Part 2.
TEXAS EDUCATION AGENCY
Chapter 66.
STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS
Subchapter A. GENERAL PROVISIONS
19 TAC §66.10
The State Board of Education (SBOE) proposes an amendment
to §66.10, concerning procedures governing violations of statutes and
administrative penalties relating to the state adoption and distribution of
instructional materials. The rule establishes procedures addressing complaints;
administrative and first- and second-year penalties; categories of factual
errors; penalties for failure to correct factual errors, for selling textbooks
with factual errors, and for failure to deliver adopted instructional materials
in a timely manner; SBOE discretion regarding penalties; and payment of fines.
The proposed amendment would clarify existing provisions and add language
to address failure to deliver teacher components and failure to maintain websites
in state-adopted products.
In subsection (c), the proposed amendment would establish penalties for
errors identified after instructional materials are distributed to schools
that are comparable to the penalties assessed for errors identified prior
to distribution. This proposed amendment would also remove the $3,000 penalty
cap for errors and clarify that factual errors submitted by a publisher should
not be considered "editorial corrections."
In subsection (f), the proposed amendment would clarify that the second-year
penalties provision includes reference to the first-year penalties provisions
described in subsection (e).
In subsection (g), a change recommended by the Texas Coordinators Association
of Texas (TCAT) would clarify that back-order penalties include penalties
for failure to deliver adopted teacher components in a timely manner or in
the quantities which the school district or open-enrollment charter school
is eligible to receive.
In subsection (h), language would be removed to clarify that it is impossible
to determine whether a publisher "knowingly" sold textbooks with factual errors.
New subsection (i) would be added and subsequent subsections relettered
accordingly. New subsection (i) would address penalties for failure to maintain
websites in state-adopted products. In recent years, a number of Internet-based
programs have been adopted. In most cases, the publisher manages web pages
used for the Texas Essential Knowledge and Skills (TEKS) coverage. In the
2003 adoption, however, the board determined that publishers could cover TEKS
by providing a link to another web page whether or not it was managed by the
publisher. New subsection (i) would require that the publisher be responsible
for ensuring that the web page used for TEKS coverage is available throughout
the contract period.
Susan Barnes, Associate Commissioner for Standards and Programs, has determined
that for the first five-year period the amendment is in effect there will
be fiscal implications for state government as a result of enforcing or administering
the amendment. The proposed amendment to §66.10(i) creates new penalties
for publishers who fail to maintain websites in state-adopted products. Historically,
fines are paid by the issuance of credit to the Texas Education Agency (for
instructional materials) in the amount of the penalty. It is not possible
to determine the frequency and amount of penalties that will be incurred;
however, payment of fines will result in an overall cost savings to the state.
There will be no fiscal implications for local government.
Dr. Barnes has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be a more up-to-date rule with changes that can improve
the textbook adoption and distribution process. There will be no effect on
small businesses. There is anticipated economic cost to persons who are required
to comply with the amendment. Adoption of the proposed amendment to §66.10(i)
creates potential costs to publishers of instructional materials.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted
electronically to
rules@tea.state.tx.us
or
faxed to (512) 463-0028. All requests for a public hearing on the proposed
amendment submitted under the Administrative Procedure Act must be received
by the commissioner of education not more than 15 calendar days after notice
of the proposal has been published in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §7.102(c),
which authorizes the SBOE to adopt rules required by TEC, Chapter 31; and
under TEC, §31.003, which authorizes the SBOE to adopt rules for the
adoption, requisition, distribution, care, use, and disposal of textbooks.
The proposed amendment implements the Texas Education Code, §7.102(c)
and Chapter 31.
§66.10.Procedures Governing Violations of Statutes--Administrative Penalties.
(a) - (b)
(No change.)
(c)
Penalties for failure to correct factual errors.
(1) - (2)
(No change.)
(3)
A penalty may be assessed for failure to correct a factual
error identified in the list of [
[(4)
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.]
(d) - (e)
(No change.)
(f)
Second-year penalties. The base and per-book penalties
shall be assessed as follows if a publisher, after being penalized for failure
to correct factual errors described in subsections (c)
- (e)
[
(1) - (3)
(No change.)
