Current through Reg. 49, No. 38; September 20, 2024
(a) A publisher with adopted materials shall
comply with product standards and specifications.
(1) Hard copy instructional materials adopted
by the State Board of Education (SBOE) shall comply with the standards in the
latest edition of Manufacturing Standards and Specifications for Textbooks
approved by the National Advisory Commission on Textbook Specifications, as
applicable. A publisher shall file a statement certifying instructional
materials submitted for consideration will meet applicable product standards
and specifications if adopted. Each statement must be made in a format
designated by the commissioner of education, signed by a company official, and
filed on or before the deadline specified in the schedule of adoption
procedures in each proclamation. If the commissioner determines that good cause
exists, the commissioner may approve an exception for a specific portion or
portions of this requirement.
(2) A
publisher that offers electronic instructional materials must provide a report
for each electronic component that verifies that the components follow the Web
Content Accessibility Guidelines (WCAG) identified in the proclamation and
technical standards required by the Federal Rehabilitation Act, Section 508.
The report must be prepared by an independent third party and be based on an
audit testing a random sampling of each different type of electronic component
as outlined in each proclamation. If applicable, the number of pages to be
audited to meet the requirements in the proclamation shall be determined by the
publisher.
(3) A publisher that
provides access to materials to students with disabilities through an alternate
format shall include a link to that material on the entrance page of the main
product.
(4) Materials delivered
online shall meet minimum web-based standards.
(5) If, during the contract period, the
commissioner determines that any adopted instructional materials have faulty
manufacturing characteristics or are made of inferior materials, the materials
shall be replaced by the publisher without cost to the state.
(6) If, during the contract period, the
commissioner determines that any publisher's adopted instructional materials do
not comply with the WCAG standards identified in the proclamation or the
technical standards required by the Federal Rehabilitation Act, Section 508,
the publisher's instructional materials contract may be presented to the SBOE
for termination.
(7) A publisher of
adopted instructional materials shall make available samples that meet the
requirements of this subsection to an SBOE member upon that member's request,
beginning on the date the publishers are required to submit their final samples
to the Texas Education Agency (TEA).
(b) Publishers participating in the adoption
process are responsible for all expenses incurred by their
participation.
(c) A publisher that
intends to offer instructional materials for adoption shall submit a statement
of intent to bid on or before the date specified in the schedule of adoption
procedures.
(1) The statement of intent to bid
shall be submitted in a format designated by the commissioner.
(2) A publisher shall indicate in the
statement of intent to bid the percentage of Texas essential knowledge and
skills or Texas Prekindergarten Guidelines that the publisher believes are
sufficiently covered in each instructional materials submission.
(3) A publisher shall specify hardware and
system requirements needed to review any item included in an instructional
materials submission.
(4) Additions
to a publisher's statement of intent to bid shall not be accepted after the
deadline for filing statements of intent to bid, except as allowed in the
schedule of adoption procedures included in a proclamation.
(5) A publisher that intends to offer
instructional materials for midcycle review shall submit a statement of intent
to bid and price information on or before the date specified in the schedule of
adoption procedures under midcycle review. The statement of intent to bid must:
(A) specify the manner in which instructional
materials will be provided to school districts as specified in §
66.27(k)(2)
of this title (relating to Proclamation, Public Notice, and Schedule for
Adopting Instructional Materials); and
(B) include payment of the fee for review of
instructional materials submitted for midcycle review.
(d) A publisher that intends to
offer instructional materials for review shall comply with the following
requirements for providing pre-adoption samples.
(1) Complete electronic samples of student
and teacher components of instructional materials shall be provided to the TEA
and the 20 regional education service centers (ESCs) on or before the date
specified in the schedule of adoption procedures in a proclamation. Samples
submitted for review shall be complete versions of the final product and must
include all content intended to be in the final product, not just the content
identified in the correlations. Samples of electronic products must be fully
functional for review purposes and meet any other specifications identified in
the proclamation. The original sample submission must remain unchanged through
the entire review and adoption process, though updated samples can be added to
the publisher's submission. These samples are copyrighted by the publisher and
are not to be downloaded for use in classrooms or for any purpose other than
public review.
(2) A publisher of
prekindergarten materials is not required to submit electronic samples of
submitted prekindergarten instructional materials. Samples of submitted
prekindergarten materials must match the format of the products to be provided
to schools upon ordering.
(3)
Electronic samples must be free of sales or marketing materials.
(4) These samples shall be made available
electronically for public review. Publishers of instructional content accessed
electronically shall provide all necessary information, such as locator and
login information and passwords, required to ensure public access to their
programs throughout the review period.
(5) If the commissioner determines that good
cause exists, the commissioner may extend the deadline for filing samples with
ESCs. At its discretion, the SBOE may remove from consideration any materials
proposed for adoption that were not properly supplied to the ESCs, the TEA, or
SBOE members.
(6) A publisher shall
provide a complete description of all student and teacher components of an
instructional materials submission.
