Donahoe Higher Education ActAcademic Materials
Section § 66400
This law makes it illegal to prepare, sell, or distribute academic papers, like term papers and dissertations, for someone else to submit for credit at a college or university in California if you know or should know that's what they'll do with it.
Section § 66401
This law makes it illegal for anyone to offer or advertise services for writing term papers, theses, dissertations, or similar academic assignments in exchange for money, if the intent is to help someone else cheat by submitting those as their own work for academic credit at colleges or universities in California.
Section § 66402
This law allows courts the power to take necessary actions to ensure the rules in this chapter are followed, which may include ordering someone to stop doing something through an injunction.
Section § 66403
This law allows lawsuits for injunctions to be filed either by the state of California or by any person or educational institution, such as a college or university. The lawsuit can be for the benefit of the institution itself, its students, or the general public.
Section § 66404
This section states that the rules in this chapter are not the only ones that apply. It explains that these rules don't take away or suggest a lack of other rights people or groups might have against someone regarding the actions mentioned in Sections 66400 or 66401.
Section § 66405
This law section defines two key terms. A 'person' can be an individual or any type of business entity like a partnership or corporation. 'Prepare' is explained as getting something ready for its intended purpose; simply typing, putting papers together, or providing information or research doesn't count as preparing.
Section § 66406
This law addresses the production and pricing of college textbooks, aiming to make higher education more affordable. It encourages textbook publishers to offer textbooks and materials separately ("unbundled") and provide clear pricing and edition changes on their websites. Publishers should also prefer supplements over new editions, disclose how long editions will last, and give free copies to faculty for library reserves.
State universities and community colleges are urged to work with faculty to choose cost-effective textbooks and inform students about edition differences and costs. They should also collaborate with bookstores on efficient textbook ordering and cost-saving bundles. Bookstores are encouraged to reveal textbook costs per course and support used book forums like rental programs and swaps. Private colleges are encouraged to follow these cost-saving practices as well.
Section § 66406.5
This law asks the California State University Trustees and the University of California Regents to review and update their student transfer policies. The goal is to allow faculty to choose textbooks for transfer or general education courses, regardless of when they were published, as long as the textbooks are still available and the information is up-to-date and relevant to the subject.
Section § 66406.7
The College Textbook Transparency Act encourages transparency and cost consideration when choosing textbooks for college courses. Faculty responsible for selecting textbooks are called adopters. Publishers must provide information about the cost and updates of textbooks, and note substantive differences in new editions. Campuses need to disclose textbook pricing policies, and faculty can't receive personal gains from adopting specific textbooks, except in specific circumstances like receiving complimentary copies or royalties. Bookstores and publishers shouldn't sell or trade instructor editions that were given for free. Self-published textbooks by an instructor can be used, but must be disclosed to the institution.
Section § 66406.9
This law requires each campus of the California Community Colleges and California State University, and encourages University of California campuses, to clearly mark courses that use free digital materials on their online course schedules. These materials should be accessible and compliant with the Americans with Disabilities Act and copyright laws. Campuses also need to inform students that these materials are free to use. Additionally, they must show the costs for required materials and fees for at least 40% of courses by 2025, increasing to 75% by 2028. This is to ensure transparency in course material costs.
Section § 66407
This California law mandates that textbook publishers must provide certain information to faculty members from colleges and universities who are deciding which textbooks to use. At the start of any sales discussion, publishers need to give a list of all products related to the buyer's field of interest, including their wholesale or retail prices and how long these books will be available. Publishers also have to explain how new editions differ from earlier ones. This information must be accessible during sales talks, whether these occur in-person, over the phone, or online, and it must be clearly listed on the publisher's website.
Section § 66407.5
This law encourages campuses of California State University and University of California to create policies that help reduce unnecessary costs and duplication in academic materials such as textbooks and access codes. These policies should focus on using existing academic resources at no extra cost to students and require faculty to be informed of current costs when choosing materials for future terms. Campuses need to work with bookstores to ensure materials are available, affordable, and accurately described. Also, campuses should promote using free or inexpensive educational materials whenever possible. Finally, any new policies should be submitted for review by appropriate university boards.
Section § 66408
The California Digital Open Source Library is a resource managed by California State University and the California Community Colleges to provide open-source educational materials online. Its goal is to make it easy for students, faculty, and staff to access, use, and modify course materials at little to no cost.
All materials in this library must have a Creative Commons license, ensuring authors get credit while allowing broad use and distribution. The law encourages but does not require faculty to choose lower-cost, flexible educational tools like open-source textbooks.
Section § 66409
This law establishes the California Open Education Resources Council, consisting of faculty from the University of California, California State University, and California Community Colleges. Their main tasks include creating affordable digital textbooks for 50 key lower division courses, ensuring these materials are accessible for students with disabilities, and involving student input on textbook design and usability.
The council sets a process for textbook development, encourages using open resources, and reports progress to the state. Open textbooks must be under a Creative Commons license, customizable, compatible with various platforms like phones or tablets, and conform to accessibility standards.
Section § 66410
This law requires that by January 1, 2020, textbooks sold at California higher education institutions, like the University of California, California State University, and community colleges, should also be available in electronic format if possible. The digital versions must have the same content as the printed versions and can have copy protection measures.
The term 'textbook' is defined as in another specific section, Section 66406.7.
The law ensures that making textbooks available electronically doesn't violate copyright laws.