15-1891. College course materials; information; definitions

A. The publisher of course materials shall provide the following written information in accordance with the policies adopted by the Arizona board of regents and the governing board of each community college district to faculty members and any other employees who are in charge of selecting or adopting course materials for a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district in this state whenever the publisher provides a faculty member or employee with information about course materials:

1. A listing of relevant course materials offered by the publisher and whether each of the course materials are offered in a bundled package or sold separately.

2. The suggested retail price, the estimated wholesale price or the price that the publisher makes available to the public for the course materials. The publisher may include the time period during which the pricing is applicable.

3. The copyright dates of the previous edition if the copyright dates do not appear in the course materials.

4. A summary of the substantive content differences between the current edition of the course materials and the immediate previous edition.

B. A university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district in this state shall notify faculty members and employees of the requirements pursuant to subsection A and adopt policies that instruct a faculty member or employee who is in charge of selecting or adopting course materials to place orders with sufficient lead time to enable the university or community college district bookstore or contract managed bookstore to confirm the availability of the requested materials.

C. On or before January 1, 2009, the Arizona board of regents and the governing board of each community college district shall adopt policies that instruct faculty members or any other employees who are in charge of adopting course materials to make a request for information pursuant to subsection A.

D. No faculty member or employee of a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district in this state shall demand or receive any payment, loan, advance, good or deposit of money present or promised for selecting or purchasing specific course materials required for coursework or instruction, except that the faculty member or employee may receive:

1. Free review copies, complimentary teacher editions or instructional materials that are not intended to be sold by any faculty, staff or bookstore.

2. Royalties or other compensation from the sale of course materials that include the faculty member s own writing or work.

3. Honoraria for academic peer review of course materials.

4. Training in the use of course materials and learning technologies.

E. A book buyer or vendor of course materials shall not solicit a faculty member or employee of a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district in this state for the purpose of selling or trading a free sample copy or complimentary teacher editions provided at no charge by a publisher to a faculty member or employee.

F. This section shall not be construed in a manner that violates academic freedom.

G. For the purposes of this section:

1. " Book buyer" means any person or entity, including a university or community college district bookstore, engaged in the purchase or sale of course materials.

2. " Bundled" means one or more course materials that are packaged together to be sold as course materials for a single price.

3. " Complimentary teacher editions" means a book with information that is meant for the exclusive use of faculty members, commonly labeled as an " instructor edition" or " instructor manual" and that contains answers and solutions, test questions and pedagogical techniques.

4. " Course materials" means any textbook or other instructional tool published for the purpose of classroom instruction and used for or in conjunction with a course in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district in this state.

5. " Publisher" means any publishing house, firm or company that produces course materials.

6. " Sample copy" means any book that is the same as the regular student edition.

7. " Substantive content" means portions of a college textbook, including new chapters, additional eras of time, new themes or new subject matter.

8. " Written information" means information provided on print material. Written information includes electronic communication or publication on a website.