Title: Postsecondary Education Textbook and Instructional Materials Affordability

Summary: Requires SBE & BOG to adopt textbook & instructional materials affordability policies, procedures, & guidelines; provides requirements for use of adopted undergraduate textbooks & instructional materials; requires public postsecondary institution to post in course registration system & on website information relating to required & recommended textbooks & instructional materials & prices thereof; requires task force to research affordability issues.

Full Text:
An act relating to postsecondary education textbook and instructional materials affordability; amending s. 1004.085, F.S.; defining the term "instructional materials"; requiring the State Board of Education and the Board of Governors to adopt textbook and instructional materials affordability policies, procedures, and guidelines; providing requirements for the use of adopted undergraduate textbooks and instructional materials and authorizing exceptions; requiring a public postsecondary institution to post in its course registration system and on its website information relating to required and recommended textbooks and instructional materials and prices thereof; requiring annual reporting of textbook and instructional materials cost information and affordability policies and procedures; requiring the Governor to appoint a task force to research options to reduce the cost of textbooks and instructional materials;providing task force membership and duties; amending s. 1001.7065, F.S.; conforming provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: CS/CS/HB,Engrossed 2014 Section 1. Section 1004.085, Florida Statutes, is amended to read: 1004.085 Textbook and instructional materials affordability.-(1) As used in this section, the term "instructional materials" means educational materials for use within a course that may be available in printed or digital format. (2)(1) An No employee of a Florida College System institution or state university may not demand or receive any payment, loan, subscription, advance, deposit of money, service, or anything of value, present or promised, in exchange for requiring students to purchase a specific textbook or instructional material for coursework or instruction. (3)(2) An employee may receive: (a) Sample copies, instructor copies, or instructional materials. These materials may not be sold for any type of compensation if they are specifi cally marked as free samples not for resale. (b) Royalties or other compensation from sales of textbooks or instructional materials that include the instructor's own writing or work. (c) Honoraria for academic peer review of course materials. (d) Fee sassociated with activities such as reviewing, critiquing, or preparing support materials for textbooks or CS/CS/HB,Engrossed 2014 instructional materials pursuant to guidelines adopted by the State Board of Education or the Board of Governors. (e) Training in the use of cours ematerials and learning technologies. (4)(3) Each Florida College System institution institutions and state university universities shall post prominently in the course registration system and on its website on their websites,as early as is feasible, but at least not less than days before prior to the first day of student registration class for each term, a hyperlink to lists list of each textbook required and recommended textbooks and instructional materials for at least percent of the courses and course sections each course offered at the institution during the upcoming term. The lists posted list must include:(a) The International Standard Book Number (ISBN) for each required and recommended textbook and instructional material. (b) For a textbook or instructional material for which an ISBN is not available, textbook or other identifying information, which must include, at a minimum, all of the following: the title, all authors listed, publishers, edition number, copyright date, published date, and other relevant information necessary to identify the specific textbook or instructional material textbooks required and recommended for each course. (c) The new and used retail price and the rental price, if CS/CS/HB,Engrossed 2014 applicable, for a required and recommended textbook or instructional material for purchase at the institution's designated bookstore or other specified vendor, including the website or other contact information for the bookstore. The State Board of Education and the Board of Governors shall include in the policies, procedures, and guidelines adopted under subsection (5) (4) certain limited exceptions to this notification requirement for courses classes added after the notification deadline. An institution that is unable to comply with this subsection by the 2014 fall semester must provide the information required by this subsection to students, in a format determined by the institution, at least days before the first day of class.The institution must also submit a quarterly report to the State Board of Education or to the Board of Governors, as applicable, documenting the institution's efforts to be in compliance with this subsection by the 2015 fall semester. (5)(4) The State Board of Education and the Board of Governors each shall adopt textbook and instructional materials affordability policies, procedures, and guidelines for implementation by Florida College System institutions and state universities, respectively, that furt her efforts to minimize the cost of textbooks and instructional materials for students attending such institutions while maintaining the quality of CS/CS/HB,Engrossed 2014 education and academic freedom. The policies, procedures, and guidelines shall,at a minimum, require provide for the following: (a) That textbook and instructional material adoptions are made with sufficient lead time to bookstores so as to confirm availability of the requested materials and, where possible, ensure maximum availability of used textbooks and i nstructional materials books. (b) That, in the textbook and instructional material adoption process, the intent to use all items ordered, particularly each individual item sold as part of a bundled package, is confirmed by the course instructor or the ac ademic department offering the course before the adoption is finalized. (c) That a course instructor or the academic department offering the course determines, before a textbook or instructional material is adopted, the extent to which a new edition diff ers significantly and substantively from earlier versions and the value to the student of changing to a new edition or the extent to which an open-access textbook or instructional material may exist and be used. (d) That a textbook or instructional mater ial for an undergraduate course shall remain in use for a minimum of 122 years in that undergraduate course, unless there is a textbook or instructional material that is available at a lower cost than the textbook or instructional material in use or an excep tion is CS/CS/HB,Engrossed 2014 approved by the institution's president or designee. An exception must be based upon a determination that the new edition differs significantly and substantially from earlier versions and that there is value to the student in changing to the new ed ition. The institution's president or designee shall annually report to the institution's board of trustees all exceptions granted, including the rationale used to approve each exception. The annual report shall be maintained