Sec. 8011. Funds for access to open educational resources
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Title VIII ( 20 U.S.C. 1161a et seq.) is amended by adding at the end the following: From the amounts appropriated under paragraph (8), the Secretary shall make grants, on a competitive basis, to eligible entities to support projects that expand the use of high-quality open textbooks in order to achieve savings for students while improving instruction and student learning outcomes. Each eligible entity desiring a grant under this subsection, after consultation with relevant faculty, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each application submitted under subparagraph
(A)shall include— a description of the proposed project to be completed with grant funds; a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students through the use of such textbooks; a description of how the eligible entity will evaluate whether existing open educational resources could be used or adapted into open educational resources before creating new open educational resources; a plan for quality review (including peer review), review of accuracy, and review of accessibility of any open educational resources created or adapted through the grant; a plan for assessing the impact of open textbooks on instruction and student learning outcomes at the eligible entity; a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; a statement on consultation with relevant faculty, including those engaged in the creation of open educational resources, in the development of the application; and an assurance that open educational resources utilized, developed, or researched will be available in accessible formats, which may include braille, audio books, closed captioning, and audio descriptions. In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to— achieve the highest level of savings for students through sustainable expanded use of high-quality open textbooks in postsecondary courses offered by the eligible entity; achieve improvements in student learning and student outcomes; expand the use of open textbooks at institutions of higher education outside of the eligible entity; and produce— the highest quality and most accessible open textbooks; open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; open textbooks that correspond to the highest enrollment courses at institutions of higher education; open textbooks created or adapted in partnership with entities, including campus bookstores, that will assist in marketing and distribution of the open textbook; and open textbooks that conform to accessibility standards under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). An eligible entity that receives a grant under this section shall use the grant funds to carry out the following activities to expand the use of open textbooks: Professional development for any faculty and staff members at institutions of higher education, including the search for and review of open textbooks. Creation or adaptation of high-quality open educational resources that conform to accessibility standards under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), especially open textbooks, and the quality assurance of such open educational resources. Development or improvement of tools and informational resources that support the use of open textbooks, including improving accessible instructional materials for students with disabilities that conform to accessibility standards under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). Research evaluating the efficacy of the use of open textbooks for achieving savings for students and the impact on instruction and student learning outcomes. An eligible entity that receives a grant under this section may use grant funds to purchase or maintain electronic equipment necessary for the operation or use of digital open educational resources, including mobile computer devices and accompanying hardware, software applications, computer systems and platforms, and other digital and online services and support. An eligible entity receiving a grant under this section may, with prior approval from the Secretary, assert a copyright in a copyrightable work first produced under the grant. With respect to each copyrightable work first produced under the grant, except as provided in clause (ii), an eligible entity that asserts a copyright under subparagraph
(A)shall provide to the public a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to carry out each exclusive right provided to that eligible entity under section 106 of title 17, United States Code. With respect to a copyrightable work first produced under the grant that employs preexisting material, the requirement described under such subparagraph shall apply to such work to the extent that— no copyright subsists in such preexisting material; or the eligible entity is authorized to license such material in the manner described under such subparagraph. Nothing in this subsection may be construed as affecting the application of the requirements of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ). In this subsection, the term copyrightable work means a work subject to protection under title 17, United States Code, but does not include a work that may be patentable or otherwise protectable under title 35, United States Code. The full and complete digital content of each educational resource created or adapted under paragraph
(5)shall be made available free of charge to the public— on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute; and in a fully accessible format in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). Upon an eligible entity’s completion of a project for which the eligible entity received a grant under this section, the eligible entity shall prepare and submit a report to the Secretary regarding— the effectiveness of the project in expanding the use of high-quality open textbooks and in achieving savings for students; the impact of the project on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; educational resources created or adapted under the grant, including instructions on where the public can access each educational resource under the terms of paragraphs
(5)and (6); information about the quality review process that was used to ensure quality and accuracy; the impact of the project on instruction and student learning outcomes; and all project costs, including the value of any volunteer labor and institutional capital used for the project. There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal years. Not later than 2 years after the date of enactment of College Affordability Act , the Secretary shall prepare and submit a report to authorizing committees detailing— the high-quality open textbooks created or adapted under this section; the adoption of such open textbooks; the savings generated for students, States, territories, and the Federal Government through the use of open textbooks; and the impact of open textbooks on instruction and student learning outcomes. Not later than 3 years after the date of enactment of College Affordability Act , the Comptroller General of the United States shall prepare and submit a report to the authorizing committees on the cost of textbooks to students at institutions of higher education. The report shall include— the change of the cost of textbooks between the date of the enactment of the College Affordability Act and the date of such report; the factors that have contributed to such change in the cost of textbooks, including the impact of open textbooks on the cost; the extent to which open textbooks are used at institutions of higher education compared to the use of open textbooks before the date of the enactment of this subsection; how institutions are tracking the impact of open textbooks on instruction and student learning outcomes; the availability of accessible forms of open textbooks and the barriers faced by students with disabilities in accessing accessible forms of open educational resources compared to the barriers faced in accessing traditional educational materials; and the barriers faced by other student populations, including low-income students, in accessing high-quality open educational resources compared to the barriers faced in accessing traditional educational materials. In this section: The term educational resource means a print or digital educational material that can be used in postsecondary instruction, including textbooks and other written or audiovisual works. The term eligible entity means an institution of higher education or a consortia of such institutions of higher education. The term institution of higher education has the meaning given the term in section 101. The term open educational resource means a print or digital educational resource that either resides in the public domain or has been released under an intellectual property license that permits its free use, reuse, modification, and sharing with others. The term open textbook means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. The term relevant faculty means both tenure track and contingent faculty members who may be involved in the creation of open educational resources or the use of open educational resources created as part of the grant application. .
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