College Textbook Transparency Act

1. College Textbook Transparency Act FA-006-078

2. Background • In Summer 2007 Bronco Bookstore newsletter informed the campus community that: • Governor has signed the College Textbook Transparency Act. • The act prohibits faculty from demanding or receiving anything of value in return for adopting course materials. • Concerns: textbook royalties, implementation and enforcement • It prohibits faculty from selling instructor/desk copies to other book buying companies. • Concerns: sales of desk copies, implementation and enforcement

3. Resources • Legislative Council’s Digest for AB 1548 • Susan Donnelly – Bronco Bookstore • Faculty Affairs standing committee

4. Discussion • The adopter at an institution of higher education may not demand or receive anything of value for adopting specific course materials, the act exempts the following: • Complimentary copies, review course materials or instructor copies. • Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. • Honoraria for academic peer review of course materials. • Training in the use of course materials and course technologies.

5. Discussion • Receipt of royalties, honoraria, and travel reimbursement or compensation are subject to employer’s standing policies or collective bargaining agreements relating to employee conflict of interest and compensation.

6. Discussion • The act prohibits the sale of instructor copies. • Instructor copy is defined in the act as books with information that is meant to be for the exclusive use of teachers and not for students. The books contain answers and solutions, test questions, and pedagogical techniques, and often are labeled instructor’s edition or instructor’s manuals

7. Discussion • A publisher or campus bookstore shall not solicit faculty for the purpose of the sales of instructor copies or complimentary teacher 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.

8. Discussion • the new law allows for use of self-published textbook by stating that: • “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.”

9. Recommendation • The Academic Senate and Cal Poly Pomona Administration take appropriate steps to inform the faculty and staff that effective January 1, 2010: • The adopter shall not sell instructor copies as defined in AB 1548 • The faculty and staff shall not sell the solicited complimentary copies of textbooks

10. Recommendation • The Executive committee of the Academic Senate issues a referral for review of the interim policy on “Conflict of Interest in the Assignment of Course Material” and development of a permanent policy. • Existing law expresses the intent of the legislature to encourage private college 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.