SECTION 66.75. Updates to Adopted Instructional Materials

(a) A publisher may submit a request to the commissioner of education for approval to update content in state-adopted instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the update. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. The request must be accompanied by an electronic sample of the proposed updates. Proposed changes shall be posted on the Texas Education Agency (TEA) website for a minimum of seven calendar days prior to approval.

(b) A publisher that requests to update content in state-adopted instructional materials must comply with the following additional requirements:

(1) provide that there will be no additional cost to the state;

(2) certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors; and

(3) certify that the updates do not affect the product's coverage of Texas Education Code (TEC), §28.002(h), as it relates to that specific subject and grade level or course(s), understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.

(c) With prior commissioner approval, publishers may, at any time, make changes that do not affect the product's Texas essential knowledge and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) coverage or its coverage of Texas Education Code, §28.002(h).

(1) Requests for approval of updates to content that was not used in determining the product's eligibility for adoption must be submitted to the commissioner prior to their introduction into state-adopted instructional materials to confirm that the changes do not affect TEKS or TPG coverage or coverage of TEC, §28.002(h).

(2) Responses from the commissioner to update requests shall be provided within 30 days after receipt of the request. If no action has been taken by the end of the 30 days, the request is deemed approved.

(d) All requests for updates involving content used in determining the product's eligibility for adoption must be approved by the State Board of Education (SBOE) prior to their introduction into state-adopted instructional materials. Requests must be submitted in a format designated by the commissioner and must include correlations to applicable student expectations. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be posted on the TEA website for a minimum of seven calendar days prior to approval. The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to such content in state-adopted instructional materials prior to delivery of the materials to school districts.

(e) Publishers must agree to supply the previous version of state-adopted instructional materials to school districts that choose to continue using the previous version during the duration of the original contract. This subsection does not apply to electronic instructional materials.

(f) A publisher of instructional materials may provide alternative formats for use by school districts if:

(1) the content is identical to SBOE-approved content;

(2) the alternative formats include the identical revisions and updates as the original product; and

(3) the cost to the state and school is equal to or less than the cost of the original product.

(g) Alternative formats may be developed and introduced at any time during the adoption cycle in conformance with the procedures for adoption of other state-adopted materials.

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

(i) Publishers are responsible for informing districts of the availability of the alternative formats and for accurate fulfillment of orders for them.

(j) The commissioner may add alternative formats of SBOE-approved products to the list of adopted products available to school districts.

(k) Publishers of SBOE-adopted instructional materials may, at any time, without seeking approval from the SBOE or the commissioner, make technical enhancements or improvements that do not add or change content, provided the enhancements do not change the technical requirements for districts to continue to be able to access the materials in the same manner as originally submitted.

(l) The commissioner may provide an opportunity for publishers to submit updated content and new correlations to that content to update the product's official TEKS or TPG coverage percentage. The commissioner shall post an annual schedule of review procedures on the agency website to provide publishers with adequate notice of review timelines. The updated content shall be reviewed by state review panels during the next available state review panel meeting in accordance with the annual schedule of review procedures. Following the review, the commissioner shall provide a report to the SBOE that includes the following:

(1) the findings of the review panels regarding the TEKS or TPG coverage as provided in the updated content; and

(2) alleged factual errors in the updated content identified by state review panels.

(m) The SBOE shall either accept or reject each updated TEKS or TPG coverage percentage and errors report in accordance with §66.66 of this title (relating to Consideration and Adoption of Instructional Materials by the State Board of Education). An updated TEKS alignment determination is considered final, pursuant to TEC, §31.023(a-1).

Source Note: The provisions of this §66.75 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective August 15, 1999, 24 TexReg 5699; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 21, 2014, 39 TexReg 3855; amended 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