TCAT
Textbook
Coordinator Training 101
An
Introduction to Textbook Management
P.D.
Thomas
Allen
ISD
PD_Thomas@allenisd.org
Textbook Coordinator's Terms
110%
The SBOE and TEA set up a percentage for which textbooks can be order as it relates to the student population of the district. (Normally that percent is 110%.)
adoption rate
The percentage of textbooks that a district can order based on student enrollment. (Normally it is 110%.)
ancillary materials
The additional textbook materials that a publisher says that it will provide free of charge to the school district. A list of these materials must be submitted to the TEA and must be provided to all districts at the same ratio.
annual order
This is the textbook order made prior to April 1, of each year by a school district to order newly adopted textbooks, additional consumable textbooks, and textbooks for growth for next school year.
ARD
Annual Review of Disability - a required meeting to review the placement of a special education student.
bilingual program
This program is to teach Spanish speaking students in their on language and to move toward the mastery of the English language.
bill of lading (freight bill)
This is the documentation that freight companies use to show the number of carton/boxes that they are delivering.
Braille
Textbooks provided in Braille type for blind students or teachers.
charter school
Schools that are have been granted a charter by the State Commissioner of Education, setting up an independent district.
conforming
When the SBOE adopts textbooks, the textbook is either conforming (meeting all 100% of the TEKS are covered) or non-conforming (only 50% to 99% of the TEKS are covered).
content mastery
This is a special education program where students who need assistance are pulled out of a regular------class on a limited basis. The TEA does not provide addition textbooks to operate this program.
Coordinator's Manual
This is a manual that is written by the TEA Textbook staff. It outlines the specific rules and procedures that are required for the adoption and handling of state textbooks.
Default software format used by TEA to generate EMAT reports.
Current Adoption Bulletin
Provided by TEA noting every item adopted for use by the state.
depository
A
textbook warehouse, that TEA requires publishers to use. All publishers must
warehouse their textbooks in a facility in
electronic textbooks
A special classification of textbooks that are CD-ROM or internet site driven.
EMAT
Educational Materials Administrative Technology - This is the TEA'S on line system to order and account for textbooks.
enrichment curriculum
This curriculum is any subject that is not a foundation curriculum. Examples of enrichment subjects are health, PE, languages other than English, art, fine arts, economics, career and technology.
ESL program
English as a Second Language - This is a program that is intended to teach English to any non-English speaking student. There are TEA approved materials for this program.
ESOL
English for Speakers of Other Languages – Curriculum designed for students whose home language is not English. Unlike ESL this is English course specific.
extension
This term relates to a decision by the SBOE to extend the adoption period of a textbook beyond its normal 6 years.
foundation curriculum
This
curriculum is any subject that comes from this group of subjects: English
language, mathematics, science, social studies (government, geography,
free
textbooks
This
is a term used in the Texas Constitution calling for the state to provide
textbooks to the students of
free with order teacher materials
This is material(s) provided by a textbook publisher above and beyond Teachers editions and ancillary materials.
freight bill
See - bill of lading
IEP
Individual Educational Plan - This is the education plan developed in an ARD for a special education student.
Instructional Materials Bulletin
This is a booklet that is developed by the TEA Textbook staff. It lists all of the adopted textbook materials in the state. In addition it explains the cost, adoption period, publisher, depository, and other information about the textbook.
interim shipment
Surplus or damaged books returned to TEA between October and January each year.
ISBN
A unique ten-digit number assigned to every textbook or system, used by publishers or users to identify specific items.
Large type
Textbooks which, have been enlarged for visually impaired students or teachers.
1imitations on cost
The TEA and the SBOE established limit or cap that the state will pay for a specific textbook. If a district selects a textbook that exceeds this limit the additional funds must come from the local school district.
1ocal account
This is the term that TEA and the SBOE use to describe the responsibility that a local school district has for all of the state adopted and paid for textbooks.
