Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-14.092: Textbook Affordability
PURPOSE AND EFFECT: The purpose of the rule is to implement Section 1004.085, Florida Statutes, relating to textbook affordability and to delineate the Department and institutions’ responsibilities as required by the legislation.
SUMMARY: This rule will delineate implementation requirements for institutions within the Florida College System as required by section 1004.085, Florida Statutes, which addresses the concern of textbook affordability in postsecondary education. The rule will also require the Department and institutions within the Florida College System to form a textbook affordability workgroup that will submit a report to the State Board of Education by December 1, 2009 with recommendations for providing textbooks to students otherwise unable to afford them.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1004.085(3), (4) FS.
LAW IMPLEMENTED: 1004.085 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 21, 2009, 8:30 a.m.
PLACE: Kenwood School, 9300 SW 79th Avenue, Miami, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Alexander, Division of Community Colleges, (850)245-9523, or email Julie.alexander@fldoe.org.

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-14.092 Textbook Affordability.

Pursuant to Section 1004.085, Florida Statutes, institutions within the Florida College System shall:

(1) Adopt textbooks no later than forty-five (45) days prior to the first day of classes to allow sufficient lead time to bookstores to work with publishers so as to confirm availability of the requested materials and to ensure maximum availability of used books. Where courses are added after this forty-five (45) day deadline, textbooks for such courses shall be adopted as soon as is feasible to ensure sufficient lead time.

(2) Pursuant to Section 1004.085(3), Florida Statutes, for those classes added after the thirty (30) day notification deadline, institutions shall post textbook information on their websites immediately as such information becomes available.

(3) Collect and maintain, before textbook adoption is finalized, written or electronically transmitted certifications from course instructors attesting:

(a) that all textbooks and other instructional items ordered will be used, particularly each individual item sold as part of a bundled package, and

(b) the extent to which a new edition differs significantly and substantively from earlier versions, and the value of changing to a new edition.

(4) Provide assistance as requested by the statewide textbook affordability workgroup established by the Department of Education to recommend policies and strategies that address the availability of required textbooks to students otherwise unable to afford the cost. The workgroup shall consist of nine representatives from institutions within the Florida College System chosen based on variable student enrollment (small and large student populations), geographic location (north, central and south) and economic status of student body (high population receiving need-based financial aid). A report shall be submitted by the workgroup to the State Board of Education by December 1, 2009, that identifies the policies.

Specific Authority 1004.085(3), (4) FS. Law Implemented 1004.085 FS. History–New ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Willis Holcombe, Chancellor, Division of Community Colleges
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008