SECTION 66.41. Adding Content During the Panel Review

(a) A publisher may add or edit content to instructional materials during the panel review only to allow the materials to:

(1) meet the Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage percentage the publisher had specified on the correlation document submitted for that instructional product;

(2) meet 100% of the English language proficiency standards (ELPS) designated for the subject and grade for which the instructional product is intended; and

(3) address any factual errors.

(b) To be eligible to have content added as described in subsection (a) of this section, the material must, upon its initial review, be identified as meeting:

(1) at least 75% of the TEKS or TPG coverage percentage indicated by the publisher on the correlation document submitted for that material; and

(2) at least 75% of the ELPS designated for the subject and grade for which the material is intended.

(c) A publisher shall have one opportunity to provide a written request for the Texas Education Agency (TEA) to further review instructional material that, in accordance with subsection (b) of this section, is not eligible to have new content added. The request for further review must be received by TEA within the timeframe established by the TEA at the start of the review.

(d) New content may be provided as print samples, electronic samples in an open file format or closed format, or galley proofs for review by the state review panels.

(e) New content must be provided to the review panels as quickly as possible and within the timeframe established by the TEA.

(f) Electronic samples of new content approved by the review panels for the purpose of making the product eligible for adoption shall be submitted to the TEA and each education service center prior to the adoption of instructional materials. New content submitted under this subsection must be submitted by the deadline established in the schedule of adoption procedures in the proclamation.

(g) If a publisher receives a request or a "no report" from a panel, the publisher shall be given no less than 48 hours to provide content in response to the request or report.

Source Note: The provisions of this §66.41 adopted to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989