The Honorable Miguel Cardona Secretary
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202

Dear Secretary Cardona,

As representatives of American universities and colleges, we are alarmed to learn that the U.S. Department of Education (ED) is moving to curb access and affordability course materials programs such as Inclusive Access – which are highly effective offerings that provide low-cost, high-quality course materials to students at our nation's institutions of higher education, dramatically increase faculty and student choice, and deliver particularly strong benefits to low income and at-risk populations.

We request that you move quickly and decisively to protect and preserve these critically important options for course materials by retaining the current rules. Given many of the concerns raised during the negotiation sessions, we encourage the Department to consider this feedback in its next draft of language during this process.

By way of background, access and affordability programs such as Inclusive Access were developed by colleges and universities during the Obama-Biden administration when the Department of Education issued federal guidance creating an important mechanism for institutions of higher learning to include course material expenses as part of tuition and fees, with the caveat that those materials had to be offered to students at a cost below the competitive market rate. This move enabled low-income students to pay for course materials through their federal grants and loans–rather than going out of pocket–providing significant relief to those struggling to afford their degree.

In the years that followed the introduction of these programs, the positive impact has been nothing less than extraordinary. More than 1,900 colleges and universities (nearly 50%) from across the country now offer access and affordability programs based on the rules created during the Obama-Biden era.

The response from students has been extremely positive as well. In just one example, 83% of students surveyed at Norfolk State University said that such programs had a positive impact on their academic success, and 89% said that they would be likely to recommend the program to other students.

In terms of affordability, these programs have contributed to a dramatic 57% decline in student spending on course materials over the past decade, according to independent research group Student Watch. As part of that ongoing trend, students now spend an average of just $310 a year in the category, according to the 2023 Trends in College Pricing and Student Aid Report from the College Board. 

While the benefits in terms of affordability are clear, students also always have the choice of opting out of the program and acquiring the course materials they need elsewhere.

In short, these programs are an essential tool for making higher education affordable to a broader range of Americans than ever before.

Additionally, these affordability and access programs accelerate student access to high-quality course materials, providing them seamlessly on or before the first day of class, and dramatically improve student outcomes and retention rates.

Programs providing early access to course materials have been shown to have particularly strong benefits for the most underserved student populations. In fact, recent independent academic research has shown substantial increases in course completion rates for at-risk groups, including Black students (up 21%), students over the age of 25 (up 6%), and female students (up 13%) who participate in these programs.

While there is no one-size fits all solution when it comes to course materials, these programs provide faculty and students with the option to choose high-quality materials at an affordable rate, while at the same time providing critically important support to at-risk groups.

The proposed regulation updates would effectively gut these programs by making it much more difficult for students to apply their federal student aid to course materials, undermining the successful legacy of a key Obama-Biden era campaign promise to bolster quality and affordability in higher education.

Affordability and access programs will, of course, continue to improve and evolve over time. We are committed to enhanced transparency and disclosure for students. But there is simply no good reason to threaten the extraordinary progress that these programs have made in terms of affordability and improved student outcomes over the past eight years.

As college administrators we urge ED to modify your proposed cash management regulation updates and retain the current regulations that make possible an important, successful course material access model that has demonstrated real positive outcomes for students.

Respectfully,