CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1561
Chapter 268, Laws of 2018
(partial veto)
65th Legislature
2018 Regular Session
OPEN EDUCATIONAL RESOURCES
EFFECTIVE DATE: June 7, 2018
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1561
AS AMENDED BY THE SENATE
Passed Legislature - 2018 Regular Session
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State of Washington | 65th Legislature | 2017 Regular Session |
By House Appropriations (originally sponsored by Representatives Frame, Pollet, Doglio, Kloba, Bergquist, Kilduff, Stanford, Dolan, Peterson, Stonier, Senn, Slatter, Fey, Lovick, Macri, Tarleton, Tharinger, Sawyer, Goodman, and Farrell)
READ FIRST TIME 02/24/17.
AN ACT Relating to open educational resources; amending RCW
28A.300.803; adding a new section to chapter
28B.10 RCW; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Campus coordinator" means a designated facilitator to promote, assist, and support the creation of open educational resources by establishing and coordinating training seminars, creating workshops, helping faculty and staff identify available resources and funding, and cataloging and evaluating open educational resources used or created by an institution of higher education's faculty.
(b) "Open educational resources" means freely accessible, openly licensed educational textbooks, documents, materials, and media that reside in the public domain for free use and repurposing for the intention of teaching, learning, assessing, and researching.
(2)(a) Subject to availability of amounts appropriated for this specific purpose, the student achievement council shall administer the open educational resources grant pilot program for the four-year institutions of higher education. A grant received under the pilot program must be used for either (a)(i) or (ii) of this subsection, or both:
(i) Create a designated campus coordinator who will be the campus lead and centralized contact regarding open educational resources; or
(ii) Support faculty to adopt and modify, or create new, open educational resources for the purpose of reducing students' cost of attendance. Grant dollars may not be used to duplicate open educational resources that are already free and publicly available.
(b) The student achievement council shall develop an application form for the grant, a process for reviewing and selecting grant applicants, a process for awarding grant funding, and a process for the grant awardee to report back to the student achievement council on the use of the grant. The student achievement council shall prioritize applications that estimate the highest cost reduction to students, whether it be on an individual basis or across a field of study or the institution.
(c) The student achievement council shall determine how many grants may be awarded based on the funding received for the pilot program.
(d) In addition to the grant program, the student achievement council shall conduct outreach to other states and higher education agencies to identify whether there is interest in establishing a multistate open educational resources network to facilitate and establish a platform for peer review, coordinating, and sharing of open educational resources.
(e) The student achievement council shall report to the appropriate committees of the legislature in accordance with the reporting requirements in RCW
43.01.036 by December 1, 2019, on the open educational resources grant pilot program and on the outreach conducted regarding a multistate open educational resources network. The report must include information on the number of grant applications received, the number of grants awarded, and an evaluation of how the grants were used to expand the use of open educational resources. In addition, the report must include how the student achievement council conducted outreach to other states on the concept of a multistate open educational resources network and the feedback from those states.
(3) By December 1, 2019, the Washington state institute for public policy shall conduct a study on the cost of textbooks and course materials and the use of open educational resources at four-year institutions of higher education across the state and submit a report to the appropriate committees of the legislature in accordance with RCW
43.01.036. The institute shall conduct outreach to relevant stakeholders, including representatives of the publishing community, prior to drafting their final report. To the extent data are available, the study should address:
(a) The types of and average cost per student for required textbooks and course materials, including digital access codes and bundled items, in the state, at each four-year institution of higher education, and in specific degree programs;
(b) The use of open educational resources at four-year institutions of higher education and in specific degree programs or courses, or both; and
(c) Any other information regarding textbooks, course materials, or best practices in the development and dissemination of open educational resources that the Washington state institute for public policy deems relevant.
(4) This section expires June 30, 2022.
Sec. 2. RCW 28A.300.803 and 2012 c 178 s 2 are each amended to read as follows:
(1)(a) Subject to availability of amounts appropriated for this specific purpose, the superintendent of public instruction shall take the lead in identifying and developing a library of openly licensed courseware aligned with the common core state standards and placed under an attribution license, registered by a nonprofit or for-profit organization with domain expertise in open courseware, that allows others to use, distribute, and create derivative works based upon the digital material, while still allowing the authors or creators to retain the copyright and to receive credit for their efforts.
(b) During the course of identification and development of a library of openly licensed courseware, the superintendent:
(i) May contract with third parties for all or part of the development;
(ii) May adopt or adapt existing high quality openly licensed K-12 courseware aligned with the common core state standards;
(iii) May consider multiple sources of openly licensed courseware;
(iv) Must use best efforts to seek additional outside funding by actively partnering with private organizations;
(v) Must work collaboratively with other states that have adopted the common core state standards and collectively share results; and
(vi) Must include input from classroom practitioners, including teacher-librarians as defined by RCW
28A.320.240, in the results reported under subsection (2)(d) of this section.
(2) The superintendent of public instruction must also:
(a) Advertise to school districts the availability of openly licensed courseware, with an emphasis on the fact that the courseware is available at no cost to the districts;
(b) Identify an open courseware repository to which openly licensed courseware identified and developed under this section may be submitted, in which openly licensed courseware may be housed, and from which openly licensed courseware may be easily accessed, all at no cost to school districts;
(c) Provide professional development programs that offer support, guidance, and instruction regarding the creation, use, and continuous improvement of open courseware; and
(d) Report to the governor and the education committees of the legislature on a biennial basis, beginning December 1, 2013, and ending December 1, 2017, regarding identification and development of a library of openly licensed courseware aligned with the common core state standards and placed under an attribution license, use by school districts of openly licensed courseware, and professional development programs provided.
(3) School districts may, but are not required to, use any of the openly licensed courseware.
(4) As used in this section, "courseware" includes the course syllabus, scope and sequence, instructional materials, modules, textbooks, including the teacher's edition, student guides, supplemental materials, formative and summative assessment supports, research articles, research data, laboratory activities, simulations, videos, open-ended inquiry activities, and any other educationally useful materials.
(5) The open educational resources account is created in the custody of the state treasurer. All receipts from funds collected under this section must be deposited into the account. Expenditures from the account may be used only for the development of openly licensed courseware as described in this section. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(((6) This section expires June 30, 2018.))
*NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2018, in the omnibus appropriations act, this act is null and void.
*Sec. 3 was vetoed. See message at end of chapter.
Passed by the House March 5, 2018.
Passed by the Senate March 2, 2018.
Approved by the Governor March 27, 2018, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State March 29, 2018.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 3, Engrossed Second Substitute House Bill No. 1561 entitled:
"AN ACT Relating to open educational resources."
Engrossed Second Substitute House Bill 1561 will help expand the use of Open Educational Resources at public higher education institutions. It also intended to make the Open Educational Resources project at the Office of the Superintendent for Public Instruction permanent. I agree with the intended purpose of the bill to increase access to free educational resources to more students. The final budget provided funding to support some of the goals of this bill, including funding for the Washington Student Achievement Council and Washington State Institute for Public Policy; however, funding to continue the Open Educational Resources project at the Office of the Superintendent for Public Instruction in fiscal year 2019 was unintentionally omitted from the final budget. The Office of the Superintendent of Public Instruction is committed to continuing this project and will request the funding for the 2019 supplemental budget. Section 3 is a funding null and void clause that would impact the entire bill.
For these reasons I have vetoed Section 3 of Engrossed Second Substitute House Bill No. 1561.
With the exception of Section 3, Engrossed Second Substitute House Bill No. 1561 is approved."
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