To align the rule with new statutory requirements outlined in Senate Bill 2524 and 7044 from the 2022 legislative session. The rule sets forth the adoption, posting, and reporting requirements for Florida College System ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.092Textbook Affordability

PURPOSE AND EFFECT: To align the rule with new statutory requirements outlined in Senate Bill 2524 and 7044 from the 2022 legislative session. The rule sets forth the adoption, posting, and reporting requirements for Florida College System (FCS) institutions related to textbook and instructional materials. The rule also addresses required posting of course syllabi for certain courses.

SUMMARY: The rule will address additional guidelines regarding textbook and instructional materials adoption and affordability. Approval of the proposed amendment of this rule may require FCS institutions to update current policies and procedures to bring greater transparency to textbooks and instructional materials costs. In addition, the rule will require FCS institutions to post syllabi for general education core courses.

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: This proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of this rule. This is based upon the nature of the proposed rule.

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: 1001.02(1), (2),(n), 1004.085 (5), 1004.085(6), 1006.73(4)(e), F.S.

LAW IMPLEMENTED: 1004.085, 1006.73, F.S.

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

DATE AND TIME: August 17, 2022, 9:00 a.m.

PLACE: Pensacola State College. Switzer Center for Visual Arts (Bldg. 15), 1000 College Boulevard, Pensacola, FL 32504.

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:

 

Substantial rewording of Rule 6A-14.092 Textbook Affordability follows. See Florida Administrative Code for present text.

6A-14.092 Textbook and Course Material Affordability and Transparency.

(1) Purpose. The purpose of this rule is to set forth the adoption, posting, and reporting requirements for Florida College System institutions relating to textbook and course material affordability and transparency.

(2) Textbook and Instructional Material Adoption.

(a) Each Florida College System institution is required to select textbooks and instructional materials through cost-benefit analyses that enable students to obtain the highest-quality product at the lowest available price. Pursuant to Section 1004.085(1), F.S., the term “instructional materials” means educational materials for use within a course which may be available in printed or digital format.

(b) The cost-benefit analysis must include consideration of the items listed in Section 1004.085(6)(g), F.S., and:

1. 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.

2. Course-wide adoption, specifically for general education courses.

(c) Prior to the adoption of the selected textbook and instructional materials, instructors must confirm the intent to use all materials pursuant to Section 1004.085(6)(b), F.S.

(d) Institutions must ensure that proposed new editions have undergone a review process to determine whether the content revisions to the current version of a textbook or instructional material warrant the adoption of the new edition. Institutions may request the publisher provide descriptions of content revisions.

(e) Development, adaptation, and review of open educational resources and instructional materials must be a collaborative process pursuant to Section 1004.085(6)(e), F.S.

(f) For textbooks and instructional materials for use in dual enrollment courses, institutions must consult with school districts as outlined in Section 1004.085(6)(f), F.S. 

(g) Institutions must have options in place to make textbooks and instructional materials available to students who may not be able to afford the cost pursuant to Section 1004.085(6)(d), F.S.

(3) Textbook and Instructional Materials Forty-Five (45) Day Posting Requirements. Each Florida College System institution is required to publish on its website and in its course registration system a list of required and recommended textbooks and instructional materials as early as feasible but at least forty-five (45) days before the first day of class for each term for at least ninety-five (95) percent of all scheduled course sections. 

(a) The list of required and recommended textbook and instructional materials must meet the requirements of Section 1004.085(5)(a), F.S., and must be searchable by:

1. Course subject;

2. Course number;

3. Course title;

4. Name of the instructor of the course;

5. Title of each assigned textbook or instructional material; and

6. Each author of an assigned textbook or instructional material.

(b) The list of required and recommended textbook and instructional materials must be easily downloadable by current and prospective students.

(c) Sections where no textbook is required or no-cost open educational resources are used must have an icon to indicate their status as zero cost. The Zero Textbook Cost Indicator developed by the Florida Postsecondary Academic Library Network may be used for this purpose pursuant to Section 1006.73(4), F.S.

(d) For course sections added after the forty-five (45) day notification deadline, including course sections with a reasonable exception under paragraph (3)(e), textbook and instructional material information must be posted immediately as such information becomes available.

(e) Limited exceptions to the forty-five (45) day posting requirement are as follows.

1. The originally adopted textbook or instructional material is no longer available;

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

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

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

5. The course is continuing workforce education.

(4) Textbook and Instructional Materials Five-Year (5) Posting Requirements. Each Florida College System institution is required to maintain and publish a list of required and recommended textbooks for the preceding five (5) academic years.

(a) The five-year (5) list must be inclusive of the components required under paragraph (3)(a) and must be easily accessible from the institution’s consumer information website.

(b) By May 1, 2023, each Florida College System institution must publish the textbooks and instructional materials list for academic years 2017-18, 2018-19, 2019-20, 2020-21, and 2021-22.

(c) Beginning in 2023 for academic year 2022-23, and thereafter, the five-year (5) list must be updated annually by September 1 to include the preceding Fall, Spring, and Summer Terms.

(5) General Education Core Course Forty-Five (45) Day Syllabi Posting Requirements. Each Florida College System institution is required to publish course syllabi for each section of a general education core course identified in Rule 6A-14.0303, F.A.C., as early as feasible but at least forty-five (45) days before the first day of class for each term.

(a) Minimally, all general education core course syllabi must include:

1. Curriculum;

2. Goals;

3. Objectives;

4. Student expectations of the course; and

5. How student performance will be measured.

(b) Course syllabi may include other information specific to the institution.

(c) Each institution is required to publish the syllabus for each general education core course section. For general education core course sections added after the forty-five (45) day notification deadline, including course sections with a reasonable exception under paragraph (5)(d), master course syllabi, where available, may be posted. Master course syllabi include course content, learning outcomes, and requirements that must be followed by all instructors who teach the course. Master course syllabi must be replaced immediately as soon as final course section syllabi become available.

(d) Limited exceptions to the forty-five (45) day syllabi posting requirement are as follows.

1. A faculty member has not yet been assigned to teach the course section before the forty-five (45) day notification deadline.

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

(6) Reporting Requirements. Each Florida College System institution is required to 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 high-enrollment courses;

(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 ninety-five (95) percent of all courses and course sections forty-five (45) days before the first day of class;

(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 paragraph (3)(e);

(e) Procedures implemented regarding the posting of general education core course syllabi for at least ninety-five (95) percent of all courses and course sections forty-five (45) days before the first day of class; and

(f) Evidence of compliance with the general education core course syllabi posting requirement.

Rulemaking Authority 1001.02(1), (2)(n), 1004.085(5), (6), 1006.73(4), FS. Law Implemented 1004.085, 1006.73 FS. History–New 2-25-09, Amended 10-17-17, 3-15-22,

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 18, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2022