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HF 789

as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 01:40pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to higher education; establishing the Open Educational Resource
Council; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.27] OPEN EDUCATIONAL RESOURCE COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Digital open source resources. new text end

new text begin (a) For purposes of this section, the
following terms have the meanings given them.
new text end

new text begin (b) "Digital open source resources" means educational materials that are:
new text end

new text begin (1) digital;
new text end

new text begin (2) modular;
new text end

new text begin (3) encoded in an Extensible Markup Language (XML) format or other appropriate
successor format;
new text end

new text begin (4) designed to achieve operability on a range of platforms, including a range of
operating systems and platforms such as tablets and smartphones;
new text end

new text begin (5) placed under a Creative Commons attribution license that allows individuals and
entities to use, distribute, and create derivative works while still allowing the author of
the textbook to receive credit for the author's work; and
new text end

new text begin (6) in conformity with Section 508 of the federal Rehabilitation Act of 1973 (United
States Code, Title 29, section 794d), as amended, and the latest version of the Web Content
Accessibility Guidelines adopted by the World Wide Web Consortium.
new text end

new text begin (c) "Education materials" includes any material that is used by a faculty member
of an institution of higher education as course material, including but not limited to
textbooks, study guides, worksheets, journals, video, audio recordings, or massive open
online courses.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of council; membership. new text end

new text begin (a) The Open Educational
Resource Council is established.
new text end

new text begin (b) The council consists of the following 11 members:
new text end

new text begin (1) three faculty members from the University of Minnesota, appointed by the
University of Minnesota faculty senate;
new text end

new text begin (2) three faculty members from the Minnesota State Colleges and Universities,
appointed by the inter faculty organization;
new text end

new text begin (3) two faculty members from a state community college, appointed by the
Minnesota State College Faculty;
new text end

new text begin (4) one faculty member from a state technical college, appointed by the Minnesota
State College Faculty; and
new text end

new text begin (5) two faculty members from a Minnesota not-for-profit college or university,
appointed by the Minnesota Private College Council.
new text end

new text begin (c) The director of the Office of Higher Education, or the director's designee,
serves as a nonvoting, ex officio member of the council and shall provide necessary and
appropriate administrative and technical support to the council.
new text end

new text begin (d) The appointments under paragraph (b) must be made by November 1, 2013.
new text end

new text begin (e) The council's membership terms, compensation, filling of vacancies, and removal
of members are as provided in section 15.0575.
new text end

new text begin (f) The council may employ an executive director and any other staff necessary to
carry out the council's functions.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The council is responsible for carrying out the following duties:
new text end

new text begin (1) develop strategies to increase the use of digital open source resources;
new text end

new text begin (2) develop a program that offers faculty of the University of Minnesota, Minnesota
State Colleges and Universities, and Minnesota not-for-profit colleges and universities the
necessary skills to implement the use of digital open source resources into their coursework;
new text end

new text begin (3) develop, if possible, a working partnership with the University of Minnesota
open textbook catalog to increase access to digital open source resources;
new text end

new text begin (4) locate digital open source resources for potential use by the University of
Minnesota open textbook catalog;
new text end

new text begin (5) in partnership with the University of Minnesota open textbook catalog, create
and administer a standardized, rigorous review process for digital open source resources.
This process shall ensure that all digital open source resources have been tested and
validated as having met accessibility requirements for students with disabilities. Digital
open source resources and ancillary materials shall include documentation for students
with disabilities that describes available accessibility features;
new text end

new text begin (6) develop and administer a Web site that allows individuals to search, learn about,
and access digital open source resources; and
new text end

new text begin (7) regularly request and consider, from each of the respective statewide student
associations of the University of Minnesota, the Minnesota State College Student
Association, the Minnesota State University Student Association, and the Minnesota
Association of Private College Students, advice and guidance on digital open source
textbooks, including guidance and advice on issues related to the format, accessibility, and
usability of digital open source textbooks.
new text end

new text begin (b) Nothing in this section mandates that faculty use any digital open source textbook.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin The council may apply for, receive, and spend in the council's
own name grants and gifts of money consistent with the duties specified in this section.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the director of the Office of Higher
Education to carry out the duties required under section 1. Of the amount appropriated
under this section, $....... may be used by the Office of Higher Education for administrative
purposes related to assisting the Open Educational Resource Council to carry out the
council's duties under section 1.
new text end