Mississippi Administrative Code › Title 7 - Education K-12 › Part 11 - Textbook and Instructional Materials Administration Handbook Rules and Regulations for the Adoption, Distribution, Care and Use of Textbooks instructional Materials in Mississippi › Section 7-11-Three - Publishers › Section 7-11-Three-8 - CONTRACTS WITH THE STATE OF MISSISSIPPI

Current through June 25, 2024
The bidder, or bidders, to whom contracts are awarded, shall
				  be required to
provide three copies
of the Official Mississippi
				  Textbook Contract without change, addition, or modification. Publishers
must
also, make and execute a sufficient bond (executed in
				  triplicate, Miss. Code Ann. §
									37-43-25) payable to the State of
				  Mississippi with a surety thereon. If changes are made to the ownership of the
				  original contract during the adoption period, a statement of novation is
				  required to continue the contract. The amount of said bond as fixed by the SBE
				  is $2,500 plus $500 per title or grade level. Publishers shall execute the
				  sufficient bond by the date specified.
The bidder or bidders to whom contracts are awarded by
				  the State of Mississippi shall be required to execute contracts with the
				  regional depository for the distribution of adopted instructional
				  materials.
NOTE:
A stock of textbooks sufficient to meet
				  all reasonable and immediate demands shall be held at the regional textbook
				  depository.
Publishers shall submit for adoption textbooks that will be
				  available in ample supply on July 1st of the fiscal
				  year after the adoption. It is the responsibility of the publisher to meet with
				  regional depository personnel prior to the implementation of the contract to
				  ensure that adequate copies of the adopted textbooks are on hand at the
				  regional depository to meet anticipated needs. Publishers are required to sign
				  a contract with the regional depository prior to July
				  1st.
Publishers/vendors with state-adopted textbooks are required
				  to provide teacher editions, if published, to accompany the pupil editions
				  requisitioned by the school district. One teacher edition per certified teacher
				  per classroom is required. This requirement includes special education
				  teachers, Advanced Placement teachers, and alternative education
				  teachers.
A. MANUSCRIPT/GALLEY PROOF
If the finished textbook is not available by the date
				  designated on the Adoption Calendar for Publishers, a publisher may submit a
				  manuscript/galley proof.
However, a bound official sample
SHALL
be filed
				  with the MDE by 5:00 p.m. on the day preceding the adoption declaration by the
				  SBE. Failure to meet this deadline will result in the textbook being removed
				  from consideration for adoption. If the finished textbook becomes available
				  after the manuscript/galley has been submitted, but before the presentation of
				  the said textbook to the committee, the publisher's representative may hand
				  deliver the finished textbook to the committee and pick up the
				  manuscript/galley. When a manuscript/galley is submitted for review by the
				  committee,
no substantive changes
may be made in the content.
				  (Minimum changes may be made that do not affect the compatibility of
				  textbooks.) The MDE reserves the right to review and grant permission before
				  any change can be made.
B.
				ADOPTION PERIOD
The schools of Mississippi follow a five (5) year adoption
				  cycle with the right of the board, in its discretion, to renew or extend the
				  contract from year to year for a period not exceeding two (2) additional years
				  (Miss. Code Ann. §
										37-43-19(c)).
				  Textbooks adopted by the SBE will go under contract the following July
				  1st.
C. DURING THE ADOPTION PROCESS
When a company has bid an item during the adoption process
				  for sale or to be given with the product, it must sell the product for the full
				  catalog price. If the item is specific to the state, then it cannot be given or
				  sold until after the adoption process is complete.
D. SUBSTITUTIONS DURING CONTRACT PERIOD
The SBE permits a publisher to substitute an updated
				  copyright at any time after an adoption or during a contract period provided
				  the following conditions are met:
1.
				The substitution request is submitted in writing along with one copy of the
				revised student and teacher editions along with a revised
FORM B
or
FORM M
with no more than
ten (10) percent
of
				changes.
2. The MDE will convene an
				internal review committee to review the substitution request.
3. The textbook is compatible and may be used
				in the same classroom as the previous copyright.
4. There will be no price increase in the
				contracted amount.
5. Publishers
				keep in print the original (old) copyright for an adoption and make available
				the substitution (new) copyright so that either copyright can be available to
				the schools for purchase and flexibility. Exceptions will be made on a
				book-by-book situation especially in Advanced Placement (AP) courses.
6. The new copyright must also have new
				teacher materials/resources or must be compatible with the old
				copyright.
7. Substitution requests
shall not
be submitted within one year of contract expiration or
				extensions.