W. Va. Code R. § 135-51-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 135-51-3 - West Virginia Code Mandates

3.1. Each institutional governing board under the jurisdiction of the Council shall promulgate rules that fully and adequately address the statutory mandates of W. Va. Code § 18B-10-14. Specifically, these rules shall, at a minimum:

3.1.a. Provide specific mechanisms to ensure that bookstores operated at institutions under the governing board's jurisdiction minimize the costs to students for textbooks and course materials. To that end, the governing board rule shall:

3.1.a.1. Commit, to the maximum extent practicable, to the number of used books the bookstore will repurchase from students at the end of each semester.

3.1.a.2. Commit, to the maximum extent practicable, a range of percentage repurchase prices based on the new textbook price.

3.1.a.3. Commit, to the maximum extent practicable, to a selection procedure that will ensure certain basic textbooks will be utilized for a reasonable number of consecutive years without new editions being adopted, or selection of basic textbooks where earlier editions are easily and appropriately utilized in the courses.

3.1.b. Prohibit any employee of the governing board from receiving any payment, loan, subscription, advance, deposit or money, service benefit or thing of value, present or promised, as an inducement for requiring students to purchase a specific textbook or supplemental course materials, provided, however, that an employee may receive royalties or other compensation from such sales that include the employee's own writing or work. An employee may also receive free sample copies, instructor's copies and instructional material but may not resell those items and retain the proceeds.

3.1.c. Prohibit any employee of the governing board from requiring for any course a textbook that includes his or her own writing or workbook if the textbook incorporates either detachable worksheets or workbook-style pages intended to be written in or removed from the textbook. This does not prohibit an employee from requiring as a supplement to a textbook any workbook or similar material which is published independently from the textbook.

3.1.d. Provide firm deadlines for faculty to be assigned to courses and textbooks and course materials to be selected prior to each semester.

3.1.d.1. For those deadlines, to the maximum extent practicable, not met there shall be a mechanism in place reasonably calculated to ensure that used textbooks, if available, can be located and purchased by the time of enrollment each semester to the maximum extent practicable.

3.1.d.2. This mechanism should include, but is not limited to, such measures as default selection of certain textbooks, continuing to use the previous textbook, or having a chair or dean select the textbook. Any such textbook default selection must be strictly enforced and faculty not be allowed to change the selection.

3.1.e. Provide that a listing of all selected textbooks and materials selected and assigned prior to each semester shall be prominently posted immediately after such selection process is completed and the textbook and course materials are designated for order by the bookstore:

3.1.e.1. In a central location on campus communicated to the student body;

3.1.e.2. In every campus bookstore operated at the institution;

3.1.e.3. On the institution's website; and

3.1.e.4. With the International Standard Book Number (ISBN), edition number and any other relevant information regarding each textbook or supplemental course materials.

3.1.f. Provide that by November 1 of each year, the institution shall report to the Chancellor of the Council, for the prior fiscal year, the deadlines established for faculty to be assigned to courses; the deadlines for textbooks and course materials to be selected; the percentages of those deadlines met; and the dates the listing of assigned textbooks and course materials were posted pursuant to the requirements of Section 3.1.e. of this rule.

3.1.g. Provide that all revenue the institution receives from a private entity for bookstore operation is utilized for non-athletic scholarships at the institution.

W. Va. Code R. § 135-51-3