(g)
Penalties for failure to deliver adopted instructional
materials
, including teacher components,
in a timely manner
or in the quantities the school district or open-enrollment charter school
is eligible to receive
. The SBOE may assess [
(h)
Penalties for selling textbooks with factual errors. The
SBOE may assess administrative penalties in accordance with the Texas Education
Code, §31.151, against a seller of textbooks who [
(i)
Penalties for failure to maintain websites
in state-adopted products. The SBOE may assess administrative penalties against
a publisher who fails to maintain a website or provide a suitable alternative
for conveying the information in the website, or who otherwise fails to meet
the requirements of this subsection. Where applicable, the publisher shall
monitor, update, and maintain any in-house and third party electronic, web-based,
or online products furnished as part of the instructional materials specified
in State of Texas Official Publisher Contract for the period determined by
the SBOE. If, at any time during the contract period, the commissioner of
education determines that electronic, web-based, or online instructional materials
furnished and supplied under the terms of a contract have faulty manufacturing
characteristics or display dated or inferior information, the instructional
materials or information shall be replaced with complying materials or information
by the publishers without cost to the state. The publisher further agrees
that electronic, web-based or online instructional materials listed in a State
of Texas Official Publishers Contract will not be altered in any way that
would remove content from the curriculum. The publisher will not allow advertising
of any type to be placed in or associated with the materials. The publisher
will not add any Internet links to the materials without the approval of the
commissioner of education, will not redirect any user accessing the web-based
or online instructional materials to other Internet or electronic sites, and
will not collect any information about the user or computer accessing the
materials that would allow determination of personal information, including
email addresses. This section applies only to a website that is a component
used to address Texas Essential Knowledge and Skills as part of a state-adopted
product.
(j)
[
(k)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 13, 2006.
TRD-200601581
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 475-1497
19 TAC §§66.27, 66.28, 66.33, 66.36, 66.48, 66.51, 66.54, 66.60, 66.66, 66.69, 66.75
The State Board of Education (SBOE) proposes amendments to §§66.27,
66.28, 66.33, 66.36, 66.48, 66.51, 66.54, 66.60, 66.66, 66.69, and 66.75,
concerning the state adoption of instructional materials. The rules establish
procedures addressing the proclamation, public notice, and schedule for adopting
instructional materials; adoption by reference; appointment, duties, and conduct
of state review panels; statement of intent to bid instructional materials,
instructional materials purchased by the state; samples; public comment on
instructional materials; consideration and adoption of instructional materials
by the SBOE; ancillary materials; and revised editions. The proposed amendments
would update and clarify these rules, as follows.
In §66.27, Proclamation, Public Notice, and Schedule for Adopting
Instructional Materials, the proposed amendment would modify subsection (a)
to clarify that publishers are not required to register to receive notice
of the proclamation. Subsection (c) would also be revised to allow use of
the Internet for notification of proclamations and for soliciting input from
the publishing industry concerning maximum costs.
In §66.28, Adoption by Reference, the proposed amendment would update
reference to current proclamations. To comply with Texas Education Code (TEC), §28.002(c),
each year the SBOE adopts by reference the Texas Essential Knowledge and Skills
(TEKS) that are to be used for evaluating instructional materials submitted
for consideration under a proclamation. The proposed amendment would remove
the reference to TEKS in Proclamations 2001 and 2002 since the products were
reviewed and adopted in 2003 and 2004, respectively. The proposed amendment
would add the reference to the TEKS in Proclamations 2004 and 2005 that will
be used to evaluate new products submitted in 2006 and 2007. The proposed
amendment would also add reference to the Texas Education Agency (TEA) website
for viewing proclamations.
In §66.33, State Review Panels: Appointment, the proposed amendment
would add language to subsection (a) requiring that the commissioner of education
ensure that each state textbook review panel includes academic experts in
the content area for which the new instructional materials have been submitted.
This proposed amendment considers a recommendation made by the Sunset Advisory
Commission in 2005 and subsequent clarification by the SBOE. Academic expert
was defined so as to include not only university professors but also classroom
teachers with strong academic backgrounds.
In §66.36, State Review Panels: Duties and Conduct, the proposed amendment
would add language to subsection (a) to include clarification that panel members
must use the SBOE-approved definition of TEKS coverage included in the SBOE-approved
question and answer document that becomes a formal part of the review and
adoption process.
