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SB-386 Postsecondary education: textbooks.(2009-2010)

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Amended  IN  Senate  May 06, 2009
Amended  IN  Senate  April 21, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill No. 386


Introduced  by  Senator Runner
(Coauthor(s): Senator Liu)

February 26, 2009


An act to add and repeal Section 66406.8 of the Education Code, relating to college textbooks.


LEGISLATIVE COUNSEL'S DIGEST


SB 386, as amended, Runner. Postsecondary education: textbooks.
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the higher education system in the state, including the 3 public segments, which are: 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. 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 postsecondary education students currently pay for textbooks. 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 work with the academic senates of each respective segment to encourage faculty to give consideration to the least costly practices in assigning textbooks, to encourage faculty to disclose to students how new editions of textbooks are different from previous editions and the cost to students for textbooks selected, to review procedures for faculty to inform college and university bookstores of textbook selections, and to encourage faculty to work closely with publishers and college and university bookstores in creating bundles and packages that are economically sound and deliver cost savings to students.
Existing law expresses 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.
This bill would require a faculty member at the California Community Colleges or the California State University who adopts a new edition of a textbook within 3 years after the adoption of a previous edition of the textbook, to justify prepare a justification for the adoption of the new edition of the textbook by performing a specified cost-benefit analysis. The bill would require a faculty member to submit the cost-benefit analysis justification to specified entities within the institution of higher education. The bill would request the University of California to adopt regulations for the implementation of these requirements. The bill would repeal these provisions on January 1, 2016.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66406.8 is added to the Education Code, to read:

66406.8.
 (a) The Legislature finds and declares all of the following:
(1) As the costs of tuition and fees at institutions of higher education are expected to rise, students need relief from the costs of higher education.
(2) Making it easier for students to use older editions of textbooks will allow students to offset increased costs of tuition and fees at institutions of higher education.
(b) (1) A faculty member at the California Community Colleges or the California State University who adopts a new edition of a textbook, as defined in subdivision (b) of Section 66406.7, within three years after the adoption of a previous edition of that textbook, shall justify prepare a justification for the adoption of the new edition of the textbook by performing a cost-benefit analysis that includes all of the following:
(A) A justification for adopting the new edition of the textbook within the three-year period.
(B) A comparison of the differences between the new edition of the textbook and previous editions of the textbook.
(C) A disclosure of any financial interest of the faculty member related to requiring students to purchase the new edition of the textbook.
(2) The faculty member shall submit, in writing, copies of the analysis justification described in paragraph (1) to the institution’s academic senate, administration, and student government. The faculty member shall make copies of the analysis justification available to students.
(c) The Regents of the University of California are requested to adopt regulations for the implementation of subdivision (b) by the University of California.
(d) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.