Utah Admin. Code R277-469-10 - Agreements and Procedures for Publishers
(1) A publisher desiring to sell primary
instructional materials to Utah school districts shall comply with the
requirements of Section
53E-4-408 and this
rule.
(2)
(a) A publisher seeking to sell recommended
materials to Utah schools or school districts shall maintain on deposit the
number of books necessary to meet the anticipated needs within the state at an
instructional materials depository in the business of selling instructional
materials to schools or school districts in Utah.
(b) A publisher shall submit verification of
compliance with Subsection (2)(a) to the Superintendent through the publisher's
contracted depository before the Superintendent posting a review of the
materials on RIMs.
(3) A
publisher may make a depository agreement with one or more
depository.
(4) Notwithstanding
Subsection (2), a publisher may sell instructional materials to schools or
school districts in Utah directly or through means other than a designated
depository.
(5) A publisher need
not store digital and online resources within the state, but shall guarantee
timely resource availability of a placed order and shall provide digital and
online resource orders without shipping charges.
(6) If a revised edition of recommended
materials retains the original title and authorship, the publisher may request
its substitution for the edition currently recommended providing that:
(a) the original contract price and contract
date do not change and the original contract price applies for the substituted
materials;
(b) the revised edition
is compatible with the earlier edition, permitting use of either or both in the
same classroom;
(c) a sample copy
of the revised edition is provided to the Superintendent for examination
purposes; and
(d) the publisher
submits a revised electronic edition in NIMAS file format to the NIMAC if the
Superintendent approves the substitution request.
(7) The Superintendent shall make the final
determination about the substitution of a new edition for a previously
recommended edition.
(8) A
publisher's contract price for materials recommended by the Superintendent and
the Board shall apply for five years from the contract date.
Notes
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