THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN AND PICCOLA, JUNE 5, 2009

REFERRED TO EDUCATION, JUNE 5, 2009  

AN ACT

Providing for the sale of certain course materials at

institutions of higher education, for responsibilities of

faculty and institutions of higher education and for college

textbook rental pilot programs; and establishing the College

Textbook Policies Advisory Committee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the College

Textbook Affordability, Accountability and Accessibility Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory committee."  The College Textbook Policies Advisory

Committee established under this act.

"Bundle."  One or more college textbooks or other

supplemental learning materials that may be packaged together to

be sold as course materials for one price.

"Campus."  The grounds and buildings of an institution of

higher education that are designated as such by the institution

of higher education.

"Campus bookstore."  The bookstore on the campus of, or

otherwise associated with, an institution of higher education.

"College textbook."  A textbook or set of textbooks used for,

or in conjunction with, a course in postsecondary education at

an institution of higher education.

"Custom textbook."  A college textbook that is compiled by a

publisher at the direction of a faculty member or other person

or adopting entity in charge of selecting course materials at an

institution of higher education and may include, alone or in

combination, items, such as selections from original instructor

materials, previously copyrighted publisher materials or

copyrighted third-party works. This term does not include purely

aesthetic changes to a textbook when compared with a prior

edition, such as a commemorative edition.

"Institution of higher education" or "institution."  Any of

the 14 State-owned universities that are part of the

Pennsylvania State System of Higher Education, including the

four State-related universities. The term also includes

community colleges that are members of the Pennsylvania

Commission for Community Colleges and independent or private

colleges or universities that receive an assistance grant under

the act of July 18, 1974 (P.L.483, No.174), known as The

Institutional Assistance Grants Act.

"Integrated textbook."  A college textbook that is:

(1)  combined with supplemental materials developed by a

third party and that, by third-party contractual agreement,

may not be offered by publishers separately from the college

textbook with which the supplemental materials are combined;

or

(2)  combined with supplemental materials that are so

interrelated with the content of the textbook that the

separation of the textbook from the supplemental materials

would render the textbook unusable for its intended purpose.

"ISBN."  International Standard Book Number.

"Publisher."  An entity that publishes college textbooks or

supplemental materials and markets college textbooks or

supplemental materials to faculty members at institutions of

higher education.

"Substantial content."  Parts of a college textbook, such as

new chapters, additional eras of time, new themes or new subject

matter.

"Supplemental material."  Educational material developed to

accompany a college textbook, which may include printed

materials, computer disks, Internet website access and

electronically distributed materials.

Section 3.  Publisher requirements.

(a)  Pricing information disclosure.--When a publisher

provides a faculty member or entity in charge of selecting

course materials at an institution of higher education with

information regarding a college textbook or supplemental

material, the publisher shall include, in writing or

electronically, the following:

(1)  The price at which the publisher would make the

college textbook or supplemental material available to the

campus bookstore of the institution of higher education.

(2)  The copyright dates of the three previous editions

of the college textbook or supplemental material in the

preceding ten years, if any.

(3)  The substantial content revisions made between the

current edition of the college textbook or supplemental

material and the previous edition, if any.

(4)  Whether the college textbook or supplemental

material is available in any other format, including

paperback and unbound, and the price at which the publisher

would make the college textbook or supplemental material in

the other format available to the campus bookstore of such

institution of higher education.

(b)  Pricing information accountability.--When a publisher

provides a faculty member or entity in charge of selecting

course materials at an institution of higher education with the

price at which the publisher would make the college textbook or

supplemental material available to the campus bookstore of the

institution of higher education as required under this section

or under 20 U.S.C. § 1015 (relating to improvements in market

information and public accountability in higher education), the

publisher shall:

(1)  Make, for at least six months, the college textbook

supplemental material available to the campus bookstore at

the institution of higher education at or below such price

provided to a faculty member or other entity in charge of

selecting course materials.

(2)  Notify, in writing or electronically, the faculty

member or entity in charge of selecting course materials and

campus bookstore at least 45 days in advance of any increase

in the price and the amount of increase.

