Compliance with USM Textbook Policy: May 1 Publication

The Board of Regents passed the USM Policy on Textbook Affordability Measures at the February 13 meeting held at Towson University.  One of the more progressive portions requires all textbook selections to be finalized and published by May 1 for fall semesters and December 1 for spring semesters in II.1 of the policy.  This allows both for early access for students and assurances for the bookstore on which books will be used in the coming semester.  This advance knowledge allows bookstores to purchase textbooks at a higher price during buy-back.  The policy reads (III.10.II.1):

All University System of Maryland degree-granting institutions shall post on the institutional website ISBN, title, author, publisher, and edition for required course material as soon as faculty members and the bookstore have finalized the textbook selection but no later than May 1 for the fall semester and December 1 for the spring semester.  In the case that a course has not been assigned a faculty member by the given deadline, textbook selection shall be conducted and communicated to enrolled students expeditiously upon selection of the materials.

As of May 1, today, 7 USM institutions have complied with the USM policy.  They include:

• University of Maryland, Baltimore County
  
• University of Maryland, College Park
  
• Bowie State University
  
• Towson University
  
• Salisbury University
  
• University of Baltimore
• University of Maryland, Baltimore

 Four institutions have not complied with the USM Policy:

• University of Maryland University College
• Coppin State University
• University of Maryland, Eastern Shore
• Frostburg State University
  

I have been in contact with USM officials on this issue.  Preliminary discussion yields that the USM is under the impression that the newly passed state legislation "trumps" the USM Policy in this area.  The state legislation requires that universities publish textbook selections on their websites three weeks after the original selection by the professor and one week after for other bookstores.  There is no specific drop-date as in the USM policy.

But there are a few problems with the USM intepretation.  First, the USM Policy should be in effect already becuase it goes into implementation with the textbook selection process for classes in Fall 2009.  Second, and more importantly, the USM policy goes further than the state legislation, in setting a drop-date deadline (May 1 for fall and December 1 for spring) and requires immediate publication upon finalization of the order.

Because compliance with the USM policy does not preclude compliance with state law, why cannot the USM policy be followed?  The language goes further than the state legislation.  More details and updates to come...

Textbook Legislation Passes

The General Assembly considered an amended bill in the House and Senate late last Thursday and passed it in both chambers.  Most problems have been removed from the bill, although university bookstores are required to hand over unconfirmed textbook selections to private, off-campus bookstores one week after the original submission by faculty.

Legislative leaders bypassed the traditional "conference committee" process (described in a previous post ), and simply developed a back-room compromise.  This procedure allowed for the bill to advance late in the session.  (Recall that recent days have been swamped by a discussion of a screening of a porn film at UMCP).  The new bill addresses a number of amendments that I had concerns with but still places an undue burden on campus-based bookstores of turning over information to private bookstores prematurely.  I believe this could have an unintended consequence of raising book prices for students.

Yet, the bill contains a number of positive components for students, warranting its passage:

• guarunteed ISBN publication to students
• publication to students prior to the week before classes
• requirements on publishers in providing information to faculty
• a process that has faculty consider a number of factors in selecting a textbook, including the cost, content revisions in a textbook, and the necessity of supplementary materials

Combining the federal legislation passed in Fall 2008, the USM Board of Regents policy passed in February 2009, and the new state legislation, students have been well served in enacting policy to lower the cost of textbooks.

Check out this article in the Diamondback highlighting the passage.

Textbook Legislation passes the House

The House of Delegates passed their version of a Textbook Bill today, after a favorable review with amendments from the Appropriations Committee on Saturday.  Substantive changes reduce administrative burdens to universities and bookstores, which will ensure that the cost of textbooks is not inadvertenly increased.  A few amendments seem to cater to book publishers, skirting provisions attempting to address bundling and integrated textbooks.  Here is a list of amendments that I will advocate for:

• On page 4 Line 15 C.1.III remove the word "not"  to read "Which textbooks are integrated textbooks and are therefore subject to subsection (F) (3) of this section, as reported by the publisher under subsection (E) of this section."
• On page 5 Line 33 D.2.II.5  remove the word "not" to read "...that an integrated textbook is subject to subsection (F)(3) of this section."
• On page 6 Line 20, E.1.III:  reinstate "expressed as an itemized list."
• On page 6 Line 24&25 E.1.V:  reinstate "Variances in price, if any, between bundled and unbundled items."

With two versions of the bill passed in the House and the Senate, a conference committee will be convened.  The committee will include three senators and three delegates, and four of the six must come to consensus on an acceptable version of the bill.  Then, comparable amendments are submitted to both bodies; 50% approval of the new bill is needed from both houses prior to April 13.  

