What is the Higher Education Opportunity Act?

The Higher Education Opportunity Act (HEOA) is a U.S. federal law enacted in 2008 to reauthorize the Higher Education Act of 1965. The law introduces a range of reforms, requirements, and provisions intended to support students, enhance transparency, and increase accountability for institutions receiving federal funding.  Specifically, Section 133 establishes textbook pricing transparency requirements during the student registration process.

 

What are the requirements regarding textbooks stipulated in the HEOA, Section 133 (20 U.S.C. 1015)?

As of July 1, 2010, institutions that receive Title IV funds must,to the maximum extent practicable,” disclose, on the institution's online course schedule and in a manner of the institution's choosing, the ISBN (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 during student registration and enrollment periods.  If the ISBN number is not available, the institution must include the author, title, publisher, and copyright date.  If the institution determines it is not practical to disclose either the ISBN number of the alternative information, it must list “To Be Determined” for the course. 

What is the rationale for the law?

Congress was responding to concerns expressed by student groups and others to the high cost of textbooks. The intention of these requirements are:

  • “To ensure that students have access to affordable course materials by decreasing costs to students and enhancing transparency and disclosure with respect to the selection, purchase, sale, and use of course materials." (See PURPOSE AND INTENT of Section 133 for more details).
  • “To encourage all involved parties…to work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while supporting the academic freedom of faculty members to select high quality course materials for students."

 

What happens if a campus does not comply with these requirements?

Compliance with the HEOA requirements required for institutions receiving student financial aid from the Federal government. Failure to comply may jeopardize federal student assistance funds for our JMU students.

 

Why am I required to provide my textbook information so early?

The HEOA requires that the information regarding textbooks and supplemental materials be provided to students no later than at the time of registration.  At JMU, registration for spring semester begins in November, registration for summer begins in March and registration for fall begins in April.

In addition, submitting your textbook information early will help students save money on used textbooks. The national marketplace for used textbooks is competitive, and early textbook adoption information will translate into more used books for our students. Students will also be able to sell back books at a higher price if those books are being used the next semester.

 

What if an instructor has not been assigned to the class or an instructor is still finalizing the textbooks for the upcoming semester on the date book orders are due for the upcoming semester?

If an instructor has not been identified for a course or the instructor is still finalizing the textbooks on the date book information is due for the upcoming semester, the department/instructor may list “To Be Determined” in place of the required information on its website. The textbook information must be submitted to the bookstore as soon as possible after the assignment is made.

 

What are considered no-cost/low-cost course materials and how do I identify them in the schedule of classes?

If required course materials are low cost ($40.00 or less at the JMU Bookstore) or no-cost, the corresponding course attribute will be entered on the schedule of classes by the academic department. Students can search for classes with those attributes using the schedule planner via MyMadison. Even no-cost and low-cost course materials should be reported to the JMU Bookstore to support transparency during the student registration and enrollment period. The JMU Bookstore identifies course materials that are “free open educational resources” or “free as ebooks through JMU Libraries” on their website.

 

What constitutes course materials?

A group of required readings, lab materials, school supplies and/or electronic device determined by a faculty member for class use. Textbooks & coursepacks are considered course materials. Examples of non-book course materials include rock samples, maps, pedometers, lab notebooks, calculators, lab glasses, etc.

From JMU Policy 2110

How can faculty contribute to helping students use OER?

  • Be aware of the “unbundling” of “bundled” course materials. The term ‘bundle’ means one or more college textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price (source: Sec. 122, HEOA 2008). Publishers are required by the Act to offer each item from a bundled course materials packet individually and at individual prices. Publishers should make you aware of this option when you are choosing your course materials.

  • Ensure that “substantial content revisions” have been made to materials prior to ordering a new edition. The term ‘substantial content’ means parts of a college textbook such as new chapters, new material covering additional eras of time, new themes, or new subject matter. Publishers are required to inform you of the copyright dates of the three previous editions of a textbook and any supplemental materials. Additionally, the publishers must describe the major differences or revisions between the current and previous editions of the textbook or supplemental material (source: Sec. 122, HEOA 2008). Be sure to make receive this information from the publisher when making your course materials selections.

  • Submit your textbook order to the JMU Bookstore on time.
    The deadlines are…
  • March 15: Summer adoptions
  • April 1: Fall adoptions
  • October 15: Spring adoptions

 

What if I’m not using the JMU bookstore?

Send the required information to the JMU Bookstore regardless of any other outside vendor or website that you might be using. The JMU Bookstore will adhere to the HEOA timelines for posting the required information on their Online Textbook Ordering System.

 

 

 

 

 

 

 

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