AICUP Position Paper
SB 929-Textbook Legislation as Amendment to School Code
March 22, 2010
Proposed Legislation
Introduced by Senator Andrew Dinniman (D-Chester), this legislation is similar to federal legislation regulating the sale of textbooks and other course materials at institutions of higher education. Senator Dinniman, Democratic Chairman of the Education Committee, is a tenured faculty member at West Chester University and has made this bill a main focus for his higher education agenda. Senator Jeffrey Piccola, Republican Chairman of the Committee, has worked cooperatively with Senator Dinniman on this legislation. Currently the bill is in the Appropriations Committee but is expected to be part of an omnibus school code that may be considered with the budget and is being prepared at this time.
Legislative Provisions
The Textbook Affordability, Accountability and Accessibility Act establishes responsibilities for publishers, faculty, and institutions of higher education.
Publisher Responsibilities
- Requires pricing information disclosure which includes copyright dates of three previous editions of materials, as well as the substantial content revisions made between editions (if any) and whether materials are available in any other format.
- Pricing information accountability requires faculty to make the campus bookstore aware of the price that the publisher would make the material available to bookstore, and the bookstore is required to verify with the publisher that the price has not increased before ordering.
- If the bookstore determines that the price has increased, the bookstore must notify the faculty in writing to determine if the faculty wishes to place order.
- Publishers must unbundle any materials put together in a packet sold for one price.
- Publishers are not required to make available supplemental items developed by a third party if a contract requires bundling
- Publishers must provide a price to faculty prior to any preparation of custom textbooks or materials.
- Certain conduct is prohibited in interaction with institutions of higher education.
Faculty Responsibilities
- Faculty must consider the least costly practices in assigning college textbooks consistent with sound educational practices.
- Faculty must consider using textbooks, supplemental learning materials and bundled textbooks for a longer period of time, as long as not outdated.
- Faculty must work with bookstores to review timelines and processes in ordering and stocking books so as to disclose college textbook costs to students and support buyback programs.
- Faculty must provide a written statement to the President or chancellor of institution detailing materials recommended for courses and effective for use by a student for a course.
- Faculty must refrain from certain conduct in relation to interaction with publisher.
Institutions of Higher Education Responsibilities
- Institutions must provide a listing of all college textbooks and supplemental learning materials at student registration.
- Institutions must post a listing of college textbooks and material on the institution’s Internet website.
- Institutions must provide in writing to students the availability of this information on website.
- Institutions must make available to the college bookstore information on:
- Institution’s course schedule for the subsequent academic period.
- Each course of class offered by institution for the subsequent academic period.
- Number of students enrolled in courses or class.
- Maximum student enrollment for courses or class.
- Institutions must disseminate other information to students including:
- Available institutional programs for renting college textbooks or purchasing used textbooks.
- Available institutional guaranteed college textbook buyback programs.
- Available cost saving strategies for acquiring institutional college textbooks and supplemental materials.
Miscellaneous Provisions
Institutions of higher education may establish a college textbook rental pilot program for students and specific requirements are set forth on this program.
An institution of higher education may implement policies, procedures and guidelines that promote efforts to minimize the cost of college textbooks for students. Specific requirements are outlined for what this policy shall contain.
The bill also sets up a College Textbook Policies Advisory Committee as part of the State Board of Education and defines who shall be part of this Committee and its duties. The bill has staggered implementation dates.
Update:
This Bill passed as part of the school code Bill, HB 101 or ACT 109, 2010
AICUP Position Paper
SB 929-Textbook Legislation as Amendment to School Code
March 22, 2010
Proposed Legislation
Introduced by Senator Andrew Dinniman (D-Chester), this legislation is similar to federal legislation regulating the sale of textbooks and other course materials at institutions of higher education. Senator Dinniman, Democratic Chairman of the Education Committee, is a tenured faculty member at West Chester University and has made this bill a main focus for his higher education agenda. Senator Jeffrey Piccola, Republican Chairman of the Committee, has worked cooperatively with Senator Dinniman on this legislation. Currently the bill is in the Appropriations Committee but is expected to be part of an omnibus school code that may be considered with the budget and is being prepared at this time.
Legislative Provisions
The Textbook Affordability, Accountability and Accessibility Act establishes responsibilities for publishers, faculty, and institutions of higher education.
Publisher Responsibilities
- Requires pricing information disclosure which includes copyright dates of three previous editions of materials, as well as the substantial content revisions made between editions (if any) and whether materials are available in any other format.
- Pricing information accountability requires faculty to make the campus bookstore aware of the price that the publisher would make the material available to bookstore, and the bookstore is required to verify with the publisher that the price has not increased before ordering.
- If the bookstore determines that the price has increased, the bookstore must notify the faculty in writing to determine if the faculty wishes to place order.
- Publishers must unbundle any materials put together in a packet sold for one price.
- Publishers are not required to make available supplemental items developed by a third party if a contract requires bundling
- Publishers must provide a price to faculty prior to any preparation of custom textbooks or materials.
- Certain conduct is prohibited in interaction with institutions of higher education.
Faculty Responsibilities
- Faculty must consider the least costly practices in assigning college textbooks consistent with sound educational practices.
- Faculty must consider using textbooks, supplemental learning materials and bundled textbooks for a longer period of time, as long as not outdated.
- Faculty must work with bookstores to review timelines and processes in ordering and stocking books so as to disclose college textbook costs to students and support buyback programs.
- Faculty must provide a written statement to the President or chancellor of institution detailing materials recommended for courses and effective for use by a student for a course.
- Faculty must refrain from certain conduct in relation to interaction with publisher.
Institutions of Higher Education Responsibilities
- Institutions must provide a listing of all college textbooks and supplemental learning materials at student registration.
- Institutions must post a listing of college textbooks and material on the institution’s Internet website.
- Institutions must provide in writing to students the availability of this information on website.
- Institutions must make available to the college bookstore information on:
- Institution’s course schedule for the subsequent academic period.
- Each course of class offered by institution for the subsequent academic period.
- Number of students enrolled in courses or class.
- Maximum student enrollment for courses or class.
- Institutions must disseminate other information to students including:
- Available institutional programs for renting college textbooks or purchasing used textbooks.
- Available institutional guaranteed college textbook buyback programs.
- Available cost saving strategies for acquiring institutional college textbooks and supplemental materials.
Miscellaneous Provisions
Institutions of higher education may establish a college textbook rental pilot program for students and specific requirements are set forth on this program.
An institution of higher education may implement policies, procedures and guidelines that promote efforts to minimize the cost of college textbooks for students. Specific requirements are outlined for what this policy shall contain.
The bill also sets up a College Textbook Policies Advisory Committee as part of the State Board of Education and defines who shall be part of this Committee and its duties. The bill has staggered implementation dates.
Update:
This Bill passed as part of the school code Bill, HB 101 or ACT 109, 2010