The House bill generally addresses most of my concerns with the bill regarding administrative burdens and limitations on academic freedom.  Hopefully, members of the Senate and House cancome to a reasonable agreement, hopefully much closer to the House version, so that the bill does not have the same fate as last year's version.

Textbook Update

During my hiatus last week, a number of advancements have occurred in the realm of textbooks.  After a worthwhile hearing in the House on February 17, Delegate Rice committed to proposing significant amendments to the House version of the bill (HB 85 ) which will be submitted soon.  At the same time, the Senate Bill (SB 183) was scheduled for a Senate floor vote on Friday February 20.  Senator Middleton raised significant concerns on the floor, and first laid over the bill to Tuesday February 24.  On the floor, a number of amendments were proposed.  An amendment to change the publication timeline of textbook selections to once the order is "finalized" failed 22-24.  An amendment by Senator Astle to change "affirm and acknowledge" to "acknowledge" in section D passed 25-22.

So, the bill has passed in the Senate 45-0 in its current form.  The Senate now waits for the House to finalize the cross-filed bill.  If there are any differences in the two bills, a conference Committee will be formed.  This appears to be likely with the House adopting amendments supported by the USM Students panel, the USM, Community Colleges, Independent Colleges, MHEC, and Bookstores.

One major compromise that will likely be included is extending the publication of the textbook selection in Section G from the earlier of 1 week or the final selection to 30 days after the original selection.  The student panel testified that publication 1 week after the original selection would require bookstores to publish unfinalized information and then students could purchase wrong books.  The compromise extends this timeline to 30 days.  Do recall, at all USM schools, all selections must be posted for the Fall semester by May 1 and for the Spring semester by December 1.

This compromise, and the inclusion of Senator Astle's amendment, adequately address the main concerns that I have outlined.  I have pulled the letter from the CapWiz program at UMBC and will be working with student leaders to develop a consensus on the issue.  The Senate bill still raises issues, but the House amendments, expected from Delegate Rice, will be satisfactory and in the end, actually help students.

Take Action! Textbooks

Legislators will be considering textbook legislation is the next few days.  I have drafted an automated letter through an online program.  When you get a moment, please take 15 seconds and send the letter if you agree with the content.  Here is the link:

http://capwiz.com/usmd/issues/alert/?alertid=12755776&PROCESS=Take+Action

Action is time sensitive, so the sooner the better.

Testimony on House Bill 85

I testified on Tuesday as part of a panel of USM student leaders expressing support with amendments to House Bill 85.  The USM Student Council voted unanimously (10-0) at its 2/9 meeting to only support the bill with substantial amendments. Panel members included:

• Bill Logan, Towson undergraduate, Chair of USM Student Council
  
• Brady Walker, University of Baltimore law, Vice Chair of USM Student Council
  
• Sarah Elfreth, Towson undergraduate, Towson SGA and 2009-2010 USM Student Regent
  
• Roberto Munster, UMCP graduate, UMCP Graduate Student Government and USM Student Council member
  

Our testimony highlighted a number of additions and concerns, addressing concerns of costly administrative burdens, publication of unconfirmed information, limitations on academic freedom, an possible unintended consequences.  We submitted an amended version for review (email me at joshmichael@umbc.edu for a full tracked-changes version).

House members were receptive to comments, and Delegate Craig Rice is willing to carve up the bill to avoid the explained unintended consequences.

The Diamondback covered the event, highlighting the potential increased costs for students, resulting from the proscriptive language.  An editorial  was also published today.

USM Passes Policy on Textbook Affordability Measures

The USM Board of Regents unanimously supported the Policy on textbook Affordability Measures yesterday at a meeting at Towson University.  The policy is excepted to cut textbook costs for students by 20-30%.  

The Sun  the Policy and also wrote anin support of the action.

Coverage on the development:

The Sun (covered /  editorial )

Washington Post

The Capital

The Diamondback

Board of Regents set to approve Textbook Policy

The Board of Regents will consider the proposed "Policy on Textbook Affordability Measures" at tomorrow's full Board meeting at Towson University.  The effort stems from the Textbook Affordability Summit held on November 24th by the USM.  The policy includes a number of provisions, that when coupled with the federal law addressing textbooks, will significantly decrease the cost for students.  

The policy ensures that:

• students recieve ISBN numbers and other information regarding textbook selections well in advance of the beginning of the semester to ensure that students can shop competitively outside the bookstore
• deadlines for book finalization are set prior to the conclusion of classes in order to maximize the book buy-back process
• best practices for faculty regarding new editions of textbooks and bundling
• faculty can allow students to purchase older editions of an assigned book of the content is of relevant educational content
• bookstores stock both unbundled and bundled versions of materials
• students have the opportunity to review the use of course materails through final course evaluations
• faculty are educated of the policy each semester.

