Bill Text: CA SB216 | 2009-2010 | Regular Session | Amended
Bill Title: Public postsecondary education: textbooks.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB216 Detail]
Download: California-2009-SB216-Amended.html
BILL NUMBER: SB 216 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE MARCH 26, 2009
INTRODUCED BY Senator Liu
FEBRUARY 23, 2009
An act to amend Section 66406 of the Education Code, relating to
college instructional materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 216, as amended, Liu. Public postsecondary education:
textbooks.
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 revise that provision affecting textbook
publishers to encourage publishers to take, at a minimum, those
specified actions aimed at reducing the amounts that students
currently pay for textbooks. The bill would encourage publishers, in
providing lists and prices of different products they sell, to
include products they have sold.
This bill would require the California State University and the
California Community Colleges, and would request the University of
California, to post a list of required textbooks and the cost of the
textbook on their respective Internet Web sites, at least 30 days
prior to the first day of class for each term. For bundled materials,
the bill would require the course instructor to confirm his or her
intent to use each individual item sold as part of the bundled
package before adoption of the material is finalized.
By imposing new duties on community college districts, this bill
would impose a state-mandated local program.
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 66406 of the Education Code is amended to read:
66406. (a) The Legislature finds and declares that the production
and pricing of college textbooks deserves a high level of attention
from educators and lawmakers because they impact the quality and
affordability of higher education.
(b) The State of California encourages textbook publishers to do,
at a minimum, all of the following:
(1) "Unbundle" the instructional materials to give students the
option of buying textbooks, CD-ROMs, and workbooks "a la carte" or
without additional materials.
(2) Provide all of the following information to faculty and
departments when they are considering what textbooks to order, and
post both of the following types of information on publishers'
Internet Web sites where it is easily accessible:
(A) A list of all of the different products they sell, or have
sold, including both bundled and unbundled options, and the net price
of each product.
(B) An explanation of how the newest edition is different from
previous editions.
(3) Give preference to paper or online supplements to current
editions rather than producing entirely new editions.
(4) Disclose to faculty the length of time they intend to produce
the current edition so that professors know how long they can use the
same book.
(5) Provide to faculty a free copy of each textbook selected by
faculty for use in the classroom for placement on reserve in the
campus library.
(c) 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, accomplish
all of the following:
(1) Work with the academic senates of each respective segment to
do all of the following:
(A) Encourage faculty to give consideration to the least costly
practices in assigning textbooks, varying by discipline, such as
adopting the least expensive edition when the educational content is
equal, and using a selected textbook as long as it is educationally
sound, as determined by the appropriate faculty.
(B) Encourage faculty to disclose both of the following to
students:
(i) How new editions of textbooks are different from the previous
editions.
(ii) The cost to students for textbooks selected for use in each
course.
(C) Review procedures for faculty to inform college and university
bookstores of textbook selections to ensure that textbook adoptions
are made with sufficient lead time to allow bookstores to confirm
availability of the requested materials and, where possible, ensure
maximum availability of used books.
(D) Encourage faculty to work closely with publishers and college
and university bookstores in creating bundles and packages if they
are economically sound and deliver cost savings to students, and if
bundles and packages have been requested by faculty. The course
instructor or the academic department offering the course shall
confirm the intent to use each individual item sold as part of the
bundled package before the adoption of the material is finalized.
Students should have the option of purchasing textbooks and other
instructional materials that are "unbundled."
(2) Require college and university bookstores to work with the
academic senates of each respective campus to do both of the
following:
(A) Review issues relative to timelines and processes involved in
ordering and stocking selected textbooks.
(B) Work closely with faculty or publishers, or both, to create
bundles and packages that are economically sound and deliver cost
savings to students.
(3) Encourage college and university bookstores to disclose retail
textbook costs, on a per course basis, to faculty, and make this
information otherwise publicly available.
(4) Encourage campuses to provide as many forums for students to
have access to as many used books as possible, including, but not
necessarily limited to, all of the following:
(A) Implementing campus-sponsored textbook rental programs.
(B) Encouraging students to consider on-campus and online book
swaps so that students may buy and sell used books and set their own
prices.
(C) Encouraging students to consider student book lending
programs.
(D) Encouraging college and university bookstores that offer book
buyback programs to actively promote and publicize these programs.
(E) Encouraging the establishment of textbook rental programs and
any other appropriate approaches to providing high-quality materials
that are affordable to students.
(5) Post Beginning on July 1, 2010, post
on the Internet Web site of each respective segment, as early
as is feasible, but not less than 30 days prior to the first day of
class for each term, a list of each textbook required for each course
offered at the institution during the upcoming term. The posted list
shall include the International Standard Book Number (ISBN) for each
required textbook or other identifying information, which shall
include, at a minimum, all of the following: the title, all
authors listed, publishers, edition number, copyright date,
publication date the primary author, publisher,
copyright, or publication year , and other relevant information
necessary to identify the specific textbook or textbooks required
for each course. The list shall also include the price charged to
students by the campus bookstore of the institution for each required
textbook. Limited exceptions to this requirement may be made for
classes added to the academic calendar after the notification
deadline.
(d) It is the intent of the Legislature to encourage private
colleges and universities to work with their respective academic
senates and to encourage faculty to consider practices in selecting
textbooks that will result in the lowest costs to students.
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.
