HB3239 98TH GENERAL ASSEMBLY

LRB098 10080 NHT 41345 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3239

Introduced , by Rep. Kenneth Dunkin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Open College Textbook Act. From appropriated amounts, authorizes the Board of Higher Education to award grants, on a competitive basis, to eligible entities to carry out described activities, including creating, updating, or adapting open textbooks (defined as a textbook or set of course materials in electronic format that is designed for use in a college course at an institution of higher education and that is licensed under an open license). Defines an "eligible entity" as (i) an institution of higher education in this State, (ii) a professor or group of professors at an institution of higher education in this State, or (iii) a nonprofit or for-profit organization that produces open textbooks. Requires the Board to award grants in a manner that will result in the creation of a comprehensive slate of high quality course materials for introductory courses in a variety of subject areas. Sets forth provisions concerning the duration of a grant, grant applications, requirements for grant recipients, a peer review and evaluation process, appropriations, licensing materials, and a report to the Senate's Committee on Higher Education and the House of Representatives' Committee on Higher Education. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Open College Textbook Act.

Section 5. Findings. The General Assembly finds the following:

(1) It is critical for the future health of the economy of this State to support the education of its youth so that they can attain the degrees and credentials they need to enter the evolving workforce.

(2) While more than 80% of the 23,000,000 jobs to be created nationwide over the next 10 years will require postsecondary education, only 36% of all 18 to 24-year-olds are currently enrolled in postsecondary educational institutions.

(3) Students in this State are struggling to enroll in postsecondary educational institutions due to finances as, according to the U.S. Government Accountability Office (GAO), tuition and fees have increased at an average rate of 7% annually, while other prices have risen at only about 3% annually.

(4) High college textbook costs further add to this financial burden. The College Board reports that during the 2011-2012 academic year the average student spent an estimated $1,168 for course materials, including college books and supplies.

(5) The College Board finds that this figure constitutes 6.1% of the estimated annual costs of education for the typical resident student at a 4-year university, and the GAO finds that at community colleges, college textbooks can comprise 75% of total student costs.

(6) As a result, a survey conducted by the Student Public Interest Research Groups found that 7 in 10 students reported foregoing the purchase of a textbook because of its cost even though 78% believed it could hurt their academic performance.

(7) The growth of the Internet has enabled the creation and sharing of open content, including open educational resources such as textbooks.

(8) Making more high quality, open textbooks freely available to students in this State could significantly lower their textbook expenditures, which would help to address the larger financial burden of their postsecondary education and would help to ensure that they have access to the textbooks they need to receive the highest quality education possible.

Section 10. Definitions. In this Act:

"Board" means the Board of Higher Education.

"Open license" means an irrevocable intellectual property license that grants the public the right to access, customize, and distribute copyrighted material.

"Open textbook" means a textbook or set of course materials in electronic format that is designed for use in a college course at an institution of higher education and that is licensed under an open license.

Section 15. Grant program.

(a) In this Section, "eligible entity" means the following:

(1) an institution of higher education in this State;

(2) a professor or group of professors at an institution of higher education in this State; or

(3) a nonprofit or for-profit organization that produces open textbooks.

(b) From the amount authorized to be appropriated under subsection (i) of this Section, the Board is authorized to award grants, on a competitive basis, to eligible entities to carry out the activities described in this Section, including creating, updating, or adapting open textbooks. The Board shall award grants in a manner that will result in the creation of a comprehensive slate of high quality course materials for introductory courses in a variety of subject areas.

(c) Grants awarded under this Section shall be one year in duration.

(d) Each eligible entity desiring a grant under this Section shall submit an application to the Board at such time, in such manner, and accompanied by such information as the Board may reasonably require.

Each application submitted under this subsection (d) shall include a description of the project to be completed with grant funds and the following:

(1) a plan for quality review and a review of the accuracy of content;

(2) a plan for access to ensure the widest possible availability of the digital version of the open textbook;

(3) a plan for distribution and adoption of the open textbook to ensure the widest possible adoption of the open textbook in postsecondary courses, including, where applicable, a marketing plan or a plan to partner with for-profit or nonprofit organizations to assist in marketing and distribution; and

(4) a plan for tracking and reporting formal adoptions of the open textbook within postsecondary institutions, including an estimate of the number of students impacted by the adoptions.

(e) In awarding grants under this Section, the Board shall give special consideration to applications that demonstrate the greatest potential to produce the following:

(1) the highest quality and most marketable open textbooks;

(2) open textbooks that correspond to the highest enrollment courses at institutions of higher education;

(3) open textbooks that are easily utilized by faculty members at institutions of higher education; and

(4) open textbooks created in partnership with for-profit or nonprofit organizations to assist in marketing and distribution.

(f) An eligible entity that receives a grant under this Section shall do the following:

(1) create a new open textbook for use in postsecondary coursework;

(2) update an open textbook for use in postsecondary coursework; or

(3) adapt a textbook into an open format for use in postsecondary coursework.

An open textbook created, updated, or adapted under this subsection (f) must be licensed through an open license.

The full and complete digital content of each open textbook created, updated, or adapted under this subsection (f) (i) must be posted on an easily accessible and interoperable Internet website, which website must be identified to the Board by the eligible entity, and (ii) must be made available free of charge to and may be downloaded, redistributed, changed, revised, or otherwise altered by any member of the general public.

(g) The Board shall develop a peer review and evaluation process, in consultation with others, to ensure that open textbooks created, updated, or adapted under this Section are of the highest quality, are accurate in content, and meet or exceed market quality and accessibility standards.

(h) Upon an eligible entity's completion of a project supported by a grant under this Section, the eligible entity shall prepare and submit a report to the Board regarding all project costs, including the value of any volunteer labor and institutional capital used for the project.

(i) The General Assembly is authorized to appropriate $450,000 for Fiscal Year 2014 to carry out the provisions of this Section, to be divided among 3 grants, and is authorized to appropriate such amounts as are necessary to carry out the provisions of this Section for each of the 5 succeeding fiscal years.

Section 20. Licensing materials.

(a) Notwithstanding any other provision of law, educational materials, such as curricula and textbooks created through any public grants, must be licensed under an open license.

(b) The full and complete digital content of each of the materials created as described in subsection (a) of this Section (i) must be posted on an easily accessible and interoperable Internet website, which website must be identified to the Board by the grant recipient, and (ii) must be made available free of charge to and may be downloaded, redistributed, changed, revised, or otherwise altered by any member of the general public.

Section 25. Intent of the General Assembly. It is the intent of General Assembly that institutions of higher education in this State should encourage the consideration of open textbooks by professors within the generally accepted principles of academic freedom that establish the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes.

Section 30. Report.

(a) No later than June 1, 2015, the Board shall prepare and submit a report to the Senate's Committee on Higher Education and the House of Representatives' Committee on Higher Education detailing the following:

(1) the open textbooks created, updated, or adapted under this Act;

(2) the adoption of such open textbooks; and

(3) the savings generated for students and this State though the use of open textbooks.

(b) This Section is repealed on June 1, 2016.

Section 90. Rules. The Board may adopt any rules necessary to implement this Act.

Section 99. Effective date. This Act takes effect upon becoming law.