Part 2.
TEXAS EDUCATION AGENCY
Chapter 66.
STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS
The Texas Education Agency (TEA) adopts amendments to 19 TAC §§66.1,
66.7, 66.10, 66.21, 66.24, 66.27, 66.28, 66.36, 66.54, 66.69, 66.78, 66.104,
and 66.131, concerning state adoption and distribution of instructional materials.
The sections establish procedures for the adoption, purchase, and distribution
of instructional materials. The sections also specify definitions, requirements,
and procedures related to: general provisions; state adoption of instructional
materials; local operations; and disposition of instructional materials. Sections
66.1 and 66.10 are adopted with changes to the proposed text as published
in the November 24, 2000, issue of the
Texas Register
(25 TexReg 11622). Sections 66.7, 66.21, 66.24, 66.27, 66.28, 66.36,
66.54, 66.69, 66.78, 66.104, and 66.131 are adopted without changes and will
not be republished. The TEA withdraws the amendment to §66.51 that was
filed as proposed in the November 24, 2000, issue of the
Texas Register
(25 TexReg 11625) in order to consider additional changes.
The notice of withdrawal can be found in the Withdrawn Rules section in this
issue.
The adopted amendments include changes relating to: scope of rules, back-order
penalties; payment of fines; review and adoption cycles; review and renewal
of contracts; maximum cost for instructional materials; adoptions by reference;
samples; ancillary materials; notification of expected ship dates for back-ordered
textbooks; school district responsibility to pay the portion of the cost of
instructional materials above the state maximum; and disposition of out-of-adoption
instructional materials.
A minor technical edit has been made to §66.1 to correct punctuation.
In response to comments, the following changes have been made to §66.10
since published as proposed.
The word "adopted" has been added to subsections (g) and (i) to references
to instructional materials to clarify that the specified penalty provisions
apply to failure to deliver adopted instructional materials.
The following comment was received regarding adoption of the amendments.
Comment. A publisher's representative requested an editorial change to
the language in proposed amendments to §66.10(g) and §66.10(i) to
clarify that references in these subsections refer to failure to deliver adopted
instructional materials in a timely manner.
Agency Response. The agency agrees with the comment and has modified the
section.
Subchapter A. GENERAL PROVISIONS
19 TAC §§66.1, 66.7, 66.10
The amendments are 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.
§66.1.Scope of Rules.
The State Board of Education (SBOE) shall adopt lists of conforming
and nonconforming instructional materials for use in the public schools of
Texas according to the Texas Education Code, Chapter 31, and the requirements
in this chapter. Instructional materials recommended as suitable for use in
special populations, including bilingual education programs, shall be adopted
according to the rules in this chapter for adopting regular instructional
materials.
§66.10.Procedures Governing Violations of Statutes -- Administrative Penalties.
(a)
Complaints. An official complaint alleging a violation
of the Texas Education Code, §31.151, must be filed with the commissioner
of education. The commissioner may hold a formal or informal hearing in the
case of an apparent violation of statute. Upon determining that a violation
has occurred, the commissioner shall report his or her findings to the State
Board of Education (SBOE).
(b)
Administrative penalties. Under the Texas Education Code, §31.151(b),
the SBOE may impose a reasonable administrative penalty against a publisher
or manufacturer found in violation of a provision of §31.151(a). An administrative
penalty shall be assessed only after the SBOE has granted the publisher or
manufacturer a hearing in accordance with the Texas Education Code, §31.151,
and the Administrative Procedure Act.
(c)
Penalties for failure to correct factual errors.
(1)
A factual error shall be defined as a verified error of
fact or any error that would interfere with student learning. The context,
including the intended student audience and grade level appropriateness, shall
be considered.
(2)
A factual error repeated in a single item or contained
in both the student and teacher components of instructional material shall
be counted once for the purpose of determining penalties.
(3)
A penalty may be assessed for failure to correct a factual
error identified in the list of 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. The publisher shall provide an errata
sheet approved by the commissioner of education with each teacher component
of an adopted title.
(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)
Categories of factual errors.
(1)
Category 1. A factual error in a student component that
interferes with student learning.
(2)
Category 2. A factual error in a teacher component only.
(3)
Category 3. A factual error in either a student or teacher
component that reviewers do not consider serious.
(e)
First-year penalties. The base and per-book penalties shall
be assessed as follows for failure to correct factual errors described in
subsections (c) and (d) of this section.
(1)
Category 1 error. $25,000 base plus 1% of sales.
(2)
Category 2 error. $15,000 base plus 1% of sales.
(3)
Category 3 error. $5,000 base plus 1% of sales.
(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) and (d) of this section,
repeats the violation in the subsequent adoption.
(1)
Category 1 error. $30,000 base plus 1% of sales.
(2)
Category 2 error. $20,000 base plus 1% of sales.
(3)
Category 3 error. $10,000 base plus 1% of sales.
(g)
Penalties for failure to deliver adopted instructional
materials in a timely manner. The SBOE may assess administrative penalties
against publishers who fail to deliver adopted instructional materials in
accordance with provisions in the contracts.
(h)
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.
(i)
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.
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 February 12, 2001.
TRD-200100874
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: March 4, 2001
Proposal publication date: November 24, 2000
For further information, please call: (512) 463-9701
19 TAC §§66.21, 66.24, 66.27, 6628, 66.36, 66.54, 66.69, 66.78
The amendments are 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 February 12, 2001
TRD-200100873
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: March 4, 2001
Proposal publication date: November 24, 2000
For further information, please call: (512) 463-9701
19 TAC §66.104
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 February 12, 2001.
TRD-200100872
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: March 4, 2001
Proposal publication date: November 24, 2000
For further information, please call: (512) 463-9701
19 TAC §66.131
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 February 12, 2001.
TRD-200100871
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: March 4, 2001
Proposal publication date: November 24, 2000
For further information, please call: (512) 463-9701
Subchapter D. UNIFORM BANK BID AND DEPOSITORY CONTRACT
Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS
Subchapter C. LOCAL OPERATIONS
Subchapter E. DISPOSITION OF INSTRUCTIONAL MATERIALS
Chapter 109.
BUDGETING, ACCOUNTING, AND AUDITING