A Report on the Feasibility of Textbook Rental - IBHE

APPENDIX FPublic Comments to DraftaapAssociation of American Publishers, Inc.50 F Street, NW, 4 th FloorWashington, D.C. 20001Telephone: (202) 347-3375Fax: (202) 347-3690www.publishers.orgDecember 22, 2006Ms. Nicole Krneta RogersIllinois Board of Higher EducationPlanning and Budgeting431 East Adams Street, Second FloorSpringfield, IL 62710-1404Dear Ms. Rogers:I want to thank you for the opportunity to review the draft of the Illinois Board of HigherEducation’s (IBHE) study on textbook rental programs and other cost-saving alternatives.The members of the Higher Education Group of the Association of American Publishers (AAP)produce the majority of the traditional textbooks and the instructional and learning technologiesutilized by America’s college and university faculties and students. Our member publishers areworking constantly with faculty to determine their instructional needs and the learning needs ofstudents to raise the national standards for course content and instruction.I have attached AAP’s detailed comments on the report for your review, but wanted to highlighta few key issues.1) We’ve learned that the focus of these kinds of reports center on lowering studentspending on textbooks, not regulating the price of textbooks or issuing price controls.Pricing issues raise constitutional questions. Regulating the business practices of thetextbook publishing industry by forced unpackaging, forced donation of samples or limitson new editions violates the First Amendment to the Constitution and the U.S. CommerceClause.2) As we indicated in our response to your questionnaire, publishers cannot provide facultywith the price of course materials sold at the bookstore. Publishers sell their course-70-