Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 66 - STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS › Subchapter B - STATE ADOPTION OF INSTRUCTIONAL MATERIALS › Section 66.28 - Requirements for Publisher Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) A publisher with adopted materials shall
				  comply with product standards and specifications.
(1) Hard copy instructional materials adopted
				  by the State Board of Education (SBOE) shall comply with the standards in the
				  latest edition of Manufacturing Standards and Specifications for Textbooks
				  approved by the National Advisory Commission on Textbook Specifications, as
				  applicable. A publisher shall file a statement certifying instructional
				  materials submitted for consideration will meet applicable product standards
				  and specifications if adopted. Each statement must be made in a format
				  designated by the commissioner of education, signed by a company official, and
				  filed on or before the deadline specified in the schedule of adoption
				  procedures in each proclamation. If the commissioner determines that good cause
				  exists, the commissioner may approve an exception for a specific portion or
				  portions of this requirement.
(2) A
				  publisher that offers electronic instructional materials must provide a report
				  for each electronic component that verifies that the components follow the Web
				  Content Accessibility Guidelines (WCAG) identified in the proclamation and
				  technical standards required by the Federal Rehabilitation Act, Section 508.
				  The report must be prepared by an independent third party and be based on an
				  audit testing a random sampling of each different type of electronic component
				  as outlined in each proclamation. If applicable, the number of pages to be
				  audited to meet the requirements in the proclamation shall be determined by the
				  publisher.
(3) A publisher that
				  provides access to materials to students with disabilities through an alternate
				  format shall include a link to that material on the entrance page of the main
				  product.
(4) Materials delivered
				  online shall meet minimum web-based standards.
(5) If, during the contract period, the
				  commissioner determines that any adopted instructional materials have faulty
				  manufacturing characteristics or are made of inferior materials, the materials
				  shall be replaced by the publisher without cost to the state.
(6) If, during the contract period, the
				  commissioner determines that any publisher's adopted instructional materials do
				  not comply with the WCAG standards identified in the proclamation or the
				  technical standards required by the Federal Rehabilitation Act, Section 508,
				  the publisher's instructional materials contract may be presented to the SBOE
				  for termination.
(7) A publisher of
				  adopted instructional materials shall make available samples that meet the
				  requirements of this subsection to an SBOE member upon that member's request,
				  beginning on the date the publishers are required to submit their final samples
				  to the Texas Education Agency (TEA).