1 State and Federal Legislation
State and federal legislation have played a significant role in laying groundwork for open and affordable course marking. Seven states passed course marking mandates between 2015 and 2019, and these bills have foundations in an earlier federal requirement that introduced textbook information into course schedules. This chapter explores the history of open and affordable course marking policy and analyzes different approaches. It also offers insight in how the role of policy may evolve in the future.
Foundations in Textbook Price Disclosure Law
The history of open and affordable course markings dates back to state and federal legislation in the mid-2000s concerning textbook price disclosure in an institution’s schedule of classes. The issue of textbook affordability first gained national attention in 2004, with an exposé released by Student Public Interest Research Groups, which found textbook prices had risen more than four times the rate of inflation (Student PIRGs 2004). The findings struck a nerve with students, parents, and politicians alike, and within a few years states began introducing legislation designed to increase textbook price transparency.
In 2007, Congress took up reauthorization of the Higher Education Act of 1965, the law governing the nation’s college and university policies, which was ultimately achieved with the passage of the Higher Education Opportunity Act (HEOA) in 2008. Senator Dick Durbin of Illinois championed the issue of textbook affordability during the process, drafting a set of provisions that were ultimately codified into law under Section 133 (20 USC 1015b). Among the provisions was a requirement that colleges and universities eligible for Title IV funding must, to the maximum extent practicable, disclose the ISBN and retail price of college textbooks in the online course schedule students use for registration. The textbook information provisions took effect on July 1, 2010, and were evaluated by the Government Accountability Office (GAO) in 2013. The relevant portion of Section 133 reads:
To the maximum extent practicable, each institution of higher education receiving Federal financial assistance shall—
(1) disclose, on the institution’s Internet course schedule and in a manner of the institution’s choosing, the International Standard Book Number and retail price information of required and recommended college textbooks and supplemental materials for each course listed in the institution’s course schedule used for preregistration and registration purposes, except that—
(A) if the International Standard Book Number is not available for such college textbook or supplemental material, then the institution shall include in the Internet course schedule the author, title, publisher, and copyright date for such college textbook or supplemental material; and
(B) if the institution determines that the disclosure of the information described in this subsection is not practicable for a col