The proposed amendment to 19 TAC §66.36 is proposed in the context
of a pending Attorney General's opinion request (RQ-0430-GA). The SBOE will
be guided by the resulting Attorney General's opinion in adopting a final
rule.
In §66.48, Statement of Intent To Bid Instructional Materials, the
proposed amendment would add language to subsection (a) to require publishers
to provide preliminary price information at the time statements of intent
to bid are submitted. This proposed amendment would provide publishers and
staff additional time to review and compile pricing information and resolve
issues on pricing and maximum costs that publishers might have.
In §66.51, Instructional Materials Purchased by the State, the proposed
amendment would delete language in subsection (a)(2) that prohibits a publisher
from submitting a final bid price for the program that exceeds the preliminary
price. The preliminary price would be submitted with the state of intent to
bid information. Subsection (a)(5) would be modified to coincide with the
proposal that publishers submit price information with the statement of intent
to bid rather than with the official samples. Subsection (a)(6) would be modified
to clarify that individual component prices are replacement costs for school
districts and are not bid prices that should be offered by the publishers.
Subsection (a)(8) would be modified, as recommended by the Texas Coordinators
Association of Texas (TCAT), to require publishers to mark their nonconsumable
products to indicate that they are nonconsumable. In addition, the revision
to subsection (a)(8) would eliminate the requirement that the publisher's
price for consumable material not exceed the state maximum cost. This requirement
is inconsistent with state law that allows publishers to exceed the maximum
cost with school districts paying the difference.
Subsection (a)(9) would be added to provide clarification to publishers
as to when the state would pay for consumable materials and when the consumable
materials must be provided to school districts for the life of the contract.
Currently, some publishers do not understand that consumable materials must
be provided to districts each year for new students. If the state calls for
consumables, the state budgets for this and pays for them each year. Some
publishers provide consumables for one year, even though the state does not
call for them and then expect the districts to pay for them in the following
years. Publishers that desire year-to-year flexibility in offering any materials
other than those specifically called for should offer these as ancillary or
"free with order" materials.
Subsection (a)(11) would be added to include the Texas Sunset Commission
finding that the current "textbook process does not maximize the use of the
State's textbook funds." Currently, the state pays up to the approved maximum
cost for all adopted textbooks, including those that do not fully cover the
TEKS. This proposed change would enable the state to save funds by reducing
the maximum cost that could be paid for nonconforming textbooks.
In §66.54, Samples, the proposed amendment would change language in
subsection (a) to generalize the requirement for printed samples to be complete
as to content so as to extend the requirement to electronic media. The current
rule refers to publishers' submissions of instructional materials with "finished-format
binding." The proposed amendment would address Internet-based or electronic
products and require that programs of these types be submitted in final form
and completely functional.
Subsections (d) and (h) would be modified to reduce the number of samples
to be filed with the agency prior to and after state adoption. Subsection
(d) would also eliminate the requirement that preliminary price information
be submitted with the sample. This change would coincide with the proposal
that price information be submitted with the statement of intent to bid.
Subsection (e) would be revised to address delivery of samples for review
by state review panels. Most samples are now submitted by publishers directly
to the meeting location. The proposed amendment would also address specifications
regarding correlations, supplementary materials, and the definition of instructional
materials. Correlations include location of TEKS in products being reviewed
and are used primarily as resources for staff. Deleting "supplementary materials"
is consistent with the practice of allowing a wide range of materials to be
submitted for adoption.
In §66.60, Public Comment on Instructional Materials, the proposed
amendment would provide for public hearing testimony by non-Texas residents
with priority given to Texas residents. In 2003, a number of requests to speak
at public hearings were submitted by non-Texas residents. The SBOE proposes
to allow residents of other states to participate in public hearings instead
of continuing the current practice of allowing only residents of Texas to
provide official testimony.
In §66.66, Consideration and Adoption of Instructional Materials by
the State Board of Education, the proposed amendment would revise subsection
(a) to eliminate the need for publishers to provide proof of authority to
do business in Texas. This document is no longer required for participation
in the adoption process. In subsection (c), the proposed amendment would clarify
that each student expectation in the TEKS must be addressed in order for a
program to be considered conforming. Current rule refers to performance descriptions
rather than student expectations.
