Associated Students Bookstore

AS Bookstore

	Student Operated Since 1929.	AS Chico • CSU, Chico • Alumni • Bookstore Info.

SEC. 112. TEXTBOOK INFORMATION. (Creates a new section #133, in the HEA)

‘‘(a) PURPOSE AND INTENT.

The purpose of this section is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials. It is the intent of this section to encourage all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and publishers, to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students.

‘‘(b) DEFINITIONS.—In this section:

‘‘(1) BUNDLE.—The term ‘bundle’ means one or more college textbooks or other supplemental materials that may be packaged
together to be sold as course materials for one price.
‘‘(2) COLLEGE TEXTBOOK.—The term ‘college textbook’ means a textbook or a set of textbooks, used for, or in conjunction with,
a course in postsecondary education at an institution of higher education.
‘‘(3) COURSE SCHEDULE.—The term ‘course schedule’ means a listing of the courses or classes offered by an institution of
higher education for an academic period, as defined by the institution.
‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom textbook’—
‘‘(A) means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or
adopting entity in charge of selecting course materials at an institution of higher education; and
‘‘(B) may include, alone or in combination, items such as selections from original instructor materials, previously
copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as
commemorative editions.
‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term
in section 102.
‘‘(6) INTEGRATED TEXTBOOK.—The term ‘integrated textbook’ means a college textbook that is—
‘‘(A) combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered
by publishers separately from the college textbook with which the materials are combined; or
‘‘(B) combined with other materials that are so interrelated with the content of the college textbook that the separation of
the college textbook from the other materials would render the college textbook unusable for its intended purpose.
‘‘(7) PUBLISHER.—The term ‘publisher’ means a publisher of college textbooks or supplemental materials involved in or
affectinginterstate commerce.
‘‘(8) SUBSTANTIAL CONTENT.—The term ‘substantial content’ means parts of a college textbook such as new chapters,
new material covering additional eras of time, new themes, or new subject matter.
‘‘(9) SUPPLEMENTAL MATERIAL.—The term ‘supplemental material’ means educational material developed to accompany a
college textbook that—
‘‘(A) may include printed materials, computer disks, website access, and electronically distributed materials; and
‘‘(B) is not being used as a component of an integrated textbook.

HEOA 2008

‘‘(c) PUBLISHER REQUIREMENTS.—

‘‘(1) COLLEGE TEXTBOOK PRICING INFORMATION.—When a publisher provides a faculty member or other person
or adopting entity in charge of selecting course materials at an institution of higher education receiving Federal
financial assistance with information regarding a college textbook or supplemental material, the publisher shall include, with
any such information and in writing (which may include electronic communications), the following:
‘‘(A) The price at which the publisher would make the college textbook or supplemental material available to the bookstore
on the campus of, or otherwise associated with, such institution of higher education and, if available, the price at which
the publisher makes the college textbook or supplemental material available to the public.
‘‘(B) The copyright dates of the three previous editions of such college textbook, if any.
‘‘(C) A description of the substantial content revisions made between the current edition of the college textbook or supplemental
material and the previous edition, if any.
‘‘(D) (i) Whether the college textbook or supplemental material is available in an y other format, including
paperback and unbound; and
(ii) for each other format of the college textbook or supplemental material, the price at which the publisher would make
the college textbook or supplemental material in the other format available to the bookstore on the campus of, or
otherwise associated with, such institution of higher education and, if available, the price at which the publisher makes
such other format of the college textbook or supplemental material available to the public.
‘‘(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLEMENTAL MATERIALS.—A publisher that sells a college textbook
and any supplemental material accompanying such college textbook as a single bundle shall also make available the college
textbook and each supplemental material as separate and unbundled items, each separately priced.
‘‘(3) CUSTOM TEXTBOOKS.—To the maximum extent practicable, a publisher shall provide the information required under this
subsection with respect to the development and provision of custom textbooks.

‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN COURSE SCHEDULES.—
To the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall—

‘‘(1) disclose, on the institution’s Internet course schedule and in a manner of the institution’s choosing, the International
Standard Book Number and retail price information of required and recommended college textbooks and supplemental
materials for each course listed in the institution’s course schedule used for preregistration and registration purposes,
except that—
‘‘(A) if the International Standard Book Number is not available for such college textbook or supplemental material, then the
institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college
textbook or supplemental material; and
‘‘(B) if the institution determines that the disclosure of the information described in this subsection is not practicable for a
college textbook or supplemental material, then the institution shall so indicate by placing the designation
‘To Be Determined’ in lieu of the information required under this subsection; and
‘‘(2) if applicable, include on the institution’s written course schedule a notice that textbook information is available on the
institution’s Internet course schedule, and the Internet address for such schedule.

‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE BOOKSTORES.—
An institution of higher education receiving Federal financial assistance shall make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon the request of such college bookstore, the most accurate information available regarding—

‘‘(1) the institution’s course schedule for the subsequent academic period; and
‘‘(2) for each course or class offered by the institution for the subsequent academic period—
‘‘(A) the information required by subsection (d)(1) for each college textbook or supplemental material required or
recommended for such course or class;
‘‘(B) the number of students enrolled in such course or class; and
‘‘(C) the maximum student enrollment for such course or class.

‘‘(f) ADDITIONAL INFORMATION.—
An institution disclosing the information required by subsection (d)(1) is encouraged to disseminate to students information regarding—

‘‘(1) available institutional programs for renting textbooks or for purchasing used textbooks;
‘‘(2) available institutional guaranteed textbook buy-back programs;
‘‘(3) available institutional alternative content delivery programs; or
‘‘(4) other available institutional cost-saving strategies.

‘‘(g) GAO REPORT.—
Not later than July 1, 2013, the Comptroller General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher education, college bookstores, and publishers. The report shall particularly examine—

‘‘(1) the availability of college textbook information on course schedules;
‘‘(2) the provision of pricing information to faculty of institutions of higher education by publishers;
‘‘(3) the use of bundled and unbundled material in the college textbook marketplace, including the adoption of
unbundled materials by faculty and the use of integrated textbooks by publishers; and
‘‘(4) the implementation of this section by institutions of higher education, including the costs and benefits to such institutions
and to students.

‘‘(h) RULE OF CONSTRUCTION.—
Nothing in this section shall be construed to supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials.

‘‘(i) NO REGULATORY AUTHORITY.—
The Secretary shall not promulgate regulations with respect to this section.’’.

College Textbook Transparency Act

AB 1548 – Solorio January 2008

This table shows the components of Education Code section 66406.7 as it affects Publishers, Colleges, Faculty, and Bookstores.

Publisher Requirements

Institution/Faculty Requirements

Bookstore Requirements

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 adoptions.

Consider cost in the adoption of textbooks.

Each Campus bookstore at any 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.

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:

•	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.
•	The copyright of the date of the previous edition of the textbook.

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.

A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complementary teacher’s editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. The subdivision does not apply to unsolicited complimentary copies.

For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s edition and is not for resale.

This section does not limit the authority of faculty over decisions relating to the selection of textbooks.

A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teacher’s editions of textbooks.

A publisher, or an 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 list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters.
•	The Price at which the new book is available from the publisher.
•	The copyright date of any prior edition of a textbook, if available.
•	A list of the substantial content differences of changes made between the current edition initially and 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.

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:

•	Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies.
•	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 conflict of interest.
•	Training in the use of course materials and course technologies. Payment for travel and lodging or meals shall be subject to the employer’s standing policies relating to employee conflicts of interest and compensation

Information described in this subdivision shall be available in print or electronically to the adopter.

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.

A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complementary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. The subdivision does not apply to unsolicited complimentary copies.

California Bookstores and Textbook Prices

AB 2477 - Liu. Postsecondary education: production and pricing of college textbooks.

This table shows the components of Education Code section 66406 as it affects Publishers, Colleges, Faculty, and Bookstores.

