581-011-0087 Digital, Electronic, or Web-based Materials and Media (1) As indicated in OAR 581-011-0050(1) and (2), Instructional materials are defined as any organized system which constitutes the major instructional vehicle for a given course of study, or any part thereof. Instructional Material may include digital content or software in a format such as electronic and internet or web-based materials or media. (2) Contract, review, and evaluation process involving digital, electronic, or web-based materials and media shall be the same as print materials. (3) As stated in OAR 581-011-0086, the State Board of Education must approve the request of a publisher to substitute a more recent edition or version of any officially adopted material. However, software updates that improve functionality, performance, or accuracy are allowed if approved by the Department of Education. New and revised editions or versions must be sold at the same or lower price as those previously approved. (4) Bid proposals must include available retail price structures such as per-student, per-computer, subscription and other unit price structures and may include models where the cost is divided over multiple years and paid annually. (5) Materials that comply with the interoperability standards can be considered for adoption according to ORS 337.075. (6) Materials shall be accessible consistent with OAR 581-015-2060, 581-022-2355, 581-022-2340, 581-022-2360, 581-011-0052 and compliant with all state or federal laws regarding accessibility. A publisher that offers digital, electronic, or web-based materials must provide an accessibility conformance report for each electronic component that documents adherence to the Web Content Accessibility Guidelines (WCAG) identified in the circular of information and technical standards required by the Federal Rehabilitation Act, Section 508. The report must be based on an audit testing a random sampling of each different type of electronic component as outlined in each circular of information. (7) Materials cannot include free or gratis equipment such as computer hardware, technology devices or equipment, which are intended to deliver or display the material but which are not instructional materials. This includes but is not limited to computers, laptops, handheld devices, microscopes, CD/DVD players, overhead or LCD projectors, electronic whiteboards, phone/music/transmitting and listening devices, and cameras. (8) In accordance with ORS 337.090, if any publisher fails to carry out the provisions of the contract or with the intent to evade the provisions of the contract, sells any of the materials in this state at prices higher than specified in the contract of the publisher, the Board may, on behalf of the state, rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publisher’s bond or letter of credit, payable to the State of Oregon for the benefit of the Common School Fund. Statutory/Other Authority: ORS 337.035 Statutes/Other Implemented: ORS 337.035 History: ODE 60-2025, amend filed 12/12/2025, effective 12/12/2025 ODE 31-2025, amend filed 06/16/2025, effective 06/16/2025 ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023 ODE 27-2019, minor correction filed 08/07/2019, effective 08/07/2019 ODE 1-2010, f. & cert. ef. 2-8-10 ODE 3-2009, f. & cert. ef. 6-29-09