Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,313
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must identify the subject areas and titles
about which testimony will be presented.
The SBOE may limit the time available for
each person to testify.
(2) Oral responses to testimony
at the hearing may be made by official
representatives of publishing companies
who have requested time to present re-
sponses on or before the date specified in
the schedule for the adoption process.
(3) The deadline for residents
scheduled to spe ' ,, the hearing to file
written materials ror consideration by the
SBOE shall be 17 calendar days before the
date specified for the public hearing in the
schedule for the adoption process. Copies of
written materials filed on or before the
deadline shall be distributed 13 calendar
days before the public hearing to the SBOE,
members of subject area committees as ap-
propriate, publishers participating in the
adoption process, and residents scheduled to
speak at the public hearing. Copies of
speeches made at the public hearing may be
distributed to SBOE members. No other
written material may be distributed to
SBOE members during the public hearing
before the SBOE.
(4) Public comment on instruc-
tional materials not adopted by the SBOE
on the date specified in the schedule for the
adoption process shall be accepted accord-
ing to the SBOE Operating Rules, 2.9
(relating to Public Testimony).
(c) At a meeting specified in the
schedule for the adoption process the SBOE
shall consider:
(1) complaints of violations of
the statutes or the rules and procedural ir-
regularities;
(2) written comments, tran-
scripts of hearings before the subject area
committees, and responses to written and/or
oral testimony;
(3) the report of the subject area
committees; and
(4) the report of the commis-
sioner of education.
(d) A SBOE committee designated
by the SBOE chair shall review the subject
area committees' and the commissioner's
reports concerning instructional materials
recommended for state adoption. The com-
missioner of education or the commission-
er's representative and representatives of
the subject area committees shall be avail-
able to respond to inquiries from the SBOE
committee. The committee shall report the
results of its review to the SBOE.
(e) The SBOE shall specify which
of the corrections of errors of fact and
corrections necessary to ensure accuracy
recommended by the commissioner of edu-
cation shall be required as a condition for
adoption of any instructional materials.(f) The SBOE shall adopt a list of
approved instructional materials under the
Texas Education Code, 12.24.
(g) If a publisher requests to with-
draw from the adoption process after the
date specified in the proclamation due to
price reductions, required corrections, or
manufacturing specifications required as a
condition of adoption by the SBOE that the
publisher states cannot be met, and if the
withdrawal would reduce the number of
selections recommended by a subject area
committee for a category to only one selec-
tion, the board may, after deliberation and
consideration of the factors contributing to
the request, grant the publisher's request to
withdraw and adopt the remaining selection
in the category. The request to withdraw
must include a written statement signed by
the publisher's authorized representative
stating the withdrawal is voluntary and not
made under duress.
67.75. Requirement for Registers.
(a) A register shall be kept by each
member of the State Board of Education
(SBOE), the commissioner of education,
and the Division of Curriculum Develop-
ment and Textbooks of the Central Educa-
tion Agency to record all visits, meetings,
or telephone calls by publishers, their repre-
sentatives, agents, authors, consultants, edi-
tors, depositories, or any other person
soliciting support for or against any instruc-
tional materials submitted and being consid-
ered for SBOE approval.
(b) Publishers shall file with the
commissioner of education, on or before a
date specified in the schedule for the adop-
tion process, a register indicating all visits,
meetings, or contacts with SBOE members,
including the date, time, location, and pur-
pose of the communication.
67.78. Preparation and Completion of
Contract and Bond.
(a) The state contract form pre-
pared by the Texas attorney general shall
not be changed or modified.
(b) Contract forms prepared by the
commissioner of education shall be sent to
the publishers for signature. Signed con-
tracts returned by the 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 approved by the attor-
ney general shall be filed with the secretary
of state.
(c) The bidder to whom a contract
is issued must execute a bond under the
Texas Education Code, 12.26, in the
amount of $2,500 for each selection
adopted by the SBOE. The bond shall beprepared by the commissioner of education
and sent to the publisher for execution and
signature. Properly signed and executed
bonds returned by the publishers shall be
sent to the attorney general for approval and
signature. The original bond shall be filed
with the secretary of state.
67.81. Expiring and Out-of-Adoption In-
structional Materials.
(a) School districts may retain out-
of-adoption instructional materials as
needed if they are used by the school for
reference, teaching aids, or library use.
(b) The procedures for providing
out-of-adoption instructional materials to
city and county jails, institutions within the
Texas Department of Criminal Justice, and
other organizations are as follows.
(1) Each school district shall
make out-of-adoption instructional materials
available to libraries maintained by city and
county jails, institutions within the Texas
Department of Criminal Justice, and other
state agency institutions.
(2) School officials may donate
out-of-adoption instructional materials to
students, adult education programs, and
nonprofit organizations. Individuals and of-
ficials making requests for out-of-adoption
instructional materials shall be responsible
for transporting the materials. Out-of-
adoption instructional materials may not be
sold.
67.84. Availability of Instructional Materi-
als. Each publisher is required to have
adopted instructional materials in stock and
available for distribution to school districts
throughout the entire adoption period. The
commissioner of education shall report the
number of back-ordered materials by pub-
lisher to the State Board of Education
(SBOE). A back order is defined as student
or teacher material not in stock in the de-
pository when ordered and not available for
distribution to school districts on the speci-
fied shipment date.
67.87. Procedures Governing Violations of
the Statutes or the Rules, Procedural Irreg-
ularities, or Failure to Meet Established
Deadlines.
(a) Official complaints of miscon-
duct, violations of the statutes or the rules,
or procedural irregularities shall be filed
with the commissioner of education. The
information may not be furnished to mem-
bers of the subject area committees before
official recommendations by the commit-
tees. Any person attempting to furnish this
information may be subject, after hearing,
to being disqualified by the State Board of
Education (SBOE) from further participa-
tion in the adoption process. The commis-. PROPOSED RULES June 3, 1994 19 TexReg 4313
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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/m1/23/?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.