Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
156.027, 156.400-156.476, 157.100-157.190,
160.345
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.433 and
156.439
require that administrative regulations be promulgated to: define instructional
resources; identify instructional resources eligible for purchase with state
instructional resource funds; identify instructional resources which are
subject to review before being recommended for use; establish a procedure for
the review of instructional resources and a process for adding an instructional
resource to the recommended list; establish a method for calculating and
distributing a school district's instructional resource allocation; and design
a planning instrument for each school to use in documenting its instructional
resource needs during each adoption period. This administrative regulation
establishes the standards and procedures which are necessary to carry out the
statutory requirements dealing with instructional resources.
Section 1. Definitions.
(1) "Alternate format" is defined by
KRS
156.027.
(2) "Instructional resource" means any print,
nonprint, or electronic medium of instruction designed to assist
students.
(3) "Level One" means
full compliance in that the electronic file submitted by the publisher can be
converted into any needed specialized format.
(4) "Level Three" means marginal compliance
in that the electronic file submitted by the publisher has a marginal level of
accessibility and can be converted into some specialized formats only with
significant effort or expense, and is not useable by some students with
significant sensory disabilities.
(5) "Level Two" means provisional compliance
in that the electronic file submitted by the publisher can be converted into
most specialized formats without substantial effort or expense.
Section 2. The content areas
included in each year of the instructional resource adoption cycle shall be:
(1) Grouped based on the:
(a) Content areas in the academic
expectations, which are established in
703 KAR
4:060; and
(b) Commonwealth Accountability Testing
System (CATS) testing groups; and
(2) Arranged into six (6) groups as follows:
(a) Group I - Language Arts and Reading
P-12;
(b) Group II - Social Studies
P-12;
(c) Group III - Science
P-12;
(d) Group IV - Mathematics
P-12;
(e) Group V - Vocational
Studies, including Career and Technical Education, and Practical Living P-12;
and
(f) Group VI - Arts and
Humanities P-12.
Section
3.
(1) Level One. All elements
of the print version shall be provided, including graphics with appropriate ALT
tags, the file format shall be compatible with commonly used Braille
translation and speech synthesis software, and shall be readable with both text
and screen readers. The files shall be provided in XML, XHTML, or HTML format.
The use of graphic image files and other non-text elements shall require:
(a) A text equivalent for every nontext
element;
(b) Row and column headers
be identified for data tables;
(c)
Markup to be used to associate data cells and header cells for data tables that
have two (2) or more logical levels of row or column headers; and
(d) Frames to be titled with text that
facilitates frame identification and navigation.
(2) Level Two. All elements of the print
version shall be provided including graphics, though graphic descriptions shall
not be required. The file format shall be compatible with commonly used Braille
translation and speech synthesis software, and shall be readable with both text
and screen readers. Electronic files shall be in MS Word or Rich Text
Format.
(3) Level Three. All
elements of the print version shall be provided including graphics, though
graphic descriptions may not be required. The file format shall be compatible
with some text and screen readers, but usability is only marginal, and the
format may include unlocked PDF. The file shall also have the following
technical characteristics:
(a) A single PDF
file per book, that allows all front matter, chapters, and back matter pages to
be merged into a single PDF that is in proper page order, from front to
back;
(b) All fonts shall be
embedded using Adobe Distiller;
(c)
All pages may be consistently cropped; and
(d) All images, line drawings, and other
nontext shall be included in either Web-ready resolutions or high resolution.
Section 4.
(1) A vendor submitting a bid shall ship
adequate and appropriate instructional resource samples or program
specifications to the Department of Education, individual State Textbook
Commission members, and to the state review site before the beginning of the
review process. All other pertinent bid information shall be provided by the
bid opening.
(2) When the review
process has been completed and the individual commission members have no
further need for samples in their possession, the samples shall be disposed of
in the following manner:
(a) Reclaimed by the
publishers; or
(b) Transferred to
local school districts, institutions of higher education, or other appropriate
agencies.
Section
5. The vendor shall provide information about the availability of
an alternative format and the technical characteristic of the electronic file
for each instructional resource. The vendor shall identify the electronic file
for the resource as Level One, Level Two, or Level Three. Effective July 1,
2003, any publisher who identifies the electronic file for a resource as Level
Two or Level Three shall provide the Department of Education information
documenting why it is not feasible to provide files meeting Level One
compliance. The Commissioner of Education shall determine whether the publisher
has met the requirement of
KRS
156.027.
Section 6.