Publishers are encouraged to:	Colleges are Required to : California Community Colleges and The California State University System are bound by this law. Private Colleges and the University of California are encouraged to implement this law as well.
Publishers are encouraged to:	Encourage Faculty to:	Require Bookstores to:	Encourage Used books by:
Unbundle text materials so students may buy "a la carte".	Adopt least expensive edition.	Work with Academic Senates to review timelines for textbook adoption.	Implement a rental program.
List all available products so teachers can select what they want to use in any bundle.	Continue to use same book and edition as long as it remains educationally sound.	Work with Academic Senates to review procedures for textbook adoption.	Implement a textbook lending program.
Explain how new edition differs from old edition.	Tell students why they selected a new edition.	Work with Faculty & Publishers to create economically sound bundles that deliver cost savings to students.	Encouraging students to establish on campus and/or on-line books swaps.
Utilize supplements rather than create new editions.	Tell students how much they can expect to pay for the materials.		Actively promote and publicize existing bookstore buyback programs.
Disclose the estimated future life of an edition when they sell it to the faculty.	Review textbook adoption timelines and procedures with the College Bookstore.	Encourage Bookstores to:	Establishing any other programs to promote used books on campus.
Provide a free copy of Library Reserve.	Work with both publishers and bookstores when designing bundles to insure they are economically sound.	Disclose retail prices to faculty for each course.
	Adopt in a manner that permits students to buy parts of a bundle.
AB 2477 became section 66406 of the California Education Code on January 1, 2005. The law essentially dramatizes the need for all parties named to assist in any way they can in keeping textbook prices as low as possible. The legislature appears to have conceded that they have only powers of persuasion over publishers. They have required that colleges look into their own operations to make sure that cost savings are high on the list of faculty concerns and that practical steps are taken by bookstores to assist in this process.

HEOA 2008 Table of Information for College Bookstores

PURPOSE AND INTENT	Text is self explanatory – This bill affects every college in the USA that receives any federal funds. (almost everyone)
DEFINITIONS.	Carefully read about “Bundle” and “Integrated Book”
PUBLISHER REQUIREMENTS.	1. Must be sure faculty & other adopters on campus are aware of net price, copyright date history, and alternate formats and net prices of those alternates, if any 2. Bundles must be available in parts, each separately priced, except for integrated textbooks (read the definition of bundles)
COURSE SCHEDULES 1. Course Schedules posted on the internet must have textbook information. 2. Printed schedules must explain how students may look it up on the internet.	To the maximum extent practicable: 1. ISBN and Retail Price must be listed on the college’s internet course schedule or linked from the schedule to another appropriate web site such as the bookstore. 2. If ISBN is not known the author, title, and copyright date must be posted. 3. If the college determines this information is not available or posting this information is not practical, then the college must post “to be determined” for any such affected course.
INFORMATION FOR COLLEGE BOOKSTORES Colleges must supply certain information to the bookstores which it owns or operates itself or under a management contract (lease.)	All colleges must supply this information to their bookstore (s): 1. The course schedule for the next term 2. The adoption information. 3. The number of students enrolled 4. The maximum student enrollment for such course or class.
ADDITIONAL INFORMATION An institution disclosing the information required by subsection (d)(1) is encouraged to disseminate to students information regarding—	If a college has these programs they are encouraged to publicize information them. 1. Available programs for renting textbooks or for purchasing used textbooks; 2. Available guaranteed textbook buy-back programs; 3. Any available institutional alternative content delivery programs; or 4. Other available cost-saving strategies.
GAO REPORT The Government Accountability Office must make a report by July 2013.	The GAO report must examine and report on: 1. The availability of textbook information on course schedules. 2. have Publishers made pricing information available to faculty. 3. The use of bundles 4. The implementation of this law by colleges and the costs and benefits to the institutions and students for doing so.
RULE OF CONSTRUCTION	Institutional Autonomy and Faculty Academic Freedom to choose books remainsby this law.
NO REGULATORY AUTHORITY	The Education Department may NOT promulgate any regulations regarding this law as it applies to textbooks. What is written is to be interpreted just as it is written.
EFFECTIVE DATE	July 1, 2010 (The effective date applies to this section only)