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Compliance

HEOA Textbook Access and Disclosure Rules

I. PURPOSE

The federal higher education textbook access and disclosure rules (Textbook Rules), which are part of the Higher Education Opportunity Act (HEOA), are intended (1) to ensure that students are able to access affordable course materials; and (2) to encourage faculty, students, bookstores, and others to work together to minimize costs while providing high quality course materials to students.

II. HISTORY

In 1965, President Lyndon B. Johnson signed the Higher Education Act (HEA) into law. Because HEA programs automatically expire after a set period, Congress periodically has reauthorized the HEA. On August 14, 2008, the Higher Education Opportunity Act (HEOA) became effective and reauthorized the HEA. One part of the HEOA introduced the Textbook Rules.

III. APPLICABILITY TO BYU–HAWAII

The HEA, as amended by the HEOA, applies to institutions of higher education that receive federal financial assistance. Because BYU–Hawaii is an institution of higher education that receives federal financial assistance, BYU–Hawaii must comply with the Textbook Rules.

IV. REQUIREMENTS

Under the HEOA, institutions of higher education that receive federal financial assistance are required to provide textbook information in course schedules and to any associated college bookstore, and institutions are encouraged to disseminate additional textbook information to students. The HEOA also requires publishers communicating with institutions to provide certain information about textbooks. The HEOA expressly states that it does not “supercede the institutional autonomy or academic freedom of instructors involved in the selection of college textbooks, supplemental materials, and other classroom materials."

A. Required Information in Course Schedules

An institution that receives federal financial assistance must disclose on its internet course schedule, “to the maximum extent practicable,” but “in a manner of the institution’s choosing,” both the International Standard Book Number (ISBN) and the retail price, for all required and recommended textbooks and supplemental materials for each course that is listed in the schedule used for preregistration and registration purposes. If the institution determines that the disclosure of such information is “not practicable” for a particular textbook or supplemental material, the institution must use the statement “To Be Determined” as a placeholder for the required information. Additionally, if relevant, the institution must include on its written course schedule a notice that the textbook information is available in the online course schedule and include the online schedule’s URL.

B. Required Information for College Bookstores

An institution that receives federal financial assistance also must make available to its college bookstore, “as soon as is practicable” upon the bookstore’s request, certain information regarding courses, materials, and enrollment for the upcoming academic period. Specifically, an institution must make available to its college bookstore(s) the most accurate information available regarding (a) the institution’s course schedule for the upcoming academic period; and (b) the following specific information for each course or class offered during the upcoming academic period:

1. the ISBN and retail price of required and recommended textbooks and supplemental materials;
2. the number of students enrolled in the course or class; and
3. the maximum number of students that may be enrolled in the course or class.18

C. Additional Recommended Information for Students

In addition to the information that must be listed in the course schedule and provided to the bookstore, under the HEOA, institutions are “encouraged” to provide the following information to students:

1. Available institutional programs for textbook renting or purchasing of used textbooks,
2. Available institutional guaranteed textbook buy‐back programs,
3. Available institutional alternative content delivery programs, or
4. Other institutional cost‐saving strategies.

D. Requirements for Publishers

A textbook publisher that provides information regarding the publisher’s textbooks or supplemental materials to an institution also must provide the following information in writing to the institution:

1. The price that the textbook or supplemental material would be sold to the institution;

2. The price that the textbook or supplemental material is sold to the public;

3. The copyright dates of the previous three editions of the textbook;

4. A description of substantial content revisions from previous editions;

5. Whether the textbook or supplemental material is available in any other format; and

6. The prices that other formats of the textbook or supplemental materials are sold (or would be sold), both to the institution and to the public.

Also, a publisher that sells a textbook and accompanying material as a single bundle must make available the textbook and the accompanying material as separately priced, unbundled items.

V. PENALTIES

The HEOA does not include any specific penalties for failure to comply with the Textbook Rules. The HEOA also expressly prohibits the Department of Education from imposing any regulations regarding the Textbook Rules. In passing the HEOA, Congress specifically indicated that such regulatory prohibition applies “in the context of implementation, enforcement and oversight” of the Textbook Rules, while still allowing the Department of Education to issue “guidance” concerning the Textbook Rules. The Department of Education has acknowledged the regulatory prohibition, while still indicating that the Department “will monitor institutions and review student complaints relating to these provisions.” Still, some have suggested that failure to comply with any of the HEOA’s disclosure requirements could result in “a limitation or termination of an institution’s participation in the Title IV financial aid programs.”