Chapter 66. State Adoption and Distribution of Instructional Materials

Subchapter BB. Commissioner's Rules Concerning State-Developed Open-Source Instructional Materials


66.1101. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)  Instructional materials--Content that conveys the essential knowledge and skills of a subject in the public school curriculum through a medium or a combination of media for conveying information to a student. The term includes a book; supplementary materials; a combination of a book, workbook, and supplementary materials; computer software; magnetic media; DVD; CD-ROM; computer courseware; online services; or an electronic medium or other means of conveying information to the student or otherwise contributing to the learning process through electronic means, including open-source instructional materials.

(2)  Open-source instructional materials--Electronic instructional materials that are available for downloading from the Internet at no charge to a student and without requiring the purchase of an unlock code, membership, or other access or use charge, except for a charge to order an optional printed copy of all or part of the instructional materials.

(3)  Publisher--Any developer or distributor of instructional materials or online service.

Statutory Authority: The provisions of this 66.1101 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1101 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1103. Scope of Rules.

The commissioner of education may purchase, through a competitive process, state-developed open-source instructional materials for use in the public schools of Texas according to the Texas Education Code, Chapter 31, and the requirements in this subchapter. State-developed open-source instructional materials recommended as suitable for use in special populations, including bilingual education programs, shall be adopted or purchased according to the rules in this subchapter.

Statutory Authority: The provisions of this 66.1103 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1103 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1105. Requirement for Registers.

The commissioner of education shall require Texas Education Agency staff to keep a register to record:

(1)  all personal contacts with publishers, their representatives, agents, authors, consultants, editors, hardware or software providers, depositories, or any other person who has received or expects to receive any money, thing of value, or financial benefit for an appearance; or

(2)  contact regarding any instructional materials submitted and being considered for commissioner approval.

Statutory Authority: The provisions of this 66.1105 issued under the Texas Education Code, §31.076, as added by HB 2488, 81st Texas Legislature, 2009.

Source: The provisions of this 66.1105 adopted to be effective November 21, 2010, 35 TexReg 10220.


66.1107. Manufacturing Standards and Specifications.

(a)  All state-developed open-source instructional materials shall comply with the requirements of the technical standards of the Rehabilitation Act, 508. If it is determined that good cause exists, the commissioner of education may grant an exception to this requirement.

(b)  A publisher shall file a statement certifying that state-developed open-source instructional materials submitted for consideration will meet the requirements of the technical standards of the Rehabilitation Act, 508. Each statement must be made on a form provided by the commissioner, signed by a company official, and filed on or before the deadline specified in the schedule of adoption procedures.

(c)  If, during the contract period, any state-developed open-source instructional materials are revised and the commissioner determines they no longer meet the requirements of the technical standards of the Rehabilitation Act, 508, the materials shall be made compliant by the publisher without cost to the state. If it is determined that good cause exists, the commissioner may grant an exception to this requirement. This subsection applies only if the instructional materials do not meet the requirements in effect at the time of the contract and does not apply if the Rehabilitation Act, 508, accessibility standards change subsequently.

Statutory Authority: The provisions of this 66.1107 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1107 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1109. Review and Adoption Cycles.

(a)  The commissioner of education may adopt a review and adoption cycle for subjects in the foundation and enrichment curriculum for state-developed open-source instructional materials.

(b)  In determining an adoption cycle, the commissioner shall consider the adoption cycle for subjects in the foundation curriculum and enrichment curriculum adopted by the State Board of Education.

Statutory Authority: The provisions of this 66.1109 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1109 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1111. Request, Public Notice, and Schedule for the Adoption of State-Developed Open-Source Instructional Materials.

(a)  The commissioner of education shall develop a schedule for the adoption of state-developed open-source instructional materials under this subchapter. In developing the adoption schedule under this section, the commissioner shall consider:

(1)  the availability of funds;

(2)  the existing instructional materials adoption cycles under the Texas Education Code, Chapter 31, Subchapter B; and

(3)  the availability of instructional materials for development or purchase by the state.

