Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,314
4291-4362 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
sioner of education may hold preliminary
fact-finding hearings (formal or informal)
on official complaints and may report any
findings to the SBOE.
(b) Upon discovering apparent dis-
crepancies regarding failure to meet estab-
lished deadlines, violations of statute or
rules, or procedural irregularities, the com-
missioner of education may hold show-
cause hearings and inay report any findings
to the SBOE.
(c) The SBOE may hold hearings
concerning official complaints or discov-
ered violations of the statutes, rules, or pro-
cedural irregularities.
(d) The SBOE may take action it
deems appropriate concerning official com-
plaints, discovered violations of the statutes,
rules, or procedural irregularities, including
removing publishers from the adoption pro-
cess, requiring publishers to reduce prices,
or imposing any penalty deemed appropri-
ate for the specific violation.
(e) Each affected publisher shall is-
sue credit to the Central Education Agency
in the amount of any penalty imposed under
the provisions of this section.
67.90. Penalties.
(a) The following words and terms,
when used in this section, shall have the
following meanings, unless the context
clearly indicates otherwise.
(1) Editorial change-A change,
agreed to by the Central Education Agency,
in the printing of instructional material from
what was submitted to the state under
67.60(f) of this title (relating to Samples)
that involves revisions such as design.
color, placement of material, inclusion of
references, style of print, size of print, type
of print, or any similar non-essential en-
hancement or deletion to the printed page.
Editorial changes meeting this definition are
not subject to penalties.
(2) Substantial error-A verified
error of fact that would interfere with stu-
dent learning. The context, including the
intended student audience and grade level
appropriateness, shall be considered.
(3) Technical error-A verified
error not determined to be substantial.
(b) An error repeated in a single
item or contained in both the student and
teacher edition of a textbook shall be
counted once for the purpose of determining
penalties.
() Penalties for errors shall be rec-
ommended, in increments. An error identi-
fied under this subsection shall not be
counted when determining penalties if the
affected publisher has provided prior notice
of the error to the commi sioper of educa-
tion.(1) The following provisions
shall apply for errors identified after the
publisher has submitted a list of editorial
corrections under 67.60(f) of this title and
before the date established in the proclama-
tion by which the State Board of Education
(SBOE) shall adopt instructional materials.
(A) A $300 penalty shall be
assessed for each substantial error.
(B) A $100 penalty shall be
assessed for each technical error.
(C) Penalties shall be as-
sessed only if the SBOE adopts the affected
instructional material.
(2) The following provisions
shall apply for errors identified after the
SBOE adopts the instructional material but
before the deadline established in the proc-
lamation by which publishers must have
submitted corrected samples of adopted in-
structional materials.
(A) A $1,000 penalty shall
be assessed for each substantial error.
(B) A $500 penalty shall be
assessed for each technical error.
(3) The following provisions
shall apply for errors identified after the
deadline established in the proclamation by
which publishers must have submitted cor-
rected samples of adopted instructional ma-
terials.
(A) A $3.000 penalty shall
be assessed for each substantial error.
(B) A $1,000 penalty shall
be assessed for each technical error.
(d) The following provisions shall
* apply for errors identified in the list of
editorial corrections submitted by a pub-
lisher under 67.60(f) of this title and errors
identified under subsection (c)(1) of this
section that are not corrected.
(1) A publisher shall be assessed
a $10,000 penalty for each substantial error.
The publisher shall provide an errata sheet
approved by the commissioner of education
with each teacher component of an adopted
title.
(2) A publisher shall be assessed
a $1.000 penalty for each technical error.
The publisher may be required to provide
an errata sheet approved by the commis-
sioner of education with each teacher com-
ponent of an adopted title.
(e) The commissioner of education
may recommend that an instructional mate-rials submission not be adopted when 50 or
more substantial errors are identified in the
submission. A substantial error shall not be
counted if the affected publisher has pro-
vided prior notice of the error to the com-
missioner of education. This subsection
applies to errors identified during the fol-
lowing time period:
(1) after the publisher has sub-
mitted a list of editorial corrections under
67.60(0 of this title; and
(2) before the deadline estab-
lished in the proclamation by which addi-
tional written comments from persons
scheduled to present testimony at the public
hearing before the SBOE must be filed with
the Central Education Agency.
(f) Each affected publisher shall is-
sue credit to the Central Education Agency
in the amount of any penalty imposed under
the provisions of this section.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on May 25, 1994.TRD-9441378
Cries Cloudt
Associate Commissioner,
Policy Planning and
Evaluation
Texas Education AgencyEarliest possible date of adoption: July 4,
1994
For further information, please call: (512)
463-9701
Subchapter A. State Textbook
Program
Textbook Proclamation
* 19 TAC 6731, 6733,
67.35-67.37
(Editor's note: The text of the following sections
proposed for repeal will not be published. The
sections may be examined in the offices of the
Texas Education Agency or in the Texas Register
office, Room 245, James Earl Rudder Building,
1019 Brazos Street, Austin.)
The repeals are proposed under the Texas
Education Code, 12.16, which authorizes
the State Board of Education to promulgate
rules concerning the adoption and distribution
of instructional materials.
6731. Proclamation, Public Notice, and
Schedule for Adoption of Textbooks.
6733. State Textbook Proclamation Advi-
sory Committees: Appointments, Qualifica-
tions, and Duties.
6735. State Textbook Proclamation Advi-
sory Committees: Meetings and Expenses.19 TexReg 4314 June 3, 1994 Texas Register *
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/24/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.