1ocal textbook selection committee
The group of staff members within a school district, that review and make recommendation to the local school board for what new textbooks to select for use in that district.
membership audit
This is the term used by TEA to describe how it will audit local school districts on textbook inventories. The TEA Audit Division reviews the enrollment of a district’s students to determine if excessive textbooks have been ordered by the local districts.
MLC (multiple list code)
Multiple List Code - TEA adopts textbooks for specific grade or subject. This is the 4 digit number they use to represent each subject.
nonconforming
see - conforming
OAs (Out of Adoption)
Describes textbooks that have been used by the state, but have been replaced by newer textbooks.
off list
This term refers to textbooks that are neither conforming nor non-conforming.
online
When you are working at your computer and you are interfaced with the world wide web or the internet, you are online.
packing list
A document listing all items included in a specific shipment from the publisher.
population
student enrollment by grade or subject
proclamation
Document established by the SBOE setting timeline and requirements for adoption of textbooks.
requisition
see supplemental order
samples
Materials provided by publishers for review of new textbooks to be adopted for use by school districts.
SE – Student Edition
Student textbook.
SBOE
State Board of Education. Panel of elected people who establish rules governing operation of TEA.
special textbooks
Braille and Large print textbook books.
split adoption
Ordering more than one title for a specific subject. While it can be educationally sound, it can be a disaster waiting to happen for a textbook coordinator.
state
Texas Education Agency
state textbook depository
Warehouse
located in
supplemental order
0rder submitted to TEA after the annual order, for additional textbooks for increased enrollment.
surplus textbooks
All textbooks that exceed the state approved quantity based on enrollment.
systems
A set of educational material that are distributed to one per teacher and may contain several parts.
TEA (Texas Education Agency)
The
state administrative organization that regulates and oversees public education
in state of
TE - Teacher Edition
Book correlated to the student edition textbook. Material(s) provided by publisher for teachers per contract with TEA.
TEKS
TEX-009
TEA form used by a local school district to pay TEA for lost or damaged textbooks
TEX-012
TEA
form used to let a
TEX-013
TEA form to report an error for any textbook shipment to a local school district. It can be for damaged textbooks, overages or shortage as compared to the packing list.
TEX-031
TEA
form used to show a
Texas Depository Manager's Association
A group composed of one representative from each of the publisher's depositories that oversees the pick up and recycling of all out-of-adoption textbooks.
State laws and SBOE rules that have been passed to regulate the operation of schools,
Textbook adoption cycle
The number of years each textbooks is adopted to be used. (Normally 6 years, but has been extended to over 10 years in some cases.)
Textbook Division
This
is the TEA division that over sees the adoption and purchase of textbooks in
TR – Teacher Resource Material
Materials provided to support the teacher edition such as test generators, black line masters, overhead transparencies, etc.
Worn out textbooks
This is the term used by TEA to describe a textbook that has been used to the extent that it should not be reissued to a student. The local district must determine the quality of each textbook. TEA will replace all textbooks classified as worn out.
