| |
| PRIOR PRINTER'S NOS. 1118, 1204 | PRINTER'S NO. 2062 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY DINNIMAN, PICCOLA AND WILLIAMS, JUNE 5, 2009 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 14, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for the sale of certain course materials at |
2 | institutions of higher education, for responsibilities of |
3 | faculty and institutions of higher education and for college |
4 | textbook rental pilot programs; and establishing the College |
5 | Textbook Policies Advisory Committee. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the College |
10 | Textbook Affordability, Accountability and Accessibility Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Advisory committee." The College Textbook Policies Advisory |
16 | Committee established under this act. |
17 | "Bundle." One or more college textbooks or other |
18 | supplemental materials that may be packaged together to be sold |
19 | as course materials for one price. |
|
1 | "Campus." The grounds and buildings of an institution of |
2 | higher education that are designated as such by the institution |
3 | of higher education. |
4 | "Campus bookstore." The bookstore on the campus of, or |
5 | otherwise associated with, an institution of higher education. |
6 | "College textbook." A textbook or set of textbooks used for, |
7 | or in conjunction with, a course in postsecondary education at |
8 | an institution of higher education. |
9 | "Custom textbook." A college textbook that is compiled by a |
10 | publisher at the direction of a faculty member or other person |
11 | or adopting entity in charge of selecting course materials at an |
12 | institution of higher education and may include, alone or in |
13 | combination, items, such as selections from original instructor |
14 | materials, previously copyrighted publisher materials or |
15 | copyrighted third-party works. This term does not include purely |
16 | aesthetic changes to a textbook when compared with a prior |
17 | edition, such as a commemorative edition. |
18 | "Institution of higher education" or "institution." Any of |
19 | the 14 State-owned universities that are part of the |
20 | Pennsylvania State System of Higher Education, including the |
21 | four State-related universities. The term also includes |
22 | community colleges that are members of the Pennsylvania |
23 | Commission for Community Colleges and independent or private |
24 | colleges or universities that receive an assistance grant under |
25 | the act of July 18, 1974 (P.L.483, No.174), known as The |
26 | Institutional Assistance Grants Act. |
27 | "Integrated textbook." A college textbook that is: | <-- |
28 | (1) combined with supplemental materials developed by a |
29 | third party and that, by third-party contractual agreement, |
30 | may not be offered by publishers separately from the college |
|
1 | textbook with which the supplemental materials are combined; |
2 | or |
3 | (2) combined with supplemental materials that are so |
4 | interrelated with the content of the textbook that the |
5 | separation of the textbook from the supplemental materials |
6 | would render the textbook unusable for its intended purpose. |
7 | "ISBN." International Standard Book Number. |
8 | "Publisher." An entity that publishes college textbooks or |
9 | supplemental materials and markets college textbooks or |
10 | supplemental materials to faculty members at institutions of |
11 | higher education. The term does not include a wholesaler. | <-- |
12 | "Substantial content." Parts of a college textbook, such as |
13 | new chapters, additional eras of time, new themes or new subject |
14 | matter. |
15 | "Supplemental material." Educational material developed to |
16 | accompany a college textbook, which may include printed |
17 | materials, computer disks, Internet website access and |
18 | electronically distributed materials. |
19 | Section 3. Publisher requirements. |
20 | (a) Pricing information disclosure.--When a publisher |
21 | provides a faculty member or entity in charge of selecting |
22 | course materials at an institution of higher education with |
23 | information regarding a college textbook or supplemental |
24 | material, the publisher shall include, in writing or |
25 | electronically, the following: |
26 | (1) The price at which the publisher would make the |
27 | college textbook or supplemental material available to the |
28 | campus bookstore of the institution of higher education. |
29 | (2) The copyright dates of the three previous editions |
30 | of the college textbook or supplemental material in the |
|
1 | preceding ten years, if any. |
2 | (3) The substantial content revisions made between the |
3 | current edition of the college textbook or supplemental |
4 | material and the previous edition, if any. |
