Higher Education Act Reauthorization

Higher Education Act Reauthorization

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Efforts to pass a comprehensive reform (called a reauthorization) of the Higher Education Act (HEA) have stalled this year due in part by the impact COVID-19. The House Education and Labor Committee passed a reauthorization bill H.R. 4674, The College Affordability Act of 2020 out of committee on October 31, 2019. The CAA made minor revisions to Sec. 133 Textbook Disclosures encouraging institutions to inform students about open educational resources and inclusive access programs. The CAA also authorized the pilot OER program already in its third year of funding. The CAA has yet to receive consideration by the full House of Representatives. Meanwhile, the Senate education committee has yet to introduce a comprehensive reauthorization proposal. The committee chairman who is retiring after this Congress has proposed smaller packages of reform to parts of the law. It is likely a comprehensive reauthorization will be considered in the next Congress starting in 2021.

The Issue

The HEA is reformed by Congress through what is called the “reauthorization” process with a major overhaul of the law every 6-10 years. Following passage of a reauthorization, like the HEOA in 2008, regulations and guidance follow for the next several years. Since the introduction of standalone federal textbook affordability legislation in Congress 15 years ago, eventually leading to amendments in the Higher Education Act (HEA) in 2008 in the Higher Education Opportunity Act (HEOA), the HEA has been a major strategic priority of the association. The HEA includes a number of provisions addressing course materials:

• Sec. 133 textbook information disclosures and collaboration 
• Sec. 443 and Sec 462 financial aid
• Sec. 472 cost of attendance including books and supplies
• HEOA Sec 803 grants, Subpart 3 accessibility.


Several stand-alone proposals have also been introduced for consideration within the reauthorization of the HEA including:

Why it matters to college stores

Textbook disclosure provisions are a condition of participating in the Title IV program. Federal Pell Grants, loans, and campus-based aid programs like work study are critically important to students’ ability to go to college and for colleges and universities to support students. The law and subsequent regulations impact nearly all college stores in the nation by regulating the course material adoption process.

NACS advocates for a stronger HEA


NACS members made a concerted effort to support effective implementation of the textbook provisions of HEA earning praise by Senator Dick Durbin, lead sponsor of the textbook provisions and a positive review of the implementation documented by the U.S. Government Accountability Office in its 2013 compliance report. The significant reduction in student costs and spending on required course materials over the last decade further illustrates the hard work of college stores to implement and support affordability initiatives such as textbook rentals, online marketplaces, digital solutions and open educational resources.


Based on extensive discussions and research with the membership, the Government Relations Council and external groups, the NACS developed a set of policy recommendations and supporting amendment language for the next HEA reauthorization summarized here.

Our key recommendations focus on:

·      Preserving and enhancing course material affordability and transparency provisions

·      Updating terminology in HEA and improve cost of attendance estimates and information for students

·      Continuing efforts to make course materials more accessible for students with disabilities

·      Maintaining federal work study and focus more on career building opportunities including in the retail sector


Many of these proposed changes have been incorporated into the House CAA, a House Republican substitute HEA bill  and free standing legislation we have endorsed including S. 1036 and H.R. 2107, Affordable College Textbook Act of 2019. NACS also worked with other stakeholders on H.R.5312 - AIM HIGH Act, which is designed to strengthen  the accessibility of instructional materials for students with disabilities.

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