Florida Senate - 2022                   (PROPOSED BILL) SPB 7044
       
       
        
       FOR CONSIDERATION By the Committee on Education
       
       
       
       
       
       581-02479A-22                                         20227044pb
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1004.085, F.S.; providing requirements for lists of
    4         required and recommended textbooks and instructional
    5         materials for Florida College System institution and
    6         state university courses; amending s. 1007.24, F.S.;
    7         revising the maintenance requirements of and
    8         information that must be included in the statewide
    9         course numbering system; requiring certain
   10         postsecondary educational institutions’ registration
   11         processes to include specified information; requiring
   12         certain postsecondary educational institutions to
   13         accept and apply general education courses and credit
   14         in a specified manner; requiring the State Board of
   15         Education to adopt rules; providing requirements for
   16         the rules; creating s. 1008.47, F.S.; defining the
   17         term “postsecondary education institution”;
   18         prohibiting public postsecondary education
   19         institutions from being accredited by the same agency
   20         or association for consecutive accreditation cycles;
   21         requiring public postsecondary education institutions
   22         to collaborate to identify additional accrediting
   23         agencies or associations that are recognized by the
   24         database created and maintained by the United States
   25         Department of Education, other than their current
   26         accrediting agencies or associations, from which they
   27         may seek and obtain accreditation; creating a cause of
   28         action for postsecondary education institutions;
   29         authorizing the award of specified damages, court
   30         costs, and attorney fees; providing for the future
   31         expiration of specified provisions; amending ss.
   32         1009.23 and 1009.24, F.S.; requiring Florida College
   33         System institutions and state universities,
   34         respectively, to post specified information relating
   35         to tuition and fee rates and proposed changes to such
   36         rates on their websites; revising the information that
   37         must be included in a required notice to students;
   38         requiring a specific press release to be e-mailed to
   39         enrolled students; providing requirements for a
   40         Florida College System institution or a state
   41         university, respectively, to raise, impose, or
   42         authorize certain fees; providing a directive to the
   43         Division of Law Revision; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 1004.085, Florida Statutes, is amended
   48  to read:
   49         1004.085 Textbook and instructional materials affordability
   50  and transparency.—
   51         (1) As used in this section, the term “instructional
   52  materials” means educational materials for use within a course
   53  which may be available in printed or digital format.
   54         (2) An employee of a Florida College System institution or
   55  state university may not demand or receive any payment, loan,
   56  subscription, advance, deposit of money, service, or anything of
   57  value, present or promised, in exchange for requiring students
   58  to purchase a specific textbook or instructional material for
   59  coursework or instruction.
   60         (3) An employee may receive:
   61         (a) Sample copies, instructor copies, or instructional
   62  materials. These materials may not be sold for any type of
   63  compensation if they are specifically marked as free samples not
   64  for resale.
   65         (b) Royalties or other compensation from sales of textbooks
   66  or instructional materials that include the instructor’s own
   67  writing or work.
   68         (c) Honoraria for academic peer review of course materials.
   69         (d) Fees associated with activities such as reviewing,
   70  critiquing, or preparing support materials for textbooks or
   71  instructional materials pursuant to guidelines adopted by the
   72  State Board of Education or the Board of Governors.
   73         (e) Training in the use of course materials and learning
   74  technologies.
   75         (4) Each Florida College System institution and state
   76  university board of trustees is authorized to adopt policies in
   77  consultation with providers, including bookstores, which allow
   78  for the use of innovative pricing techniques and payment options
   79  for textbooks and instructional materials. Such policies may
   80  include bulk pricing arrangements that enable students to
   81  purchase course materials or texts that are delivered digitally;
   82  delivered through other technologies that are, or the licenses
   83  of which are, required for use within a course; or delivered in
   84  a print format. Innovative pricing techniques and payment
   85  options must include an opt-in or opt-out provision for students
   86  and may be approved only if there is documented evidence that
   87  the options reduce the cost of textbooks and instructional
   88  materials for students taking a course.
   89         (5)(a) Each Florida College System institution and state
   90  university shall post prominently in the course registration
   91  system and on its website, as early as is feasible, but at least
   92  45 days before the first day of class for each term, a hyperlink
   93  to lists of required and recommended textbooks and instructional
   94  materials for at least 95 percent of all courses and course
   95  sections offered at the institution during the upcoming term.
