Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,309
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(c) The commissioner of education
shall determine the number of appointees to
proclamation advisory committees in the
core subject areas of language arts, mathe-
matics, science, and social studies. The
commissioner shall solicit nominations for
the appointments from school districts and
educational organizations in the state. Rec-
ommendations may be accepted from any
Texas resident.
(d) A draft copy of the proclama-
tion shall be provided to proclamation advi-
sory committees and designated
representatives of the publishing industry to
solicit input before the SBOE considers the
proclamation. Information and comments
submitted by proclamation advisory com-
mittees and publishers shall accompany the
initial draft of the proclamation presented
by the commissioner of education to the
SBOE.
(e) The proclamation shall be con-
sidered at three meetings of the board and
not be adopted before the third meeting.
The SBOE shall hold a public hearing on
the proclamation before adopting it. Testi-
mony at the hearing shall be limited to
residents of Texas and nonresidents who are
official representatives of publishing com-
panies who filed written requests to appear
at the hearing.
(f) Under extraordinary circum-
stances, the board may adopt an emergency,
supplementary, or revised proclamation
without complying with the time lines and
other requirements of this section. The
proclamation shall be issued under the
Texas Education Code, 12.17, and the
public shall be given an opportunity to sub-
mit written comments on the proclamation
before the SBOE adopts it.
67.24. Budget Cycle.
(a) The commissioner of education
shall present for board approval a six-year
budget projection that provides estimated
expenditures for instructional materials. The
budget projection shall include subject areas
in which bids for new instructional materi-
als will be solicited. The determination to
include a subject area in the budget projec-
tion shall be based on the anticipated avail-
ability of funds to purchase instructional
materials and the need for up-to-date mate-
rials due to changing information, technol-
ogy, instructional strategies, and/or methods
of information delivery. The six-year bud-
get projection shall also include information
related to anticipated costs of providing
continuing-contract material, braille and
large-type material, and freight charges for
delivering materials to school districts.
(b) Any revisions to the budget pro-
jection cycle the commissioner of education
determines are necessary shall be presented
to the State Board of Education (SBOE) for
approval.67.27. Review and Renewal of Contracts.
(a) The commissioner of education
shall review contracts for instructional ma-
terials and recommend which contracts
should be renewed for terms not to exceed
six years and which contracts should not be
renewed.
(b) The State Board of Education
(SBOE) shall decide to renew existing con-
tracts upon determining that the renewal
would be in the best interest of the state and
after considering the following factors:
(1) inclusion of subject areas in
the six-year budget projection;
(2) availability of new instruc-
tional materials; and
(3) willingness of publishers to
offer materials for readoption and renewal
of contracts.
(c) Publishers awarded new con-
tracts shall be prepared to make the adopted
instructional materials available for at least
one extended contract period of not more
than six years at prices the commissioner of
education approves. The SBOE may con-
sider refusing to award future contracts to a
publisher who, after receiving written notice
to do so, refuses to rebid instructional mate-
rials at least one time.
67.30. Statement of Intent to Bid Instruc-
tional Materials.
(a) Each publisher who intends to
offer instructional materials for adoption
shall submit a statement of intent to bid on
or before the date specified in the schedule
for the adoption process. The statement of
intent shall be accompanied by publisher's
data submitted in a form approved by the
commissioner of education.
(b) A publisher shall specify hard-
ware or special equipment needed to review
any item included in a student and/or
teacher component of an instructional mate-
rials submission.
(c) A publisher who wishes to with-
draw an instructional materials submission
after having filed a statement of intent to
bid shall notify the commissioner of educa-
tion in writing on or before the date speci-
fied in the schedule for the adoption
process.
67.33. Subject Area Committees: Qualifi-
cations.
(a) A person is not eligible for ap-
pointment to a subject area committee if,
during the two years immediately preceding
the appointment, the person:
(1) was employed by or re-
ceived funds from a publishing company oran agent representing an author or publish-
ing company; or
(2) owns or controls, directly or
indirectly, any interest in a publishing com-
pany or an entity receiving funds from a
textbook publishing company.
(b) Before employing an educator
to review or sell instructional materials or
represent a publishing company, the pub-
lisher shall notify the person that employ-
ment or receipt of any remuneration would
disqualify him or her from serving on a
subject area committee for a two-year
period following the employment or receipt
of remuneration.
(c) A majority of the members of a
subject area committee shall be classroom
teachers of recognized ability in areas ap-
propriate to instructional materials the com-
mittee will evaluate.
(d) Each appointee to a subject
area committee shall reside and/or teach in
the State Board of Education (SBOE) dis-
trict to be represented.
67.36. Subject Area Committees: Appoint-
ment.
(a) The commissioner of education
shall determine the number of subject area
committees needed to review new instruc-
tional materials under consideration and the
number of appointees to each committee.
(b) The commissioner of education
shall solicit recommendations for possible
appointees to subject area committees from
school districts and educational organiza-
tions in the state. Recommendations may be
accepted from any Texas resident.
(c) Nominations shall not be made
by or accepted from any publishers; au-
thors; depositories; agents for publishers,
authors, or depositories; or any person who
holds any official position with a publisher,
author, depository, or agent. Publishers, au-
thors, depositories, agents, or other persons
who have any relationships or hold any
positions with publishers, authors, deposito-
ries, or agents shall refrain from and shall
avoid, either directly or indirectly, aiding,
abetting, suggesting, recommending, or en-
couraging either that any other person seek
to be nominated or appointed, or that any
person nominate or appoint another person
to a subject area committee.
(d) The commissioner of education
shall ensure that all persons recommended
for appointment to the subject area commit-
tees meet State Board of Education (SBOE)
rule requirements concerning qualifications
for membership. In making these recom-
mendations, the commissioner shall be ex-
empt from the requirements concerning
consultation with members of the SBOE+ PROPOSED RULES June 3, 1994 19 TexReg 4309
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Texas. Secretary of State. Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994, periodical, June 3, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176894/m1/19/?q=%221994-06%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.