| (a) The state contract for materials placed on the
list of approved materials shall not be changed or modified without
the approval of Texas Education Agency (TEA) legal counsel.
(b) Contracts shall be sent to publishers for signature.
Signed contracts returned by publishers shall be signed by the chair
of the State Board of Education (SBOE) and attested to by the commissioner
of education. Properly signed and attested contracts shall be filed
with TEA.
(c) The publisher of instructional materials approved
by the SBOE shall:
(1) enter into a contract with the SBOE for a term
not to exceed an initial term of eight years; and
(2) commit to provide the instructional materials in
the manner specified by the publisher in the official bid specified
in §67.23 of this title (relating to Requirements for Publisher
Participation in Instructional Materials Review and Approval (IMRA)).
(d) The commissioner shall annually review contracts
for instructional materials and present to the SBOE those contracts
that are eligible for renewal.
(e) The SBOE shall renew existing contracts upon determining
that the renewal would be in the best interest of the state and after
considering the following factors:
(1) placement of subject areas in the Texas Essential
Knowledge and Skills review schedule;
(2) willingness of publishers to renew contracts; and
(3) cost of instructional materials under a renewal
contract.
(f) Publishers awarded new contracts shall be prepared
to make the approved instructional materials available for at least
one contract renewal period of not more than four years at prices
that are mutually agreeable to publishers and to the commissioner.
The SBOE may consider refusing to award future contracts to a publisher
that, after receiving written notice to do so, refuses to rebid instructional
materials at least once. Failure of a publisher to negotiate an acceptable
price for an extended contract shall not be considered failure to
rebid instructional materials.
(g) Contracts with publishers are subject to all provisions
of Texas Education Code (TEC), Chapter 31.
(h) This section does not apply to open education resource
instructional material.
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