While legislation has been proposed by state legislators to address the problem, I question how provisions in this bill could negatively impact students.  The bill generally reiterates, in a number of places, positive provisions included in the federal textbook bill and the USM policy.  Yet, additional costs will likely rise for students as additional red-tape and regulation is inserted in the textbook adoption process, in the form of increased cost of books at the campus bookstore.  Additionally, limitations and unnecessary burdens on faculty could limit and frustrate the work and academic freedom of faculty.

The policy should pass the Board of Regents tomorrow, and should provide a comprehensive and workable policy to help lower the cost of textbooks.

Textbooks hit the press, USM policy & state legislation

The USM textbook policy and state legislation have gotten a lot of newspaper coverage in recent days.  The Board of Regents Education Policy Committee considered the textbook policy on Monday, and state legislation had a hearing on Wednesday.

I have spoken out in support of the state legislation with amendments.  I have some concerns with the bill, because I think it overburdens the administrative function of the bookstore, to the point where student costs will rise whether textbooks are purchased at the bookstore or not.  Additionally, the USM policy and federal legislation address the pertinent issues that impact tuition affordability by increasing redtape (see sections C & D).

In the Examiner Article, a quote highlights my statement that I would prefer to purchase books at the campus bookstore, when prices are comparable.  The reason for this is that the revenues collected on top of the cost of the book help cover the personnel costs of the arduous process of selecting books, as well as to subsidize other costs in the university.  Profits made on textbooks purchased outside of the bookstore go to the pockets of private businesses and corporations.

In my view, the goal should not be to run campus bookstores out of business by adding significant amounts of red tape, but to lower the cost of assigned books and then providing students with the ISBN number so they can search outside the university for books when the costs are overpriced.

Examiner Article
Diamondback - USM Policy / Legislation  / Editorial
The Towson Towerlight

USM Textbook Policy to be passed

Chancellor Kirwan, USM staff, and the Board of Regents were very receptive to amendments to the textbook policy at yesterday's Education Policy Committee Meeting of the Board of Regents.  After some conversation, the Board agreed to adopt the policy in principle, with expectations for amendments in coming days.  The Board is set to vote on the policy at its February 13th meeting at Towson. (Copy of new draft / marked-up version).

The policy is quite timely, considering that the Senate's Education, Health, and Environmental Affairs Committee will review the textbook legislation (SB 183).  This legislation causes some concern, with possible undue burdens on bookstores and institutions, evenutally increasing costs for students.  I have draft testimony for your consideration--let me know what you think.

Also, see an article from The Diamondback on yesterday's meeting.

Board of Regents Considers Textbook Policy

The Board of Regents and the University System of Maryland sponsored a Textbook Affordability Summit in December.  The BOR's Effectiveness and Efficiency Workgroup, led by Regent David Nevins, took up the task and has since developed a draft policy for the USM.

The Education Policy Committee will meet today at UMCP to discuss the policy.  See a copy of the policy, with my proposed amendments outlined in red.  

At debate will be to what extent should the BOR mandate clauses, as opposed to make broad suggestions and guidelines.  The debate is rooted in two principles of delegation of authority: academic freedom for faculty and institutional autonomy.

The policy has significant implications, in light of pending state legislation (HB 85 / SB 183).  The System my very well be able to stymie state regulation if the policy is broad and strict enough to meet expectations of legislators.  At the same time, a strict policy may be opposed by institutional and faculty representatives.

Of note, the policy with my amendments includes regulations that:

- release textbooks selections by December 1 for Spring Semester and May 1 for the fall semesters (include ISBN, author, edition, publisher, copyright date, and title)

- ensure that faculty consider the price before assigning a book

- have faculty consider using the same textbook for multiple semesters in a row

- ensure professors only assign new editions when necessary, and have them list all editions that are acceptable for use

- encourage faculty to unbundle book selections

- permit students to access electronic versions of books

- encourage faculty to use online documents and resources in class

- encourage faculty to be judicious in selecting books

- outline the procedure for assigning "recommended" materials

- require the assignment of "integrated" textbooks to be approved by Provosts

- include the use of textbooks as a measure for course evaluations

Textbooks: Progress for some, others lagging

Textbook affordability has been a "hot-button" issue in the University System of Maryland, resulting from pending legislation in Annapolis and a Summit held by the USM Board of Regents.  Suffice it to say, faculty, bookstores, and publishers have been questioned and pressured to make the best textbook selections by considering the cost of books in the process.

One of the most basic, but significant changes, is the publication of the universal book identifier, ISBN number.  The ISBN allows students to identify the specific textbook through outside providers in order to shop competitively outside the university bookstore.  At the beginning of the Spring 2009 semester, where do USM institutions stand?