(1) Each adoption year before establishing
the state list, the State Textbook Commission shall conduct a hearing for the
following purposes:
(a) Interviewing
publisher agents, representatives, and vendors of instructional resources;
and
(b) Hearing any person or
organization that may have complaints or concerns about an instructional
resource being considered for listing.
(2) A party desiring to be heard shall file
with the Secretary of the State Textbook Commission a written request two (2)
weeks prior to the hearing. The request shall clearly state:
(a) Name and address of the person or
organization requesting the hearing;
(b) Title, author, International Standard
Book Number, and copyright date of the instructional resource in
question;
(c) Sections of the
instructional resource being questioned and nature of concern;
(d) Anticipated problems that would be
created if the instructional resource is adopted; and
(e) Suggested alternatives.
(3) One (1) spokesperson shall
represent a group or organization.
(4) The commission's position and action
shall be forwarded to the concerned parties after the state list has been
established.
Section 7.
(1)
(a) The
Kentucky State Textbook Commission may inquire into and ascertain if any vendor
has:
1. Violated:
a. Any provision of Sections 3 through 16 or
19 of this administrative regulation; or
b. Any provision of
KRS
156.400 through
156.476
or
157.100
through
157.190;
or
2. Used undue
influence or unethical tactics to secure bids or to assure local
adoption.
(b) Undue
influence or unethical tactics shall include:
1. Unsolicited contact by vendors or their
representatives with members of the State Textbook Commission; and
2. The buying for or giving to State Textbook
Commission members, local district personnel, or review committee members
meals, gifts, trips, or entertainment to assure the listing, adoption, or
purchase of their instructional resources.
(c) If there is sufficient evidence that a
vendor may be guilty, the vendor shall be called before the State Textbook
Commission to determine:
1. If violations did
occur; and
2. What course of action
shall be taken.
(2) A vendor proposing to give local
districts free-of-charge items such as reproducible masters, teachers editions,
workbooks, and extra textbooks, if the districts adopt and purchase its items,
shall file a list of gratis items as an official part of its bid.
(3) In addition to textbook sampling required
under
KRS
156.440, a vendor may sample gratis items to
local districts or schools for use in the adoption process. Gratis sampling
shall not be done in a manner to assure the adoption and purchase of a vendor's
instructional resources.
(4) The
State Textbook Commission may refuse to execute or may cancel a vendor contract
upon discovery that the vendor:
(a) Has
violated Sections 3 through 16 or 19 of this administrative regulation;
or
(b) Does not have the ability to
perform all the terms and conditions of the contract.
(5) A bidder for instructional resource
contracts shall file with the Department of Education the name and address of a
Kentucky person, firm, or corporation upon whom process may be
served.
Section 8. A
school administrator, school council chair, or teacher shall not receive
directly or indirectly any gift, reward, or promise of a reward for his
influence in reviewing and selecting instructional resources.
Section 9.
(1) An instructional resource submitted for
recommendation in Kentucky shall meet the "Manufacturing Standards and
Specifications for Textbooks", developed and approved by the National
Association of State Textbook Administrators, in consultation with the
Association of American Publishers and the Book Manufacturer's
Institute.
(2)
(a) A publisher may submit an old copyright
with the official bid. A revised edition shall be submitted before the
commission hearing.
(b) A publisher
may submit a galley proof, incomplete book, or statement of intent with the
official bid. The book shall be complete and on file with the State Textbook
Commission before the date of the commission hearing.
(c) Ancillary materials, including workbooks,
electronic versions, and teacher editions, shall be completed on or before the
July 1 contract date.
Section 10. Inaccurate information, defective
workmanship, or defective material shall be reported by school personnel to the
vendor as soon as detected.
(1) A vendor shall
be held responsible for all inaccurate or defective instructional
resources.
(2) Instructional
resources that show manufacturing defects in the first or second year of use
shall be replaced by the vendor on a one-for-one basis.
(3) After the first two (2) years of use, a
replacement agreement shall be negotiated between the local district and the
vendors. School districts shall start the replacement process as soon as it has
been determined that instructional resources are inaccurate or defective.
Section 11.
(1) A request to substitute revised editions
of textbooks, updated technology, or other instructional resources under
contract shall be considered at the first regular meeting of the calendar year
of the State Textbook Commission to be held on or before May 1.
(2) Substitutions shall not be permitted for
instructional resource to be used the last year of a contract.
(3) The vendor shall agree to supply either
the listed or the substituted item in accordance with the local school
district's request.
(4) The updated
resources shall be at the same price at which the instructional resource was
bid and the content shall be compatible for use with the previous
resource.
(5) The physical
materials and workmanship of the updated resource shall be of equal or better
quality than the previous resource.