(b)  The commissioner may issue a request calling for state-developed open-source instructional materials according to the review and adoption cycle for subjects in the foundation curriculum and enrichment curriculum adopted by the State Board of Education or at any other time the commissioner determines that a need exists for additional instructional materials options. The request shall serve as notice to all publishers and to the public that bids to furnish new materials to the state are being invited.

(c)  At a minimum, the request for state-developed open-source instructional materials shall contain the following:

(1)  specifications for essential knowledge and skills in each subject for which bids are being invited;

(2)  information regarding the technical standards of the Rehabilitation Act, 508; and

(3)  a schedule of adoption procedures for state-developed open-source instructional materials.

(d)  The request for state-developed open-source instructional materials shall require instructional materials to cover specific essential knowledge and skills a designated number of times.

(e)  Under extraordinary circumstances, the commissioner may adopt an emergency, supplementary, or revised request for state-developed open-source instructional materials without complying with the timelines and other requirements of this section.

Statutory Authority: The provisions of this 66.1111 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1111 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1113. Requirements for State-Developed Open-Source Instructional Materials.

(a)  The commissioner of education may purchase state-developed open-source instructional materials in accordance with the Texas Education Code (TEC), 31.071. The purchase shall be through a competitive process.

(b)  State-developed open-source instructional materials must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.

(c)  The state must have unlimited authority to modify, delete, combine, or add content to the open-source instructional materials after purchase.

(d)  State-developed open-source instructional materials must be created using the industry-standard software specified in the request for state-developed open-source instructional materials.

(e)  The state must be given access to digital files necessary for content modification used for the state-developed open-source instructional materials.

(f)  Publishers shall submit to the Texas Education Agency (TEA) a signed affidavit certifying that each individual whose name is listed as an author or contributor of a state-developed open-source instructional material contributed to the development of the state-developed open-source instructional material. The affidavit shall also state in general terms each author's involvement in the development of the state-developed open-source instructional material.

(g)  Publishers may not submit state-developed open-source instructional materials that have been authored by an employee of the TEA.

(h)  Following the revision of curriculum by the State Board of Education, the commissioner shall require the revision of state-developed open-source instructional materials relating to that curriculum. The commissioner shall use a competitive process to request proposals to revise state-developed open-source instructional materials.

(i)  The commissioner may, at any time, require the revision of a state-developed open-source instructional material for a period not to exceed the period under the TEC, 31.022, for which an instructional material for that subject and grade level may be adopted.

(j)  The review of revised state-developed open-source instructional materials shall have the same requirements and occur according to the same process as new state-developed open-source instructional materials.

Statutory Authority: The provisions of this 66.1113 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1113 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1115. Cost of State-Developed Open-Source Instructional Materials.

(a)  The commissioner of education shall determine the cost to a school district or open-enrollment charter school for state-developed open-source instructional materials in an amount sufficient to cover state expenses associated with the instructional materials, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the open-source instructional materials.

(b)  Ownership and licensing of state-developed open-source instructional materials shall be in accordance with the TEC, 31.075.

Statutory Authority: The provisions of this 66.1115 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1115 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


66.1117. Preparing and Completing Contracts.

(a)  The state contract form shall not be changed or modified without approval of the Texas Education Agency (TEA) legal counsel and the TEA procurement office.

(b)  Contract forms shall be sent to the publishers for signature. Signed contracts returned by the publishers shall be signed by TEA staff designated by the commissioner of education. Properly signed contracts shall be filed with the TEA.

(c)  The commissioner may use a competitive process to contract for printing or other reproduction of state-developed open-source instructional materials on behalf of a school district or open-enrollment charter school. The commissioner may not require a school district or open-enrollment charter school to contract with a state-approved provider for the printing or reproduction of state-developed open-source instructional materials.

Statutory Authority: The provisions of this 66.1117 issued under the Texas Education Code, 31.076.

Source: The provisions of this 66.1117 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.


For additional information, email rules@tea.state.tx.us.