5 | (4) Whether the college textbook or supplemental |
6 | material is available in any other format, including |
7 | paperback and unbound, and the price at which the publisher |
8 | would make the college textbook or supplemental material in |
9 | the other format available to the campus bookstore of such |
10 | institution of higher education. |
11 | (b) Pricing information accountability.--When a faculty | <-- |
12 | member or entity in charge of selecting course materials at an |
13 | institution of higher education adopts a college textbook or |
14 | supplemental material to be made available for purchase by |
15 | students at the institution's campus bookstore, the faculty |
16 | member or entity in charge of selecting course materials and |
17 | campus bookstore shall do the following: |
18 | (1) The faculty member or entity in charge of selecting |
19 | course materials shall provide the campus bookstore with the |
20 | price at which the publisher would make the college textbook |
21 | or supplemental material available to the campus bookstore. |
22 | (2) The campus bookstore shall verify with the publisher |
23 | that the price for the college textbook or supplemental |
24 | material under consideration has not increased before making |
25 | an order. |
26 | (3) If the campus bookstore determines that the price of |
27 | college textbook or supplemental material under consideration |
28 | has increased, the campus bookstore shall notify the faculty |
29 | member or entity in charge of selecting course materials, in |
30 | writing, and determine whether the faculty member or entity |
|
1 | in charge of selecting course materials wishes to place or |
2 | change the order. |
3 | (c) (b) Unbundling of college textbooks from supplemental | <-- |
4 | materials.-- |
5 | (1) A publisher that sells a college textbook and any |
6 | supplemental material accompanying the college textbook as a |
7 | bundle shall also make available the college textbook and |
8 | each supplemental material as separate and unbundled items, |
9 | each separately priced. |
10 | (2) A publisher is not required to make available |
11 | supplemental items developed by a third party and that, by |
12 | third-party contractual agreement, may not be offered by the |
13 | publisher separately from the college textbook. |
14 | (d) (c) Custom textbooks.--When a faculty member or entity | <-- |
15 | in charge of selecting course materials at an institution of |
16 | higher education directs a publisher to compile a custom |
17 | textbook, the publisher shall provide, in writing or |
18 | electronically, prior to accepting an order for the custom |
19 | textbook, the price at which the publishers would make the |
20 | custom textbook available to the campus bookstore. |
21 | (e) Prohibited activity.--No institution of higher education | <-- |
22 | shall have business dealings related to the sale of college |
23 | textbooks with any publisher that is in violation of this |
24 | section. |
25 | Section 4. Faculty responsibilities. |
26 | (a) General duties.--A faculty member or entity in charge of |
27 | selecting college textbooks, supplemental learning materials or | <-- |
28 | bundled textbook packages for an institution of higher education |
29 | shall: |
30 | (1) Consider the least costly practices in assigning |
|
1 | college textbooks, consistent with educationally sound |
2 | practices as determined by the appropriate faculty or entity. |
3 | (2) Consider the use of college textbooks, supplemental |
4 | learning materials and bundled textbook packages for a longer | <-- |
5 | period of time, to the extent they are not outdated. |
6 | (3) Work with bookstores to review timeliness and the |
7 | processes involved in ordering and stocking selected course |
8 | materials, disclose college textbook costs to students and |
9 | actively promote and publicize book buyback programs. |
10 | (4) Provide a written statement to statement to the | <-- |
11 | entity designated by the president or chancellor of the |
12 | institution to disseminate the information required under | <-- |
13 | section 5(a) detailing college textbooks or supplemental |
14 | learning materials, whether bundled or unbundled, that are |
15 | required or recommended for the course. Where possible, the | <-- |
16 | statement shall indicate if an earlier edition may be |
17 | effective for use by a student. |
18 | (5) Provide a written statement to the president or | <-- |
19 | chancellor of the institution indicating the earliest edition |
20 | of any required college textbook or supplemental learning |
21 | materials that may be effective for use by a student for a |
22 | particular course. |
23 | (5) Encourage participation in college textbook rental | <-- |
24 | programs that exist or may exist in the future. |
25 | (b) Prohibited conduct by faculty and academic | <-- |