The proposed amendment to 19 TAC §66.66 is proposed in the context
of a pending Attorney General's opinion request (RQ-0430-GA). The SBOE will
be guided by the resulting Attorney General's opinion in adopting a final
rule.
In §66.69, Ancillary Materials, the proposed amendment would add a
definition of ancillary materials to ensure that all publishers have a common
understanding of what constitutes an ancillary. Currently, different publishers
use the term in different ways. Also for clarification, language would be
added to reference open-enrollment charter schools along with reference to
school districts.
In §66.75, the proposed amendment would change the title to "Revisions,
Updates, and Substitutions" from "Revised Editions." Subsections (a) and (c)
would be modified to add language to address electronic textbooks and Internet
products. Ease of revision should not exempt electronic textbooks and Internet
products, as instructional materials, from equal compliance with this rule.
When school districts upgrade to a newer version of a computer operating system
and the publisher has a corresponding software product available, it should
be made available without regard to the one-year-policy. A new subsection
(d) would be added to include the provision that publishers must certify in
writing that the new materials meets the applicable TEKS and is free from
factual errors. Relettered subsection (e) would be modified to include reference
to revisions and updates and well as substitution requests. Relettered subsection
(f) would be modified to specify the requirement for SBOE approval of all
requests for revisions, updates, or substitutions involving content prior
to their introduction into state-adopted instructional materials. The proposed
amendment would also establish that the SBOE may assess penalties against
publishers that fail to obtain the necessary prior approval. The SBOE has
statutory responsibility to monitor all revisions in all approved instructional
materials for conformity to the TEKS and freedom from factual errors.
New subsection (g) would be added to specify that publishers must request
approval from the commissioner of education for electronic design changes
and/or updates that do not include changes to TEKS coverage or new content.
It would be more efficient if technological changes such as performance (programming
upgrades), increased speed, user friendly design features (navigation, improved
functionality), and technology upgrades (maintenance, changes in operating
systems) are approved by the commissioner. The time needed for SBOE review
and approval for changes not related to content could delay classroom use
of the electronic instructional materials already adopted.
New subsection (h) would be added, as recommended by the TCAT, to address
the availability of the previous version of state adopted textbooks for school
districts that choose to continue using the previous version.
New subsections (i) - (m) would be added to address alternate formats of
SBOE-approved products that may be provided by publishers. If a school district
prefers a newer version of a program or an alternative format for the same
content, the product should be available without further SBOE review. If the
TEA agrees that the alternate format includes the same SBOE-approved content,
school districts would be made aware that it is available and publishers would
work with districts to supply the appropriate format.
Susan Barnes, Associate Commissioner for Standards and Programs, has determined
that for the first five-year period the amendments are in effect there will
be fiscal implications for state government as a result of enforcing or administering
the amendments. The proposed amendment to §66.51(a)(11) presents additional
potential cost savings to the state by basing the maximum cost of nonconforming
instructional materials on the percentage of TEKS elements contained therein.
Because it is not possible to project how many publishers will submit nonconforming
materials or what percentage would be applied, it is impossible to estimate
the savings. There will be no fiscal implications for local government.
Dr. Barnes has determined that for each year of the first five years the
amendments are in effect the public benefit anticipated as a result of enforcing
the amendments will be a more up-to-date rule with changes that can improve
the textbook adoption and distribution process. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the amendments.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted
electronically to
rules@tea.state.tx.us
or
faxed to (512) 463-0028. All requests for a public hearing on the proposed
amendments submitted under the Administrative Procedure Act must be received
by the commissioner of education not more than 15 calendar days after notice
of the proposal has been published in the
Texas Register
.
The amendments are proposed under the Texas Education Code, §7.102(c),
which authorizes the SBOE to adopt rules required by TEC, Chapter 31; and
under TEC, §31.003, which authorizes the SBOE to adopt rules for the
adoption, requisition, distribution, care, use, and disposal of textbooks.
The amendment implements the Texas Education Code, §7.102(c) and Chapter
31.
§66.27.Proclamation, Public Notice, and Schedule for Adopting Instructional Materials.
