|(a) Each publisher is required to have adopted instructional
materials in stock and available for distribution to school districts
throughout the entire adoption period. A back order is defined as
adopted instructional material not in stock when ordered and not available
for delivery to school districts or open-enrollment charter schools
on the specified shipment date. Upon request, the commissioner of
education shall report the number of back-ordered materials by publisher
to the State Board of Education (SBOE).
(b) Each publisher shall guarantee delivery of instructional
materials at least ten business days before the opening day of school
of the year for which the instructional materials are ordered if the
instructional materials have been ordered by a date specified in the
publisher's contract with the Texas Education Agency.
(c) Each publisher with instructional materials on
back order shall notify affected school districts of the expected
ship dates for each title on back order.