26 | departments.-- |
27 | (1) Faculty shall not No faculty member or academic | <-- |
28 | department may demand or receive any payment, loan, |
29 | subscription, advance, deposit of money, services or any |
30 | thing, present or promised, as an inducement for requiring |
|
1 | students to purchase a specific college textbook required for |
2 | coursework or instruction. |
3 | (2) Notwithstanding the provisions of paragraph (1), |
4 | faculty a faculty member or academic department may receive: | <-- |
5 | (i) Sample copies, instructor's copies or |
6 | instructional material, not to be sold. | <-- |
7 | (ii) Royalties or other compensation from the sale |
8 | of college textbooks that include the writing or work of |
9 | the particular faculty member or academic department. | <-- |
10 | (3) A violation of this subsection may result in the | <-- |
11 | institution taking disciplinary action, subject to any |
12 | contractual requirements, against the faculty member or |
13 | academic department, including, where appropriate, referral |
14 | to law enforcement. |
15 | (c) Construction.--Nothing in this section shall be |
16 | construed: |
17 | (1) To prohibit the a faculty member or academic | <-- |
18 | department from requiring the most recent edition of a |
19 | college textbook. |
20 | (2) To supersede the institutional autonomy or academic |
21 | freedom of instructors or faculty, faculty members or | <-- |
22 | academic departments involved in the selection of college |
23 | textbooks, supplemental materials and other classroom |
24 | materials. |
25 | Section 5. Responsibilities of institutions of higher |
26 | education. |
27 | (a) General rule.--Except as otherwise provided in this |
28 | section, at student registration, each institution shall make | <-- |
29 | available at student registration and throughout the year on its | <-- |
30 | Internet website and upon written request a listing of all |
|
1 | college textbooks and supplemental learning materials, including | <-- |
2 | the ISBN, required and recommended for courses to be offered |
3 | during the upcoming term, provided that: |
4 | (1) If the ISBN is not available, the institution shall |
5 | include the author, title, edition, publisher and copyright | <-- |
6 | date for the college textbook or supplemental material. |
7 | (2) If the institution determines that the disclosure of |
8 | the information relating to a college textbook or |
9 | supplemental material is not practicable, then the |
10 | institution shall so indicate by placing the designation "To |
11 | Be Determined" in lieu of the information required in |
12 | paragraph (1). As this information becomes available, it | <-- |
13 | shall be posted on the institution's Internet website and |
14 | provided as soon as possible to students and those who have |
15 | previously requested such information. |
16 | (b) Publication.--The institution shall provide the |
17 | information required under subsection (a) subsections (a) and | <-- |
18 | (d) to existing and accepted incoming students by posting the |
19 | information on the institution's Internet website used for |
20 | course scheduling, preregistration and registration. The |
21 | institution shall inform, in writing, students in writing and | <-- |
22 | all others who make a written request for such information of |
23 | the availability of the information. The posting of this | <-- |
24 | information on the Internet website of the campus bookstore |
25 | shall satisfy the provisions of this section provided that such |
26 | information is freely available to students and the general |
27 | public. |
28 | (c) Information to college bookstore.--An institution of | <-- |
29 | higher education shall make available to a college bookstore | <-- |
30 | that is operated by, or in a contractual relationship or |
|
1 | otherwise affiliated with, the institution, and shall also make | <-- |
2 | available to off-campus bookstores upon request, as soon as |
3 | practicable after the request of the bookstore, the most |
4 | accurate information available relating to: |
5 | (1) The institution's course schedule for the subsequent |
6 | academic period. |
7 | (2) For each course or class offered by the institution |
8 | for the subsequent academic period: |
9 | (i) The information required by subsection (a) for |
10 | each college textbook or supplemental material required |
11 | or recommended for the course or class. |
12 | (ii) The number of students enrolled in such course |
13 | or class. |
14 | (iii) The maximum student enrollment for such course |
15 | or class. |
16 | (d) Dissemination of other information to students.--An |
17 | institution of higher education is encouraged to disseminate to |
18 | students information relating to: |
19 | (1) Available institutional programs for renting college | <-- |
