NACS Legislative Update

Presented by Mike Goodwin on behalf of NACS Gov’t Relations

DirectorOctober 28, 2009

Legislative Themes for 2009

• 44 state textbook bills were introduced this year

• 5 state textbook bills were passed into law

• The themes were affordability and transparency

• Revisiting existing state laws• Higher Education Opportunity Act

Implementation

Minnesota Legislation• state law does not cover private colleges and

universities • Relating to faculty and institution transparency • Publisher requirements are similar• MN office of Higher Ed does have responsibility, albeit

limited, for sharing information with private colleges about cost saving strategies

• Federal HEA, sect. 133 does apply to private colleges and universities

• If they accept federal aid

MN legislation amended this year

• Complicated in that provisions are strung across the Omnibus Higher Ed. Law.

• Renewed annually along with funding.• Textbook Rental Pilots part of 2007 law

– Several went through libraries.

– More on one specific model shortly

– Analysis is often skewed or incomplete.

Rich Hershman request:• Interested in hearing about experiences

under the state law• What, if any, changes you’d like to see with that.

• Much of the state law duplicates federal provisions.

• Though differences do exist.• Since it is addressed nearly every year, changes are

possible; especially to further align with fed law to simplify compliance.

• Hershman has connections with MNSCU lobbyist, Mary Davenport: a channel for such change.

MN legislation: main elements

• Publisher elements:https://www.revisor.leg.state.mn.us/statutes/?id=135A.25

• Institution & Bookstore elements:https://www.revisor.leg.state.mn.us/statutes/?id=136F.58

• Additional Textbook issues (some K-12):• Disclosure, pricing, faculty ethics, tax exemption, etc.

https://www.revisor.leg.state.mn.us/statutes/?topic=656727

NACS’ Hershman strongly recommends:

• That stores engage in these discussions with MN Office of Higher Ed.

• You really need a seat at the table.

• Section 4: American made clothing• NACS helped some to soften language by providing data

on sourcing and cost.• “To the extent possible” verbiage• Colleges must report to legislature on efforts to comply

Implementation of Text Info requirements:

• The MN Office of Higher Ed must report to committees of the legislature by 1/15/2010:

• Office must work with reps from Pubs; student Advisory Councils; MNSCU schools, U. of MN, and Private College Council.

• Report to include publisher template for providing required info to campuses;

– And have recommendations for methods of sharing pricing info to students and faculty making informed decisions.

What to do when Legislation or Policy is being Discussed?

• Stay connected with administrators and student leaders; express your interests and concerns

• Share information state-wide and with NACS• Ask for information and share your knowledge• Work to find solutions that would help your

stakeholders and communicate the store’s value to the college community

• Always champion the students’ cause: costs; early and accurate adoption info

Federal Legislation: HEA• The Higher Education Act

First enacted in 1965, authorized most student financial aid programs and includes numerous regulations applied to colleges and universities.

Is reauthorized about every few years.• Higher Education Opportunity Act (HEOA) of

2008 –signed into law on August 14, 2008

Federal Legislation: HEOA Textbook Provisions

• The purpose of the provisions is to ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure. To encourage all stakeholders to work together to identify ways to decrease the cost of college textbooks while supporting the academic freedom of faculty

• New Textbook information reporting must be in place by July 2010.

Federal Legislation: HEOA Textbook Provisions –Publishers

• Requires Publishers to Provide to the faculty and staff:

• The Net Price to the campus bookstore and if available the price the publisher would charge the public.

• The copyright dates of the three previous editions.• A description of the substantial content revisions of a

new edition.• What alternative formats are available and the net price

to the campus bookstore and if available the price the publisher would charge the public.

Federal Legislation: HEOA Textbook Provisions –Publishers

• Requires publishers to offer unbundled textbooks and supplemental materials each separately priced, unless it is part of an integrated textbook.

• Integrated Textbook:– Bound by third party contract, or– combined with other materials that are so interrelated with

the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose.

Federal Legislation: HEOA Textbook Provisions -Institutions

• Requires Institutions to the “maximum extent practicable”:• Make accurate required and recommended textbook information in

a manner of its choosing including ISBN and retail price available on its internet course schedule or provide a link in the internet course schedule to another appropriate website.

• When ISBN is not available, the institution is to provide author, title, publisher, and copyright date.

• If information is deemed by the institution as not practicable to provide, then indicate “to be determined” in lieu of the information.

• If applicable, include in a written course schedule a link to the location of the book information.

Federal Legislation: HEOA Textbook Provisions -Institutions

• Requires institutions to make available to a college bookstore that is operated by, or in a contractual relationship or otherwise affiliated with, the institution, as soon as is practicable upon request the most accurate information available regarding the institution’s course schedule, class enrollment, and adoption information.

Federal Legislation: HEOA Textbook Provisions –Other

• Encourages institutions to disseminate information to students on campus based initiatives to reduce costs such as used books, guaranteed buy-back, rental programs, e-books, print-on-demand, etc;

• Requires a new GAO study in 2013 to review the implementation by institutions, bookstores, and publishers, as well as the cost, and benefits to institutions and students of the textbook provisions;

• Authorizes start-up grants for bookstore rental programs.• Establish an advisory commission and competitive grant

program to make course materials more accessible for students with disabilities.

HEA Discussion: What are you doing right now?

Federal Legislation: HEA • What now?• Stay in the loop with your administration –

begin or continue conversation about what these provisions actually require –there are significant misperceptions.

• Ask questions• Share information

NACS Gov’t Relations Contacts

Richard HershmanDirector of Government RelationsNational Association of College

Stores1100 17th Street, NWSuite 500Washington, D.C. 20036www.nacs.orgE-Mail: rhershman@nacs.orgPhone: (202) 778-4598Fax: (202) 223-6728

Abigail ZennerLegislative AssistantNational Association of College

Stores1100 17th Street, NWSuite 500Washington, D.C. 20036www.nacs.orgE-Mail: azenner@nacs.orgPhone: (202) 778-4599Fax: (202) 223-6728

Thank you very much!

Mike Goodwin

On behalf of Rich HershmanNACS Gov’t Relations Director