Textbook
Coordinator’s useful web sites
compiled by : P.D. Thomas Allen ISD & Bert Curtis
PD_Thomas@allenisd.org
|
|
Web
address |
Description |
|
1 |
www.angelfire.com/bc/gisdbookman/ |
Bert Curtis - Garland ISD Textbook Coordinator Home page |
|
2 |
www.tcat.org/ |
Textbook
Coordinators' Association of Texas (TCAT)
Home page |
|
3 |
www.angelfire.com/bc/gisdbookman/depositories.html |
Texas Textbook Depositories, addresses, and phone numbers |
|
4 |
www.tea.state.tx.us/ |
TEA Home Page |
|
5 |
www.tea.state.tx.us/Textbooks/ |
TEA Textbook Administration |
|
6 |
seguin.tea.state.tx.us/apps/logon.asp |
TEA - EMAT textbook materials order logon site |
|
7 |
www.tea.state.tx.us/Textbooks/materials/tcmanual.html |
TEA Textbook Coordinators' Manual |
|
8 |
www.tea.state.tx.us/Textbooks/adoptprocess/ |
TEA Adoption instructions |
|
9 |
www.tea.state.tx.us/Textbooks/adoptprocess/adoption_cycle.html |
TEA upcoming adoptions |
|
10 |
www.tea.state.tx.us/Textbooks/staff/ |
TEA Staff Directory |
|
11 |
www.tea.state.tx.us/teks/ |
TEA TEKS guidelines |
|
12 |
www.capitol.state.tx.us/statutes/statutes.html |
|
|
13 |
www.tea.state.tx.us/sboe/board/sboelist.html |
|
|
14 |
www.state.tx.us/ |
State
of |
|
15 |
www.state.tx.us/Government/ |
|
|
16 |
www.TASAnet.ORG/ |
|
|
17 |
www.capitol.state.tx.us/ |
Texas Legislature on line |
|
18 |
www.tasbo.org/ |
TASBO home page |
|
19 |
www.ssbd.com/default.html |
|
|
20 |
www.ssbd.com/pubs.htm#D |
|
|
21 |
www.academicbook.com/ |
Academic
Book Services - used book
vendor |
|
22 |
www.budgetext.com/ |
Budget
text - used book vendor |
|
23 |
www.fes.follett.com/ |
Follett
Educational Services - used
book vendor |
|
27 |
www.hayessoft.com/ |
Hayes and Assoc. textbook tracking software |
CHAPTER
31.
TEXTBOOKS
SUBCHAPTER A. GENERAL
PROVISIONS
§
31.001. Free Textbooks
Textbooks selected for use in the public schools shall be furnished without cost to the students attending those schools.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.002. Definitions
In this chapter:
(1) "Electronic textbook" means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, on-line services, an electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means.
(2) "Publisher" includes an on-line service or a developer or distributor of an electronic textbook.
(3) "Textbook" means a book, a system of instructional materials, or a combination of a book and supplementary instructional materials that conveys information to the student or otherwise contributes to the learning process, or an electronic textbook.
(4) "Technological equipment" means hardware, a device, or equipment necessary for:
(A) instructional use in the classroom, including to gain access to or enhance the use of an electronic textbook; or
(B) professional use by a classroom teacher.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.003. Rules
The State Board of Education may adopt rules, consistent with this chapter, for the adoption, requisition, distribution, care, use, and disposal of textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
B. STATE FUNDING, ADOPTION, AND PURCHASE
§
31.021. State Textbook Fund
(a) The state textbook fund consists of:
(1) an amount set aside by the State Board of Education from the available school fund;
(2) all funds accruing from the state's sale of disused textbooks; and
(3) all amounts lawfully paid into the fund from any other source.
(b) The State Board of Education shall annually set aside out of the available school fund of the state an amount sufficient for the board, school districts, and open-enrollment charter schools to purchase and distribute the necessary textbooks for the use of the students of this state for the following school year. The board shall determine the amount of the available school fund to set aside for the state textbook fund based on:
(1) a report by the commissioner issued on July 1 or, if that date is a Saturday or Sunday, on the following Monday, stating the amount of unobligated money in the fund;
(2) a requirement to provide an allotment to be distributed to each district equal to $30 per student in average daily attendance, or a greater amount for any year provided by appropriation, to be used only to:
(A) provide for the purchase by school districts of electronic textbooks or technological equipment that contributes to student learning; and
(B) pay for training educational personnel directly involved in student learning in the appropriate use of electronic textbooks and for providing for access to technological equipment for instructional use;
(3) the commissioner's estimate, based on textbooks selected under Section 31.101 and on attendance reports submitted under
Section 31.103 by school districts and open-enrollment charter schools, of the amount of funds, in addition to funds reported under Subdivision (1), that will be necessary for purchase and distribution of textbooks for the following school year; and
(4) any amount the board determines should be set aside for emergency purposes caused by unexpected increases in attendance.
