Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,312
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(2) Regional education service
centers shall ensure reasonable public ae-
cess to sample instructional materials, ir
cluding access outside of normal working
hours that shall be scheduled by appoint-
ment.
(3) On or before the date speci-
fied in the schedule for the adoption pro-
cess, each ESC shall issue a news release
publicizing the date on which sample in-
structional materials will be available for
review at the center and shall notify all
school districts in the region of the sched-
ule.
67.66. Public Comment on Instructional
Materials.
(a) Written comments.
(1) Any resident of Texas may
submit written comments for, against, or
about any instructional materials submitted
for adoption.
(2) Written comments shall be
submitted to the commissioner of education
on or before the deadline specified in the
schedule for the adoption process.
(3) Copies of written comments
shall be provided to participating pub-
lishers, regional education service centers
(ESCs), members of the appropriate subject
area committees, and persons who have
filed written requests.
(b) Hearings before subject area
committees and the commissioner of educa-
tion.
(1) Each subject area committee
shall hold hearings if at least 10 Texas
residents have submitted written requests to
appear before the committee under this sec-
tion. The commissioner of education or the
commissioner's designee shall chair thq
hearings. The purposes of the hearings are:
(A) to provide a public fo-
rum for discussion of instructional materials
offered for adoption; and
(B) to help develop a full re-
cord for use by members of the subject area
committees, the commissioner of education,
and the State Board of Education (SBOE).
(2) Testimony at the hearing
will be accepted only from residents of
Texas. No written comments shall be ac-
cepted for inclusion in the official record
after the deadline for submission of written
comments; however, copies of speeches
made at the hearing may be distributed to
subject area committee members. No other
written material may be distributed during
the hearings. Persons who wish to testify
must notify the commissioner of education
in writing on or before the date specified inthe schedule for the adoption process. The
written notice shall identify the subject area
and titles of materials about which testi-
mony will be presented. Oral responses to
testimony at the hearings may be made by
official representatives of publishing com-
panies who have requested time to present
responses on or before the date specified in
the schedule for the adoption process.
(3) To contain the hearings
within the designated dates, the commis-
sioner of education may limit the time
available for each person to testify. The
commissioner of education shall establish
procedures concerning the hearings at least
two weeks h:More the hearings. The proce-
dures may l,-ut the number of persons who
may speak on behalf of any organization.
(4) The commissioner of educa-
tion shall have a complete record of the
hearings made and transcribed. Transcripts
of hearings shall be provided to the appro-
priate subject area committees, ESCs, par-
ticipating publishers, and persons who have
filed written requests. The official record
shall be held open for 21 calendar days after
the close of the hearings. During this
21-day period any person who participated
in a hearing before the commissioner and
any official representative of a publishing
company may submit a written response to
written comments and/or oral testimony
presented at the hearing.
(5) Within 10 days after the re-
cord is closed, the commissioner shall send
copies of responses to written and/or oral
testimony to members of the appropriate
subject area committees, ESCs, participat-
ing publishers, and persons who have filed
written requests.
(c) Copies of written comments, a
transcript of the oral testimony presented at
public hearings, and responses to written
and/or oral testimony shall be provided to
members of the SBOE.
67.69. Report of the Commissioner of Edu-
cation.
(a) The commissioner of education
shall review all instructional materials rec-
ommended for adoption by subject area
committees. The commissioner's review
shall include the following:
(1) prices of recommended in-
structional materials;
(2) manufacturing quality of
recommended instructional materials;
(3) lists of recommended correc-
tions of errors of fact and/or corrections
identified by subject area committees as
necessary to ensure accuracy; and
(4) whether recommended in-
structional materials are offered by a pub-
lisher who refuses to rebid instructionalmaterials according to 67.27 of this title
(relating to Review and Renewal of Con-
tracts).
(b) The commissioner of education
shall submit to the board a final list of
corrections of errors of fact and corrections
necessary to ensure accuracy that, in the
judgment of the commissioner, should be
made in recommended instructional materi-
als. The commissioner shall confer with
publishers concerning the list of recom-
mended corrections to ensure publishers
would be willing to make the corrections
should they be required by the State Board
of Education (SBOE). The list of recom-
mended corrections shall be sent to affected
publishers, regional education service cen-
ters (ESCs), and other persons, such as
braillists, needing immediate access to the
information.
(c) The commissioner of education
shall report to the SBOE the results of his
review of recommended instructional mate-
rials.
67.72. Consideration and Adoption of In-
structional Materials by the State Board of
Education.
(a) Two weeks before the State
Board of Education (SBOE) is scheduled to
adopt instructional materials, each publisher
participating in the adoption process shall
file the following documents with the com-
missioner of education:
(1) three copies of the official
:".d
(2) a receipt from the state trea-
C!er for a $2,500 deposit filed in cash,
S:fled check, or cashier's check as ear-
. money to produce a valid contract if
publisher's recommended materials are
'ted;
(3) a certificate of authority to
Business in the State of Texas obtained
- the Office of the Texas Secretary of
State; and
(4) a publisher's affidavit of eli-
gibility and anti-trust compliance.
(b) On a date specified in the
schedule for the adoption process, the
SBOE shall hold a hearing on recom-
mended instructional materials that may, at
the discretion of the SBOE chair, be desig-
': ed an official meeting of the SBOE.
(1) Testimony at the hearing
shall be accepted only from residents of
Texas who submitted official written com-
ments or presented oral testimony at the
joint hearings conducted by the commis-
sioner of education and the subject area
committees. Persons who wish to testify
must notify the commissioner of education
on or before the date specified in the sched-
ule for the adoption process. The notice19 TexReg 4312 June 3, 1994 Texas Register *
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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/m1/22/?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.