The proposed amendment updates components of Florida College System textbook affordability policies and reporting requirements, including: the removal of the seventy-five (75) day requirement language to notify bookstores ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.092Textbook Affordability

PURPOSE AND EFFECT: The proposed amendment updates components of Florida College System textbook affordability policies and reporting requirements, including: the removal of the seventy-five (75) day requirement language to notify bookstores of adopted materials; the inclusion of reasonable exceptions to the forty-five (45) day posting requirement pursuant to Section 1004.085(5), Florida Statutes (F.S.); and general clean up to clarify reporting requirements. Other technical changes will be made to rule language. The proposed amendment removes language around the 75-day adoption requirement, adds provisions to align with the statute and provides clear, explicit guidance regarding reasonable exceptions and reporting requirements.

SUMMARY: To update components of Florida College System textbook affordability policies and reporting requirements, specifically: the removal of the seventy-five (75) day requirement language to notify bookstores of adopted materials; the inclusion of reasonable exceptions to the forty-five (45) day posting requirement pursuant to Section 1004.085(5); and general clean up to clarify reporting requirements. Other technical changes will be made to rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule amendment is not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S. and will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1004.085(5), 1004.085(6), 1001.02(1), 1001.02(2)(n), F.S.

LAW IMPLEMENTED: 1004.085, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 9, 2022, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Sfiropoulos, Ph.D., Director of Academic Affairs, Division of Florida Colleges, [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-14.092 Textbook Affordability.

Pursuant to Section 1004.085, F.S., institutions within the Florida College System through the Chief Academic Officer or designee(s) shall:

(1) Monitor and confirm compliance with Section 1004.085(5), F.S., which requires that required and recommended textbooks and instructional materials are published at least forty-five (45) days before the first day of class for each term for at least 95 percent of all scheduled course sections. Sections where no textbook is required or no-cost open educational resources are used are subject to the forty-five (45) day notification requirement. Exceptions to this requirement are as follows: Adopt textbooks and instructional materials no later than seventy-five (75) days prior to the first day of classes for 95% of sections. No later than seventy-five (75) days prior to the first day of classes, colleges shall share a list of adopted textbooks and instructional materials with bookstores to allow sufficient lead time to bookstores to work with publishers so as to confirm availability of the requested materials and to ensure maximum availability of used books. Where courses are added after this seventy-five (75) day deadline, textbooks for such courses shall be adopted as soon as is feasible to ensure sufficient lead time.

(a) The originally adopted textbook or instructional material is no longer available;

(b) A faculty member is hired or assigned to teach the course section after the forty-five (45) day notification deadline;

(c) The course section is added after the forty-five (45) day notification deadline;

(d) The instructional modality of the course section changes after the forty-five (45) day notification deadline; and

(e) The course is continuing workforce education.

(2) Ensure that pursuant to Section 1004.085(5), F.S., for those classes added after the forty-five (45) day notification deadline, institutions shall post textbook information is posted on their websites immediately as such information becomes available.

(3) Select textbooks and instructional materials through cost-benefit analyses that enable students to obtain the highest-quality product at the lowest available price, by considering, in addition to those items listed in Section 1004.085(6)(7)(g), F.S.:

(a) The length of time that textbooks and instructional materials remain in use, prioritizing textbooks and instructional materials that will remain in use for a minimum of three (3) years.

(b) Course-wide adoption, specifically for high enrollment general education courses.

(4) No change.

(5) The board of trustees of each Florida College System institution shall report Report by September 30 of each year to the Chancellor of the Florida College System, in a format determined by the Chancellor, the following:

(a) The textbook and instructional materials selection process for general education courses with a wide cost variance and high-enrollment courses; course sections with no cost shall not be included in the examination of cost variance between different sections of the same course.

(b) through (c) No change.

(d) The number of courses and course sections that were not able to meet the textbook and instructional materials posting deadline for the previous academic year, identifying those related to exceptions provided under subsection (1).

Rulemaking Authority 1004.085(5), F.S., 1004.085(6), F.S., 1001.02(1), F.S., 1001.02(2)(n), F.S.. Law Implemented 1004.085 FS. History–New 2-25-09, Amended 10-17-17.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Sfiropoulos, Ph.D., Director, Academic Affairs.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2021