(a)
The State Board of Education (SBOE) shall issue a proclamation
calling for new instructional materials according to the review and adoption
cycles for foundation and enrichment subjects adopted by the SBOE. The proclamation
shall serve as notice to all [
(b)
(No change.)
(c)
A draft copy of the proclamation shall be provided to each
member of the SBOE and to designated representatives of the publishing industry
to solicit input on maximum costs before the SBOE considers the proclamation.
In addition, the Texas Education Agency
(TEA)
shall
solicit
input from the publishing industry
[
(d)
(No change.)
§66.28.Adoption by Reference.
(a)
The sections titled "Content Requirements"
in the
Proclamation 2004 of the State Board of Education
Advertising for Bids on Instructional Materials
are adopted by this
reference as the State Board of Education's official rule governing essential
knowledge and skills that shall be used to evaluate instructional materials
submitted for consideration under Proclamation 2004. A copy of the
Proclamation 2004 of the State Board of Education Advertising for Bids on
Instructional Materials
is available for examination during regular
office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays,
at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.
(b)
The sections titled "Content Requirements"
in the
Proclamation 2005 of the State Board of Education
Advertising for Bids on Instructional Materials
are adopted by this
reference as the State Board of Education's official rule governing essential
knowledge and skills that shall be used to evaluate instructional materials
submitted for consideration under Proclamation 2005. A copy of the
Proclamation 2005 of the State Board of Education Advertising for Bids on
Instructional Materials
is available for examination during regular
office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays,
at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.
[(a)
The sections titled "Content Requirements"
in the 2001 Proclamation of the State Board of Education Advertising for Bids
on Instructional Materials are adopted by this reference as the State Board
of Education's official rule governing essential knowledge and skills that
shall be used to evaluate instructional materials submitted for consideration
under Proclamation 2001. A copy of the 2001 Proclamation of the State Board
of Education Advertising for Bids on Instructional Materials is available
for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except
holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North
Congress Avenue, Austin, Texas 78701.]
[(b)
The sections titled "Content Requirements"
in the 2002 Proclamation of the State Board of Education Advertising for Bids
on Instructional Materials are adopted by this reference as the State Board
of Education's official rule governing essential knowledge and skills that
shall be used to evaluate instructional materials submitted for consideration
under Proclamation 2002. A copy of the 2002 Proclamation of the State Board
of Education Advertising for Bids on Instructional Materials is available
for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except
holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North
Congress Avenue, Austin, Texas 78701.]
§66.33.State Review Panels: Appointment.
(a)
The commissioner of education shall: determine the number
of review panels needed to review instructional materials under consideration
for adoption, determine the number of persons to serve on each panel, and
determine the criteria for selecting panel members. Each appointment to a
state review panel shall be made by the commissioner of education with the
advice and consent of the State Board of Education (SBOE) member whose district
is to be represented.
The commissioner of education shall make appointments
to state textbook review panels that ensure participation by academic experts
in each subject area for which instructional materials are being considered.
The term academic expert includes not only university professors but also
public school teachers with a strong background in a particular discipline.
(b) - (d)
(No change.)
§66.36.State Review Panels: Duties and Conduct.
(a)
The duties of each member of a state review panel are to:
(1)
evaluate all instructional materials submitted for adoption
in each subject assigned to the panel to determine if essential knowledge
and skills are covered
. Panel members will use State Board of Education-approved
procedures for evaluating coverage of the essential knowledge and skills
;
(2) - (4)
(No change.)
(b) - (d)
(No change.)
(e)
Members of each state review panel may be required to be
present at the State Board of Education [
§66.48.Statement of Intent to [
(a)
Each publisher who intends to offer instructional materials
for adoption shall submit a statement of intent to bid
and preliminary
price information
on or before the date specified in the schedule for
the adoption process. The statement of intent
with preliminary price
information
shall be accompanied by publisher's data submitted in a
form approved by the commissioner of education.
(b) - (e)
(No change.)
§66.51.Instructional Materials Purchased by the State.
(a)
Instructional materials offered for adoption by the State
Board of Education (SBOE).
(1)
(No change.)
(2)
The official bid price of an instructional material submission
may
[
(3) - (4)
(No change.)
