Sec. 3. Open textbook grant program
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In this section: The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term open educational resource has the meaning given the term in section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ). 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 or use of open textbooks created as part of an application under subsection (d). The term Secretary means the Secretary of Education. The term supplemental material has the meaning given the term in section 133 of the Higher Education Act of 1965 ( 20 U.S.C. 1015b ). From the amounts appropriated under subsection (k), the Secretary shall make grants, on a competitive basis, to eligible entities to support projects that expand the use of open textbooks in order to achieve savings for students while maintaining or improving instruction and student learning outcomes.
In this section, the term eligible entity means an institution of higher education, a consortium of institutions of higher education, or a consortium of States on behalf of institutions of higher education. Each eligible entity desiring a grant under this section, after consultation with relevant faculty, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each application submitted under paragraph
(1)shall include a description of the project to be completed with grant funds and— a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity and across participating members of the consortium, where applicable, including an estimate of the projected savings that will be achieved for students; a plan for identifying gaps in the open textbook marketplace in courses that are part of degree-granting programs, which may include a plan for evaluating, before creating new open textbooks, whether existing open textbooks could be used or adapted for the same purpose, and in the case that a gap exists, creating new open textbooks; a plan for quality review and review of accuracy of any open textbooks to be created or adapted through the grant; a plan for assessing the impact of open textbooks on instruction, student learning outcomes, course outcomes, and educational costs at the eligible entity and across participating members of the consortium, where applicable; 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 textbooks, in the development of the application; a plan for professional development to build the capacity of faculty, instructors, and other staff to adapt and use open textbooks; and a plan for updating the open textbooks beyond the funded period. 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 open textbooks in postsecondary courses offered by the eligible entity; expand the use of open textbooks at institutions of higher education outside of the eligible entity; and produce— the highest quality 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 within institutions of higher education, including campus bookstores, that will assist in marketing and distribution of the open textbook; and open textbooks that are accessible to students with disabilities. An eligible entity that receives a grant under this section shall use the grant funds to carry out any of 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 open textbooks. Development or improvement of supplemental materials and informational resources that are necessary to support the use of open textbooks, including accessible instructional materials for students with disabilities. Research evaluating the efficacy of the use of open textbooks for achieving savings for students and the impact on instruction and student learning outcomes. For each open textbook, supplemental material, or informational resource created or adapted wholly or in part under this section that constitutes a new copyrightable work, the eligible entity receiving the grant shall release such textbook, material, or resource to the public under a non-exclusive, royalty-free, perpetual, and irrevocable license to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. The full and complete digital content of each open textbook, supplemental material, or informational resource created or adapted wholly or in part under this section 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; in a format that conforms to accessibility standards under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), where feasible; and with identifying information, including the title, edition, author, publisher, copyright date, and International Standard Book Number, if available. Upon an eligible entity’s completion of a project supported 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 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; open textbooks, supplemental materials, and informational resources created or adapted wholly or in part under the grant, including instructions on where the public can access each educational resource under the terms of subsection (h); 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. Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing— the open textbooks, supplemental materials, and informational resources created or adapted wholly or in part under this section; the adoption of such open textbooks, including outside of the eligible entity; the savings generated for students, States, and the Federal Government through projects supported under this section; and the impact of projects supported under this section on instruction and student learning outcomes. There are authorized to be appropriated to carry out this section such sums as are necessary.
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