(a) A publisher may submit a request to the commissioner
of education for approval to substitute a new edition of state-adopted
instructional materials. A publisher requesting approval of a new
edition shall provide a written request in a manner designated by
the commissioner that includes an explanation of the reason for the
substitution. The request must be accompanied by an electronic sample
and a correlation document that meets all the requirements of the
correlation document provided for the initial review. This requirement
includes electronic instructional materials and Internet products
for which all users receive the same updates. Proposed changes shall
be made available for public review on the Texas Education Agency
(TEA) website for a minimum of 60 calendar days prior to approval.
(b) A publisher that requests to substitute a new edition
of state-adopted instructional materials must comply with the following
additional requirements:
(1) provide that there will be no additional cost to
the state;
(2) certify in writing that the new material meets
the applicable Texas essential knowledge and skills (TEKS) or Texas
Prekindergarten Guidelines (TPG) and is free from factual errors;
and
(3) certify that the updates in the new edition do
not affect the product's coverage of Texas Education Code (TEC), §28.002(h),
as it relates to that specific subject and grade level or course(s),
understanding the importance of patriotism and functioning productively
in a free-enterprise society with appreciation for the basic democratic
values of our state and national heritage.
(c) With prior commissioner approval, publishers may,
at any time, substitute a new edition if the changes made to the new
edition do not affect the product's TEKS coverage or its coverage
of TEC, §28.002(h).
(1) Substitution requests to content that was not used
in determining the product's eligibility for adoption must be submitted
to the commissioner to confirm the changes do not affect TEKS coverage
or coverage of TEC, §28.002(h).
(2) Responses from the commissioner to update requests
shall be provided within 60 days after receipt of the request. If
no action has been taken by the end of the 60 days, the request is
deemed approved.
(3) Proposed changes shall be posted on the TEA website
for a minimum of 60 days prior to approval.
(d) All requests for updates involving content used
in determining the product's eligibility for adoption must be approved
by the State Board of Education (SBOE) prior to their introduction
into state-adopted instructional materials. Requests must be submitted
in a format designated by the commissioner and must include correlations
to applicable student expectations. The SBOE may assess penalties
as allowed by law against publishers that fail to obtain approval
for updates to such content in state-adopted instructional materials
prior to delivery of the materials to school districts.
(e) Publishers must agree to supply the previous version
of state-adopted instructional materials to school districts that
choose to continue using the previous version during the duration
of the original contract. This subsection does not apply to electronic
instructional materials.
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