Open Textbook and OER Legislation and Policy
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YearStatusURLCommentDescriptionEducation Level
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United StatesFloridaHouse Bill 52012012Passed (enacted)http://floridasenate.gov/Session/Bill/2012/5201/BillText/e1/PDFA bill relating to postsecondary education funding. Information dealing with open textbooks and open resources can be found on lines 853-858. Requires the Florida Virtual Campus "(f) Promote and provide recommendations concerning the use and distribution of open-access textbooks and education resources as a method for reducing costs and work with public postsecondary education institutions in developing a standardized process for the review and approval of open-access textbooks." The Florida Virtual Campus is established to provide access to online student and library support services and to serve as a statewide resource and clearinghouse for public postsecondary education distance learning courses and degree programs. Additional legislative information: http://floridasenate.gov/Session/Bill/2012/5201/Higher Education
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United StatesState of WashintonHouse Bill 23362012Proposedhttp://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bills/2336.pdfA bill requiring a model policy for open licensing of courseware developed with state funds.Requires the Washington state school directors' association, with the assistance of the office of the superintendent of public instruction, to convene an advisory committee to develop a model policy for the open licensing of courseware developed with state funds. It is the goal of the legislature that all educational materials developed with state dollars be openly, publicly, and freely accessible for use by others.Kindergarten through 12th grade (primary through secondary) and Higher education (i.e. tertiary or postsecondary)
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United StatesState of WashintonHouse Bill 6460 (companion bill to HB 2336)2012Proposedhttp://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bills/2337.pdfA bill requiring a model policy for open licensing of courseware developed with state funds.The legislature intends to jump-start efforts toward the development of high quality openly licensed K-12 courseware aligned with the common core state standards by directing that one and one-half percent of the moneys currently appropriated for textbooks and curriculum be used by the office of the superintendent of public instruction solely for the development of openly licensed courseware aligned with common core state standards to be made available at no cost to school districts.Kindergarten through 12th grade (primary through secondary)
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United StatesState of WashintonHouse Bill 23372012Passed (enacted)http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Passed%20Legislature/2337-S2.PL.pdfThe parts of this bill regarding OER take effect July 1, 2013.

Supporting testimony to the legislature - video: http://tvw.org/index.php?option=com_tvwplayer&eventID=2012021089#start=1296&stop=1897
Requires the superintendent of public instruction, subject to availability of amounts appropriated for this specific purpose, to take the lead in developing openly licensed courseware aligned with the common core state standards and placed under an attribution license, registered by a nonprofit organization with domain expertise in open courseware, that allows others to use, distribute, and create derivative works based upon the digital material, while still allowing the authors or creators to retain the copyright and to receive credit for their efforts.

Additional legislative information: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2337#history
14 systems
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United StatesCaliforniaSenate Bill 1052: California Open Education Resources Council2012Passed (enacted)http://leginfo.ca.gov/pub/11-12/bill/sen/sb_1051-1100/sb_1052_bill_20120208_introduced.pdfThe bill would require the California Open Education Resources Council, which the bill would establish, to determine a list of the 50 most widely taken lower division courses in the public postsecondary segments. The bill would require the council to establish a competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements.The bill would also require the council to review and approve developed open source materials and to promote strategies for production, access, and use of open source textbooks, at least 3 copies of which would be placed on reserve at campus libraries.

Additional legislative information: http://leginfo.ca.gov/
Higher education (e.g., tertiary or postsecondary)
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United StatesCaliforniaSenate Bill 1053: California Digital Open Source Library2012Passed (enacted)http://leginfo.ca.gov/pub/11-12/bill/sen/sb_1051-1100/sb_1053_bill_20120208_introduced.pdfThis bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the joint administration of the University of California, the California State University, and the California Community Colleges, for the purpose of housing open source materials while providing a Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts.