   96  The lists must include the International Standard Book Number
   97  (ISBN) for each required and recommended textbook and
   98  instructional material or other identifying information, which
   99  must include, at a minimum, all of the following: the title, all
  100  authors listed, publishers, edition number, copyright date,
  101  published date, and other relevant information necessary to
  102  identify the specific textbooks or instructional materials
  103  required and recommended for each course. The State Board of
  104  Education and the Board of Governors shall include in the
  105  policies, procedures, and guidelines adopted under subsection
  106  (6) certain limited exceptions to this notification requirement
  107  for classes added after the notification deadline.
  108         (b)The lists of required and recommended textbooks and
  109  instructional materials required in paragraph (a) must:
  110         1.Be posted as early as is feasible but at least 45 days
  111  before the first day of class for each term.
  112         2.Remain posted for at least 5 academic years.
  113         3.Be searchable by the course subject, the course number,
  114  the course title, the name of the instructor of the course, the
  115  title of each assigned textbook or instructional material, and
  116  each author of an assigned textbook or instructional material.
  117         4.Be easily downloadable by current and prospective
  118  students.
  119         (c)If a course subject to paragraphs (a) and (b) is a
  120  general education core course option identified pursuant to s.
  121  1007.25, course syllabi information containing sufficient detail
  122  to inform students of all of the following must be included:
  123         1.The course curriculum.
  124         2.The goals, objectives, and student expectations of the
  125  course.
  126         3.How student performance will be measured.
  127         (6) After receiving input from students, faculty,
  128  bookstores, and publishers, the State Board of Education and the
  129  Board of Governors each shall adopt textbook and instructional
  130  materials affordability policies, procedures, and guidelines for
  131  implementation by Florida College System institutions and state
  132  universities, respectively, that further efforts to minimize the
  133  cost of textbooks and instructional materials for students
  134  attending such institutions while maintaining the quality of
  135  education and academic freedom. The policies, procedures, and
  136  guidelines shall address:
  137         (a) The establishment of deadlines for an instructor or
  138  department to notify the bookstore of required and recommended
  139  textbooks and instructional materials so that the bookstore may
  140  verify availability, source lower cost options when practicable,
  141  explore alternatives with faculty when academically appropriate,
  142  and maximize the availability of used textbooks and
  143  instructional materials.
  144         (b) Confirmation by the course instructor or academic
  145  department offering the course, before the textbook or
  146  instructional materials adoption is finalized, of the intent to
  147  use all items ordered, particularly each individual item sold as
  148  part of a bundled package.
  149         (c) Determination by a course instructor or the academic
  150  department offering the course, before a textbook or
  151  instructional material is adopted, of the extent to which a new
  152  edition differs significantly and substantively from earlier
  153  versions and the value to the student of changing to a new
  154  edition or the extent to which an open-access textbook or
  155  instructional material is available.
  156         (d) The availability of required and recommended textbooks
  157  and instructional materials to students otherwise unable to
  158  afford the cost, including consideration of the extent to which
  159  an open-access textbook or instructional material may be used.
  160         (e) Participation by course instructors and academic
  161  departments in the development, adaptation, and review of open
  162  access textbooks and instructional materials and, in particular,
  163  open-access textbooks and instructional materials for high
  164  demand general education courses.
  165         (f) Consultation with school districts to identify
  166  practices that impact the cost of dual enrollment textbooks and
  167  instructional materials to school districts, including, but not
  168  limited to, the length of time that textbooks and instructional
  169  materials remain in use.
  170         (g) Selection of textbooks and instructional materials
  171  through cost-benefit analyses that enable students to obtain the
  172  highest-quality product at the lowest available price, by
  173  considering:
  174         1. Purchasing digital textbooks in bulk.
  175         2. Expanding the use of open-access textbooks and
  176  instructional materials.
  177         3. Providing rental options for textbooks and instructional
  178  materials.
  179         4. Increasing the availability and use of affordable
  180  digital textbooks and learning objects.
  181         5. Developing mechanisms to assist in buying, renting,
  182  selling, and sharing textbooks and instructional materials.
  183         6. The length of time that textbooks and instructional
  184  materials remain in use.