20 | textbooks or for purchasing used college textbooks. |
21 | (2) Available institutional guaranteed college textbook | <-- |
22 | buyback programs. |
23 | (3) Available institutional alternative content delivery | <-- |
24 | programs, including digital textbooks. | <-- |
25 | (4) Other available cost-saving strategies for acquiring |
26 | institutional college textbooks and supplemental materials. | <-- |
27 | (5) Campus and off-campus bookstore information, to the | <-- |
28 | extent available, including location, hours and Internet |
29 | website information. |
30 | (e) Textbook information.--Nothing in this section shall be |
|
1 | construed to prohibit or restrict the ability of a bookstore |
2 | from also providing textbook information to students. |
3 | Section 6. College textbook rental pilot program. | <-- |
4 | (a) General rule.--An institution of higher education may |
5 | establish, with the approval of the administration, authorize | <-- |
6 | the establishment of a college textbook rental pilot program for | <-- |
7 | the students of any campus. A college textbook rental program | <-- |
8 | may also be established by: |
9 | (1) the student government association of the campus |
10 | voting to request a college textbook rental pilot program; |
11 | and |
12 | (2) any existing contracts or other established |
13 | arrangements with entities operating bookstores that allow or |
14 | accommodate the operation of a college textbook rental pilot |
15 | program. Programs may receive and use Federal, State and | <-- |
16 | private funding to aid in the establishment of such programs. |
17 | (b) Task force.--The administrators of a campus with a |
18 | college textbook rental pilot program shall may convene a task | <-- |
19 | force to determine recommended policies and procedures to |
20 | establish and operate a college textbook rental pilot program. |
21 | The task force must include students, faculty, administrators |
22 | and bookstore managers. |
23 | (c) Pilot program requirements.--A college textbook rental | <-- |
24 | pilot program at a campus shall comply with the following: |
25 | (1) The average annual college textbook rental cost for |
26 | full-time students may not exceed 33% of the average annual |
27 | retail purchase cost of college textbooks for full-time |
28 | students. |
29 | (2) The pilot |
30 | (c) Textbook selection.--The program may not limit the | <-- |
|
1 | rights of faculty to select appropriate college textbooks in | <-- |
2 | accordance with established policies and procedures. |
3 | (3) (i) The administrators of the campus shall report | <-- |
4 | to the board of trustees of the institution of higher |
5 | education for a period of three years any information |
6 | required to effectively evaluate the pilot program, |
7 | including, but not limited to, representations to |
8 | students, system efficiency and faculty satisfaction. |
9 | (ii) After three years, the board of trustees shall |
10 | report the findings of the pilot program evaluation to |
11 | the Education Committee of the Senate and the Education |
12 | Committee of the House of Representatives. |
13 | (4) The pilot program shall last for a period of no |
14 | fewer than three years. After three years, the administrators |
15 | of the campus shall make a decision as to whether to continue |
16 | or disband the pilot program. Any decision to disband the |
17 | pilot program at any point in time shall be made in |
18 | consultation with the task force and must include input from |
19 | the student government association when the pilot program was |
20 | established in accordance with subsection (a)(1) and (2). |
21 | (d) Powers of campuses with college textbook rental pilot | <-- |
22 | programs.--The administrators of a campus with a college |
23 | textbook rental pilot program may: | <-- |
24 | (1) Charge a nominal campus-based or course-based | <-- |
25 | college textbook rental fee to each student as a part of |
26 | tuition or mandatory fees to cover the costs of administering |
27 | the pilot program and maintaining an appropriate stock of |
28 | college textbooks. The fee may not exceed $20 and must be |
29 | clearly posted on a student's invoice or bill. |
30 | (2) (1) Establish policies for the pilot program, | <-- |
|
1 | including, but not limited to, implementing practices to |
2 | achieve the best possible purchase price for college |
3 | textbooks and for the provision of rental services. Such | <-- |
4 | policies shall be developed with the input of faculty, |
5 | students and bookstores. |
6 | (3) (2) Institute other procedures necessary to | <-- |
7 | establish and operate the pilot program in accordance with | <-- |
8 | the provisions of this act. |
9 | (4) (3) Charge students a fine for any late, lost or | <-- |
10 | damaged books, as determined by the pilot program, provided | <-- |
