|(a) A publisher with adopted materials shall comply
with product standards and specifications.
(1) Hard copy instructional materials adopted by the
State Board of Education (SBOE) 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. 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
of education, signed by a company official, and filed on or before
the deadline specified in the schedule of adoption procedures in each
proclamation. If the commissioner determines that good cause exists,
the commissioner may approve an exception for a specific portion or
portions of this requirement.
(2) A publisher that offers electronic instructional
materials must provide a report for each electronic component that
verifies that the components follow the Web Content Accessibility
Guidelines (WCAG) identified in the proclamation and technical standards
required by the Federal Rehabilitation Act, Section 508. The report
must be prepared by an independent third party and be based on an
audit testing a random sampling of each different type of electronic
component as outlined in each proclamation. If applicable, the number
of pages to be audited to meet the requirements in the proclamation
shall be determined by the publisher.
(3) 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.
(4) Materials delivered online shall meet minimum web-based
(5) 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.
(6) If, during the contract period, the commissioner
determines that any publisher's adopted instructional materials do
not comply with the WCAG standards identified in the proclamation
or the technical standards required by the Federal Rehabilitation
Act, Section 508, the publisher's instructional materials contract
may be presented to the SBOE for termination.
(7) A publisher of adopted instructional materials
shall make available samples that meet the requirements of this subsection
to an SBOE member upon that member's request, beginning on the date
the publishers are required to submit their final samples to the Texas
Education Agency (TEA).
(b) Publishers participating in the adoption process
are responsible for all expenses incurred by their participation.
(c) A publisher that intends to offer instructional
materials for adoption shall submit a statement of intent to bid on
or before the date specified in the schedule of adoption procedures.
(1) The statement of intent to bid shall be submitted
in a format designated by the commissioner.
(2) A publisher shall indicate in the statement of
intent to bid the percentage of Texas essential knowledge and skills
or Texas Prekindergarten Guidelines that the publisher believes are
sufficiently covered in each instructional materials submission.
(3) A publisher shall specify hardware and system requirements
needed to review any item included in an instructional materials submission.
(4) Additions to a publisher's statement of intent
to bid shall not be accepted after the deadline for filing statements
of intent to bid, except as allowed in the schedule of adoption procedures
included in a proclamation.
(5) A publisher that intends to offer instructional
materials for midcycle review shall submit a statement of intent to
bid and price information on or before the date specified in the schedule
of adoption procedures under midcycle review. The statement of intent
to bid must:
(A) specify the manner in which instructional materials
will be provided to school districts as specified in §66.27(k)(2)
of this title (relating to Proclamation, Public Notice, and Schedule
for Adopting Instructional Materials); and
(B) include payment of the fee for review of instructional
materials submitted for midcycle review.
(d) A publisher that intends to offer instructional
materials for review shall comply with the following requirements
for providing pre-adoption samples.
(1) Complete electronic samples of student and teacher
components of instructional materials shall be provided to the TEA
and the 20 regional education service centers (ESCs) on or before
the date specified in the schedule of adoption procedures in a proclamation.
Samples submitted for review shall be complete versions of the final
product and must include all content intended to be in the final product,
not just the content identified in the correlations. Samples of electronic
products must be fully functional for review purposes and meet any
other specifications identified in the proclamation. The original
sample submission must remain unchanged through the entire review
and adoption process, though updated samples can be added to the publisher's
submission. These samples are copyrighted by the publisher and are
not to be downloaded for use in classrooms or for any purpose other
than public review.
(2) A publisher of prekindergarten materials is not
required to submit electronic samples of submitted prekindergarten
instructional materials. Samples of submitted prekindergarten materials
must match the format of the products to be provided to schools upon
(3) Electronic samples must be free of sales or marketing
(4) These samples shall be made available electronically
for public review. Publishers of instructional content accessed electronically
shall provide all necessary information, such as locator and login
information and passwords, required to ensure public access to their
programs throughout the review period.
(5) If the commissioner determines that good cause
exists, the commissioner may extend the deadline for filing samples
with ESCs. At its discretion, the SBOE may remove from consideration
any materials proposed for adoption that were not properly supplied
to the ESCs, the TEA, or SBOE members.
(6) A publisher shall provide a complete description
of all student and teacher components of an instructional materials
(7) On request of a school district, a publisher shall
provide an electronic sample of submitted instructional materials
and may also provide print sample copies.
(8) One sample copy of each student and teacher component
of an instructional materials submission shall be provided for each
member of the appropriate state review panel in accordance with instructions
provided by the TEA. Samples for review must be as free from factual
and editorial error as possible and reflect the quality of the final
product intended to go into classrooms. Publishers have the option
to provide reviewers with print samples, electronic samples in an
open file format or closed format, or galley proofs. An electronic
sample of print instructional materials must be offered in a format
that simulates the print or "view only" version and that does not
contain links to external sources. To ensure that the evaluations
of state review panel members are limited to student and teacher components
submitted for adoption, publishers shall not provide ancillary materials
or descriptions of ancillary materials to state review panel members.
The state does not guarantee return of sample instructional materials.
(9) The TEA, ESCs, and participating publishing companies
shall work together to ensure that hardware or special equipment necessary
for review of any item included in a student and/or teacher component
of an instructional materials submission is available in each ESC.
Participating publishers may be required to lend such hardware or
special equipment to any member of a state review panel who does not
have access to the necessary hardware or special equipment.
(10) Electronic samples must allow for multiple, simultaneous
user access and be equipped with a word-search feature.
(e) The TEA may request additional samples if they
(f) A publisher that intends to offer instructional
materials for adoption shall comply with the following bid requirements.
(1) Publishers shall file official bids with the commissioner
according to the schedule of adoption procedures and in a manner designated
by the commissioner.
(2) The official bid filed by a publisher shall include
separate prices for each item included in an instructional materials
submission. A publisher shall guarantee that individual items included
in the student and/or teacher component are available for local purchase
at the individual prices listed for the entire contract period.
(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
(h) A publisher that intends to offer instructional
materials for adoption shall comply with the following additional
(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
(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
(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
|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