  185         7. An evaluation of cost savings for textbooks and
  186  instructional materials which a student may realize if
  187  individual students are able to exercise opt-in provisions for
  188  the purchase of the materials.
  189         (7) The board of trustees of each Florida College System
  190  institution and state university shall report, by September 30
  191  of each year, to the Chancellor of the Florida College System or
  192  the Chancellor of the State University System, as applicable,
  193  the textbook and instructional materials selection process for
  194  high-enrollment courses; specific initiatives of the institution
  195  designed to reduce the costs of textbooks and instructional
  196  materials; policies implemented in accordance with subsection
  197  (5); the number of courses and course sections that were not
  198  able to meet the textbook and instructional materials posting
  199  deadline for the previous academic year; and any additional
  200  information determined by the chancellors. By November 1 of each
  201  year, each chancellor shall provide a summary of the information
  202  provided by institutions to the State Board of Education and the
  203  Board of Governors, as applicable.
  204  Section 2. Present subsection (8) of section 1007.24, Florida
  205  Statutes, is redesignated as subsection (9) and amended, a new
  206  subsection (8) is added to that section, and subsections (4) and
  207  (5) of that section are amended, to read:
  208         1007.24 Statewide course numbering system.—
  209         (4) The statewide course numbering system must be shall
  210  maintained electronically and regularly updated by the
  211  department and include the courses at the recommended levels,
  212  course numbers, course titles, credits awarded, and other
  213  identifiable information by institution and academic year, as
  214  required by state board rule.
  215         (5) The registration process at each state university and
  216  Florida College System institution must shall include the
  217  courses at their designated levels, and statewide course
  218  numbers, course titles, credits awarded, and other identifiable
  219  information, as required by state board rule.
  220         (8)Participating postsecondary institutions receiving
  221  transfer course credit must accept and apply general education
  222  courses and credit in accordance with this section, s. 1007.25,
  223  and other provisions of law, including credit earned through
  224  dual enrollment, course equivalencies, and other acceleration
  225  mechanisms, as first satisfying general education core course
  226  credit requirements and other general education subject area
  227  course credit requirements before applying the course credit as
  228  elective credit.
  229         (9)(8)The State Board of Education shall adopt rules that
  230  provide for the collection of course information from
  231  participating institutions, identifiable information required
  232  for each course, and the conduct of regularly scheduled faculty
  233  committee reviews and recommendations. At a minimum, rules must
  234  address all of the following:
  235         (a)Required institutional reporting formats, timelines,
  236  and procedures for the timely and uniform collection and
  237  publication of course data information.
  238         (b)Regularly scheduled faculty committee reviews and
  239  recommendations to the commissioner for the alignment or
  240  realignment of courses, course numbers, course titles,
  241  designated levels, credits awarded, and other identifiable
  242  information for the purpose of facilitating credit transfer and
  243  acceptance for substantially similar courses at receiving
  244  institutions.
  245         (c)Regularly scheduled faculty committee reviews and
  246  recommendations to the commissioner for the classification or
  247  reclassification of courses as satisfying general education,
  248  general education core, prerequisite, substitution, equivalency,
  249  civic literacy, or other course types, pursuant to s. 1007.25,
  250  consistent with subject area, course content, programmatic, and
  251  other requirements outlined in rule.
  252         (d) Purges of courses that are listed in the statewide
  253  course numbering system but have not been taught at an
  254  institution for the preceding 5 years. These rules must include
  255  waiver provisions that allow course continuation if an
  256  institution has reasonable cause for having not offered a course
  257  within the 5-year limit and an expectation that the course will
  258  be offered again within the following 5 years.
  259         Section 3. Section 1008.47, Florida Statutes, is created to
  260  read:
  261         1008.47Postsecondary education institution accreditation.—
  262         (1)DEFINITION.—As used in this section, the term
  263  “postsecondary education institution” means a Florida College
  264  System institution, state university, or nonpublic postsecondary
  265  education institution that receives state funds.
  266         (2)ACCREDITATION.—A public postsecondary education
  267  institution may not be accredited by the same accrediting agency
  268  or association for consecutive accreditation cycles. In the year
  269  following reaffirmation or fifth-year review by their
  270  accrediting agencies or associations, public postsecondary
  271  education institutions shall collaborate to identify accrediting
  272  agencies or associations that are recognized by the database
  273  created and maintained by the United States Department of
  274  Education, other than their current accrediting agencies or
  275  associations, from which to seek accreditation and shall seek
  276  and obtain accreditation before their next reaffirmation date.
