SECTION 66.1035. Updates to Commissioner-Adopted Instructional Materials

(a) A publisher may submit a request to the commissioner of education for approval to update the content of commissioner-adopted instructional materials. A publisher requesting an update shall do so in a manner and on a form to be determined by the commissioner.

(b) Requests for approval of updates shall provide that there will be no additional cost to local school districts or open-enrollment charter schools.

(c) The commissioner may request that publishers update instructional materials to accurately reflect current knowledge or information. If the publisher chooses not to comply, the commissioner has the discretion to remove the material from the adopted list.

(d) Publishers shall notify the commissioner before making electronic design changes and/or updates that improve performance, design, and technology capabilities, including updates to the navigational features or management system, that enhance the operation and usage for students and teachers but do not include changes to the applicable essential knowledge and skills coverage or new content. Publishers shall provide details of the changes at least 30 business days before the changes are implemented.

(e) A publisher of commissioner-adopted instructional materials may provide alternative formats for use by school districts and open-enrollment charter schools if the cost to schools is equal to or less than the cost of the original product.

(f) Publishers must notify the commissioner in writing if they are providing commissioner-approved products in alternative formats.

(g) Publishers are responsible for informing districts and open-enrollment charter schools of the availability of the alternative formats.

(h) The commissioner may add alternative formats of commissioner-adopted products to the list of available products disseminated to school districts and open-enrollment charter schools.

(i) The commissioner may remove an adopted instructional material from the list of available products at any time.

Source Note: The provisions of this §66.1035 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405