MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Universities and Colleges
By: Senator(s) Wilemon
AN ACT TO ENACT THE "MISSISSIPPI POSTSECONDARY TEXTBOOK PRICING AND ACCESS ACT OF 2010"; TO DIRECT UNIVERSITY INSTRUCTORS TO PROVIDE ADEQUATE NOTICE OF ORDERS TO APPROPRIATE BOOKSTORES IN ORDER THAT THE INSTRUCTOR SHALL BE INFORMED AS TO PRICE, FORMAT AVAILABILITY, AND ANY PLANS FOR REVISION OF THE TEXTBOOK; TO REQUIRE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO DEVELOP MATERIALS NECESSARY TO INFORM FACULTY AND STUDENTS AS TO METHODS TO OBTAIN THE LOWEST TEXTBOOK COST; TO AUTHORIZE THE ESTABLISHMENT OF A PILOT TEXTBOOK RENTAL PROGRAM FOR UNIVERSITY STUDENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Textbook Pricing and Access. (1) Short title. This section may be cited as the "Mississippi Postsecondary Textbook Pricing and Access Act of 2010."
(2) Purpose and intent. The increasing cost of postsecondary education and the sharp increase in the price of textbooks, along with new and costly packaging techniques, puts a greater financial burden on the students and threatens their opportunity for higher education. The purpose of this section is to ensure that every student in higher education is offered better and more timely access to affordable textbooks. It is the policy of the State of Mississippi that any university that receives money from the state must work to find ways to decrease the cost of textbooks for students. Therefore, the Legislature finds and declares all of the following:
(a) It is in the best interests of the State of Mississippi that high-quality course materials be available and affordable to students attending universities.
(b) It is critical that each student has access to all required textbooks prior to the start of their classes.
(c) To deliver high-quality materials that are affordable to students, all of the following should occur:
(i) Faculty should consider the least costly practices in assigning textbooks, consistent with educationally sound practices;
(ii) Bookstores should work with faculty to review timeliness and processes for ordering and stocking textbooks, disclose textbook costs, and actively promote and publicize book buyback programs; and
(iii) Universities should do everything possible to promote a vibrant used book market, including, but not limited to, exchange programs, buyback programs and textbook rental programs.
(3) Definitions. For the purposes of this section, the following words shall have the meanings ascribed herein:
(a) "Bundled" means a textbook and any other learning material packaged together to be sold for one (1) price, including, but not limited to, workbooks, dictionaries, CD-ROMS and books.
(b) "Bookstore" means a store that is in the business of selling textbooks, supplemental learning materials, bundled textbook packages or school-related supplies on the campus of or in the near vicinity of a university in Mississippi.
(c) "Publisher" means publishing house, firm, or company that publishes printed material.
(d) "Required textbook" means any textbook, bundled or unbundled, that is required for a course.
(e) "Supplemental learning material" means learning materials used in teaching a course that supplement the primary textbook in the form of another book, workbook or a CD-ROM.
(4) Faculty specificity for textbooks. Any faculty member or entity in charge of selecting textbooks, supplemental learning materials and bundled textbook packages:
(a) Must consider the least costly practices in assigning textbooks, consistent with educationally sound practices as determined by the appropriate faculty or entity;
(b) Must consider the use of textbooks, supplemental learning materials, and bundled textbook packages for a longer period of time, to the extent they are not outdated;
(c) Work with bookstores to review timeliness and the processes involved in ordering and stocking selected course materials, disclose textbook costs to students, and actively promote and publicize book buyback programs;
(d) Must provide a written statement to the president or chancellor of the university detailing the textbooks or supplemental learning materials, whether bundled or unbundled, that are required for each course and any textbooks or supplementary learning materials, bundled or unbundled, that are recommended for the course; and
(e) Must provide a written statement to the president or chancellor of the university indicating the earliest edition of any required textbook that may be effective for use by a student for a particular course.
Nothing in this section shall prohibit the faculty member from requiring the most recent edition of a textbook.
The Board of Trustees of State Institutions of Higher Learning shall develop materials necessary to inform faculty and students as to the methods to obtain the lowest textbook cost.
(5) Bundling restrictions. (a) A publisher may bundle together a required textbook and any other required textbook or required supplemental learning material.
(b) Any bookstore or faculty member that places an order with a publisher for a required textbook or required supplemental learning material bundled with a textbook or supplemental learning material that is not required must also order the textbook in an unbundled form in at least the same quantity as in the bundled form. The requirement for ordering equal quantities does not apply after an initial shipment of bundled and unbundled textbooks if both the faculty member and the bookstore determine that there is a disproportionate need for either bundled or unbundled textbooks.
(6) Notice to purchase. At student registration, all bookstores and universities shall make available a listing of all textbooks and supplemental learning materials required and recommended for courses taught during the upcoming term. The list must include the International Standard Book Number (ISBN) for each textbook. The listing must be available on the Internet with the link communicated to students, or posted in a nonrestricted area of the bookstore if a Web site is unavailable.
(7) Textbook affordability. Bookstores under this section must adopt policies to price required textbooks and supplemental learning materials so these are affordable to students. All universities that distribute financial aid to students must establish policies and procedures to provide credit or financial aid for the purchase of required textbooks and supplies at any bookstore under this section.
SECTION 2. Textbook Rental Pilot Programs. (1) The Board of Trustees of State Institutions of Higher Learning is authorized to establish a textbook rental program for the students of a single campus under their jurisdiction that meets the following conditions:
(a) The student government association of the campus votes to request a textbook rental program; and
(b) Any existing contracts or other established arrangements with entities operating bookstores allow or can be made to accommodate a textbook rental program.
(2) A campus with a pilot project may convene a task force to determine recommended policies and procedures to establish and operate a textbook rental program. The task force must include, but is not limited to, students, faculty, administrators and bookstore managers.
(3) A pilot textbook rental program must comply with the following requirements:
(a) The program must 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;
(b) The average annual textbook rental cost for full-time students must not exceed thirty-three percent (33%) of the average annual retail purchase cost of textbooks for full-time students;
(c) The program must not limit the rights of faculty to select appropriate textbooks in accordance with established policies and procedures;
(d) Students must have the option to purchase textbooks they rent under the program;
(e) The program may be disbanded with the approval of the student government association of the campus; and
(f) The campus must report to the Board of Trustees of State Institutions of Higher Learning for a minimum of four (4) years any information required to effectively evaluate the pilot textbook rental program, including savings to students, system efficiency and faculty satisfaction. After four (4) years, the board of trustees shall report the findings of the pilot textbook rental study to the chairs of committees of the Legislature responsible for higher education.
(4) A participating campus with a textbook rental program may do the following:
(a) Charge a campus-based or course-based textbook rental fee to each student as a part of tuition or mandatory fees to cover the costs of administering the program and maintaining an appropriate stock of textbooks;
(b) Establish policies for the program, including, but not limited to, implementing practices to achieve the best possible purchase price for textbooks and for the provision of rental services;
(c) Charge students a fine for any late, lost or damaged book, as determined by the textbook rental service; and
(d) Establish other procedures required to establish and operate a textbook rental program in accordance with the provisions of this act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.