• University of Maryland, College Park, UMBC, and Towson all publish ISBN numbers on their public, bookstore webpages.
• At UMB and UB, the bookstore provides a detailed description, including title, edition, publisher, and author, on their webpage.  Of note, these two institutions do not provide ISBN numbers.
• At Bowie, UMES, and Salisbury, the bookstore simply provides the title of the textbook selection and the author.  No ISBN or edition number is provided.
• At Coppin, there is no online list of textbook selections.
• At UMUC and Frostburg, the bookstore can only be accessed through a student log-in, so I was unable to access the list.

Some progress has been made on "opening" the market of textbooks.  Students at UMCP, UMBC, Towson, UMB, and UB could fairly easily find textbooks outside of the university bookstore, while students at other campuses would struggle to do so.  UMCP, UMBC, and Towson should be commended for taking the progressive step of publishing ISBN numbers.

The Forgotten Cost in Higher Education: Textbooks

That first trip to the bookstore during our freshman year took most of us for surprise.  Accustomed to textbooks being provided in high school, few of us had any idea how expensive textbooks could be.  On average, books cost about 10% of the cost of tuition, which is quite a burden for students struggling to pay for college.

The Maryland Legislature has considered legislation in the past that would help regulate the sale of textbooks.  Fundamentally, the textbook market is flawed because those who select the good (professors) do not purchase the good (students).  In other words, without the appropriate attention to the cost of textbooks, market forces do not drive down the cost.

Textbook publishers over the years have taken advantage of this arrangement through a number of strategies.  Some providers simply do not provide the cost of materials when advertising books to professors.  Others bundle books with unnecessary supplemental materials.  Publishers also update copies of textbooks as frequently as every 18 to 24 months, in order to make old editions obsolete.

Delegate Craig Rice and Senator Paul Pinsky are sponsoring legislation, House Bill 85 , regulating the sale of textbooks in Maryland.  Highlights of the bill include requiring institutions to publish textbook selections with ISBN numbers well before the beginning of the semester, requiring bundled and unbundled packages to be sold, requiring that publishers provide the cost of textbooks to professors during textbook selection, and requiring the development of a process to ensure professors recognize the cost of course materials.

I support the bill wholeheartedly, although there likely will have to be some minor revisions to ensure passage. What are your thoughts?  What have been your experiences buying textbooks?  What could be included in legislation to make the cost of textbooks more affordable for you?

USMstudents Returns & Legislative Session Begins

Hi all.  I regret not writing for the past month, but am excited to get back in communication with you all.  With the Fall 2008 semester over and a new year and Spring 2009 semester ahead of us, we all have a lot to look forward to.

As I write, I am headed out the door to Annapolis for the official opening of the 2009 Session of the Maryland General Assembly.  The Session lasts 90 days.  This year's session will inevitably be crowded by the looming budget revenue shortfalls that have already impacted every part of state government.

For higher education, two major priorities will shadow most lobbying efforts.  First, affordability will be at the forefront of discussions at the intersection of state budget support and tuition rates.  Should the legislature choose to cut higher education significantly from the budget, the likely response will be a hefty tuition increase to offset the lost support.

The other major issue will be textbook regulation legislation.  Senator Pinsky will likely propose legislation similar to last year's Senate Bill 657 .  Some changes will be made to ensure that this bill passes this session.  Also, expect other changes at the institution level from the Textbook Affordability Summit held last month.

Other issues are expected to arise during the session that will affect higher education, such as tuition for undocumented immigrants and funding for capital projects.  I look forward to keeping in touch with you through USMstudents during the 2009 Legislative Session.

Advocacy Best Practices: UMCP SGA's "Take Action" Site

UMCP SGA has developed a "Take Action" website designed to provide students with opportunities to advocate, information about current events and issues, and links to useful resources. The website is part of President Sachs' efforts to engage students in advocacy efforts across the university.

The website includes three white papers on The Purple Line, Textbooks, and Tuition Policy.  The papers provide great information in a succinct manner.

Kudos Jonathan and the rest of the SGA at UMCP!

Textbook Affordability Summit, November 24

The University System, in partnership with other higher education sectors, will host a Textbook Affordability Summit on November 24 from 8:30 a.m. to 2:30 p.m. in the Colony Ballroom at the University of Maryland, College Park Stamp Student Union.

Click here to register.

Click her to read the flier.

Break on Cost Of Textbooks Unlikely Before Last Bell, 2010

Front page of The Washington Post this morning. Interesting how Virgina passed "The Textbook Fairness Act" in 2005, but Maryland's bills have died in committee for the last three years.

Read it here.

Higher Education Opportunity Act of 2008

Congress has come to agreement on the Higher Education Opportunity Act of 2008. Among the highlights of the bill include Pell grant reform, textbook sale regulation, and illegal filesharing. An introductory conversation of the bill can be found at Inside Higher Ed.