SLS 19RS-218 ENGROSSED
2019 Regular Session
SENATE BILL NO. 117
BY SENATORS WALSWORTH, BISHOP, MIZELL, MORRISH AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
POSTSECONDARY ED. Provides relative to postsecondary textbooks and instructional
materials. (gov sig)
1 AN ACT
2 To enact R.S. 17:3129.9, relative to postsecondary education; to provide relative to the
3 development, acquisition, accessibility, and use of certain textbooks and other
4 educational resources; to provide for a plan to make such resources more accessible
5 and affordable to postsecondary students and the public; to provide for the roles and
6 responsibilities of the Board of Regents and the public postsecondary education
7 management boards; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:3129.9 is hereby enacted to read as follows:
10 ยง3129.9. Affordable textbooks and open educational resources
11 A. Definitions
12 (1) "Affordable educational resource" or "AER", means any copyright
13 protected educational resource that may be purchased for ownership in
14 perpetuity by a library or postsecondary institution for schoolwide use without
15 additional costs beyond the cost of initial purchase and any hosting access fees,
16 and any copyrighted protected educational resource that may be licensed for
17 individual users for short or long-term access, at a greatly reduced overall cost.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 117
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1 The overall cost to students for an AER should not exceed an amount equal to
2 four times the federal minimum wage.
3 (2) "Course schedule" means a collection or listing of available classes,
4 course sections, or both, published by a postsecondary institution in electronic
5 or printed form prior to the start of an academic term.
6 (3) "Open educational resource" or "OER" means a teaching, learning,
7 or research resource that is in the public domain or has been released under an
8 intellectual property license that permits the free use, adaptation, and
9 redistribution of the resource by any person. The term may include full course
10 curricula, course materials, modules, textbooks, media, assessments, software,
11 and any other tools, materials, or techniques, whether digital or otherwise, used
12 to support access to knowledge.
13 B. The Board of Regents, through LOUIS:The Louisiana Library
14 Network, in collaboration with the state's public postsecondary education
15 management boards and institutions shall develop and implement a plan to
16 increase the development, acquisition, availability, and accessibility of
17 affordable textbooks and other educational resources for postsecondary
18 students. At a minimum, the plan shall include:
19 (a) A list of high-impact courses to be prioritized for support for the
20 conversion of course materials to AER and OER. The list shall be updated at
21 least annually.
22 (b) A sustainable program of competitive grants for postsecondary
23 faculty members for the development, conversion, or adoption of AER or OER
24 for high-impact courses, utilizing any available funds identified by the board.
25 (c) A sustainable digital repository which shall function as a publicly
26 accessible database for the collection and storage of OER.
27 (d) Strategies to promote the production, access, and use of AER and
28 OER.
29 C. Beginning in Fall of 2020, each public postsecondary education
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1 institution shall:
2 (1) Use a conspicuous symbol, logo, or other distinguishing feature to
3 highlight each course included in its course schedule that exclusively utilizes
4 AER or OER course materials and ensure that these course materials comply
5 with the federal Americans with Disabilities Act of 1990 (U.S.C.Sec. 12101 et
6 seq.) and the federal Copyright Act of 1976 (Public law 94-533).
7 (2) Clearly communicate to students how to access AER and OER course
8 materials.
9 (3) Provide summary data as requested by the Board of Regents
10 regarding courses that exclusively utilize AER and OER course materials.
11 (4) Publish the course schedule and textbook list on their website prior
12 to opening course registration, but not later than thirty days prior to the
13 beginning of each academic term, and provide this information to LOUIS:The
14 Louisiana Library Network, individual campus libraries, and other entities or
15 programs as might be specified by the Board of Regents.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17 signed by the governor, upon expiration of the time for bills to become law without signature
18 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19 vetoed by the governor and subsequently approved by the legislature, this Act shall become
20 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 117 Engrossed 2019 Regular Session Walsworth
Proposed law provides for greater availability and use of affordable textbooks and other
educational resources as follows:
(1)Requires the Board of Regents, through LOUIS:The Louisiana Library Network, in
collaboration with the state's public postsecondary education institutions to develop
and implement a plan to increase the development, acquisition, availability, and
accessibility of affordable textbooks and other educational resources for
postsecondary students.
(2)Requires that the plan include a list of courses prioritized for support to convert
course materials to affordable educational resources (AER) and open educational
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 117
SLS 19RS-218 ENGROSSED
resources (OER); faculty grants to develop, convert, or adopt AER or OER; a digital
repository to serve as a publicly accessible database for AER and OER; and
strategies to promote the production, access, and use of AER and OER.
(3)Requires public postsecondary education institutions, beginning with Fall 2020, to:
(a)Use a conspicuous symbol, logo, or other distinguishing feature to highlight
each course included in its course schedule that exclusively utilizes AER or
OER course materials available and ensure that these course materials
comply with the federal Americans with Disabilities Act of and the federal
Copyright Act of 1976.
(b)Clearly communicate to students how to access AER and OER course
materials available.
(c)Provide summary data as requested by the Board of Regents regarding
courses that exclusively utilize AER and OER course materials that are
available.
(d)Publish the course schedule and textbook list on their website prior to
opening course registration, but not later than thirty days prior to the
beginning of each academic term, and provide this information to LOUIS,
individual campus libraries, and other entities or programs as might be
specified by the Board of Regents.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3129.9)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Changes definition of "open educational resource".
2. Changes date for postsecondary education action to Fall 2020.
3. Makes technical corrections.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.