19 Tex. Admin. Code § 66.75 - Updates to Adopted Instructional Materials
(a) A publisher may submit a request to the
commissioner of education for approval to update content in state-adopted
instructional materials. A publisher requesting approval of a content update
shall provide a written request in a manner designated by the commissioner that
includes an explanation of the reason for the update. This requirement includes
electronic instructional materials and Internet products for which all users
receive the same updates. The request must be accompanied by an electronic
sample of the proposed updates. Proposed changes shall be posted on the Texas
Education Agency (TEA) website for a minimum of seven calendar days prior to
approval.
(b) A publisher that
requests to update content in state-adopted instructional materials must comply
with the following additional requirements:
(1) provide that there will be no additional
cost to the state;
(2) certify in
writing that the new material meets the applicable essential knowledge and
skills and is free from factual errors; and
(3) certify that the updates do not affect
the product's coverage of Texas Education Code (TEC), §28.002(h), as it relates
to that specific subject and grade level or course(s), understanding the
importance of patriotism and functioning productively in a free-enterprise
society with appreciation for the basic democratic values of our state and
national heritage.
(c)
With prior commissioner approval, publishers may, at any time, make changes
that do not affect the product's Texas essential knowledge and skills (TEKS) or
Texas Prekindergarten Guidelines (TPG) coverage or its coverage of Texas
Education Code, §
28.002(h).
(1) Requests for approval of updates to
content that was not used in determining the product's eligibility for adoption
must be submitted to the commissioner prior to their introduction into
state-adopted instructional materials to confirm that the changes do not affect
TEKS or TPG coverage or coverage of TEC, §
28.002(h).
(2) Responses from the commissioner to update
requests shall be provided within 30 days after receipt of the request. If no
action has been taken by the end of the 30 days, the request is deemed
approved.
(d) All
requests for updates involving content used in determining the product's
eligibility for adoption must be approved by the State Board of Education
(SBOE) prior to their introduction into state-adopted instructional materials.
Requests must be submitted in a format designated by the commissioner and must
include correlations to applicable student expectations. This requirement
includes electronic instructional materials and Internet products for which all
users receive the same updates. Proposed changes shall be posted on the TEA
website for a minimum of seven calendar days prior to approval. The SBOE may
assess penalties as allowed by law against publishers that fail to obtain
approval for updates to such content in state-adopted instructional materials
prior to delivery of the materials to school districts.
(e) Publishers must agree to supply the
previous version of state-adopted instructional materials to school districts
that choose to continue using the previous version during the duration of the
original contract. This subsection does not apply to electronic instructional
materials.
(f) A publisher of
instructional materials may provide alternative formats for use by school
districts if:
(1) the content is identical to
SBOE-approved content;
(2) the
alternative formats include the identical revisions and updates as the original
product; and
(3) the cost to the
state and school is equal to or less than the cost of the original
product.
(g) Alternative
formats may be developed and introduced at any time during the adoption cycle
in conformance with the procedures for adoption of other state-adopted
materials.
(h) Publishers must
notify the commissioner in writing if they are providing SBOE-approved products
in alternative formats.
(i)
Publishers are responsible for informing districts of the availability of the
alternative formats and for accurate fulfillment of orders for them.
(j) The commissioner may add alternative
formats of SBOE-approved products to the list of adopted products available to
school districts.
(k) Publishers of
SBOE-adopted instructional materials may, at any time, without seeking approval
from the SBOE or the commissioner, make technical enhancements or improvements
that do not add or change content, provided the enhancements do not change the
technical requirements for districts to continue to be able to access the
materials in the same manner as originally submitted.
(l) The commissioner may provide an
opportunity for publishers to submit updated content and new correlations to
that content to update the product's official TEKS or TPG coverage percentage.
The commissioner shall post an annual schedule of review procedures on the
agency website to provide publishers with adequate notice of review timelines.
The updated content shall be reviewed by state review panels during the next
available state review panel meeting in accordance with the annual schedule of
review procedures. Following the review, the commissioner shall provide a
report to the SBOE that includes the following:
(1) the findings of the review panels
regarding the TEKS or TPG coverage as provided in the updated content;
and
(2) alleged factual errors in
the updated content identified by state review panels.
(m) The SBOE shall either accept or reject
each updated TEKS or TPG coverage percentage and errors report in accordance
with §
66.66 of this title (relating to
Consideration and Adoption of Instructional Materials by the State Board of
Education). An updated TEKS alignment determination is considered final,
pursuant to TEC, §
31.023(a-1).
Notes
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