Missouri Revised Statutes













Chapter 173

Department of Higher Education

←173.900

Section 173.955.1

173.1000→

August 28, 2015

Citation of law--definitions--information to be provided to faculty, when--use of financial aid for purchase of textbooks, when.

173.955. 1. The provisions of this section shall be known as the

"Textbook Transparency Act". For purposes of this section, the following

terms mean:



(1) "Adopter", any faculty member or academic department at an approved

institution of higher education responsible for considering and choosing

course materials to be utilized in connection with the accredited courses

taught at the approved institution of higher education;



(2) "Approved institution of higher education", an educational

institution located in Missouri which:



(a) Is directly controlled or administered by a public agency or

political subdivision;



(b) Receives appropriations directly or indirectly from the general

assembly for operating expenses;



(c) Provides a postsecondary course of instruction at least six months

in length leading to or directly creditable toward a degree or certificate;



(d) Meets the standards for accreditation as determined by either the

North Central Association of Colleges and Secondary Schools, or if a public

community college created under the provisions of sections 178.370 to 178.400

meets the standards established by the coordinating board for higher

education for such public community colleges, or by other accrediting bodies

recognized by the United States Office of Education or by utilizing

accreditation standards applicable to the institution as established by the

coordinating board for higher education;



(e) Does not discriminate in the hiring of administrators, faculty and

staff or in the admission of students on the basis of race, color, religion,

sex, or national origin and is otherwise in compliance with the federal Civil

Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and



(f) Permits faculty members to select textbooks without influence or

pressure by any religious or sectarian source;



(3) "College textbook", a textbook or a set of textbooks used for a

course of postsecondary education at an approved public institution of higher

education;



(4) "Integrated textbook", a college textbook that:



(a) Is combined with materials developed by a third party and that, by

third-party contractual agreement, may not be offered by publishers

separately from the college textbook with which the materials are combined; or



(b) Includes functionally interdependent course materials designed to be

used solely as a single unit and whose separation would substantially degrade

the academic content so that it would not be usable to the student;



(5) "Products", all versions of a college textbook or set of college

textbooks, except custom textbooks or special editions of textbooks,

available in the subject area for which a prospective purchaser is teaching a

course, including supplemental material, both when sold together or separately

from a college textbook;



(6) "Supplemental material", educational material that may accompany a

college textbook, including printed materials, computer disks, website

access, and electronically distributed materials, that is neither:



(a) Bound by third-party contractual agreements to be sold in an

integrated textbook; nor



(b) A component of an integrated textbook.



2. Each publisher of college textbooks shall provide, upon request, the

following information to faculty members or adopters at an approved

institution of higher education, whenever the publisher provides a faculty

member or adopter with information about the publisher's products:



(1) The price at which the publisher would make the products available

to the campus bookstore;



(2) The substantial content revisions for such products made between a

current textbook edition and the previous edition, if any;



(3) The copyright dates of all previous editions of such college

textbook in the preceding ten years, if any; and



(4) Whether the products are available in any other format, including

paperback and unbound, and the price at which the publisher would make the

products in the other formats available to the campus bookstore.



3. A publisher that sells a college textbook and any supplemental

material accompanying such college textbook as a single bundle shall also

make available the college textbook and each supplemental material as

separate and unbundled items, each separately priced.



4. Where existing technology and contracts make it feasible, an approved

public institution of higher education shall develop a policy that permits

students to use financial aid that has not been disbursed for tuition or fees

to purchase required textbooks for courses taught at the institution at stores

on the campus of the institution.



5. To the extent practicable, an approved institution of higher education

shall encourage faculty members or adopters to place their initial orders for

college textbooks with sufficient time for the campus bookstore to factor such

information into student buyback, research the availability of the course

material, and exchange, when appropriate, relevant information with faculty

to support effective use of course materials such as bundles and to promote

cost efficiencies for students.



(L. 2008 H.B. 2048)







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