(7) On request of a school district, a
publisher shall provide an electronic sample of submitted instructional
materials and may also provide print sample copies.
(8) One sample copy of each student and
teacher component of an instructional materials submission shall be provided
for each member of the appropriate state review panel in accordance with
instructions provided by the TEA. Samples for review must be as free from
factual and editorial error as possible and reflect the quality of the final
product intended to go into classrooms. Publishers have the option to provide
reviewers with print samples, electronic samples in an open file format or
closed format, or galley proofs. An electronic sample of print instructional
materials must be offered in a format that simulates the print or "view only"
version and that does not contain links to external sources. To ensure that the
evaluations of state review panel members are limited to student and teacher
components submitted for adoption, publishers shall not provide ancillary
materials or descriptions of ancillary materials to state review panel members.
The state does not guarantee return of sample instructional
materials.
(9) The TEA, ESCs, and
participating publishing companies shall work together to ensure that hardware
or special equipment necessary for review of any item included in a student
and/or teacher component of an instructional materials submission is available
in each ESC. Participating publishers may be required to lend such hardware or
special equipment to any member of a state review panel who does not have
access to the necessary hardware or special equipment.
(10) Electronic samples must allow for
multiple, simultaneous user access and be equipped with a word-search
feature.
(e) The TEA may
request additional samples if they are needed.
(f) A publisher that intends to offer
instructional materials for adoption shall comply with the following bid
requirements.
(1) Publishers shall file
official bids with the commissioner according to the schedule of adoption
procedures and in a manner designated by the commissioner.
(2) The official bid filed by a publisher
shall include separate prices for each item included in an instructional
materials submission. A publisher shall guarantee that individual items
included in the student and/or teacher component are available for local
purchase at the individual prices listed for the entire contract
period.
(3) A publisher may submit
supplemental bids with new package options or lower prices for existing
packages or components according to the schedule of adoption procedures
included in the proclamation if the publisher filed an initial bid for that
course or grade level by the deadline in the schedule of adoption procedures.
Supplemental bids may not be submitted for prices higher than were provided in
the initial bids.
(g)
Each instructional material or ancillary material that is offered as part of a
bundle must also be available for purchase individually.
(h) A publisher that intends to offer
instructional materials for adoption shall comply with the following additional
requirements.
(1) A publisher shall submit to
the TEA a signed affidavit including the following:
(A) certification that each individual whose
name is listed as an author or contributor of the instructional materials
contributed to the development of the instructional materials;
(B) a general description of each author's or
contributor's involvement in the development of the instructional materials;
and
(C) certification that all
corrections required by the commissioner and SBOE have been made.
(2) Student materials offered for
possible adoption may include consumable components in subjects and grade
levels in which consumable materials are not specifically called for in the
proclamation. In such cases, publishers must meet the following conditions.
(A) The per student price of the materials
must include the cost of replacement copies of consumable student components
for the full term of the adoption and contract, including any extensions of the
contract terms, but for no more than 12 years. The offer must be set forth in
the publisher's official bid.
(B)
The publisher's official bid shall contain a clear explanation of the terms of
the sale, including the publisher's agreement to supply consumable student
materials for the duration of the contract and extensions as noted in
subparagraph (A) of this paragraph.
(C) The publisher and the school district
shall determine the manner in which consumable student materials are supplied
beyond the initial order year.
(i) A publisher may not submit instructional
materials for review that have been authored or contributed to by a current
employee of the TEA.
(j) A
publisher or author may not solicit input, directly or indirectly, on new or
revised content from a member of the state review panel for a product the
panelist reviewed while the product is being considered or even after the
product has been adopted or rejected.
(k) On or before the deadline established in
the schedule of adoption procedures, publishers shall submit correlations of
instructional materials submitted for review with essential knowledge and
skills required by the proclamation. Correlations shall be provided for
materials designed for student use and materials designed for teacher use and
must identify evidence of each student expectation addressed in the ways
specified in §
66.27(h)
of this title. Correlations shall be submitted in a format designated by the
commissioner.
(l) A publisher shall
provide a list of all corrections required to be made to each student and
teacher component of an instructional materials submission to bring them into
compliance with applicable laws, rules, or the proclamation. The list must be
in a format designated by the commissioner and filed on or before the deadline
specified in the schedule of adoption procedures. If no corrections are
necessary, the publisher shall file a statement to that effect in a format
designated by the commissioner on or before the deadline in the schedule for
submitting the list of corrections.
(m) On or before the deadline for submitting
lists of corrections, publishers shall submit certification that all
instructional materials have been edited for accuracy, content, and compliance
with requirements of the proclamation.
(n) One complete electronic sample copy in an
open file format or closed format of each student and teacher component of
adopted instructional materials that incorporate all corrections required by
the SBOE shall be filed with the commissioner on or before the date specified
in the schedule of adoption procedures. The complete sample copies filed with
the TEA must be representative of the final program.
(o) A publisher who intends to offer
instructional materials for adoption shall comply with additional requirements
included in a proclamation related to submission of instructional materials for
adoption.
