Fall 2025, Resolution Number 111.04
Whereas, Title 5 §54221 requires governing boards to “adopt policies that ensure student access to textbooks and supplemental materials that are needed on the first day of class” and delineates “practices that enable first day access to zero-cost resources”, but does not specify college responsibilities after the first day of class[1];
Whereas, The California Community College Chancellor’s Office issued a memo on July 22, 2025, Burden-Free Access to Instructional Materials: Regulatory Provisions (ESS 25-43), that states that Title 5 §54221:
“…requires that district governing boards adopt policies guaranteeing student access to textbooks and supplemental materials on the first day of class. Practices that meet this requirement include adopting and adapting open educational resources (OER) or providing initial textbook chapters in accordance with copyright allowances. In addition to first-day access, governing boards must also adopt policies that strengthen student access to all other instructional materials before they are required in any course. The goal is to reduce both financial and administrative burdens on students throughout the term [emphasis added]. While advancing these efforts, district policies must uphold faculty responsibility and academic freedom in the selection of instructional materials. Additionally, the regulation calls for college districts to support student-centered practices that promote the use of zero-cost and OER materials.
Specifically, district policies are expected to support and leverage resources to implement and sustain zero-textbook-cost (ZTC) degrees, as authorized by Education Code section 78052, and to prioritize the use of OER to complete degrees and career technical education certificates. When OER is widely available, especially in general education courses, district policies should support adopting these resources accordingly. Additional measures include establishing lending programs, maintaining library resources that ensure immediate access to course materials, and enabling early disbursement of financial aid pursuant to federal regulations (34 CFR §668.164(i)). Districts are also encouraged to promote timely completion of financial aid files and to utilize direct aid and support programs that enhance student financial stability. (Todd, 2025, p. 2)”[2]
Whereas, The charge of the Burden-free Instructional Materials Task Force proposed a vision that “when a course begins, students have everything needed for that course, including all instructional materials at no cost” (California Community Colleges Chancellor’s Office, 2024, p. 8), expanding the “burden-free” experience referenced in Title 5 §54221 to all instructional materials (i.e., textbooks, supplemental materials, and supplies) and beyond the first day of class;[3] and
Whereas, College districts have until January 26, 2026 to conform their policies and procedures to the regulatory requirements associated with title 5 §54221 Burden-Free Access to Instructional Materials;
Resolved, That the Academic Senate for California Community Colleges assert that the intent of title 5 §54221 Burden-Free Access to Instructional Materials is to support students having access to all instructional materials at no cost, not merely free access to resources for a limited part of the term; and
Resolved, That the Academic Senate for California Community Colleges urge local academic senates to work with their administrations to adopt policies that support the sustainability of local efforts to encourage and support the adoption of open educational resources and other approaches to establishing zero textbook cost pathways as a mechanism for achieving the intent of title 5 §54221 Burden-Free Access to Instructional Materials.
[2] Todd, J. (2025, July 22). Burden-free access to instructional materials: Regulatory provisions (Memorandum No. ESS 25-43). California Community Colleges Chancellor’s Office. https://www.cccco.edu/-/media/CCCCO-Website/docs/memo/ess-25-43-burden-free-access-to-instructional-materials-regulatory-provisions-a11y.pdf?la=en&hash=D8EA4728214206D40F6892F7C0F608547E9600DA
[3] California Community Colleges Chancellor’s Office. (2024). Advancing equity in access, support and success through burden-free instructional materials. https://www.cccco.edu/-/media/CCCCO-Website/docs/report/2024-burden-free-instructional-materials-4-15-24-a11y.pdf