(5)
Any discounts offered for volume purchases of adopted instructional
materials shall be included in price information submitted with
statement
of intent to bid
[
(6)
The official bid filed by a publisher shall include separate
prices for each item included in an instructional material submission. The
publisher shall guarantee that individual items included in the student and/or
teacher component shall be available for local purchase at the individual
prices listed for the entire contract period.
(Individual component prices
are listed to show school districts the replacement costs of components and
not to reflect publisher's bid prices for these components.)
(7)
(No change.)
(8)
Instructional materials submitted for adoption shall be
self-sufficient for the period of adoption. Nonconsumable components shall
be
clearly marked as nonconsumable and
replaced by the publisher
during the warranty period. Consumable materials included in a student or
teacher component of a submission shall be clearly marked as consumable. The
cost of such consumables to the state for the entire contract period
may
[
(9)
Student packages of instructional materials
offered for adoption shall not include consumable components unless the consumable
material is specifically called for by the TEA at a specified maximum cost.
(10)
[
(11)
The SBOE shall reduce the approved maximum
cost for each nonconforming instructional material. The reduced maximum cost
for each adopted nonconforming instructional material shall be equal to the
original maximum cost for that instructional material times a certain percentage.
This percentage shall be the same as the percentage of elements of the essential
knowledge and skills covered by the instructional material and that was used
by the SBOE to determine whether the instructional material should be designated
as conforming, nonconforming, or rejected per the Texas Education Code. Each
performance description shall count as an independent element of the essential
knowledge and skills of the subject. For those courses where a student expectation
is not identified, the knowledge and skill will replace the student expectation
to determine the percentage of student expectations addressed. The reduced
maximum cost for nonconforming instructional materials will apply to both
foundation and enrichment courses. For nonconforming instructional materials,
the state shall be responsible for payment to the publisher in an amount only
equal to the reduced maximum cost. A school district ordering nonconforming
instructional materials is responsible for the portion of the cost that exceeds
the reduced state maximum cost.
(b)
(No change.)
§66.54.Samples.
(a)
Samples of student and teacher components of instructional
materials submitted for adoption shall be complete as to content and representative
of finished[
(b) - (c)
(No change.)
(d)
Two
[
(e)
One sample copy of each student and teacher component of
an instructional materials submission shall be filed with each member of the
appropriate state review panel
in accordance with instructions provided
by the TEA
[
(f) - (g)
(No change.)
(h)
Two
[
(i)
(No change.)
§66.60.Public Comment on Instructional Materials.
(a)
(No change.)
(b)
Public hearing before the SBOE. On a date specified in
the schedule for the adoption process, the SBOE shall hold a hearing on instructional
materials submitted for adoption that may, at the discretion of the SBOE chair,
be designated an official meeting of the SBOE.
(1)
Testimony at the hearing shall be accepted
from Texas
residents and non-residents with priority given to Texas residents
[
(2) - (4)
(No change.)
(c)
Public comment on instructional materials not adopted on
schedule. Public comment on instructional materials not adopted by the SBOE
on the date specified in the schedule for the adoption process shall be accepted
according to the SBOE Operating Rules, §2.10 (
relating to
[
§66.66.Consideration and Adoption of Instructional Materials by the State Board of Education.
(a)
Publishers shall file
three copies of the official
bid form
[
[(1)
three copies of the official bid form;
and]
[(2)
appropriate proof of authority to do
business in the State of Texas.]
(b)
(No change.)
(c)
By a vote of a majority of the SBOE, the SBOE shall adopt
a list of conforming instructional materials and a list of nonconforming instructional
materials under the Texas Education Code, §31.023 and §31.024. Instructional
materials may be rejected for:
(1)
failure to meet essential knowledge and skills specified
in the proclamation. In determining the percentage of elements of the essential
knowledge and skill covered by instructional materials, each
student
expectation
[
(2) - (4)
(No change.)
(d)
(No change.)
§66.69.Ancillary Materials.
"Ancillary materials" are defined by the Texas Education Agency
(TEA) as materials that are not listed on the publisher's intent to bid statement
but which the publisher plans to provide to districts and open-enrollment
charter schools free with their order.
