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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN AND PICCOLA, JUNE 5, 2009 |
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| REFERRED TO EDUCATION, JUNE 5, 2009 |
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| AN ACT |
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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 learning materials that may be packaged together to |
19 | be sold as course materials for one price. |
20 | "Campus." The grounds and buildings of an institution of |
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1 | higher education that are designated as such by the institution |
2 | of higher education. |
3 | "Campus bookstore." The bookstore on the campus of, or |
4 | otherwise associated with, an institution of higher education. |
5 | "College textbook." A textbook or set of textbooks used for, |
6 | or in conjunction with, a course in postsecondary education at |
7 | an institution of higher education. |
8 | "Custom textbook." A college textbook that is compiled by a |
9 | publisher at the direction of a faculty member or other person |
10 | or adopting entity in charge of selecting course materials at an |
11 | institution of higher education and may include, alone or in |
12 | combination, items, such as selections from original instructor |
13 | materials, previously copyrighted publisher materials or |
14 | copyrighted third-party works. This term does not include purely |
15 | aesthetic changes to a textbook when compared with a prior |
16 | edition, such as a commemorative edition. |
17 | "Institution of higher education" or "institution." Any of |
18 | the 14 State-owned universities that are part of the |
19 | Pennsylvania State System of Higher Education, including the |
20 | four State-related universities. The term also includes |
21 | community colleges that are members of the Pennsylvania |
22 | Commission for Community Colleges and independent or private |
23 | colleges or universities that receive an assistance grant under |
24 | the act of July 18, 1974 (P.L.483, No.174), known as The |
25 | Institutional Assistance Grants Act. |
26 | "Integrated textbook." A college textbook that is: |
27 | (1) combined with supplemental materials developed by a |
28 | third party and that, by third-party contractual agreement, |
29 | may not be offered by publishers separately from the college |
30 | textbook with which the supplemental materials are combined; |
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1 | or |
2 | (2) combined with supplemental materials that are so |
3 | interrelated with the content of the textbook that the |
4 | separation of the textbook from the supplemental materials |
5 | would render the textbook unusable for its intended purpose. |
6 | "ISBN." International Standard Book Number. |
7 | "Publisher." An entity that publishes college textbooks or |
8 | supplemental materials and markets college textbooks or |
9 | supplemental materials to faculty members at institutions of |
10 | higher education. |
11 | "Substantial content." Parts of a college textbook, such as |
12 | new chapters, additional eras of time, new themes or new subject |
13 | matter. |
14 | "Supplemental material." Educational material developed to |
15 | accompany a college textbook, which may include printed |
16 | materials, computer disks, Internet website access and |
17 | electronically distributed materials. |
18 | Section 3. Publisher requirements. |
19 | (a) Pricing information disclosure.--When a publisher |
20 | provides a faculty member or entity in charge of selecting |
21 | course materials at an institution of higher education with |
22 | information regarding a college textbook or supplemental |
23 | material, the publisher shall include, in writing or |
24 | electronically, the following: |
25 | (1) The price at which the publisher would make the |
26 | college textbook or supplemental material available to the |
27 | campus bookstore of the institution of higher education. |
28 | (2) The copyright dates of the three previous editions |
29 | of the college textbook or supplemental material in the |
30 | preceding ten years, if any. |
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1 | (3) The substantial content revisions made between the |
2 | current edition of the college textbook or supplemental |
3 | material and the previous edition, if any. |
4 | (4) Whether the college textbook or supplemental |
5 | material is available in any other format, including |
6 | paperback and unbound, and the price at which the publisher |
7 | would make the college textbook or supplemental material in |
8 | the other format available to the campus bookstore of such |
9 | institution of higher education. |
10 | (b) Pricing information accountability.--When a publisher |
11 | provides a faculty member or entity in charge of selecting |
12 | course materials at an institution of higher education with the |
