Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 11 - TEXTBOOK ADOPTION › Section 581-011-0087 - Digital, Electronic, or Web-based Materials and Media

Current through Register Vol. 63, No. 7, July 1, 2024
(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) According to ORS
			 337.060 a publisher or other
			 supplier who submits a proposal under 337.060 is required to pay a fee equal to
			 the retail price expended by a school district during the length of the
			 contract period, or $50, whichever is greater, for each title or item of
			 instructional material proposed by the publishers or supplier for review and
			 adoption by the Board. 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 (as opposed to a single payment). Bid proposal fees are
			 payable prior to consideration of the proposal.
(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 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 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