A publisher of adopted instructional
materials shall provide any ancillary item free of charge or at the same price
discount to the same extent that the publisher provides the item free of charge
or at a price discount to any state, public school, or school district in
the United States. Free or discounted price ancillary items will be distributed
equitably to all school districts and
open-enrollment
[
§66.75. Revisions, Updates, and Substitutions [
(a)
A publisher may submit a request to the commissioner of
education for approval to substitute a revision,
an
update, or
a
later edition of state-adopted instructional materials. A publisher
requesting a substitution shall provide the request in writing, along with
two copies of the revision, update, or later edition, and one copy of the
corresponding state-adopted instructional material.
This section includes
electronic textbooks and Internet products for which all users receive the
same updates or revisions.
(b)
(No change.)
(c)
Requests
[
(d)
Publishers submitting requests for approval
of revisions, updates, or substitutions must certify in writing that the new
material meets the applicable essential knowledge and skills and is free from
factual errors.
(e)
[
(f)
[
(g)
Publishers shall request approval from
the commissioner of education for electronic design changes and/or updates
that improve performance, design, and technology capabilities that enhance
the operation and usage for students and teachers but do not include changes
to Texas essential knowledge and skills coverage or new content.
(h)
Publishers must agree to supply the previous
version of state-adopted textbooks to school districts that choose to continue
using the previous version during the duration of the original contract. This
subsection does not apply to online instructional materials.
(i)
A publisher of instructional materials
may provide alternative formats for use by school districts if:
(1)
the content is identical to SBOE-approved content;
(2)
the alternative formats include the identical revisions
and updates as the original product; and
(3)
the cost to the state and school is equal to or less than
the cost of the original product.
(j)
Alternative formats may be developed and
introduced at a time when the subject or grade level is not scheduled in the
cycle to be considered for at least two years, in conformance with the procedures
for adoption of other state-adopted materials.
(k)
Publishers must notify the commissioner
of education in writing if they are providing SBOE-approved products in alternative
formats.
(l)
Publishers are responsible for informing
districts of the availability of the alternative formats and for accurate
fulfillment of these orders.
(m)
The commissioner of education may add
alternative formats of SBOE-approved products to the list of available products
disseminated to school districts.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 13, 2006.
TRD-200601582
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 475-1497
editorial
] corrections submitted
by a publisher under §66.54(g) of this title (relating to Samples)
,
[
or
] for failure to correct a factual error identified
in the report of the commissioner of education under §66.63(d) of this
title (relating to Report of the Commissioner of Education) and required by
the SBOE
, or for any errors that are identified after the textbooks have
been distributed to school districts and open-enrollment charter schools
.
The publisher shall provide an errata sheet approved by the commissioner of
education with each teacher component of an adopted title.
and (d)
] of this section, repeats the violation in the subsequent adoption.
administrative
]
penalties
as allowed by law
against publishers who fail to deliver
adopted instructional materials
, including teacher components specified
by §66.51(a)(3) of this title (relating to Instructional Materials Purchased
by the State),
in accordance with provisions in the contracts.
knowingly
]
sells textbooks with factual errors.
(i)
] State Board of Education discretion
regarding penalties. 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.
(j)
] Payment of fines. Each affected
publisher shall issue credit to the Texas Education Agency (TEA) in the amount
of any penalty imposed under the provisions of this section. When circumstances
warrant it, TEA is authorized to require payment of penalties in cash within
ten days. Each affected publisher who pays a fine for failure to deliver adopted
instructional materials in a timely manner will not be subject to the liquidated
damages provision in the publisher's contract for the same failure to deliver
adopted instructional materials in a timely manner.
Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS
registered
] publishers and to the
public that bids to furnish new materials to the state are being invited.
The proclamation shall be issued at least 24 months before the scheduled adoption
of the new instructional materials by the SBOE.
hold a public meeting
]
regarding the draft proclamation
, including maximum costs,
[
with representatives of the publishing industry 60-90 days
] prior to
the scheduled adoption [
of the proclamation
] by the SBOE.
The TEA may use the Internet to facilitate this process.
Any revisions
recommended as a result of
input from
[
the meeting with
]
publishers shall be presented to the SBOE along with the subsequent draft
of the proclamation.
(SBOE)
] meeting at which
instructional materials are adopted.
