Texas Register, Volume 31, Number 40, Pages 8307-8444, October 6, 2006 Page: 8,360
8307-8444 p. ; 28 cm.View a full description of this periodical.
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(d) When placing orders for instructional materials, school
districts and open-enrollment charter schools shall report enrollments
as follows:
(1) Annual orders for instructional materials. Enrollments
shall be reported based on the maximum number of students enrolled
in the district or open-enrollment charter school during the previous
school year and/or registered to attend the district during the next
school year; and
(2) Supplemental orders for instructional materials. En-
rollments shall be reported based on the actual number of students en-
rolled in the district when the order is submitted, adjusted for students
reported as working above or below grade level.
(e) A school district's enrollment growth or decline for the
prior three years shall be used by the TEA as the basis for determining
any additional percentage of attendance for which a school district may
requisition instructional materials.
(f) The TEA assumes that enrollments reported by a school
district or open-enrollment charter school at the time an order for in-
structional materials is placed are accurate.
(g) A school district or open-enrollment charter school that or-
ders instructional materials in excess of its eligibility by reporting en-
rollments above enrollments described in subsection (d)(1) and (2) of
this section enters into a contract with the state to purchase the instruc-
tional materials supplied that exceed the school district or open-en-
rollment charter school's eligibility for the subject area/grade level. A
school district or open-enrollment charter school may cancel the con-
tract to purchase instructional materials supplied in excess of its eligi-
bility by immediately notifying the TEA of the surplus and posting the
surplus in accordance with instructions provided by the TEA. If prior
approval is received, surplus instructional materials may be returned
to the publisher's approved depository or placed into statewide surplus
inventory in accordance with instructions from the TEA. A school dis-
trict or open-enrollment charter school that fails to notify the TEA of
surplus instructional materials for more than six months after the be-
ginning of the school year shall reimburse the state at the full price for
the surplus instructional materials.
(h) All textbooks must be turned in at the end of the school
year or when the student withdraws from school.
(i) The board of trustees of a school district may not require an
employee of the district to pay for a textbook or instructional technol-
ogy that is stolen, misplaced, or not returned by a student.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on September 22,
2006.
TRD-200605258
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: October 12, 2006
Proposal publication date: March 24, 2006
For further information, please call: (512) 475-1497
+ + +
SUBCHAPTER D. SPECIAL INSTRUCTIONAL
MATERIALS19 TAC 66.121
The State Board of Education (SBOE) adopts an amendment to
66.121, concerning special instructional materials. The amend-
ment is adopted with a change to the proposed text as published
in the March 24, 2006, issue of the Texas Register (31 TexReg
2364). The rule establishes procedures addressing the distribu-
tion and control of braille and large type instructional materials.
The adopted amendment updates the rule and adds language
to make educational materials available for blind or visually im-
paired parents.
In subsection (e), the adopted amendment reflects the closing
of the state textbook depository and implementation of a new
process for redistributing braille and large type instructional ma-
terials.
New subsection (h) specifies in rule that educational materials
are available for blind or visually impaired parents in accessi-
ble formats such as braille and large type. In September 2005,
the American Council of the Blind of Texas sent the commis-
sioner of education a resolution emphasizing that "blind or visu-
ally impaired parents want to play an integral part in their sighted
children's education" and requested that the Texas Education
Agency (TEA) make educational materials available for blind or
visually impaired parents in accessible formats such as braille
and large type. Since the mid-1990s, the TEA has provided
braille versions of state adopted textbooks to blind or visually
impaired parents of sighted public school students, when re-
quested. The number of requests has been very small and there
have been no problems associated with providing these materi-
als to parents who are blind or visually impaired. Staff has deter-
mined that the requested materials can be made available with-
out a need for additional resources.
As a technical edit, the SBOE took action at adoption to add
wording in new subsection (h) to specify that the accessible ma-
terial would be furnished "by the state" and not by another entity.
In accordance with the Texas Education Code, 7.102(f), the
SBOE approved these rule actions for final adoption by a vote of
more than two-thirds of its members to specify an effective date
earlier than the 2007-2008 school year in order for the amended
rule to take effect in a timely manner. The effective date of the
adopted amendment is 20 days after filing as adopted.
During the preparation of the review of 19 TAC Chapter 66 and
previous SBOE meetings, staff met with representatives of the
publishing industry and Textbook Coordinators' Association of
Texas. Publishers and textbook coordinators submitted com-
ments and recommendations for amendments. Subsequent
to the February 2006 SBOE meeting, notice of the proposed
amendments was filed with the Texas Register initiating the
official public comment period. No comments were received
regarding the proposed amendment to 19 TAC 66.121.
The amendment is adopted under the Texas Education Code
(TEC), 7.102(c), which authorizes the SBOE to adopt rules re-
quired by TEC, Chapter 31; and under TEC, 31.003, which au-
thorizes the SBOE to adopt rules for the adoption, requisition,
distribution, care, use, and disposal of textbooks.
The amendment implements the Texas Education Code,
7.102(c) and Chapter 31.
66.121. Special Instructional Materials.
(a) All laws and rules applying to instructional materials pro-
vided to sighted pupils that are not in conflict with the Texas Education31 TexReg 8360 October 6, 2006 Texas Register
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Texas. Secretary of State. Texas Register, Volume 31, Number 40, Pages 8307-8444, October 6, 2006, periodical, October 6, 2006; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97365/m1/52/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.