(c)  Unbundling of college textbooks from supplemental

materials.--

(1)  A publisher that sells a college textbook and any

supplemental material accompanying the college textbook as a

bundle or as an integrated textbook shall also make available

the college textbook and each supplemental material as

separate and unbundled items, each separately priced.

(2)  A publisher is not required to make available

supplemental items developed by a third party and that, by

third-party contractual agreement, may not be offered by the

publisher separately from the college textbook.

(d)  Custom textbooks.--When a faculty member or entity in

charge of selecting course materials at an institution of higher

education directs a publisher to compile a custom textbook, the

publisher shall provide, in writing or electronically, prior to

accepting an order for the custom textbook, the price at which

the publishers would make the custom textbook available to the

campus bookstore.

(e)  Prohibited activity.--No institution of higher education

shall have business dealings related to the sale of college

textbooks with any publisher that is in violation of this

section.

Section 4.  Faculty responsibilities.

(a)  General duties.--A faculty member or entity in charge of

selecting college textbooks, supplemental learning materials or

bundled textbook packages for an institution of higher education

shall:

(1)  Consider the least costly practices in assigning

college textbooks, consistent with educationally sound

practices as determined by the appropriate faculty or entity.

(2)  Consider the use of college textbooks, supplemental

learning materials and bundled textbook packages for a longer

period of time, to the extent they are not outdated.

(3)  Work with bookstores to review timeliness and the

processes involved in ordering and stocking selected course

materials, disclose college textbook costs to students and

actively promote and publicize book buyback programs.

(4)  Provide a written statement to the president or

chancellor of the institution detailing college textbooks or

supplemental learning materials, whether bundled or

unbundled, that are recommended for the course.

(5)  Provide a written statement to the president or

chancellor of the institution indicating the earliest edition

of any required college textbook or supplemental learning

materials that may be effective for use by a student for a

particular course.

(b)  Prohibited conduct by faculty.--

(1)  Faculty shall not demand or receive any payment,

loan, subscription, advance, deposit of money, services or

any thing, present or promised, as an inducement for

requiring students to purchase a specific college textbook

required for coursework or instruction.

(2)  Notwithstanding the provisions of paragraph (1),

faculty may receive:

(i)  Sample copies, instructor's copies or

instructional material, not to be sold.

(ii)  Royalties or other compensation from the sale

of college textbooks that include the writing or work of

the particular faculty member.

(c)  Construction.--Nothing in this section shall be

construed:

(1)  To prohibit the faculty member from requiring the

most recent edition of a college textbook.

(2)  To supersede the institutional autonomy or academic

freedom of instructors or faculty involved in the selection

of college textbooks, supplemental materials and other

classroom materials.

Section 5.  Responsibilities of institutions of higher

education.

(a)  General rule.--Except as otherwise provided in this

section, at student registration, each institution shall make

available a listing of all college textbooks and supplemental

learning materials, including the ISBN, required and recommended

for courses to be offered during the upcoming term, provided

that:

(1)  If the ISBN is not available, the institution shall

include the author, title, publisher and copyright date for

the college textbook or supplemental material.

(2)  If the institution determines that the disclosure of

the information relating to a college textbook or

supplemental material is not practicable, then the

institution shall so indicate by placing the designation "To

Be Determined" in lieu of the information required in

paragraph (1).

(b)  Publication.--The institution shall provide the

information required under subsection (a) to existing and

accepted incoming students by posting the information on the

institution's Internet website used for course scheduling,

preregistration and registration. The institution shall inform

students in writing of the availability of the information.

(c)  Information to college bookstore.--An institution of

higher education shall make available to a college bookstore

that is operated by, or in a contractual relationship or

otherwise affiliated with, the institution, as soon as

practicable after the request of the bookstore, the most

accurate information available relating to:

(1)  The institution's course schedule for the subsequent

academic period.

(2)  For each course or class offered by the institution

for the subsequent academic period:

(i)  The information required by subsection (a) for

each college textbook or supplemental material required

or recommended for the course or class.

(ii)  The number of students enrolled in such course

or class.

(iii)  The maximum student enrollment for such course

or class.

(d)  Dissemination of other information to students.--An

institution of higher education is encouraged to disseminate to

students information relating to:

(1)  Available institutional programs for renting college

textbooks or for purchasing used college textbooks.

