Align the rule with section 1004.085(7), F.S., which requires the State Board of Education to receive input from students, faculty, bookstores, and publishers and put forth textbook and instructional materials affordability policies, procedures, and ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-14.092: Textbook Affordability

PURPOSE AND EFFECT: Align the rule with section 1004.085(7), F.S., which requires the State Board of Education to receive input from students, faculty, bookstores, and publishers and put forth textbook and instructional materials affordability policies, procedures, and guidelines for implementation by Florida College System (FCS) institutions. The effect of this rule amendment will be to ensure FCS institutional policies align with statutory requirements. Passage of this rule would require FCS Boards of Trustees to update current policy related to textbook affordability. Additionally, college administration would be responsible for implementing procedures to certify that the provisions of the rule have been met.

SUMMARY: The proposed rule amendment outlines the key elements to be included in Florida College System institution textbook affordability policy. This proposed rule amendment strikes the requirement for a statewide textbook affordability workgroup.

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: 1) No requirement for SERC was triggered under s. 120.541(1), F. S. and 2) Based on past experiences with textbook affordability there would be no economic impact form the rule and the adverse impact on regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541 (2)(a), Florida Statutes.

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, FS.

LAW IMPLEMENTED: 1004.085, FS.

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

DATE AND TIME: July 17, 2017, 2:00 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amy Albee-Levine, Director of Academic and Workforce Program, Division of Florida Colleges, [phone], [e-mail].

 

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) Adopt textbooks no later than seventy-five (75) forty-five (45) days prior to the first day of classes for 95% of sections 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) forty-five (45) day deadline, textbooks for such courses shall be adopted as soon as is feasible to ensure sufficient lead time. Academic departments shall notify the bookstore of required and recommended textbooks and instructional materials no later than sixty (60) days prior to the first day of classes for 95% of course sections.

(2) Ensure that pPursuant to Section 1004.085(6) (3), F.S., for those classes added after the forty-five (45) thirty (30) day notification deadline, institutions shall post textbook information on their websites immediately as such information becomes available.

(3) Confirm through a course instructor or academic department offering the course the intent to use all items ordered, particularly each individual item sold as part of a bundled package, before the textbook or instructional materials adoption is finalized. Collect and maintain, before textbook adoption is finalized, written or electronically transmitted certifications from course instructors attesting:

(a) That all textbooks and other instructional items ordered will be used, particularly each individual item sold as part of a bundled package; and,

(b) The extent to which a new edition differs significantly and substantively from earlier versions, and the value of changing to a new edition.

(4) Confirm through a course instructor or academic department offering the course the extent to which a new edition differs 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 is available before a textbook or instructional material is adopted. Provide assistance as requested by the statewide textbook affordability workgroup established by the Department of Education to recommend policies and strategies that address the availability of required textbooks to students otherwise unable to afford the cost. The workgroup shall consist of nine representatives from institutions within the Florida College System chosen based on variable student enrollment (small and large student populations), geographic location (north, central and south) and economic status of student body (high population receiving need-based financial aid). A report shall be submitted by the workgroup to the State Board of Education by December 1, 2009, that identifies the policies.

(5) Determine 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 textbook or instructional material may be used.

(6) Confirm participation by course instructors and academic departments 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.

(7) Consult with school districts to identify practices that impact the cost of dual enrollment textbooks and instructional materials to school districts, including, but not limited to, the length of time that textbooks and instructional materials remain in use.

(8) 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:

(a) Purchasing digital textbooks in bulk.

(b) Expanding the use of open-access textbooks and instructional materials.

(c) Providing rental options for textbooks and instructional materials.

(d) Increasing the availability and use of affordable digital textbooks and learning objects.

(e) Developing mechanisms to assist in buying, renting, selling, and sharing textbooks and instructional materials.

(f) Determine 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.

(g) Review the cost savings for textbooks and instructional materials which a student may realize if individual students are able to exercise opt-in provisions for the purchase of the materials.

(h) Consider course wide adoption, specifically for high enrollment general education courses.  

(9) The board of trustees of each Florida College System institution shall 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) Specific initiatives of the institution designed to reduce the costs of textbooks and instructional materials;

(c) Policies implemented regarding the posting of textbook and instructional materials for at least 95% of all courses and course sections forty-five (45) days before the first day of class; and

(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.

Rulemaking Authority 1004.085(7) (3), (4) FS. Law Implemented 1004.085 FS. History–New 2-25-09, Amended

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Florida College System.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2016