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 that allow for the use of innovative pricing techniques and payment options for textbooks and other instructional materials, as specified. The bill would also authorize public postsecondary educational institutions to consult with students, faculty, financial aid officers, counselors, campus bookstores, or other appropriate campus interests with respect to these policies.

The bill would require that innovative pricing techniques and payment options adopted pursuant to the bill 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 inconsistent with, the academic freedom of faculty as it relates to the assignment and use of instructional materials. The bill would provide that its provisions shall not be construed to require a student to purchase course materials through an innovative pricing technique or payment option adopted by a public postsecondary educational institution.