2009 California Education Code - Section 66400-66410 :: Chapter 6. Academic Materials

66400.  No person shall prepare, offer to prepare, cause to be
prepared, sell, or otherwise distribute any term paper, thesis,
dissertation, or other written material for another person, for a fee
or other compensation, with the knowledge, or under circumstances in
which he should reasonably have known, that such term paper, thesis,
dissertation, or other written material is to be submitted by any
other person for academic credit at any public or private college,
university, or other institution of higher learning in this state.

66401.  No person shall make or disseminate, with the intent to
induce any other person to enter into any obligation relating
thereto, any statement, written or oral, that he will prepare, cause
to be prepared, sell, or otherwise distribute any term paper, thesis,
dissertation, or other written material, for a fee or other
compensation, for or on behalf of any person who has been assigned
the written preparation of such term paper, thesis, dissertation, or
other written material for academic credit at any public or private
college, university, or other institution of higher learning in this
state.

66402.  Any court of competent jurisdiction is hereby authorized to
grant such relief as is necessary to enforce the provisions of this
chapter, including the issuance of an injunction.

66403.  Actions for injunction under the provisions of this chapter
may be brought in the name of the people of the State of California
upon their own complaint or upon the complaint of any person, or in
the name of any public or private college, university, or other
institution of higher learning, acting for the interest of itself,
its students, or the general public.

66404.  The provisions of this chapter are not exclusive. Nothing in
this chapter shall be construed to preempt or in any other way
limit, diminish, or imply the absence of rights of any party, public
or private, against any person in connection with any of the acts
described in Section 66400 or Section 66401.

66405.  As used in this chapter, "person" means any individual,
partnership, corporation, limited liability company, or association.
   As used in this chapter, "prepare" means to put into condition for
intended use. "Prepare" does not include the mere typing or
assembling of papers, nor the mere furnishing of information or
research.

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 urges textbook publishers to do 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, 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.
   (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. 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.
   (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.

66406.7.  (a) This section shall be known and may be cited as the
College Textbook Transparency Act.
   (b) As used in this section, the following terms have the
following meanings:
   (1) "Adopter" means any faculty member or academic department or
other adopting entity at an institution of higher education
responsible for considering and choosing course materials to be used
in connection with the accredited courses taught at that institution.
   (2) "Complimentary copies" or "review course materials" only
includes books that in all appearances are the same as the regular
student edition of the textbook, and contain no material other than
that found in the regular student edition of the textbook.
   (3) "Instructor copies" or "complimentary teacher editions" means
books with information that is meant to be for the exclusive use of
teachers and not for students. These books contain answers and
solutions, test questions, and pedagogical techniques, and are often
labeled instructor's edition or instructor's manuals.
   (4) "New edition of textbook" means a subsequent version of an
earlier standard textbook. A standard textbook is the primary, full,
and unabridged edition of a textbook. An abridged, alternate format,
or alternate version of a standard textbook shall not be considered a
new edition.
   (5) "Publisher" means any publishing house, publishing firm, or
publishing company that publishes textbooks or other course
materials, specifically designed for postsecondary instruction.
   (6) "Textbook" means a book that contains printed material and is
intended for use as a source of study material for a class or group
of students, a copy of which is expected to be available for the use
of each of the students in that class or group. "Textbook" does not
include a novel.
   (7) "Unsolicited complimentary copies" means all items described
in paragraph (2) and that were not requested by faculty but are sent
by the publisher unsolicited by a faculty or staff member.
   (c) (1) Adopters are encouraged to consider cost in the adoption
of textbooks.
   (2) Publishers shall facilitate the work done by adopters by
providing transparency in the adoption process and shall be
responsive in a timely manner to requests for information on textbook
cost and content, and the full range of options.
   (d) (1) On or after January 1, 2010, the publisher of a textbook
shall print on the outer cover of, or within, the standard textbook,
both of the following items:
   (A)  For any new editions of textbooks initially published on or
after January 1, 2010, a summary of the substantive content
differences between the new edition and the prior edition.
   (B) The copyright date of the previous edition of the textbook.
   (2) For instructor copies or complimentary teacher editions, it
shall be noted on the exterior of the book that the book is an
instructor's copy and is not for resale.
   (e) (1) A publisher, or agent or employee of a publisher, of
textbooks intended for use at a postsecondary educational institution
shall respond to a request from an adopter for any of the following:
   (A) A list of the products offered for sale by that publisher that
are relevant to the needs and interests of adopters.
   (B) The price at which the new book is available from the
publisher.
   (C) The copyright date of any prior edition of a textbook, if
available.
   (D) A list of the substantial content differences or changes made
between the current edition initially published on or after January
1, 2010, and the previous edition of the textbook, including, but not
necessarily limited to, new chapters, additional eras of time, new
themes, or new subject matter.
   (2) The information described in this subdivision shall be
available in print or electronically to the adopter.
   (f) Each campus bookstore at any public postsecondary educational
institution shall post in its store or on its Internet Web site a
disclosure of its retail pricing policy on new and used textbooks.
   (g) Each public postsecondary educational institution shall
encourage adopters with course material selection responsibilities to
place their orders with sufficient lead time, whenever possible, to
enable the university-managed bookstore or contract-managed bookstore
to confirm the availability of the requested materials.
   (h) This section does not limit the authority of faculty over
decisions relating to the selection of textbooks.
   (i)  An adopter at an institution of higher education shall not
demand or receive anything of value, including the donation of
equipment or goods, any payment, loan, advance, or deposit of money,
present or promised, for adopting specific course materials required
for coursework or instruction, except that an employee may receive
any of the following:
   (1) Complimentary copies, review course materials, or instructor
copies. The adopters shall not sell instructor copies.
   (2) Royalties or other compensation from sales of course materials
that include the instructor's writing or other work. Receipt of
these royalties or compensation is subject to the employer's standing
policies or collective bargaining agreements relating to employee
conflicts of interest.
   (3) Honoraria for academic peer review of course materials.
Receipt of honoraria is subject to the employer's standing policies
relating to employee conflicts of interest.
   (4) Training in the use of course materials and course
technologies. Payment for travel and lodging and or meals shall be
subject to the employer's standing polices relating to employee
conflicts of interest and compensation.
   (j) A publisher or campus bookstore shall not solicit faculty for
the purpose of the sale of instructor copies or complimentary
teachers editions of textbooks that have been provided by a publisher
at no charge to a faculty member or other employee. This subdivision
does not apply to unsolicited complimentary copies.
   (k) A campus bookstore shall not engage in any trade of any course
material marked, or otherwise identified, as instructor copies or
complementary teachers editions of textbooks.
   (l) Any self-published textbook by an instructor for use with that
instructor's class shall be exempt from this section, if the
instructor discloses the publishing and use of those materials to his
or her employer institution.

66410.  (a) No later than January 1, 2020, any individual, firm,
partnership, or corporation that publishes textbooks offered for sale
at the University of California, the California State University,
the California Community Colleges, or a private postsecondary
educational institution in the state shall, to the extent
practicable, make the textbooks available, in whole or in part, for
sale in an electronic format. The electronic version of any textbook
shall contain the same content as the printed version and may be
copy-protected.
   (b) For purposes of this section, "textbook" has the same meaning
as defined in subdivision (b) of Section 66406.7.
   (c) This section does not 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.).