11 | that students may not be charged a fine for normal college | <-- |
12 | textbook wear and tear. |
13 | (4) Students shall not be required to participate in a | <-- |
14 | textbook rental program. |
15 | (e) Construction.--Nothing in this section shall be |
16 | construed to: |
17 | (1) change or limit any textbook rental program or |
18 | program in existence at an institution of higher education |
19 | prior to the enactment date of this act; or |
20 | (2) restrict an institution of higher education from |
21 | establishing or piloting other textbook rental models or |
22 | programs as deemed appropriate by the institution of higher |
23 | education. |
24 | Section 7. Electronic versions of college textbooks. |
25 | (a) General rule.--No later than January 1, 2020, an |
26 | individual, firm, partnership or corporation that publishes |
27 | college textbooks offered for sale at institutions of higher |
28 | education shall, to the extent practicable, make the college |
29 | textbooks available, in whole or in part, for sale in an |
30 | electronic format when commercially reasonable. |
|
1 | (b) Construction.--Nothing in this section shall be |
2 | construed to authorize any use of instructional materials that |
3 | would constitute an infringement of copyright under Federal law. |
4 | (c) Definition.--For purposes of this section, "college |
5 | textbook" means a book, not including a novel, that contains |
6 | printed material and is intended for use as a source of study |
7 | material for a class or group of students, a copy of which is |
8 | expected to be available for the use of each of the students in |
9 | that class or group. |
10 | Section 8. College textbook adoption policies. |
11 | (a) General rule.--An institution of higher education may |
12 | implement policies, procedures and guidelines that promote |
13 | efforts to minimize the cost of college textbooks for students |
14 | at the institution while maintaining the quality of education |
15 | and academic freedom. The policies, procedures and guidelines |
16 | shall ensure that: |
17 | (1) The adoption of a college textbook by a faculty |
18 | member is made with sufficient lead time so as to confirm |
19 | availability of the requested materials and, where possible, |
20 | ensure maximum availability of used college textbooks. |
21 | (2) (i) During the college textbook adoption process, |
22 | the intent to use all items ordered, particularly each |
23 | individual item sold as part of a bundled package, is |
24 | affirmatively confirmed before the adoption is finalized |
25 | by the faculty member. |
26 | (ii) If the faculty member does not intend to use |
27 | each item in a bundled package, the faculty member shall |
28 | notify the bookstore, and the bookstore shall order the |
29 | individualized items if: |
30 | (A) Procurement of the individualized items is |
|
1 | cost effective for both the institution and the |
2 | students. |
3 | (B) The individualized items are made available |
4 | by the publisher. |
5 | (3) Faculty members affirmatively acknowledge the quoted |
6 | retail price to the bookstore of any college textbook |
7 | selected for use in each course. |
8 | (4) Faculty members shall give due consideration to both |
9 | the educational value and cost of new edition college |
10 | textbooks and any supplemental materials when previous |
11 | editions do not significantly differ in a substantive way, as |
12 | determined by the appropriate faculty member. |
13 | (5) Required or assigned college textbooks are made |
14 | available to students who are otherwise unable to afford the |
15 | cost. |
16 | (6) Decisions regarding textbook adoption are made in a | <-- |
17 | timely manner to ensure a bookstore's ability to have |
18 | textbooks available for the first day of class. |
19 | Section 9. College Textbook Policies Advisory Committee. |
20 | (a) Establishment.--A standing committee of the State Board |
21 | of Education to be known as the College Textbook Policies |
22 | Advisory Committee is established. The Department of Education |
23 | shall provide staff support for the advisory committee. |
24 | (b) Membership.--The advisory committee shall be comprised |
25 | of: |
26 | (1) The Deputy Secretary for Higher Education of the |
27 | Department of Education or a designee. |
28 | (2) The chairman of the State Board of Education Higher |
29 | Education Council or a designee. |
30 | (3) One faculty member representing the State System of |
|
1 | Higher Education as recommended by the Chancellor of the |
2 | State System of Higher Education. |
3 | (4) One faculty member representing each of the State- |
4 | related institutions as recommended by the chancellors of the |
5 | State-related institutions. |
6 | (5) One faculty member representing community colleges |
