2005 California Education Code Sections 66400-66406 CHAPTER 6. ACADEMIC MATERIALS

EDUCATION CODE
SECTION 66400-66406

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 instruction 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 information on publishers' Web sites where
it is easily accessible:
   (A) A list of all 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.


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