(c)
Repealed by Acts 1997, 75th Leg., ch. 258, § 2, eff.
(d) Money transferred to the state textbook fund remains in the fund until spent and does not lapse to the state at the end of the fiscal year.
(e) All necessary expenses incurred under this chapter shall be paid from the state textbook fund on invoices approved by the commissioner.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 1997, 75th Leg., ch. 258, §§ 1, 2, eff.
§
31.022. Textbook Review and Adoption
(a) The State Board of Education shall adopt a review and adoption cycle for textbooks for elementary grade levels, including prekindergarten, and secondary grade levels, for each subject in the required curriculum under Section 28.002.
(b) The board shall organize the cycle for subjects in the foundation curriculum so that not more than one-sixth of the textbooks for subjects in the foundation curriculum are reviewed each year. The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the foundation curriculum at least every six years. The adoption of textbooks for a subject in the foundation curriculum may be extended beyond the six-year period only if the content of textbooks for a subject is sufficiently current.
(c) The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the enrichment curriculum on a cycle the board considers appropriate.
(d) At least 24 months before the beginning of the school year for which textbooks for a particular subject and grade level will be purchased under the review and adoption cycle adopted by the board, the board shall publish notice of the review and adoption cycle for those textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.023. Textbook Lists
(a) For each subject and grade level, the State Board of Education shall adopt two lists of textbooks. The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications adopted by the
State Board of Education and contains material covering each element of the essential knowledge and skills of the subject and grade level as determined by the State Board of Education under Section 28.002 and adopted under Section 31.024. The nonconforming list includes each textbook submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted by the State Board of Education;
(2) contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level; and
(3) is adopted under Section 31.024.
(b) Each textbook on a conforming or nonconforming list must be free from factual errors.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.024. Adoption by State Board of Education
(a) By majority vote, the State Board of Education shall:
(1) place each submitted textbook on a conforming or nonconforming list; or
(2) reject a textbook submitted for placement on a conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the school year for which the textbooks for a particular subject and grade level will be purchased under the cycle adopted by the board under Section 31.022, the board shall provide the lists of adopted textbooks to each school district. Each nonconforming list must include the reasons an adopted textbook is not eligible for the conforming list.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.025. Limitation on Cost
(a) The State Board of Education shall set a limit on the cost that may be paid from the state textbook fund for a textbook placed on the conforming or nonconforming list for a particular subject and grade level. The board may not reject a textbook for placement on the conforming or nonconforming list because the textbook's price exceeds the limit established under this subsection.
(b) Subject to Section 31.151, if a school district or open-enrollment charter school selects a textbook from a conforming or nonconforming list that exceeds the limit established under Subsection (a):
(1) the state shall pay the publisher an amount equal to the limit established under Subsection (a) multiplied by the number of textbooks the district or school requisitions; and
(2) the district or school is responsible for the remainder of the cost.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.026. Contract; Price
(a) The State Board of Education shall execute a contract:
(1) for the purchase of each adopted textbook other than an electronic textbook; and
(2) for the purchase or licensing of each adopted electronic textbook.
(b) A contract must require the publisher to provide the number of textbooks required by school districts in this state for the term of the contract, which must coincide with the board's adoption cycle.
(c) As applicable, a contract must provide for the purchase or licensing of a textbook at a specific price, which may not exceed the lowest price paid by any other state or any school or school district. The price must be fixed for the term of the contract.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.027. Information to
(a) A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's adopted textbooks. On request of a school district, a publisher shall provide a sample copy of an adopted textbook.
(b) A publisher shall provide at least two sample copies of each adopted textbook to be maintained at each regional education service center.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.028. Special Textbooks
(a) The State Board of Education may purchase special textbooks for the education of blind and visually impaired students in public schools. In addition, for a teacher who is blind or visually impaired, the board shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each textbook the teacher uses in the instruction of students. The teacher edition must be available at the same time the student textbooks become available.
