| (a) A publisher or an open education resource (OER)
licensor that submits instructional materials for an evaluation of
quality (EoQ) shall:
(1) submit a completed Texas Education Agency (TEA)-generated
EoQ submission form by the deadline stated in the submission form.
TEA may adapt the submission form, as it deems necessary, to develop
and maintain the instructional materials web portal;
(2) sign a set of assurances at the time of submission
assuring compliance with the requirements listed in this subchapter;
(3) submit instructional materials that are:
(A) in electronic format;
(B) complete and include all content to be used in
the final product; and
(C) fully functional for review purposes;
(4) ensure submitted instructional materials remain
final and unchanged throughout the quality review process, unless
otherwise specified by TEA;
(5) make submitted instructional materials available
for reviewers for the duration of a review period to be determined
by TEA and made known to publishers and OER licensors;
(6) include information required for reviewers to complete
electronic reviews of instructional materials, including, but not
limited to:
(A) computer hardware and system requirements for the
review of any item included in an instructional material submission;
and
(B) information for online products, including internet
location, keycodes, passwords, and other login information required
to ensure access to the materials being reviewed throughout the review
period;
(7) provide specialized computer hardware or other
equipment necessary to use an instructional material as intended by
a student and/or teacher. Such equipment will be returned to the publisher
or OER licensor at the conclusion of the review period. Such equipment
must be provided:
(A) for the duration of the review period; and
(B) in a quantity to be determined by TEA and communicated
to the publisher or OER licensor at the time the materials are submitted
for review;
(8) provide the following information in a format determined
by TEA and communicated to publishers or OER licensors by way of the
EoQ submission form regarding the instructional materials submitted:
(A) computer hardware and system requirements for use
of the materials;
(B) availability and description of professional development
services;
(C) a report for each electronic component that verifies
that the component complies with §66.28(a)(2) of this title (relating
to Requirements for Publisher Participation), which can be satisfied
by a report prepared for submission to the SBOE; and
(D) a complete description of all student and teacher
components;
(9) provide accurate and up-to-date pricing information
for each instructional material in a form and format to be determined
by TEA and communicated to publishers and OER licensors in the application
for submission of materials;
(10) make samples of instructional materials available
for public review during a review period determined by TEA, as deemed
necessary by TEA and made known to publishers or OER licensors by
TEA;
(11) assume responsibility for all expenses incurred
by participation in the review process, as TEA does not guarantee
return of sample instructional materials;
(12) acknowledge that TEA and its designee have final
authority for determining all quality ratings;
(13) with the exception of OER licensors, provide evidence
in the form of an identification number provided by the Texas Secretary
of State proving that the publisher is approved to conduct business
in the state of Texas;
(14) verify that the publisher or OER licensor is the
copyright owner of the instructional materials; and
(15) verify that the individual submitting the materials
is legally authorized to act on behalf of the publisher or OER licensor.
(b) TEA may not include materials in the quality evaluation
process if:
(1) materials have been authored by a current employee
of TEA, unless those materials are open education resources;
(2) materials have been authored by the TEA's designated
independent evaluator: or
(3) reviewers lack capacity to evaluate all submitted
materials.
(c) Publishers or OER licensors that submit materials
for quality evaluation may not withdraw those materials from the review
process after the review process is underway as communicated by TEA.
(d) This section does not apply to or otherwise limit
the submission of instructional materials by TEA for inclusion in
the instructional materials portal.
(e) Publishers or OER licensors that submit materials
for quality evaluation may not directly or indirectly contact reviewers
before or during the review process if such contact or solicitation
relates to the EoQ process.
(f) The TEA may satisfy the requirement set forth in
Texas Education Code (TEC), §31.082(a)(2), by:
(1) conducting Texas Essential Knowledge and Skills
(TEKS) coverage reviews and English Language Proficiency Standards
(ELPS) coverage reviews, for subject areas in which ELPS exist, of
instructional materials that have been submitted for an EoQ; or
(2) using the results of TEKS coverage reviews and
ELPS coverage reviews, for subject areas in which ELPS exist, of materials
under consideration for adoption under a current proclamation or adopted
in a previous proclamation as authorized by TEC, §31.022, and
19 TAC Chapter 66, Subchapter B, of this title (relating to State
Adoption of Instructional Materials).
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