Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 11 - TEXTBOOK ADOPTION › Section 581-011-0090 - Assessment of Submission Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following provisions shall govern the payment and
				collection of submission fees required of publishers who submit instructional
				materials for adoption. These rules are established pursuant to ORS
				337.065.
(1) The fee, the retail price or $50
			 whichever is greater, will be levied for each title or item of instructional
			 material which is submitted by the publisher for review and possible adoption
			 by the State Board of Education. An "item of instructional material" as used in
			 this subsection is a component, set or kit of instructional materials packaged
			 and sold as a unit. The publisher will indicate on the submission forms and the
			 official proposal forms furnished by the Department of Education only the
			 item(s) proposed for adoption.
(2)
			 No fee will be required for teacher's editions of instructional materials which
			 contain the same textual material as students' content for teacher use even
			 though they may be evaluated in conjunction with the basic instructional
			 program to support its strength. However, in those instances in which a
			 teacher's guide in itself constitutes the basic program, the fee will be
			 charged.
(3) An item of
			 instructional material which is submitted in multiple forms (e.g., hardback,
			 softback, electronic, loose-leaf or broken into several parts which are
			 produced as separate units -- unless these parts are submitted for adoption at
			 separate grade levels) which contain the same content and are evaluated
			 essentially as one item will be assessed only one fee for the most costly
			 format. If the materials are submitted as a set or kit for a continuous
			 sequence of grades, a separate fee will be charged for each grade encompassed.
			 If an item of instructional material is submitted in more than one category, a
			 separate submission form and official proposal form must be completed for each
			 category. A separate fee will be assessed for each category.
(4) Official forms for submission of
			 instructional materials by publishing companies for consideration for adoption
			 shall carry instructions and provide columns for entering the retail price and
			 the fee to be paid for each item. Such fees will be checked for accuracy by the
			 Department of Education on receipt of the forms, and the company will be billed
			 for the amount due. The publisher's materials are approved for evaluation for
			 adoption upon receipt of the correct fee. No fees will be refunded once the
			 evaluation has been completed except in cases of fees miscalculation.
(5)
(a) The
			 Department of Education may waive the fee described in subsection (1) of this
			 rule for an item of instructional material if the item is:
(A) A teaching and learning resource that
			 resides in the public domain or that has been released under an intellectual
			 property license that permits the free use and/or repurposing by others of the
			 title or item;
(B) A basal
			 instructional program as defined in OAR 581-011-0050; and
(C) Submitted in the format described in
			 paragraph (A) of this subsection.