(a) The commissioner of education shall review all
instructional materials submitted for consideration for adoption.
The commissioner's review shall include the following:
(1) all information provided in the review panel's
report required by §66.1019(b)(5) of this title (relating to
Instructional Materials Review Panels: Training, Duties, and Conduct);
(2) compliance with applicable manufacturing standards
and specifications and, if applicable, technical requirements of the
Rehabilitation Act, §508;
(3) the results of the audit required by §66.1014(a)(3)
of this title (relating to Requirements for Publisher Participation);
and
(4) prices of instructional materials submitted for
adoption.
(b) Based on the review specified in subsection (a)
of this section, the commissioner shall make a final decision regarding
the instructional materials that will be placed on the adopted list
and made available for schools. The commissioner shall establish a
schedule and procedure for one opportunity for a publisher to appeal
the decision.
(c) The commissioner may allow a publisher to withdraw
from the adoption process at any time prior to the adoption date specified
in the schedule of adoption procedures.
(d) The decision by the commissioner regarding the
adoption or non-adoption of instructional materials submitted for
inclusion on the commissioner's adopted list is final and may not
be appealed.
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Source Note: The provisions of this §66.1031 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405 |