E-Instructional Materials Phil Smith, American River College, Facilitator

Dolores Davison, Foothill CollegeDustin Hanvey, Pasadena City College

Michelle Pilati, Rio Hondo College

First, A True/False Quiz…

It’s ok for my district to collect a glass breakage fee from chemistry students.

True or False?

It’s ok for my district to require ceramics students to purchase their own clay, paint, and glaze.

True or False?

It’s ok for my district to require students to purchase their class textbooks from the college bookstore.

True or False?

It’s ok for my district to require students to purchase their class textbooks from a particular source.

True or False?

It’s ok for my district to require nursing students to rent “time” on patient simulators.

Title 5 Language on Materials

§ 59400. Required Instructional and Other Materials.

(a) The governing board of a district may…require students to provide instructional and other materials required for a credit or noncredit course, provided that such materials are of continuing value to a student outside of the classroom setting, and provided that such materials are not solely or exclusively available from the district.

… may require students to provide instructional and other materials…

…provided materials are of continuing value to a student out of school…

…not solely or exclusively available from the district.

Title 5 Language on Materials

§ 59400. Required Instructional and Other Materials.

(b) Except as specifically authorized or required in the Education Code, the governing board of a community college district shall not require a student to pay a fee for any instructional and other materials required for a credit or noncredit course.

…district shall not require a student to pay a fee for any instructional and other materials…

Definitions§ 59402. Definitions.

For the purposes of this subchapter the following definitions apply:

(a) “Instructional and other materials” —tangible personal property owned or primarily controlled by an individual student.

(b) “Required instructional and other materials” —instructional and other materials which a student must procure or possess as a condition of registration, enrollment or entry into a class; or any such material necessary to achieve required objectives of a course which are to be accomplished under the supervision of an instructor during class hours.

Definitions§ 59402. Definitions.

(c) “Solely or exclusively available from the district” —the material is not available except through the district, or that the district requires that the material be purchased or procured from it.

A material shall not be considered to be solely or exclusively available from the district if it is provided to the student at the district's actual cost and:

(1) the material is otherwise generally available, but is provided solely or exclusively by the district for health and safety reasons; or

(2) the material is provided in lieu of other generally available but more expensive material which would otherwise be required.

Definitions§ 59402. Definitions.

(d) “Required instructional and other materials which are of continuing value outside of the classroom setting” means: materials which can be taken from the classroom setting, and

not wholly consumed, used up, or rendered valueless as they are

applied in achieving the required objectives of a course which are to be accomplished under the supervision of an instructor during class hours.

(e) “Tangible Personal property” —includes electronic data that the student may access during the class and store for personal use after the class in a manner comparable to the use available during the class.

True or False?

It’s ok for my district to collect a glass breakage fee from chemistry students.

True or False?

It’s ok for my district to require ceramics students to purchase their own clay, paint, and glaze.

True or False?

It’s ok for my district to require students to purchase their class textbooks from the college bookstore.

True or False?

It’s ok for my district to require students to purchase their class textbooks from a particular source.

True or False?

It’s ok for my district to require nursing students to rent “time” on patient simulators.

How Do New E-materials Such as the Following Fit In?An e-textbook that may be purchased and read on a

student’s Kindle, iPad, Tablet, Smart phone, or Computer.

An e-textbook that may be rented for one semester only and then expires.

Access to a suite of e-learning resources with subject matter content, discussion questions, quizzes, tests, simulations, and adaptive tutoring activities.

Some Concerns Related to E-Materials

Does the use of the word tangible make sense in the current and emerging world of e-resources?

The notion of “during class hours” works for on-ground classes, but does not apply/work with distance education courses.

How long does (or should) learning materials continue to have value after the course?

How are these materials different from regular course materials?

Current requirement of “tangibility” Length of time of ownershipNotification in course schedule of costs of

materials associated with the course (HEOA regulation in effect 1 July 2010)

What Should Faculty Know About This?

RegulationsExpectationsCost associations Other issues?

Are Title 5 Changes Needed?

§ 59400. Required Instructional and Other Materials.

(a) provided that such materials are of continuing value (must be defined) to a student outside of the classroom setting..

How would you define “continuing value”?

Are Title 5 Changes Needed?

§ 59402. Definitions. (a) “Instructional and other materials” means any tangible personal property which is owned or primarily controlled by an individual student.

How would you revise this to explicitly permit use of electronic resources?

Possibly:

Are Title 5 Changes Needed? (§ 59402)

Are Title 5 Changes Needed? (§ 59402)

(e) “Tangible Personal property” includes electronic data that the student may access during the class and store for personal use after the class in a manner comparable to the use available during the class.

Possibly:

Issues and Concerns

If the Title 5 language is modified to be consistent with current practice, does this open the door for abuses?

Are controls needed to ensure that e-resources are selected to benefit students – and not faculty?

Others?