As campuses expand course materials affordability and access programs to increase convenience and reduce costs for students, administrators must ensure these initiatives are not only affordable but also transparent and student-centered. One of the clearest regulatory expectations is that any institution bundling books and supplies into tuition must provide students with a clear, convenient, and actionable opt-out process.
In its January 2024 announcement, the Department of Education declined to issue new regulations on textbook billing practices, choosing instead to terminate the negotiated rule-making process on cash management. However, the Department made its expectations unmistakably clear: institutions must comply with existing requirements under 34 CFR § 668.164(c) and (m) and adopt best practices that prioritize transparency and student choice.
"Any institution that includes the costs of books and supplies as part of tuition and fees as described in 668.164(c) must ensure they have a clearly communicated and actionable policy under which the student may opt out...”
You can read the Department’s full announcement here: U.S. Department of Education Blog – January 2024 Rulemaking Update.
Regardless of the current political climate or shifting views on the role of the Department of Education, the negotiated rule-making statements send a clear signal: institutions should proactively review their policies and procedures around course materials affordability programs, particularly in areas that affect student rights and financial transparency.
The good news is that most of the technical implementation concerns—such as streamlining the opt-out experience and ensuring it is clearly presented to students—can be managed by VitalSource on behalf of our partner institutions. What institutions need to focus on is developing and clearly communicating policies that reflect regulatory requirements, including options to opt-out.
As affordability programs scale, the risk increases that students may feel locked into purchasing arrangements they don’t fully understand or cannot opt out of easily.
Transparent opt-out processes are:
A compliance safeguard that protects your institution from future regulatory or legal scrutiny.
A trust-building mechanism that affirms student autonomy and enhances program credibility.
A strategic asset, as students who feel empowered are more likely to value and support institutional affordability efforts.
To meet both regulatory requirements and student expectations, consider the following:
Describe opt-out options prominently on registration portals, billing pages, and course material communications.
Use plain language that clearly explains what opting out means, how to do it, and what alternatives are available.
Provide reminders during key decision windows (e.g., add/drop period).
Track opt-out rates and feedback to improve program communication.
Institutions have an opportunity—and responsibility—to ensure that course materials affordability programs deliver on their promise of cost savings without limiting student autonomy. With the technical infrastructure and opt-out delivery managed by our team, administrators can focus on shaping policies and campus communication strategies that promote clarity and trust.