13 | price at which the publisher would make the college textbook or |
14 | supplemental material available to the campus bookstore of the |
15 | institution of higher education as required under this section |
16 | or under 20 U.S.C. § 1015 (relating to improvements in market |
17 | information and public accountability in higher education), the |
18 | publisher shall: |
19 | (1) Make, for at least six months, the college textbook |
20 | supplemental material available to the campus bookstore at |
21 | the institution of higher education at or below such price |
22 | provided to a faculty member or other entity in charge of |
23 | selecting course materials. |
24 | (2) Notify, in writing or electronically, the faculty |
25 | member or entity in charge of selecting course materials and |
26 | campus bookstore at least 45 days in advance of any increase |
27 | in the price and the amount of increase. |
28 | (c) Unbundling of college textbooks from supplemental |
29 | materials.-- |
30 | (1) A publisher that sells a college textbook and any |
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1 | supplemental material accompanying the college textbook as a |
2 | bundle or as an integrated textbook shall also make available |
3 | the college textbook and each supplemental material as |
4 | separate and unbundled items, each separately priced. |
5 | (2) A publisher is not required to make available |
6 | supplemental items developed by a third party and that, by |
7 | third-party contractual agreement, may not be offered by the |
8 | publisher separately from the college textbook. |
9 | (d) Custom textbooks.--When a faculty member or entity in |
10 | charge of selecting course materials at an institution of higher |
11 | education directs a publisher to compile a custom textbook, the |
12 | publisher shall provide, in writing or electronically, prior to |
13 | accepting an order for the custom textbook, the price at which |
14 | the publishers would make the custom textbook available to the |
15 | campus bookstore. |
16 | (e) Prohibited activity.--No institution of higher education |
17 | shall have business dealings related to the sale of college |
18 | textbooks with any publisher that is in violation of this |
19 | section. |
20 | Section 4. Faculty responsibilities. |
21 | (a) General duties.--A faculty member or entity in charge of |
22 | selecting college textbooks, supplemental learning materials or |
23 | bundled textbook packages for an institution of higher education |
24 | shall: |
25 | (1) Consider the least costly practices in assigning |
26 | college textbooks, consistent with educationally sound |
27 | practices as determined by the appropriate faculty or entity. |
28 | (2) Consider the use of college textbooks, supplemental |
29 | learning materials and bundled textbook packages for a longer |
30 | period of time, to the extent they are not outdated. |
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1 | (3) Work with bookstores to review timeliness and the |
2 | processes involved in ordering and stocking selected course |
3 | materials, disclose college textbook costs to students and |
4 | actively promote and publicize book buyback programs. |
5 | (4) Provide a written statement to the president or |
6 | chancellor of the institution detailing college textbooks or |
7 | supplemental learning materials, whether bundled or |
8 | unbundled, that are recommended for the course. |
9 | (5) Provide a written statement to the president or |
10 | chancellor of the institution indicating the earliest edition |
11 | of any required college textbook or supplemental learning |
12 | materials that may be effective for use by a student for a |
13 | particular course. |
14 | (b) Prohibited conduct by faculty.-- |
15 | (1) Faculty shall not demand or receive any payment, |
16 | loan, subscription, advance, deposit of money, services or |
17 | any thing, present or promised, as an inducement for |
18 | requiring students to purchase a specific college textbook |
19 | required for coursework or instruction. |
20 | (2) Notwithstanding the provisions of paragraph (1), |
21 | faculty may receive: |
22 | (i) Sample copies, instructor's copies or |
23 | instructional material, not to be sold. |
24 | (ii) Royalties or other compensation from the sale |
25 | of college textbooks that include the writing or work of |
26 | the particular faculty member. |
27 | (c) Construction.--Nothing in this section shall be |
28 | construed: |
29 | (1) To prohibit the faculty member from requiring the |
30 | most recent edition of a college textbook. |
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1 | (2) To supersede the institutional autonomy or academic |
2 | freedom of instructors or faculty involved in the selection |
3 | of college textbooks, supplemental materials and other |
4 | classroom materials. |
5 | Section 5. Responsibilities of institutions of higher |
6 | education. |
