Part II.
Texas Education Agency
Chapter 66.
State Adoption and Distribution of Instructional Materials
The Texas Education Agency (TEA) adopts amendments to 19 TAC §§66.10,
66.48, 66.72, and 66.75, concerning state adoption and distribution of instructional
materials, without changes to the proposed text as published in the May 28,
1999, issue of the
Texas Register
(24 TexReg
3973). The sections implement definitions, requirements, and procedures related
to administrative penalties, statements of intent to bid instructional materials,
contract preparation and completion, and revised editions of state-adopted
instructional materials.
The adopted amendment to §66.10 adds language specifying categories
of factual errors, first-year penalties, and second-year penalties. Publishers
who fail to correct factual errors will be assessed a base penalty plus one
percent of sales. The adopted amendment to §66.48 reflects changes in
textbook adoption activities that permit publishers to add new content to
cover Texas Essential Knowledge and Skills (TEKS) that were not addressed
in their original submissions. The adopted amendment to §66.72 updates
contract procedures for consistency with statute. Language in §66.75
was amended to allow the commissioner of education to approve substituting
a state-adopted electronic product with a revised edition prior to the end
of the first year of contract. Language was also added to §66.75 that
requires State Board of Education (SBOE) approval of revised editions that
differed in its coverage of the TEKS from the original submission adopted
by the SBOE.
The following public comment has been received regarding adoption of the
amendments.
Comment. Concerning §66.10(c)(4), Prentice Hall, Inc. commented whether
the SBOE would assess a penalty in cases where the company identified its
own errors after publication of a textbook. The question comes in light of
Prentice Hall's efforts to use the Internet to identify and correct errors
in textbooks currently in use.
Agency Response. The agency disagrees with the comment. Current rules already
allow the SBOE discretion in determining penalties. Section 66.10(c)(4) states,
"A penalty not to exceed $3,000 may be assessed for each factual error identified
after the deadline established in the proclamation by which publishers must
have submitted corrected samples of adopted instructional materials." In addition,
§66.10(g) states, "The SBOE may, if circumstances warrant, waive or vary
penalties contained in this section for first or subsequent violations based
on the seriousness of the violation, any history of a previous violation or
violations, the amount necessary to deter a future violation, any effort to
correct the violation, and any other matter justice requires." This provision
gives the SBOE maximum flexibility to consider all circumstances, including
identification of errors by the publisher. The SBOE can then decide whether
to assess full penalties, reduced penalties, or no penalties.
Subchapter A. General Provisions