(a) A publisher that intends to offer instructional
materials for review shall comply with product standards and specifications.
(1) Hard copy instructional materials adopted by the
commissioner of education 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. If the commissioner determines that good cause exists,
the commissioner may approve an exception for a specific portion or
portions of this requirement.
(2) Materials delivered online shall meet minimum web-based
standards.
(3) A publisher that offers electronic instructional
materials must provide a report for each electronic component that
verifies that the component follows Web Content Accessibility (WCAG)
2.0, Level AA, standards and technical standards required by the Rehabilitation
Act, §508. The report must be prepared by an independent third
party and be based on an audit testing the accessibility of a random
sampling of pages as outlined in each public notice of invitation.
The number of pages to be audited to meet the requirements shall be
determined by the publisher.
(4) 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.
(5) 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, signed by a company official,
and filed on or before the deadline specified in the schedule of adoption
procedures in each public notice of invitation.
(6) 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.
(b) A publisher that intends to offer instructional
materials for adoption shall comply with requirements detailed in
the related public notice of invitation.
(c) A publisher may not submit instructional materials
for review that have been authored or contributed to by a current
employee of the Texas Education Agency.
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