7 | (a) General rule.--Except as otherwise provided in this |
8 | section, at student registration, each institution shall make |
9 | available a listing of all college textbooks and supplemental |
10 | learning materials, including the ISBN, required and recommended |
11 | for courses to be offered during the upcoming term, provided |
12 | that: |
13 | (1) If the ISBN is not available, the institution shall |
14 | include the author, title, publisher and copyright date for |
15 | the college textbook or supplemental material. |
16 | (2) If the institution determines that the disclosure of |
17 | the information relating to a college textbook or |
18 | supplemental material is not practicable, then the |
19 | institution shall so indicate by placing the designation "To |
20 | Be Determined" in lieu of the information required in |
21 | paragraph (1). |
22 | (b) Publication.--The institution shall provide the |
23 | information required under subsection (a) to existing and |
24 | accepted incoming students by posting the information on the |
25 | institution's Internet website used for course scheduling, |
26 | preregistration and registration. The institution shall inform |
27 | students in writing of the availability of the information. |
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 |
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1 | otherwise affiliated with, the institution, as soon as |
2 | practicable after the request of the bookstore, the most |
3 | accurate information available relating to: |
4 | (1) The institution's course schedule for the subsequent |
5 | academic period. |
6 | (2) For each course or class offered by the institution |
7 | for the subsequent academic period: |
8 | (i) The information required by subsection (a) for |
9 | each college textbook or supplemental material required |
10 | or recommended for the course or class. |
11 | (ii) The number of students enrolled in such course |
12 | or class. |
13 | (iii) The maximum student enrollment for such course |
14 | or class. |
15 | (d) Dissemination of other information to students.--An |
16 | institution of higher education is encouraged to disseminate to |
17 | students information relating to: |
18 | (1) Available institutional programs for renting college |
19 | textbooks or for purchasing used college textbooks. |
20 | (2) Available institutional guaranteed college textbook |
21 | buyback programs. |
22 | (3) Available institutional alternative content delivery |
23 | programs. |
24 | (4) Other available cost-saving strategies for acquiring |
25 | institutional college textbooks and supplemental materials. |
26 | Section 6. College textbook rental pilot program. |
27 | (a) General rule.--An institution of higher education may |
28 | establish a college textbook rental pilot program for the |
29 | students of any campus. A college textbook rental program may |
30 | also be established by: |
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1 | (1) the student government association of the campus |
2 | voting to request a college textbook rental pilot program; |
3 | and |
4 | (2) any existing contracts or other established |
5 | arrangements with entities operating bookstores that allow or |
6 | accommodate the operation of a college textbook rental pilot |
7 | program. |
8 | (b) Task force.--The administrators of a campus with a |
9 | college textbook rental pilot program may convene a task force |
10 | to determine recommended policies and procedures to establish |
11 | and operate a college textbook rental pilot program. The task |
12 | force must include students, faculty, administrators and |
13 | bookstore managers. |
14 | (c) Pilot program requirements.--A college textbook rental |
15 | pilot program at a campus shall comply with the following: |
16 | (1) The pilot program shall be self-sustaining through |
17 | revenue generated from student tuition and fees, excluding |
18 | the initial start-up costs to be paid from supplemental |
19 | funding from other sources. |
20 | (2) The average annual college textbook rental cost for |
21 | full-time students may not exceed 33% of the average annual |
22 | retail purchase cost of college textbooks for full-time |
23 | students. |
24 | (3) The pilot program may not limit the rights of |
25 | faculty to select appropriate college textbooks in accordance |
26 | with established policies and procedures. |
27 | (4) Students shall not be required to participate in the |
28 | pilot program. |
29 | (5) The pilot program may be disbanded with the approval |
30 | of the student government association of the campus. |
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1 | (6) (i) The administrators of the campus shall report |
2 | to the board of trustees of the institution of higher |
3 | education for a period of three years any information |
4 | required to effectively evaluate the pilot program, |
5 | including, but not limited to, representations to |
6 | students, system efficiency and faculty satisfaction. |
