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SB-727 Public postsecondary education: instructional materials: innovative pricing.(2017-2018)

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Date Published: 05/18/2017 09:00 PM
SB727:v97#DOCUMENT

Amended  IN  Senate  May 18, 2017
Amended  IN  Senate  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 727


Introduced by Senator Galgiani

February 17, 2017


An act to add Section 66406.6 to the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 727, as amended, Galgiani. Public postsecondary education: instructional materials: innovative pricing.
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 provision of the Donahoe Higher Education Act requires the trustees and the board of governors, and requests the regents, to work with the academic senates of each respective segment to encourage faculty to give consideration to the least costly practices in assigning textbooks, and to work with publishers and college and university bookstores in creating bundles and packages if they are economically sound and deliver cost savings to students, as specified.
This bill would add to the Donahoe Higher Education Act a provision authorizing public postsecondary educational institutions to adopt policies, consistent with a designated federal regulation as it exists on January 1, 2017, policies that allow for the use of innovative pricing techniques and payment options for textbooks and other instructional materials, as specified. The bill would require that innovative pricing techniques and payment options adopted pursuant to the bill include an opt-out provision for students, and further would require that they be adopted only if there is documented evidence that the proposed options, if they are adopted, would actually reduce the cost of the textbooks or other instructional materials for students taking a course. The bill would provide that nothing in its provisions, nor any policy adopted by a public postsecondary educational institution pursuant to this bill, shall violate, or be construed to be inconsistent with, the academic freedom of faculty as it relates to the assignment and use of instructional materials.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 66406.6 is added to the Education Code, to read:

66406.6.
 (a) Each public postsecondary educational institution may adopt policies, consistent with Section 668.164(c)(2) of Title 34 of the Code of Federal Regulations, as it exists on January 1, 2017, policies that allow for the use of innovative pricing techniques and payment options for textbooks and other instructional materials.
(b) Policies adopted pursuant to subdivision (a) may include, but are not necessarily limited to, bulk pricing arrangements that enable students to purchase course materials or texts that are delivered by any of the following methods:
(1) Delivered digitally.
(2) Delivered through a technology that is, or the license of which is, required to only be used within a course.
(3) Delivered in a print format.
(c) Innovative pricing techniques and payment options adopted pursuant to this section shall include an opt-out provision for students, and may be adopted only if there is documented evidence that the proposed options, if they are adopted, would actually reduce the cost of the textbooks or other instructional materials for students taking a course.
(d) Nothing in this section, nor any policy adopted by a public postsecondary educational institution pursuant to this section, shall violate, or be construed to be inconsistent with, the academic freedom of faculty as it relates to the assignment and use of instructional materials.