(6) Ancillary materials for a substituted
instructional resource shall be available when the publisher submits the
substitution request.
(7) Thirty
(30) days prior to the date of the commission meeting publishers shall provide
a sample of the substituted instructional resource and a list of the changes
with page numbers of the updated material or other reference data that compares
it with the instructional resource presently listed.
Section 12. The cost for instructional
resources to be used in Kentucky shall not be more than twenty (20) percent in
excess of the publisher or provider wholesale price.
Section 13.
(1) The State Textbook Commission shall
direct the process for including instructional resources used as basal programs
on the state list. The commission shall receive assistance in the review and
selection of instructional resources from professional educators and lay
citizens who may serve on a contractual basis.
(2) The Commissioner of Education shall
recommend to the State Textbook Commission names of instructional resource
reviewers with knowledge about the area or areas being considered for
recommendation.
(3) The State
Textbook Commission shall:
(a) Appoint, from
the list of qualified applicants prepared by the Commissioner of Education,
twelve (12) instructional resource reviewers;
(b) Approve the evaluative criteria and
instruments of evaluation developed by the instructional resource reviewers;
and
(c) Select, approve, and
publish a list of high quality instructional resources using the information
submitted by the reviewers.
(4) The instructional resource reviewers
shall:
(a) Be comprised of twelve (12)
individuals, including classroom teachers, other educators, and parents of
children currently enrolled in school who represent a balance of gender, grade
levels, geographic, and ethnic diversity.
(b) Attend meetings and training sessions as
requested by the Department of Education;
(c) Develop and submit to the State Textbook
Commission an instrument of evaluation to be used in reviewing instructional
resources;
(d) Review instructional
resources except those that are ancillary to basal textbook programs to
determine those of high quality; and
(e) Submit to the State Textbook Commission
their recommendations for instructional resources to be placed on the state's
recommended list and shall submit the instruments used in the evaluation
process.
Section
14.
(1) A school may use state
instructional resource funds for the purchase of recommended instructional
resources in any combination based on identified pupil needs. Purchases may
include the following:
(2)
Instructional resources not subject to state review but eligible for purchase
shall include the following:
(a) Reference
books, trade books, pamphlets, periodicals, and other supplemental print
material for student use;
(b)
Supplementary videotapes, slides, and recordings;
(c) Graphic materials, transparencies,
globes, maps, music material, math and science manipulatives, calculators, and
similar material;
(d) Supplementary
electronic instructional materials; and
(e) Individualized learning
programs.
(3) The
following materials and services shall not be eligible to be purchased with
state instructional resource funds:
(a)
Furniture, testing programs, supplementary supplies and workbooks, raw and
blank materials with exception of materials which are integral to the success
of the original approved program as adopted by a school or district but not to
include ancillary and gratis materials;
(b) Audio visual equipment, major
audio-visual installations such as public address systems, sound laboratories,
computers, televisions (including receiving sets and related equipment), and
other equipment; and
(c)
Reproducible master books.
Section 15. A school with grades primary
through eight (8) shall complete an annual plan identifying purchases,
including necessary replacements, to be made with instructional resource funds
according to the adoption cycle. The plan shall assure that an instructional
resource is available in a format designed to provide any reading accommodation
required for a student with an individual education program or a student
identified as needing an accommodation in a Section 504 plan. Use of an
electronic version of a text shall be limited to a student who has an
individual education program or Section 504 plan and the electronic version
shall not be used as a substitute for purchasing a hard copy. The school shall
maintain the original purchase pattern prior to access to the electronic file.
The plan may be revised.
Section 16.
(1) A pupil in grades primary through twelve
(12) with impaired vision shall be considered eligible for the use of
instructional resources in clear type of eighteen (18) to twenty-four (24)
points upon certification by an eye specialist.
(2) Certification of pupils' visual
impairment shall be made by local school districts to the Department of
Education.
(3) Request for large
print textbooks and material shall be directed to the Kentucky School for the
Blind.
(4) A local board of
education shall assume responsibility for the care of large print textbooks and
return them to the Kentucky School for the Blind when no longer
needed.
(5) Large print textbooks
and instructional resources provided by the Kentucky School for the Blind shall
not be charged to the instructional resource account of the local school.
Section 17.
(1) The Department of Education shall prepare
instructional resource budgets annually and allocate funds to local school
districts, based upon the Kentucky General Assembly biennial appropriation, for
the purpose of purchasing instructional resources during each adoption or
funding cycle. The funds shall be used for students in primary through grade
eight (8), exclusively.
