C.R.S. Section 23-5-138
Textbooks

  • academic freedom
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Adopting entity” means the person or persons responsible for selecting and ordering a textbook or supplemental learning material for use in a college course at a state institution of higher education.

(b)

“Bundle” means one or more college textbooks or other supplemental learning materials offered in combination with one or more additional educational products to be sold as course materials for a single price.

(c)

“College textbook” means a textbook or set of textbooks developed for use in a course in postsecondary education at a state institution of higher education. The term “college textbook” includes but need not be limited to custom textbooks and integrated textbooks.

(d)

“Course material” means any textbook or other instructional tool that is published with the intent that it be used for or in conjunction with classroom instruction and that is adopted for academic use by faculty members, instructors, or the person or entity in charge of selecting learning material at the state institution of higher education.

(e)

“Custom textbook” means a college textbook that is compiled at the direction of a faculty member, instructor, or other person or adopting entity in charge of selecting course materials at a state institution of higher education. A custom textbook may include but need not be limited to selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific institution such as commemorative editions.

(f)

“Integrated textbook” means a college textbook that is combined with materials and is designed solely for use as a combined unit, or that is developed by a third party and that, according to third-party contractual agreements, a publisher may not offer separately from the textbook with which the materials are combined.

(g)

“Publisher” means a publisher of college textbooks or supplemental learning materials.

(h)

“State institution of higher education” shall have the same meaning as provided in section 23-18-102 (10).

(i)

“Substantial content” means a part of a college textbook, such as a new chapter, coverage of an additional historical era, a new theme, or new subject matter.

(j)

“Supplemental learning material” means educational material developed to accompany a college textbook. Supplemental learning material is not a component of an integrated textbook. Supplemental learning material may include but need not be limited to printed materials, computer disks, website access, and electronically distributed materials.

(2)

Beginning on or before July 1, 2009:

(a)

When a publisher provides a faculty member, instructor, or other person or adopting entity in charge of selecting course materials at a state institution of higher education with information regarding a college textbook or supplemental learning material, the publisher shall provide, in writing or electronically, the following information, at a minimum:

(I)

The price at which the publisher would make the textbook or supplemental learning material available;

(II)

The substantial content revisions made, if any, between the current edition of the college textbook or supplemental learning material and a previous edition;

(III)

Whether the college textbook or supplemental learning material is available in another format, including but not limited to paperback or unbound copies, and the price at which the publisher would make the college textbook or supplemental learning material in the other format available.

(b)

A publisher that sells a college textbook and any supplemental learning material accompanying that college textbook as a single bundle to a state institution of higher education shall also make available the college textbook and any of the supplemental learning materials as separate and unbundled items at separate prices.

(c)

To the maximum extent practicable, a publisher shall provide the information required in this subsection (2) for the development and provision of custom textbooks.

(3)

Nothing in this section shall be construed as superseding the institutional autonomy or academic freedom of a state institution of higher education or its faculty members or instructors in the selection of college textbooks and supplemental learning materials.

Source: Section 23-5-138 — Textbooks - academic freedom - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑5‑101.5
Enterprise status of auxiliary facilities - definitions 23‑5‑101.7
Enterprise status of institutions of higher education 23‑5‑102
Funding for auxiliary facilities - institutions of higher education - loans - bonds 23‑5‑103
Pledge of income 23‑5‑104
No property lien 23‑5‑105
Tax exemption 23‑5‑105.5
State board for community colleges and occupational education - authority to create financial obligations 23‑5‑106
Authority of governing boards - general - health-care insurance - contracts of indemnity 23‑5‑106.5
Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions 23‑5‑107
Authority of governing boards - parking 23‑5‑108
Governing boards authorized to cede jurisdiction for enforcement of traffic laws 23‑5‑109
Identification - suicide and crisis prevention - rules 23‑5‑110
Medical personnel 23‑5‑112
Gifts and bequests to institutions of higher education - venture development investment funds 23‑5‑113
Collection of loans and outstanding obligations - state educational institutions 23‑5‑113.5
Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions 23‑5‑114
National direct student loans - authority to separately collect advances 23‑5‑115
Loans or outstanding obligations offset 23‑5‑116
Governing boards - authority to provide out-of-state courses 23‑5‑117
Governing boards - delegation of personnel power 23‑5‑118
Selective service registration information 23‑5‑119.5
Student fees - legislative declaration - definitions - institutional plans - fee information - reporting 23‑5‑120
Student fees - deposit - interest 23‑5‑121
Governing boards - authority to establish nonprofit corporations for developing discoveries and technology 23‑5‑122
Intrainstitutional and intrasystem transfers - course scheduling 23‑5‑123
Sabbatical leave - policy - production of records - legislative declaration - definition 23‑5‑124
Student enrollment - prohibition - public peace and order convictions - definitions 23‑5‑125
Campus sex offender information 23‑5‑126
Governing boards - anti-terrorism measures 23‑5‑127
Unique student identifying number - social security number - prohibition 23‑5‑128
Meningococcal disease - information - immunity - definitions 23‑5‑131
Governing boards - tuition - fixed rate contract - definitions 23‑5‑132
Governing boards - travel policies - exemption from state travel rules 23‑5‑134
Appointments to governing boards - considerations 23‑5‑136
Governing boards - online textbook program 23‑5‑137
Loan repayment assistance - legislative declaration - definitions 23‑5‑138
Textbooks - academic freedom - definitions 23‑5‑139
Higher education revenue bond intercept program - definitions 23‑5‑140
Lifesaving school safety information - legislative declaration - definitions 23‑5‑140.5
Employee information - student loan repayment and forgiveness programs 23‑5‑140.7
Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions 23‑5‑141
Campus police information sharing - legislative declaration - definitions 23‑5‑142
Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 23‑5‑143
Sexual assault victim care - memorandum of understanding - training - definitions 23‑5‑144
Students’ right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions 23‑5‑145
Credit for military education and training - policy - definition 23‑5‑145.5
Credit for work-related experience - plan - report - definitions - repeal 23‑5‑145.6
Opportunities for credential attainment - fund - report - definitions - repeal 23‑5‑145.7
Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal 23‑5‑146
Sexual misconduct - policies - confidential resources - training - reports - definitions 23‑5‑147
Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions 23‑5‑148
Dental therapy training programs - authorization to grant advanced standing - definition 23‑5‑149
Epinephrine auto-injectors at institutions of higher education - immunity - short title
Green check means up to date. Up to date

Current through Fall 2024

§ 23-5-138’s source at colorado​.gov