(b) The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the State Board of Education. A publisher shall arrange computerized textbook files in one of several optional formats specified by the State Board of Education.
(c) The board may also enter into agreements providing for the acceptance, requisition, and distribution of special textbooks and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other than for administrative costs, are not involved.
(d) In this section:
(1) "Blind or visually impaired student" includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in a regularly adopted textbook used in the student's class.
(2) "Special textbook" means a textbook in Braille, large type or any other medium or any apparatus that conveys information to
a student or otherwise contributes to the learning process.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.029. Bilingual Textbooks
The board shall purchase or otherwise acquire textbooks for use in bilingual education classes.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.030. Used Textbooks
The State Board of Education shall adopt rules to ensure that used textbooks sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used textbooks who knowingly violates this section.
Added
by Acts 2001, 77th Leg., ch. 805, § 2, eff.
SUBCHAPTER
C. LOCAL OPERATIONS
§
31.101. Selection and Purchase of Textbooks by
(a) Each year, during a period established by the State Board of Education, the board of trustees of each school district and the governing body of each open-enrollment charter school shall:
(1) for a subject in the foundation curriculum, notify the State Board of Education of the textbooks selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each textbook selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or
(B) notify the State Board of Education that the board of trustees or governing body has selected a textbook that is not on the conforming or nonconforming list.
(b) If a school district or open-enrollment charter school selects a textbook for a particular subject in the enrichment curriculum and grade level that is not on the conforming or nonconforming list, the state shall pay to the district or school an amount equal to the lesser of:
(1) 70 percent of the cost to the district of the textbook, multiplied by the number of textbooks the district or school needs for that subject and grade level; or
(2) 70 percent of the limitation established under Section 31.025 for a textbook for that subject and grade level, multiplied by the number of textbooks the district or school needs for that subject and grade level.
(c) A school district or open-enrollment charter school that selects a textbook that is not on the conforming or nonconforming list:
(1) is responsible for the portion of the cost of the textbook that is not paid by the state under Subsection (b); and
(2) may use funds received from the state under Subsection (b) only for purchasing the textbook for which the funds were received.
(d) For a textbook that is not on the conforming or nonconforming list, a school district or open-enrollment charter school must use the textbook for the period of the review and adoption cycle the State Board of Education has established for the subject and grade level for which the textbook is used.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.1011. Textbook Credits
Text of section effective until
(a) The commissioner shall implement a program to study the use of credits for textbooks. The program shall be designed to allow a participating school district or open-enrollment charter school to receive credit for textbooks purchased at a cost below the cost limit established under Section 31.025(a).
(b) The credit is an amount equal to the difference between the price paid for a textbook and the cost limit established under
Section 31.025(a) for that textbook multiplied by the number of copies of that textbook the participating school district or open-enrollment charter school purchases.
(c) Fifty percent of the total textbook credit of a participating school district or open-enrollment charter school shall be credited to the state textbook fund, and 50 percent of the credit shall be credited to the participating district or school to apply toward the requisition of additional textbooks or electronic textbooks on the conforming or nonconforming list.
(d) The commissioner shall prepare a report relating to the use of the textbook credit system and deliver the report to the 79th Legislature.
(e)
This section expires
Added
by Acts 2001, 77th Leg., ch. 805, § 3, eff.
§
31.102. Title and Custody
(a) Each textbook purchased as provided by this chapter is the property of this state.
(b) Subsection (a) applies to an electronic textbook only to the extent of any applicable licensing agreement.
(c) The board of trustees of a school district or the governing body of an open-enrollment charter school is the legal custodian of textbooks purchased as provided by this chapter for the district or school. The board of trustees shall distribute textbooks to students in the manner that the board or governing body determines is most effective and economical.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.103. Textbook Requisitions
(a) Not later than the seventh day after the first school day in April, each principal shall report the maximum attendance for the school to the superintendent. Not later than April 25, the superintendent of a school district or the chief operating officer of an open-enrollment charter school shall report the district's or school's maximum attendance to the commissioner.
