Chapter 66. State Adoption and Distribution of Instructional
Materials
Subchapter BB. Commissioner's Rules Concerning State-Developed Open-Source
Textbooks
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Electronic textbook--Computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, online services, an electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means.
(2) Instructional materials--Any material or resource that conveys information to the student or otherwise contributes to the learning process, including tools, models, and investigative materials designed for use as part of the foundation curriculum for science in Kindergarten-Grade 5. With the exception of tools, models, and investigative materials designed for use as part of the foundation curriculum for science in Kindergarten-Grade 5, instructional materials in this subchapter are limited to materials that are delivered electronically.
(3) Open-source textbook--An electronic textbook that is 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 textbook.
(4) Publisher--Any developer or distributor of electronic textbooks and instructional materials.
Statutory Authority: The provisions of this §66.1101 issued under the Texas Education Code, §31.076, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1101 adopted to be effective November 21, 2010, 35 TexReg 10220.
The commissioner of education may purchase, through a competitive process, state-developed open-source textbooks 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 textbooks 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, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1103 adopted to be effective November 21, 2010, 35 TexReg 10220.
§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 textbooks 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 textbooks 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 textbooks 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 textbooks 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, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1107 adopted to be effective November 21, 2010, 35 TexReg 10220.
§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 textbooks.
(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, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1109 adopted to be effective November 21, 2010, 35 TexReg 10220.
§66.1111. Request, Public Notice, and Schedule for the Adoption of State-Developed Open-Source Textbooks.
(a) The commissioner of education shall develop a schedule for the adoption of state-developed open-source textbooks under this subchapter. In developing the adoption schedule under this section, the commissioner shall consider:
(1) the availability of funds;
(2) the existing textbook adoption cycles under the Texas Education Code, Chapter 31, Subchapter B; and
(3) the availability of textbooks for development or purchase by the state.
(b) The commissioner may issue a request calling for state-developed open-source textbooks 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 textbook 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 textbooks 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 textbooks.
(d) The request for state-developed open-source textbooks 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 textbooks 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, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1111 adopted to be effective November 21, 2010, 35 TexReg 10220.
§66.1113. Requirements for State-Developed Open-Source Textbooks.
(a) The commissioner of education may purchase state-developed open-source textbooks in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.
(b) State-developed open-source textbooks 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 textbook after purchase.
(d) State-developed open-source textbooks must be created using the industry-standard software specified in the request for state-developed open-source textbooks.
(e) The state must be given access to all final digital files used for the state-developed open-source textbooks.
(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 textbook contributed to the development of the state-developed open-source textbook. The affidavit shall also state in general terms each author's involvement in the development of the state-developed open-source textbook.
(g) Publishers may not submit state-developed open-source textbooks 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, by competitive process, request proposals to revise a state-developed open-source textbook relating to that curriculum.
(i) The commissioner may, at any time, require the revision of a state-developed open-source textbook for a period not to exceed the period under the TEC, §31.022, for which a textbook for that subject and grade level may be adopted.
(j) The review of revised state-developed open-source textbooks shall have the same requirements and occur according to the same process as new state-developed open-source textbooks.
Statutory Authority: The provisions of this §66.1113 issued under the Texas Education Code, §31.076, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1113 adopted to be effective November 21, 2010, 35 TexReg 10220.
§66.1115. Cost of State-Developed Open-Source Textbooks.
(a) The commissioner of education shall determine the cost to a school district or open-enrollment charter school for a state-developed open-source textbook in an amount sufficient to cover state expenses associated with the textbook, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the open-source textbook.
(b) Textbook credits shall be accredited and used in accordance with the Texas Education Code (TEC), §31.073.
(c) For a school district or open-enrollment charter school that chooses a state-developed open-source textbook instead of another textbook adopted under the TEC, Chapter 31, Subchapter B, the difference between the cost determined by the commissioner under subsection (a) of this section and the maximum price for a textbook in the same subject area, as determined by the State Board of Education under the TEC, §31.025, shall be allocated as follows:
(1) 50% of the amount shall be credited to the state textbook fund under the TEC, §31.021, to be used for purposes of this subchapter; and
(2) 50% of the amount shall be credited to the school district or open-enrollment charter school for use as provided by the TEC, §31.1011(c).
(d) Ownership and licensing of state-developed open-source textbooks 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, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1115 adopted to be effective November 21, 2010, 35 TexReg 10220.
§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 a state-developed open-source textbook 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 a state-developed open-source textbook.
Statutory Authority: The provisions of this §66.1117 issued under the Texas Education Code, §31.076, as added by HB 2488, 81st Texas Legislature, 2009.
Source: The provisions of this §66.1117 adopted to be effective November 21, 2010, 35 TexReg 10220.
Last updated: November 22, 2010
For additional information, email rules@tea.state.tx.us.