(2) If
allocating funds for the purchase of instructional resources, the Department of
Education shall use the pupil membership at the close of the second month of
the current school year.
(3) After
receiving a statement of funds allocated, the superintendent shall notify
within thirty (30) days the school council, or if none exists, the principal,
of the per-pupil allotment to be expended by each school.
(4) Money appropriated in the current fiscal
year shall be spent on instructional resources in that year's adoption cycle.
Money carried over to the next fiscal year may be spent by each school on
instructional resources in accordance with its plan.
Section 18.
(1) A local school district shall:
(a) Establish and maintain an instructional
resource rental program for grades nine (9) through twelve (12); or
(b) Use local funds to provide a free
instructional resource program.
(c)
Instructional resource rental fees for pupils enrolled for less than a full
school year shall be prorated based on the number of days of
membership.
(2) A local
school district shall establish and maintain accounts for the instructional
resource rental program subject to audit. The school council, or if none
exists, the principal, shall be notified regarding the school's
balance.
Section 19.
(1) Instructional resources for high schools
shall be labeled as property of the Commonwealth of Kentucky. For economy in
administration, the uniform label shall be affixed by the publishers in
accordance with the "Manufacturing Standards and Specifications for Textbooks."
The purchase date and the issue date shall be recorded on the uniform
label.
(2) Instructional resource
uniform labels shall not be completed until an examination of the shipment
shows that it agrees in detail with the purchase order. An instructional
resource with label completed shall be classified as used.
(3) A complete record shall be kept by the
school for all state-provided instructional resources for grades primary
through eight (8) and all instructional resources purchased with pupil rental
fees for grades nine (9) through twelve (12).
Section 20.
(1) Pupils or parents shall compensate
schools for instructional resources lost, damaged, or destroyed while in their
possession.
(2) The method and rate
of compensation shall be prorated based on the number of years the
instructional resources have been in use. The total compensation charged to a
pupil or parent shall not exceed the lowest wholesale price of the initial
purchase.
(3) Funds collected shall
be credited to the school's instructional resource account.
Section 21.
(1) A local superintendent shall assume
responsibility for the disposal of instructional resources no longer suitable
for classroom instruction.
(2) Funds
from the sale of the instructional resources shall be credited to the school's
instructional resource account.
Section 22.
(1) A child shall not be denied full
participation in any educational program due to an inability to purchase
necessary instructional resources. A local school district shall make available
free instructional resources to all children in grades nine (9) through twelve
(12) who are unable to rent or purchase instructional resources, using the
eligibility guidelines for the free and reduced price lunch program.
(2) A local school district shall adopt
policies and procedures so that, at the beginning of the school year, pupils or
their parents are given written notice of how to obtain free and reduced rental
instructional resources. The policies and procedures shall also insure that any
written communication regarding payment of fees for instructional resources
shall include a form that parents may use to request waiver or partial waiver
of instructional resource fees.
(3)
A local district shall keep records that include:
(a) The numbers of pupils in grades nine (9)
through twelve (12) receiving free lunches and reduced price lunches;
(b) The number of pupils in grades nine (9)
through twelve (12) who request or apply for, or whose parents request or apply
for, free or reduced rental instructional resources and the number of pupils
receiving free or reduced rental instructional resources; and
(c) Copies of any forms, notices, or
instructions used by schools in the collection of instructional resource fees
or the provision of free or reduced rental instructional resources.
(4) In the provision of
instructional resources to indigent children, a child shall not be
discriminated against because of race, sex, color, national origin, age, or
disability and there shall not be an overt identification of any indigent
children.
Section 23.
(1) A public school student shall have access
to necessary instructional resources which shall be furnished free of charge in
grades primary through eight (8), and, except for students otherwise partially
or wholly exempted from the rental fee, shall have the instructional resources
available for the reasonable rental fee set forth in Section 17 of this
administrative regulation for each subject studied in grades nine (9) through
twelve (12).
(2) Quantities of
instructional resources needed for each student and each classroom shall be
determined at the school level.
Section 24. Incorporation by Reference.
(1) The "Manufacturing Standards and
Specifications for Textbooks", dated August 15, 2002, is incorporated by
reference.
(2) This document may be
inspected, copied or obtained, subject to applicable copyright law, at the
Division of Extended Learning, Department of Education, 17th Floor, Capital
Plaza Tower, Frankfort, Kentucky, 40601, Monday-Friday, 8 a.m. through 4:30
p.m.
STATUTORY AUTHORITY:
KRS
156.027,
156.410,
156.433,
156.437,
156.439,
156.474,
156.476,
157.110,
157.140,
157.150,
157.160