Additional legislative information: http://leginfo.ca.gov/
Higher education (e.g., tertiary or postsecondary)
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United StatesCaliforniaAB 2471 Postsecondary Education: E-Textbooks2012Proposed - Held in submissionhttp://www.aroundthecapitol.com/billtrack/text.html?bvid=20110AB247197AMDRequires the Trustees of the California State University (CSU) and the governing board of the California Community Colleges (CCC) and urges the Regents of the University of California (UC) and the governing body of each private postsecondary educational institution that offers a baccalaureate degree to adopt policies to prohibit the assignment of an e-textbook unless that e-textbook complies with various provisions.Higher education (i.e. tertiary or postsecondary)
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United StatesCaliforniaSB 1539 Postsecondary Education: Textbooks2012Passed (enacted)http://www.aroundthecapitol.com/billtrack/text.html?bvid=20110SB153996CHPProvisions of the act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable.This bill would require the publisher of a textbook to provide prescribed data about the textbook to prospective purchasers, including a list of the products offered for sale by the publisher germane to the prospective purchaser's subject area of interest, the wholesale or retail price of the product, the estimated length of time the publisher intends to keep the product on the market, and, for each new edition of the product, a list of the substantial content differences between the new edition and the previous edition of the textbook.Higher education (i.e. tertiary or postsecondary)
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United StatesUtah State Office of EducationN/A2012Passed (enacted)http://www.schools.utah.gov/main/INFORMATION/Online-Newsroom/DOCS/01252012OpenTextbook.aspx The Utah State Office of Education (USOE) is remixing and / or creating open textbooks in language arts, math, and science for grades 6 - 12 and encouraging all districts / schools in the state to adopt these books. The USOE will invite all districts and charter schools across the state to attend informational meetings and professional development designed to help open textbook adoptions succeed.Kindergarten thru 12th grade (primary thru secondary)
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United StatesOregonHouse Bill 4058A2012Passed (enacted)http://www.leg.state.or.us/12reg/measures/hb4000.dir/hb4058.enThe Higher Education Coordinating Commission shall convene a work group to examine and recommend adoption of strategies for making textbooks more affordable for students at all post-secondary institutions in this state.Higher education (e.g., tertiary or postsecondary)
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United StatesNew YorkAssembly Bill A09162A (Same as S 7046)2012Proposedhttp://assembly.state.ny.us/leg/?sh=printbill&bn=A09162&term=2011Taxpayer access to publicly funded research act

For more info: http://assembly.state.ny.us/leg/?default_fld=&bn=A09162&term=2011&Summary=Y&Actions=Y&Votes=Y&Memo=Y
Establishes the taxpayer access to publicly funded research act requiring any executive branch agency, commission or authority that funds direct research to establish a public access policy that would provide access to certain published works that were funded by the state. This law shall in part require, at a minimum, that a final copy of the research be delivered to the agency which provided funding for it, and that it shall be submitted to a digital repository which must allow free public access. N/A
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United StatesUnited StatesHouse Bill 4004 Federal Research Public Access Act of 2012 (Companion bill of S. 2096)2012Proposedhttp://www.gpo.gov/fdsys/pkg/BILLS-112hr4004ih/pdf/BILLS-112hr4004ih.pdfRequires each federal agency with extramural research expenditures of over $100 million to develop a specified federal research public access policy that is consistent with, and that advances, the purposes of the agency. Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain; and (2) researchers funded by the agency. Specifies exclusions. Requires the submission of annual reports by each federal agency on its federal research public access policy.N/A
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United StatesUnited StatesSenate Bill 2096 (Companion bill of H.R. 4004) Federal Research Public Access Act of 20122012Proposedhttp://www.gpo.gov/fdsys/pkg/BILLS-112s2096is/pdf/BILLS-112s2096is.pdfRequires each federal agency with extramural research expenditures of over $100 million to develop a specified federal research public access policy that is consistent with, and that advances, the purposes of the agency. Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain; and (2) researchers funded by the agency. Specifies exclusions. Requires the submission of annual reports by each federal agency on its federal research public access policy.N/A
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United StatesColoradoPolicyhttp://highered.colorado.gov/Publications/Reports/Budget/FY2012/2012_tuitionfeesreport.pdfCourse Fees are used to pay for books available at a discount through bulk purchasing.“Course Fees – Charges as associated with the delivery of a specific course that are required only by students enrolled in a course”. (Source: Rhonda Epper, Assistant Provost, Colorado Community Colleges Online and the Higher Education Tuition and Fees Report 2011-2012, Appendix; page A9).Higher education (i.e. tertiary or postsecondary)
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United StatesIndianaSenate Bill No. 4132012Passed (enacted)http://www.in.gov/legislative/bills/2012/IN/IN0413.1.htmlA Bill for an Act to amend the Indiana Code concerning education. As it relates to this topic, replaces the definition of textbook with curricular materials.Sec. 2.7. "Curricular materials" means systematically organized material designed to provide a specific level of instruction in a subject matter category, including:
(1) books;
(2) hardware that will be consumed, accessed, or used by a single student during a semester or school year;
(3) computer software; and
(4) digital content.
Kindergarten through 12th grade (primary and secondary)
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