  277         (3)CAUSE OF ACTION.—A postsecondary education institution
  278  negatively impacted by retaliatory action taken against the
  279  postsecondary education institution by an accrediting agency or
  280  association may bring an action against the accrediting agency
  281  or association in a court of competent jurisdiction and may
  282  obtain liquidated damages up to the amount of federal financial
  283  aid received by the postsecondary education institution, court
  284  costs, and reasonable attorney fees.
  285         (4)This section expires December 31, 2032.
  286         Section 4. Subsection (20) of section 1009.23, Florida
  287  Statutes, is amended, and subsection (21) is added to that
  288  section, to read:
  289         1009.23 Florida College System institution student fees.—
  290         (20) All tuition and fees described in this section, and
  291  any proposed changes to such tuition and fees, must be
  292  prominently posted on the institution’s website in an area that
  293  is transparent and easily accessible. Each Florida College
  294  System institution shall publicly notice and notify all enrolled
  295  students of any proposal to increase tuition or fees at least 28
  296  days before its consideration for a vote taken at a board of
  297  trustees meeting. The notice must:
  298         (a) Include the date and time of the meeting at which the
  299  proposal will be considered.
  300         (b) Specifically outline the details of existing tuition
  301  and fees, including how such tuition and fees are expended, the
  302  rationale and necessity for the proposed increase, and how the
  303  funds from the proposed increase will be used.
  304         (c) Be posted on the institution’s website and issued in a
  305  press release, which must also be enclosed in an e-mail sent to
  306  all enrolled students.
  307         (21)Any proposal or action of a Florida College System
  308  institution to raise, impose, or authorize any fee, as
  309  authorized by law, except for tuition, must be approved by a
  310  supermajority vote of the members of the board of trustees of
  311  the institution, if approval by the board of trustees is
  312  required by general law, and at least a supermajority vote of
  313  the members of the State Board of Education, if approval by the
  314  State Board of Education is required by general law, in order to
  315  take effect.
  316         Section 5. Subsection (20) of section 1009.24, Florida
  317  Statutes, is amended, and subsection (21) is added to that
  318  section, to read:
  319         1009.24 State university student fees.—
  320         (20) All tuition and fees described in this section, and
  321  any proposed changes to such tuition and fees, must be
  322  prominently posted on the state university’s website in an area
  323  that is transparent and easily accessible. Each state university
  324  shall publicly notice and notify all enrolled students of any
  325  proposal to change tuition or fees at least 28 days before its
  326  consideration for a vote taken at a board of trustees meeting.
  327  The notice must:
  328         (a) Include the date and time of the meeting at which the
  329  proposal will be considered.
  330         (b) Specifically outline the details of existing tuition
  331  and fees, including how such tuition and fees are expended, the
  332  rationale and necessity for the proposed change, and how the
  333  funds from the proposed change will be used.
  334         (c) Be posted on the university’s website and issued in a
  335  press release, which must also be enclosed in an e-mail sent to
  336  all enrolled students.
  337         (21)Pursuant to s. 7(e), Art. IX of the State
  338  Constitution, any proposal or action of a constituent university
  339  to raise, impose, or authorize any fee, as authorized by law,
  340  except for tuition, must be approved by at least 9 affirmative
  341  votes of the members of the board of trustees of the constituent
  342  university, if approval by the board of trustees is required by
  343  general law, and at least 12 affirmative votes of the members of
  344  the Board of Governors, if approval by the Board of Governors is
  345  required by general law, in order to take effect.
  346         Section 6. The Division of Law Revision shall prepare a
  347  reviser’s bill to replace references to the phrases “the
  348  Southern Association of Colleges and Schools,” “the Commission
  349  on Colleges of the Southern Association of Colleges and
  350  Schools,” and “the Southern Association of Colleges and Schools
  351  Commission on Colleges” wherever they occur in the Florida
  352  Statutes with the phrase “an accrediting agency or association
  353  recognized by the database created and maintained by the United
  354  States Department of Education.”
  355         Section 7. This act shall take effect July 1, 2022.