(2)  Available institutional guaranteed college textbook

buyback programs.

(3)  Available institutional alternative content delivery

programs.

(4)  Other available cost-saving strategies for acquiring

institutional college textbooks and supplemental materials.

Section 6.  College textbook rental pilot program.

(a)  General rule.--An institution of higher education may

establish a college textbook rental pilot program for the

students of any campus. A college textbook rental program may

also be established by:

(1)  the student government association of the campus

voting to request a college textbook rental pilot program;

and

(2)  any existing contracts or other established

arrangements with entities operating bookstores that allow or

accommodate the operation of a college textbook rental pilot

program.

(b)  Task force.--The administrators of a campus with a

college textbook rental pilot program may convene a task force

to determine recommended policies and procedures to establish

and operate a college textbook rental pilot program. The task

force must include students, faculty, administrators and

bookstore managers.

(c)  Pilot program requirements.--A college textbook rental

pilot program at a campus shall comply with the following:

(1)  The pilot program shall be self-sustaining through

revenue generated from student tuition and fees, excluding

the initial start-up costs to be paid from supplemental

funding from other sources.

(2)  The average annual college textbook rental cost for

full-time students may not exceed 33% of the average annual

retail purchase cost of college textbooks for full-time

students.

(3)  The pilot program may not limit the rights of

faculty to select appropriate college textbooks in accordance

with established policies and procedures.

(4)  Students shall not be required to participate in the

pilot program.

(5)  The pilot program may be disbanded with the approval

of the student government association of the campus.

(6)  (i)  The administrators of the campus shall report

to the board of trustees of the institution of higher

education for a period of three years any information

required to effectively evaluate the pilot program,

including, but not limited to, representations to

students, system efficiency and faculty satisfaction.

(ii)  After three years, the board of trustees shall

report the findings of the pilot program evaluation to

the Education Committee of the Senate and the Education

Committee of the House of Representatives.

(d)  Powers of campuses with college textbook rental pilot

programs.--The administrators of a campus with a college

textbook rental pilot program may:

(1)  Charge a nominal campus-based or course-based

college textbook rental fee to each student as a part of

tuition or mandatory fees to cover the costs of administering

the pilot program and maintaining an appropriate stock of

college textbooks. The fee may not exceed $20 and must be

clearly posted on a student's invoice or bill.

(2)  Establish policies for the pilot program, including,

but not limited to, implementing practices to achieve the

best possible purchase price for college textbooks and for

the provision of rental services.

(3)  Institute other procedures necessary to establish

and operate the pilot program in accordance with the

provisions of this act.

(4)  Charge students a fine for any late, lost or damaged

books, as determined by the pilot program, provided that

students may not be charged a fine for normal college

textbook wear and tear.

Section 7.  Electronic versions of college textbooks.

(a)  General rule.--No later than January 1, 2020, an

individual, firm, partnership or corporation that publishes

college textbooks offered for sale at institutions of higher

education shall make the college textbooks available, in whole

or in part, for sale in an electronic format. The price at which

the electronic version of the college textbook is made available

shall not be greater than the price charged for the printed

version. The electronic version of any college textbook shall

contain the same content as the printed version and may be copy

protected.

(b)  Construction.--Nothing in this section shall be

construed to authorize any use of instructional materials that

would constitute an infringement of copyright under Federal law.

(c)    Definition.--For purposes of this section, "college

textbook" means a book, not including a novel, that contains

printed material and is intended for use as a source of study

material for a class or group of students, a copy of which is

expected to be available for the use of each of the students in

that class or group.

Section 8.  College textbook adoption policies.

(a)  General rule.--An institution of higher education may

implement policies, procedures and guidelines that promote

efforts to minimize the cost of college textbooks for students

at the institution while maintaining the quality of education

and academic freedom. The policies, procedures and guidelines

shall ensure that:

(1)  The adoption of a college textbook by a faculty

member is made with sufficient lead time so as to confirm

availability of the requested materials and, where possible,

ensure maximum availability of used college textbooks.