7 | (ii) After three years, the board of trustees shall |
8 | report the findings of the pilot program evaluation to |
9 | the Education Committee of the Senate and the Education |
10 | Committee of the House of Representatives. |
11 | (d) Powers of campuses with college textbook rental pilot |
12 | programs.--The administrators of a campus with a college |
13 | textbook rental pilot program may: |
14 | (1) Charge a nominal campus-based or course-based |
15 | college textbook rental fee to each student as a part of |
16 | tuition or mandatory fees to cover the costs of administering |
17 | the pilot program and maintaining an appropriate stock of |
18 | college textbooks. The fee may not exceed $20 and must be |
19 | clearly posted on a student's invoice or bill. |
20 | (2) Establish policies for the pilot program, including, |
21 | but not limited to, implementing practices to achieve the |
22 | best possible purchase price for college textbooks and for |
23 | the provision of rental services. |
24 | (3) Institute other procedures necessary to establish |
25 | and operate the pilot program in accordance with the |
26 | provisions of this act. |
27 | (4) Charge students a fine for any late, lost or damaged |
28 | books, as determined by the pilot program, provided that |
29 | students may not be charged a fine for normal college |
30 | textbook wear and tear. |
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1 | Section 7. Electronic versions of college textbooks. |
2 | (a) General rule.--No later than January 1, 2020, an |
3 | individual, firm, partnership or corporation that publishes |
4 | college textbooks offered for sale at institutions of higher |
5 | education shall make the college textbooks available, in whole |
6 | or in part, for sale in an electronic format. The price at which |
7 | the electronic version of the college textbook is made available |
8 | shall not be greater than the price charged for the printed |
9 | version. The electronic version of any college textbook shall |
10 | contain the same content as the printed version and may be copy |
11 | protected. |
12 | (b) Construction.--Nothing in this section shall be |
13 | construed to authorize any use of instructional materials that |
14 | would constitute an infringement of copyright under Federal law. |
15 | (c) Definition.--For purposes of this section, "college |
16 | textbook" means a book, not including a novel, that contains |
17 | printed material and is intended for use as a source of study |
18 | material for a class or group of students, a copy of which is |
19 | expected to be available for the use of each of the students in |
20 | that class or group. |
21 | Section 8. College textbook adoption policies. |
22 | (a) General rule.--An institution of higher education may |
23 | implement policies, procedures and guidelines that promote |
24 | efforts to minimize the cost of college textbooks for students |
25 | at the institution while maintaining the quality of education |
26 | and academic freedom. The policies, procedures and guidelines |
27 | shall ensure that: |
28 | (1) The adoption of a college textbook by a faculty |
29 | member is made with sufficient lead time so as to confirm |
30 | availability of the requested materials and, where possible, |
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1 | ensure maximum availability of used college textbooks. |
2 | (2) (i) During the college textbook adoption process, |
3 | the intent to use all items ordered, particularly each |
4 | individual item sold as part of a bundled package, is |
5 | affirmatively confirmed before the adoption is finalized |
6 | by the faculty member. |
7 | (ii) If the faculty member does not intend to use |
8 | each item in a bundled package, the faculty member shall |
9 | notify the bookstore, and the bookstore shall order the |
10 | individualized items if: |
11 | (A) Procurement of the individualized items is |
12 | cost effective for both the institution and the |
13 | students. |
14 | (B) The individualized items are made available |
15 | by the publisher. |
16 | (3) Faculty members affirmatively acknowledge the quoted |
17 | retail price to the bookstore of any college textbook |
18 | selected for use in each course. |
19 | (4) Faculty members are encouraged to limit their use of |
20 | new edition college textbooks when previous editions do not |
21 | significantly differ in a substantive way, as determined by |
22 | the appropriate faculty member. |
23 | (5) Required or assigned college textbooks are made |
24 | available to students who are otherwise unable to afford the |
25 | cost. |
26 | Section 9. College Textbook Policies Advisory Committee. |
27 | (a) Establishment.--A standing committee of the State Board |
28 | of Education to be known as the College Textbook Policies |
29 | Advisory Committee is established. The Department of Education |
30 | shall provide staff support for the advisory committee. |