7 | as recommended by the Commission for Community Colleges. |
8 | (6) One faculty member representing private and |
9 | independent colleges and universities as recommended by the |
10 | Association of Independent Colleges and Universities of |
11 | Pennsylvania. |
12 | (7) The chairman and minority chairman of the Education |
13 | Committee of the Senate and the chairman and minority |
14 | chairman of the House of Representatives or their designees. |
15 | (8) Six Nine members appointed by the chairman of the | <-- |
16 | State Board of Education as follows: |
17 | (i) One member Three members representing college | <-- |
18 | bookstores, with one representing campus bookstores, one | <-- |
19 | representing off-campus bookstores and one representing |
20 | online bookstores that focus primarily on the sale of |
21 | college textbooks. |
22 | (ii) One member Two members representing textbook | <-- |
23 | publishers. |
24 | (iii) Four student members representing college |
25 | students, of whom one must attend a State System of |
26 | Higher Education institution, one must attend a |
27 | State-related institution, one must attend a community |
28 | college and one must attend an independent or private |
29 | college or university within this Commonwealth. The |
30 | student members shall be appointed, respectively, by the |
|
1 | chairman from a list of students recommended by the |
2 | Chancellor of the State System of Higher Education, the |
3 | chancellors of the State-related institutions, the |
4 | Commission for Community Colleges or the Association of |
5 | Independent Colleges and Universities of Pennsylvania. |
6 | (9) One member possessing a background in information | <-- |
7 | technology-electronic media appointed by the chairman of the |
8 | State Board of Education. |
9 | (c) Recommendations.--The advisory committee shall examine |
10 | national and international efforts relating to college textbook |
11 | affordability and accessibility and make recommendations that: |
12 | (1) Ensure that students have access to affordable |
13 | course materials by decreasing costs to students and |
14 | enhancing transparency and disclosure with respect to the |
15 | selection, purchase, sale and use of course materials. |
16 | (2) Identify ways to decrease the cost of college |
17 | textbooks and supplemental materials for students while |
18 | supporting the academic freedom of faculty members to select |
19 | high quality course materials for students. |
20 | (3) Encourage college textbook publishers and |
21 | distributors to work with faculty to promote understanding of |
22 | the cost to students of purchasing faculty-selected college |
23 | textbooks, including the disclosure of prices and bundling |
24 | practices. |
25 | (4) Encourage innovation in the development and use of |
26 | course materials, including open-source college textbooks and |
27 | other open-source educational resources, that can help |
28 | students receive the full value of their educational |
29 | investment without excessive cost. |
30 | (5) Ensure that faculty members are informed of accurate |
|
1 | and relevant pricing information for course materials and |
2 | that students are protected as a consumer group. |
3 | (6) Make recommendations to the General Assembly and the |
4 | State Board of Education to strengthen existing State laws |
5 | and regulations and to propose any additional and necessary |
6 | State laws and regulations. |
7 | (d) First meeting.-- The advisory committee shall hold its |
8 | first meeting within 60 days of the effective date of this |
9 | section. The advisory committee shall meet at least once |
10 | quarterly. Members of the advisory committee shall serve without |
11 | compensation. The deputy secretary for Higher Education of the |
12 | Department of Education shall serve as committee chair. |
13 | (e) Report.--No later than 18 months after the effective |
14 | date of this section, the advisory committee shall make a report |
15 | to the State Board of Education that outlines its findings and |
16 | recommendations. The report shall also be delivered to the |
17 | Governor's Office, members of the Education Committee of the |
18 | Senate and members of the Education Committee of the House of |
19 | Representatives. The report shall be updated every three years |
20 | and may also be posted on the Department of Education's Internet |
21 | website. |
22 | Section 10. Effective date. |
23 | This act shall take effect as follows: | <-- |
24 | (1) This section shall take effect immediately. |
25 | (2) Sections 1, 8 and 9 shall take effect September 1, |
26 | 2009, or immediately, whichever is later. |
27 | (3) The remainder of this act shall take effect July 1, |
28 | 2010. |
29 | This act shall take effect July 1, 2010, or immediately, | <-- |
30 | whichever is later. |
|