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