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1 | (b) Membership.--The advisory committee shall be comprised |
2 | of: |
3 | (1) The Deputy Secretary for Higher Education of the |
4 | Department of Education or a designee. |
5 | (2) The chairman of the State Board of Education Higher |
6 | Education Council or a designee. |
7 | (3) One faculty member representing the State System of |
8 | Higher Education as recommended by the Chancellor of the |
9 | State System of Higher Education. |
10 | (4) One faculty member representing each of the State- |
11 | related institutions as recommended by the chancellors of the |
12 | State-related institutions. |
13 | (5) One faculty member representing community colleges |
14 | as recommended by the Commission for Community Colleges. |
15 | (6) One faculty member representing private and |
16 | independent colleges and universities as recommended by the |
17 | Association of Independent Colleges and Universities of |
18 | Pennsylvania. |
19 | (7) The chairman and minority chairman of the Education |
20 | Committee of the Senate and the chairman and minority |
21 | chairman of the House of Representatives or their designees. |
22 | (8) Six members appointed by the chairman of the State |
23 | Board of Education as follows: |
24 | (i) One member representing college bookstores. |
25 | (ii) One member representing textbook publishers. |
26 | (iii) Four student members representing college |
27 | students, of whom one must attend a State System of |
28 | Higher Education institution, one must attend a |
29 | State-related institution, one must attend a community |
30 | college and one must attend an independent or private |
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1 | college or university within this Commonwealth. The |
2 | student members shall be appointed, respectively, by the |
3 | chairman from a list of students recommended by the |
4 | Chancellor of the State System of Higher Education, the |
5 | chancellors of the State-related institutions, the |
6 | Commission for Community Colleges or the Association of |
7 | Independent Colleges and Universities of Pennsylvania. |
8 | (c) Recommendations.--The advisory committee shall examine |
9 | national and international efforts relating to college textbook |
10 | affordability and accessibility and make recommendations that: |
11 | (1) Ensure that students have access to affordable |
12 | course materials by decreasing costs to students and |
13 | enhancing transparency and disclosure with respect to the |
14 | selection, purchase, sale and use of course materials. |
15 | (2) Identify ways to decrease the cost of college |
16 | textbooks and supplemental materials for students while |
17 | supporting the academic freedom of faculty members to select |
18 | high quality course materials for students. |
19 | (3) Encourage college textbook publishers and |
20 | distributors to work with faculty to promote understanding of |
21 | the cost to students of purchasing faculty-selected college |
22 | textbooks, including the disclosure of prices and bundling |
23 | practices. |
24 | (4) Encourage innovation in the development and use of |
25 | course materials, including open-source college textbooks and |
26 | other open-source educational resources, that can help |
27 | students receive the full value of their educational |
28 | investment without excessive cost. |
29 | (5) Ensure that faculty members are informed of accurate |
30 | and relevant pricing information for course materials and |
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1 | that students are protected as a consumer group. |
2 | (6) Make recommendations to the General Assembly and the |
3 | State Board of Education to strengthen existing Federal and |
4 | State regulations and to propose any additional and necessary |
5 | State laws and regulations. |
6 | (d) First meeting.-- The advisory committee shall hold its |
7 | first meeting within 60 days of the effective date of this |
8 | section. The advisory committee shall meet at least once |
9 | quarterly. Members of the advisory committee shall serve without |
10 | compensation. The deputy secretary for Higher Education of the |
11 | Department of Education shall serve as committee chair. |
12 | (e) Report.--No later than 18 months after the effective |
13 | date of this section, the advisory committee shall make a report |
14 | to the State Board of Education that outlines its findings and |
15 | recommendations. The report shall also be delivered to the |
16 | Governor's Office, members of the Education Committee of the |
17 | Senate and members of the Education Committee of the House of |
18 | Representatives. The report shall be updated every three years |
19 | and may also be posted on the Department of Education's Internet |
20 | website. |
21 | Section 10. Effective date. |
22 | This act shall take effect July 1, 2010. |
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