Fall 2022; Resolution Number 7.08
Whereas, Provisions of the Higher Education Opportunity Act require each institution of higher education receiving federal financial assistance to “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” [1];
Whereas, California Education Code §66406.9 requires that California community colleges “clearly highlight, by means that may include a symbol or logo in a conspicuous place on the online campus course schedule, the courses that exclusively use digital course materials that are free of charge to students,”[2] and California Education Code §78052 defines zero-textbook-cost degrees as “community college associate degrees or career technical education certificates earned entirely by completing courses that eliminate conventional textbook costs by using alternative instructional materials and methodologies”[3];
Whereas, California Code of Regulations, title 5, §59402 states that required instructional materials “means any materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material which is necessary to achieve the required objectives of a course,”[4] establishing “instructional materials” as inclusive of textbooks, supplemental materials, and course supplies required to achieve course objectives but not included in the federal requirement of the costs required to be displayed in an institution’s Internet course schedule; and
Whereas, Discussions regarding approaches to minimizing the costs associated with attending college and legislation related to course cost transparency should clearly differentiate between the costs of textbooks and supplemental materials (the focus of the Higher Education Opportunity Act, California Education Code § 66406.9,[5] and California Education Code §78052[6]) and course supplies;
Resolved, That the Academic Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office to ensure that the phrase “instructional materials” is defined as textbooks, supplemental materials, and course supplies, a more inclusive definition than that employed in the Higher Education Opportunity Act’s cost transparency requirements, California Education Code §66406.9[7] no-cost section marking requirement, and the California Education Code §78052[8] definition of zero-textbook-costs.
[1] Pinhel, R. (2008). Higher education opportunity act of 2008. https://www.cga.ct.gov/2008/rpt/2008-R-0470.htm.
[2] California Education Code §66406.9: https://codes.findlaw.com/ca/education-code/edc-sect-66406-9.html.
[3] California Education Code §78052: https://codes.findlaw.com/ca/education-code/edc-sect-78052/.
[4] California Code of Regulations, title 5, §59402: https://casetext.com/regulation/california-code-of-regulations/title-5-education/division-6-california-community-colleges/chapter-10-community-college-administration/subchapter-7-instructional-materials/section-59402-definitions.
[5] California Education Code §66406.9: https://codes.findlaw.com/ca/education-code/edc-sect-66406-9.html.
[6] California Education Code §78052: https://codes.findlaw.com/ca/education-code/edc-sect-78052/.
[7] California Education Code §66406.9: https://codes.findlaw.com/ca/education-code/edc-sect-66406-9.html.
[8] California Education Code §78052: https://codes.findlaw.com/ca/education-code/edc-sect-78052/.