To ] Bid Instructional Materials.
shall not
] exceed the price included with the
statement of intent to bid
[
official sample
] filed under
§66.48 of this title (relating to Statement of Intent to Bid Instructional
Materials)
[
§66.54 of this title (relating to Samples)
].
official samples
] and in the official bid.
shall not
] exceed the maximum cost established in the
proclamation.
School districts may be required to pay the difference
between the state maximum cost and the actual cost of the materials.
(9)
] On or before the deadline
established in the schedule of adoption procedures, publishers shall submit
correlations of instructional materials submitted for adoption with essential
knowledge and skills required by the proclamation. Correlations shall be submitted
in a format approved by the commissioner of education.
-
]format [
binding
].
Electronic textbooks
submitted for adoption, including Internet-based products, must be representative
of the final product and completely functional.
Three
] official sample copies
of each student and teacher component of an instructional materials submission
shall be filed with the TEA on or before the date specified in the schedule
for the adoption process.
The TEA may request additional samples if they
are needed.
[
Price information required by the commissioner of
education shall be included in each sample.
] In addition, the publisher
shall provide a complete description of all items included in a student and
teacher component of an instructional materials submission.
on or before the date specified in the schedule for
the adoption process
]. To ensure that the evaluations of state review
panel members are limited to student and teacher components submitted for
adoption, publishers shall not provide
correlations,
ancillary
materials, [
supplementary materials,
] or descriptions of ancillary
[
or supplementary
] materials to state review panel members.
Texas Education Code, §31.002(3), defines a textbook as a book, a system
of instructional materials, a combination of a book and supplementary instructional
materials that conveys information to the student or otherwise contributes
to the learning process, or an electronic textbook.
Three
] complete sample copies
of each student and teacher component of adopted instructional materials that
incorporate all corrections required by the SBOE shall be filed with the commissioner
of education on or before the date specified in the schedule for the adoption
process. In addition, each publisher shall file an affidavit signed by an
official of the company verifying that all corrections required by the commissioner
of education and SBOE have been made. Corrected samples shall be identical
to materials that will be provided to school districts after purchase.
only from residents of Texas
]. Copies of speeches made at the hearing
may be distributed to SBOE members. No other written material may be distributed
during the hearings. Persons who wish to testify must notify the commissioner
of education on or before the date specified in the schedule for the adoption
process. The notice must identify the subject areas and titles about which
testimony will be presented. The SBOE may limit the time available for each
person to testify.
concerning
] Public Testimony).
the following documents
] with the commissioner
of education according to the schedule for the adoption process
.
[
:
]
performance description
] shall count as an independent
element of the essential knowledge and skills of the subject;
open
enrollment
] charter schools regardless of size. The title of each ancillary
item that a publisher will make available to school districts
and open-enrollment
charter schools
at no charge and the ratio at which each item shall
be supplied shall be filed with the
TEA
[
Texas Education Agency
(TEA)
] according to the schedule contained in the proclamation. A publisher
must notify TEA of any ancillaries provided to school districts
and open-enrollment
charter schools
that are not listed with TEA. All packages of ancillary
materials shipped to school districts
and open-enrollment charter schools
shall be labeled, "Ancillary Materials--Not Reviewed by the State Board
of Education."
Revised Editions ].
Except for electronic instructional
materials, requests
] for approval of
revisions, updates, or
substitutions
shall not be approved during the first year of the original contract
unless the commissioner of education determines that changes in technology,
curriculum, or other reasons warrant the revisions, updates, or substitutions
.
(d)
] Responses from the commissioner
of education to
revisions, updates, or
substitution requests shall
be provided within 30 days after receipt of the request.
(e)
]
All requests
[
Requests
] for
revisions, updates, or
substitutions
involving content in
[
of
] state-adopted instructional materials
[
with revised editions
] must be approved by the State Board of
Education (SBOE)
prior to their introduction into state-adopted instructional
materials. The SBOE may assess penalties as allowed by law against publishers
who fail to obtain approval for revisions, updates, or substitutions to content
in state-adopted instructional materials prior to delivery of the materials
to school districts.
[
if the revised edition differs in its coverage
of the Texas essential knowledge and skills from the original submission adopted
by the SBOE.
]
Subchapter C. LOCAL OPERATIONS