on the institution's website. (e)(d) That the establishment of policies shall address the availability of required and recommended textbooks and instructional materials to students otherwise unable to afford the cost, including consideration of the extent to which an open-access text book or instructional material may be used. (f)(e) That course instructors and academic departments are encouraged to participate in the development, adaptation, and review of open-access textbooks and instructional materials and, in particular, open-access textbooks and instructional materials for high-demand general education courses. (g) That postsecondary institutions consult with school districts with which they have a dual enrollment articulation agreement to identify practices that impact the cos tto school districts of dual enrollment textbooks and instructional materials, including, but not limited to, the length of time that textbooks and instructional materials remain in use and the CS/CS/HB,Engrossed 2014 costs associated with digital materials. (h) That cost-benefit analyses be conducted regularly in comparing options to ensure that students get the highest quality product at the lowest available price. (6) Each Florida College System institution and state university shall report annually to the Chancellor of th eFlorida College System or the Chancellor of the State University System, as applicable, the cost of undergraduate textbooks and instructional materials, by course and course section; the adoption cycles for high-enrollment courses as determined by the chancellors; specific initiatives of the institution that reduce the cost of textbooks and instructional materials; the number of courses and course sections that were not able to meet the textbook and instructional materials posting deadline; and additional information as determined by the chancellors. Annually, by December 31, the chancellors shall compile the institution reports and submit a comprehensive report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (7) Each Florida College System institution and state university shall send annually to the State Board of Education or the Board of Governors, as applicable, electronic copies of its current textbook and instructional materials affordability policies an dprocedures. The State Board of Education and the Board of Governors shall provide a link to this information on CS/CS/HB,Engrossed 2014 their respective websites. (8)(a) The Governor shall appoint a task force which includes the Chancellor of the Florida College System, the Chancellor of the State University System, students who are currently enrolled in a public postsecondary institution, and representatives from Florida College System institutions, state universities, school districts, textbook and instructional materials pu blishers, and bookstore owners or managers. (b) The task force shall research options to reduce the cost of print and digital textbooks and instructional materials for all students. The task force shall use the information provided pursuant to subsection s(5) and (6) to determine the best methods to reduce costs and must, at a minimum, consider the following: 1. Any existing Florida College System or State University System initiative to reduce the cost of textbooks and instructional materials. 2. Bulk purchasing of e-textbooks. 3. Expanding the use of open-access textbooks and instructional materials. 4. Textbook and instructional materials rental options. 5. Increasing the availability and use of affordable digital textbooks and learning objects for faculty and students. 6. Supporting efficient used book sales, buyback sales, and student-to-student sales. CS/CS/HB,Engrossed 2014 7. The development of online portals at each institution that will assist students in buying, renting, selling, and sharing textbook sand instructional materials. 8. The feasibility of expanding and enhancing digital access platforms that are used by campus stores for the purpose of helping students acquire the correct and least expensive required course materials. 9. The cost to districts of instructional materials for dual enrollment students. (c) The State Board of Education and the Board of Governors shall provide administrative support for the task force. (d) By January 1, 2015, the task force shall submit recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Section 2. Paragraph (k) of subsection (4) of section 1001.7065, Florida Statutes, is amended to read: 1001.7065 Preeminent state research universities prog ram.-(4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR ONLINE LEARNING.-A state research university that, as of July 1, 2013, meets all of the academic and research excellence standards identified in subsection (2), as verified by the Board of Governors, shall establish an institute for online learning. The institute shall establish a robust offering of high-quality, fully online baccalaureate degree programs at an affordable cost CS/CS/HB,Engrossed 2014 in accordance with this subsection. (k) The university shall es tablish a tuition structure for its online institute in accordance with this paragraph, notwithstanding any other provision of law. 1. For students classified as residents for tuition purposes, tuition for an online baccalaureate degree program shall be set at no more than percent of the tuition rate as specified in the General Appropriations Act pursuant to s. 1009.24(4) and percent of the tuition differential pursuant to s. 1009.24(16). No distance learning fee, fee for campus facilities, or fee for on-campus services may be assessed, except that online students shall pay the university's technology fee, financial aid fee, and Capital Improvement Trust Fund fee. The revenues generated from the Capital Improvement Trust Fund fee shall be dedicated to the university's institute for online learning. 2. For students classified as nonresidents for tuition purposes, tuition may be set at market rates in accordance with the business plan. 3. Tuition for an online degree program shall include all costs associated with instruction, materials, and enrollment, excluding costs associated with the provision of textbooks and instructional materials pursuant to s. 1004.085 and physical laboratory supplies. 4. Subject to the limitations in subparagraph 1., tui tion CS/CS/HB,Engrossed 2014 may be differentiated by degree program as appropriate to the instructional and other costs of the program in accordance with the business plan. Pricing must incorporate innovative approaches that incentivize persistence and completion, including, but not limited to, a fee for assessment, a bundled or all-inclusive rate, and sliding scale features. 5. The university must accept advance payment contracts and student financial aid. 6. Fifty percent of the net revenues generated from the online instit ute of the university shall be used to enhance and enrich the online institute offerings, and percent of the net revenues generated from the online institute shall be used to enhance and enrich the university's campus state-of-the-art research programs and facilities. 7. The institute may charge additional local user fees pursuant to s. 1009.24(14) upon the approval of the Board of Governors. 8. The institute shall submit a proposal to the president of the university authorizing additional user fees for the provision of voluntary student participation in activities and additional student services. Section 3. This act shall take effect July 1, 2014.