
to requests for captioned formats of instructional materials.
(n) The provisions of this section shall apply to the University
of California, the California State University, and the California
Community Colleges only to the extent that the respective
institution, by appropriate resolution, makes these provisions
applicable.
SEC. 5. Sections 1, 2, 3, and 4 of this act shall become operative
only if funding for the purposes of this act is provided in an
appropriation in the annual Budget Act or another statute, or through
federal or private funds, or through a combination of state,
federal, and private funds.
