Part 2.
TEXAS EDUCATION AGENCY
Chapter 66.
STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS
The Texas Education Agency (TEA) adopts amendments to 19 TAC §§66.10,
66.28, 66.78, 66.101, 66.104, and 66.107, concerning state adoption and distribution
of instructional materials. The sections specify requirements and procedures
related to administrative penalties, state adoption of instructional materials,
and local operations. Section 66.78 is adopted with changes to the proposed
text as published in the November 30, 2001, issue of the
Texas Register
(26 TexReg 9714). Sections 66.10, 66.28, 66.101, 66.104,
and 66.107 are adopted without changes to the proposed text as published in
the November 30, 2001, issue of the
Texas Register
(26 TexReg 9714) and will not be republished.
House Bill (HB) 992 and HB 623, 77th Texas Legislature, 2001, both affect
the textbook purchase and distribution process. HB 992 pertains to circumstances
under which a publisher or manufacturer of textbooks must maintain or arrange
for a textbook depository in this state. HB 623 pertains to the selection,
distribution, and use of state-adopted textbooks and provides for administrative
and criminal penalties for specific violations of the law. The adopted amendments
to 19 TAC Chapter 66 implement the changes required by HB 992 and HB 623 as
well as several other necessary changes.
In response to comments, the following change has been made to §66.78
since published as proposed.
Subsection (f) was revised to increase the required notification from 30
to 60 days that publishers must give the TEA when changing from one depository
to another. The revision includes the requirement of a 120-day written notification
for newly adopted instructional materials when changing depositories during
the first year of adoption.
The following comments were received regarding adoption of the amendment.
Comment. The chief executive officer of Barrett Kendall Publishing, Ltd.,
commented that under proposed §66.78, publishers must give the TEA at
least 30 days notice when changing textbook depositories. He made the recommendation
to increase the required notification to 60 days, except during the first
year of adoption. During the first year of the adoption, he recommended the
requirement that publishers give the TEA 120 days notice when changing depositories.
He commented that this would ensure that publishers deliver textbooks in a
timely and efficient manner.
Agency Response. The agency agrees with the comment and has modified the
section. The increased notification will ensure that, in the event of depository
changes, publishers' inventories will be transferred to new depositories efficiently
and new depositories will be prepared to receive additional orders.
Comment. A charter school textbook coordinator commented that language
in §66.107 about covering textbooks does not specify if it includes class
sets of textbooks as well as the textbooks that go home with students. The
textbook coordinator asked whether this rule pertains to all student textbooks
being used.
Agency Response. Section 66.107 includes all state-adopted, state-purchased
textbooks, other than electronic textbooks. The textbooks must be covered
by the student under the direction of the teacher.
Subchapter A. GENERAL PROVISIONS
19 TAC §66.10
The amendment is adopted under the Texas Education Code, §31.003,
which authorizes the SBOE to adopt rules for the adoption, requisition, distribution,
care, use, and disposal of textbooks.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200277
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: February 7, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 463-9701
Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS