Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,317
4291-4362 p. ; 28 cm.View a full description of this periodical.
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67.113. Depository Status.
(a) Under the Texas Education
Code, 12.31, each publisher of adopted
instructional materials shall designate one
of the'depositories approved by the State
Board of Education (SBOE) in which a
stock of the publisher's adopted instruc-
tional materials shall be kept and from
which all shipments of adopted instructional
materials to school districts shall be made.
(b) Payments from the Central Edu-
cation Agency shall be made directly to the
publisher or to any agent or trustee desig-
nated in writing by the publisher.
(c) Any publisher, at its discretion
and at least 30 days after notifying the
Central Education Agency in writing, may
change from one depository to another de-
pository approved by the SBOE.
(d) Any request to establish a new
depository shall be submitted to the com-
missioner of education by September 1. The
effective date for any new depository shall
be April 1 of the year following approval.
Each party requesting authority to establish
a new depository shall:
(1) present evidence of financial
viability adequate to ensure performance of
obligations under all contracts on an annual
basis;
(2) provide specifications for
warehouse, equipment, plans for staffing of
proposed depository, and computer capabil-
ity to receive and process orders and com-
municate in the automated format specified
by the Central Education Agency;
(3) submit assurances that a
proper stock of instructional materials is
available;
(4) request SBOE approval for
the location of the depository;
(5) if the approved location of
the depository falls within boundaries desig-
nated for lot shipments, apply to the Rail-
road Commission for an amendment to
Common Carriers' Motor Freight Tariff 25,
Item 7023; and
(6) submit a list of publishers
under contract with the request.
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-9441379 Cries Cloudt
Associate Commissioner,
Policy Planning and
Evaluation
Texas Education AgencyEarliest possible
1994date of adoption: July 4,
For further information, please call- (512)
463-9701
Subchapter D. Special Instruc-
tional Materials
* 19 TAC 67.121, 67.124
The new rules 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
67.121. Special Initructional Materials To
Be Made Availahle.
(a) All laws and rules applying to
instructional materials provided to sighted
pupils that are not in conflict with the Texas
Education Code, 12 03 or 12.35(b), or
with rules in these sections, shall apply to
the distribution and control of braille and
large type instructional materials.
(b) Publishers shall grant permis-
sion to the state to have adopted instruc-
tional materials transcribed into braille,
large type, and audiotape without penalty or
royalty.
(c) On or before the deadlne speci-
fied in the schedule for the adoption pro-
cess, each publisher of newly adopted
instructional materials shall provide com-
puterized files as specified in the proclama-
tion to be used for production of braille or
other versions of materials to be used by
students with disabilities. All information
contained in adopted instructional materials
shall be included on the computerized files
(d) The state shall make suitable
student instructional materials available in
large type. The commissioner of education
shall develop specifications for large-type
instructional materials and notify publishers
of student instructional materials suitable
for production min large type. The publisher
may elect to supply the large-type materials,
or the commissioner of education may enter
into contracts for the production of large-
type materials.
(e) Gifts of instructional materials
for the education of students who are blind
or visually impaired tendered by individu-
als, groups, or school district officials may
be accepted by the State Board of Education
(SBOE) and shall become state property
and subject to the same regulations as simi-
lar items purchased with state funds. Gift
materials may be shipped freight charges
collect to the state depository.
(f) Copies of instructional materials
in braille and large type needed by a person
who is blind or visually impaired to carry
out the duties of a teacher in the public
schools of this state shall be furnished with-
out cost The materials are to be loaned tothe public school districts as long as needed
and are to be returned to the state when they
are no longer needed. Materials in the me-
dium needed by the teacher may be
requisitioned by a textbook coordinator af-
ter the superintendent of schools has certi-
fied to the commissioner of education:
(1) the name of the teacher;
(2) the grade or subject taught;
and
(3) the fact of the teacher's vi-
sual impairment.
67.124. Authorization of State Funds.
(a) Money from the state textbook
fund may be used to purchase braille and
large-type state-adopted instructional mate-
rials listed in the General Catalog of Braille
and Large Type Publications issued by the
American Printing House for the Blind and
supplements and/or revisions of this publi-
cation.
(b) Large-type instructional materi-
als shall meet or exceed the specifications
in 67.10 of this title (relating to Manufac-
turing Standards and Specifications) and
any additional specifications that may be
prescribed when the call for bids is issued.
(c) Bids for production of large-
type materials shall be submitted pursuant
to a call by the SBOE. Bid prices for pro-
duction of large-type versions of instruc-
tional materials adopted by the SBOE shall
be submitted in two parts as follows:
(1) a cost per page, including
the price of the regularly adopted instruc-
tional materials being enlarged and the cost
of page reproduction; and
(2) a per volume binding cost.
(d) The bid price shall be in effect
for the entire adoption period.
(e) Contracts shall correspond to
those awarded to publishers upon adoption.
Such contracts shall be subject to readop-
tions required by the SBOE. A performance
bond of $10,000 shall be required of the
successful bidder.
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-9441380 Criss Ckoudt
Associate Commissioner,
Policy Planning and
Evaluation
Texas Education Agency
Earliest possible date of adoption: July 4,
1994
For further information, please call: (512)
463-9701* PROPOSED RULES June 3, 1994 19 TexReg 4317
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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/m1/27/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.