(2)  (i)  During the college textbook adoption process,

the intent to use all items ordered, particularly each

individual item sold as part of a bundled package, is

affirmatively confirmed before the adoption is finalized

by the faculty member.

(ii)  If the faculty member does not intend to use

each item in a bundled package, the faculty member shall

notify the bookstore, and the bookstore shall order the

individualized items if:

(A)  Procurement of the individualized items is

cost effective for both the institution and the

students.

(B)  The individualized items are made available

by the publisher.

(3)  Faculty members affirmatively acknowledge the quoted

retail price to the bookstore of any college textbook

selected for use in each course.

(4)  Faculty members are encouraged to limit their use of

new edition college textbooks when previous editions do not

significantly differ in a substantive way, as determined by

the appropriate faculty member.

(5)  Required or assigned college textbooks are made

available to students who are otherwise unable to afford the

cost.

Section 9.  College Textbook Policies Advisory Committee.

(a)  Establishment.--A standing committee of the State Board

of Education to be known as the College Textbook Policies

Advisory Committee is established. The Department of Education

shall provide staff support for the advisory committee.

(b)  Membership.--The advisory committee shall be comprised

of:

(1)  The Deputy Secretary for Higher Education of the

Department of Education or a designee.

(2)  The chairman of the State Board of Education Higher

Education Council or a designee.

(3)  One faculty member representing the State System of

Higher Education as recommended by the Chancellor of the

State System of Higher Education.

(4)  One faculty member representing each of the State-

related institutions as recommended by the chancellors of the

State-related institutions.

(5)  One faculty member representing community colleges

as recommended by the Commission for Community Colleges.

(6)  One faculty member representing private and

independent colleges and universities as recommended by the

Association of Independent Colleges and Universities of

Pennsylvania.

(7)  The chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority

chairman of the House of Representatives or their designees.

(8)  Six members appointed by the chairman of the State

Board of Education as follows:

(i)  One member representing college bookstores.

(ii)  One member representing textbook publishers.

(iii)  Four student members representing college

students, of whom one must attend a State System of

Higher Education institution, one must attend a

State-related institution, one must attend a community

college and one must attend an independent or private

college or university within this Commonwealth. The

student members shall be appointed, respectively, by the

chairman from a list of students recommended by the

Chancellor of the State System of Higher Education, the

chancellors of the State-related institutions, the

Commission for Community Colleges or the Association of

Independent Colleges and Universities of Pennsylvania.

(c)    Recommendations.--The advisory committee shall examine

national and international efforts relating to college textbook

affordability and accessibility and make recommendations that:

(1)  Ensure that students have access to affordable

course materials by decreasing costs to students and

enhancing transparency and disclosure with respect to the

selection, purchase, sale and use of course materials.

(2)  Identify ways to decrease the cost of college

textbooks and supplemental materials for students while

supporting the academic freedom of faculty members to select

high quality course materials for students.

(3)  Encourage college textbook publishers and

distributors to work with faculty to promote understanding of

the cost to students of purchasing faculty-selected college

textbooks, including the disclosure of prices and bundling

practices.

(4)  Encourage innovation in the development and use of

course materials, including open-source college textbooks and

other open-source educational resources, that can help

students receive the full value of their educational

investment without excessive cost.

(5)  Ensure that faculty members are informed of accurate

and relevant pricing information for course materials and

that students are protected as a consumer group.

(6)  Make recommendations to the General Assembly and the

State Board of Education to strengthen existing Federal and

State regulations and to propose any additional and necessary

State laws and regulations.

(d)  First meeting.--  The advisory committee shall hold its

first meeting within 60 days of the effective date of this

section. The advisory committee shall meet at least once

quarterly. Members of the advisory committee shall serve without

compensation. The deputy secretary for Higher Education of the

Department of Education shall serve as committee chair.

(e)    Report.--No later than 18 months after the effective

date of this section, the advisory committee shall make a report

to the State Board of Education that outlines its findings and

recommendations. The report shall also be delivered to the

Governor's Office, members of the Education Committee of the

Senate and members of the Education Committee of the House of

Representatives. The report shall be updated every three years

and may also be posted on the Department of Education's Internet

website.

Section 10.  Effective date.

This act shall take effect July 1, 2010.