| (3) A publisher may submit supplemental bids with new
package options or lower prices for existing packages or components
according to the schedule of adoption procedures included in the proclamation
if the publisher filed an initial bid for that course or grade level
by the deadline in the schedule of adoption procedures. Supplemental
bids may not be submitted for prices higher than were provided in
the initial bids.
(g) Each instructional material or ancillary material
that is offered as part of a bundle must also be available for purchase
individually.
(h) A publisher that intends to offer instructional
materials for adoption shall comply with the following additional
requirements.
(1) A publisher shall submit to the TEA a signed affidavit
including the following:
(A) certification that each individual whose name is
listed as an author or contributor of the instructional materials
contributed to the development of the instructional materials;
(B) a general description of each author's or contributor's
involvement in the development of the instructional materials; and
(C) certification that all corrections required by
the commissioner and SBOE have been made.
(2) Student materials offered for possible adoption
may include consumable components in subjects and grade levels in
which consumable materials are not specifically called for in the
proclamation. In such cases, publishers must meet the following conditions.
(A) The per student price of the materials must include
the cost of replacement copies of consumable student components for
the full term of the adoption and contract, including any extensions
of the contract terms, but for no more than 12 years. The offer must
be set forth in the publisher's official bid.
(B) The publisher's official bid shall contain a clear
explanation of the terms of the sale, including the publisher's agreement
to supply consumable student materials for the duration of the contract
and extensions as noted in subparagraph (A) of this paragraph.
(C) The publisher and the school district shall determine
the manner in which consumable student materials are supplied beyond
the initial order year.
(i) A publisher may not submit instructional materials
for review that have been authored or contributed to by a current
employee of the TEA.
(j) A publisher or author may not solicit input, directly
or indirectly, on new or revised content from a member of the state
review panel for a product the panelist reviewed while the product
is being considered or even after the product has been adopted or
rejected.
(k) On or before the deadline established in the schedule
of adoption procedures, publishers shall submit correlations of instructional
materials submitted for review with essential knowledge and skills
required by the proclamation. Correlations shall be provided for materials
designed for student use and materials designed for teacher use and
must identify evidence of each student expectation addressed in the
ways specified in §66.27(h) of this title. Correlations shall
be submitted in a format designated by the commissioner.
(l) A publisher shall provide a list of all corrections
required to be made to each student and teacher component of an instructional
materials submission to bring them into compliance with applicable
laws, rules, or the proclamation. The list must be in a format designated
by the commissioner and filed on or before the deadline specified
in the schedule of adoption procedures. If no corrections are necessary,
the publisher shall file a statement to that effect in a format designated
by the commissioner on or before the deadline in the schedule for
submitting the list of corrections.
(m) On or before the deadline for submitting lists
of corrections, publishers shall submit certification that all instructional
materials have been edited for accuracy, content, and compliance with
requirements of the proclamation.
(n) One complete electronic sample copy in an open
file format or closed format of each student and teacher component
of adopted instructional materials that incorporate all corrections
required by the SBOE shall be filed with the commissioner on or before
the date specified in the schedule of adoption procedures. The complete
sample copies filed with the TEA must be representative of the final
program.
(o) A publisher who intends to offer instructional
materials for adoption shall comply with additional requirements included
in a proclamation related to submission of instructional materials
for adoption.
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| Source Note: The provisions of this §66.28 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989 |
