|(a) The commissioner of education may purchase state-developed
open-source instructional materials in accordance with the Texas Education
Code (TEC), §31.071. The purchase shall be through a competitive
(b) State-developed open-source instructional materials
must be irrevocably owned by or licensed to the state for use in the
applicable subject and grade level.
(c) The state must have unlimited authority to modify,
delete, combine, or add content to the open-source instructional materials
(d) State-developed open-source instructional materials
must be created using the industry-standard software specified in
the request for state-developed open-source instructional materials.
(e) The state must be given access to digital files
necessary for content modification of the state-developed open-source
(f) Publishers of state-developed open-source instructional
materials shall submit to the Texas Education Agency (TEA) a signed
affidavit, including the following:
(1) certification that each individual whose name is
listed as an author or contributor of a state-developed open-source
instructional material contributed to the development of the material;
(2) a general description of each author's or contributor's
involvement in the development of the material.
(g) Publishers may not submit state-developed open-source
instructional materials that have been authored by a current employee
of the TEA.
(h) Following the revision of Texas essential knowledge
and skills (TEKS) by the State Board of Education (SBOE), the commissioner
shall require the revision of state-developed open-source instructional
materials relating to those TEKS. The commissioner shall use a competitive
process to request proposals to revise state-developed open-source
(i) The commissioner may, at any time, require the
revision of a state-developed open-source instructional material for
a period not to exceed the period under the TEC, §31.022, for
which an instructional material for that subject and grade level may
(j) The review of revised state-developed open-source
instructional materials shall have the same requirements and occur
according to the same process as new state-developed open-source instructional
(k) Notwithstanding Subchapter A of this chapter (relating
to General Provisions), the SBOE may assess an administrative penalty
under the TEC, §31.151, for a violation based upon an instructional
material adopted by the commissioner under this subchapter.
(l) A publisher of instructional materials under this
subchapter shall file a register of contacts in the same manner provided
under §66.4 of this title (relating to Requirement for Registers)
for a publisher of instructional materials adopted through a proclamation.
|Source Note: The provisions of this §66.1113 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