(b) A requisition for textbooks for the following school year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise provided. A school district or open-enrollment charter school shall make a requisition for a textbook on the conforming or nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by State Board of Education rule, as applicable, not later than June 1 of each year.
The designated state depository or, if the publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B), the publisher or manufacturer shall fill a requisition approved by the agency at any other time in the case of an emergency.
(c) In making a requisition under this section, a school district or open-enrollment charter school may requisition textbooks on the conforming or nonconforming list for grades above the grade level in which a student is enrolled, except that the total quantity of textbooks requisitioned under this section may not exceed the limit prescribed by Subsection (b).
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 2, eff.
§
31.1031. Shortage of Requisitioned Textbooks
If a school district or open-enrollment charter school does not have a sufficient number of copies of a textbook used by the district or school for use during the following school year, and a sufficient number of additional copies will not be available from the depository or the publisher within the time specified by Section 31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a rate and in the manner provided by State Board of Education rule, for the purchase of a sufficient number of used adopted textbooks; or
(2) return currently used textbooks to the commissioner in exchange for sufficient copies, if available, of other textbooks on the conforming or nonconforming list to be used during the following school year.
Added
by Acts 2001, 77th Leg., ch. 805, § 5, eff.
§
31.104. Distribution and Handling
(a) The board of trustees of a school district or the governing body of an open-enrollment charter school may delegate to an employee the authority to requisition, distribute, and manage the inventory of textbooks in a manner consistent with this chapter and rules adopted under this chapter.
(b) A school district or open-enrollment charter school may order replacements for textbooks that have been lost or damaged directly from:
(1) the textbook depository; or
(2) the textbook publisher or manufacturer if the textbook publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B).
(c) Each textbook must state that the textbook is the property of or is licensed to this state, as appropriate. Each textbook, other than an electronic textbook, must be covered by the student under the direction of the teacher. A student must return all textbooks to the teacher at the end of the school year or when the student withdraws from school.
(d) Each student, or the student's parent or guardian, is responsible for each textbook not returned by the student. A student who fails to return all textbooks forfeits the right to free textbooks until each textbook previously issued but not returned is paid for by the student, parent, or guardian. As provided by policy of the board of trustees or governing body, a school district or open-enrollment charter school may waive or reduce the payment requirement if the student is from a low-income family. The district or school shall allow the student to use textbooks at school during each school day. If a textbook is not returned or paid for, the district or school may withhold the student's records. A district or school may not, under this subsection, prevent a student from graduating, participating in a graduation ceremony, or receiving a diploma.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 3, eff.
§
31.105.
The board of trustees of a school district or governing body of an open-enrollment charter school may sell textbooks, other than electronic textbooks, to a student or another school at the state contract price. The district shall send money from the sale of textbooks to the commissioner as required by the commissioner. The commissioner shall deposit the money in the state textbook fund.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§ 31.106. Use of Local Funds
In addition to any textbook selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
D. ADMINISTRATIVE PENALTIES AND PENAL PROVISIONS
§
31.151. Duties of Publishers and Manufacturers
Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 129, § 1
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;
(2)
shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school to the
extent that the price is reduced elsewhere in the
(3) shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;
(4) shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;
(6) shall:
(A) maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, other than on-line textbooks or on-line textbook components, consistent with State Board of Education rules; or
(B) deliver textbooks to a school district or open-enrollment charter school without a delivery charge to the school district, open-enrollment charter school, or state, if:
(i) the publisher or manufacturer does not maintain or arrange with a depository in this state under Subsection (A) and the
publisher's or manufacturer's textbooks and related products are warehoused or otherwise stored less than 300 miles from a border of this state; or
(ii) the textbooks are on-line textbooks or on-line textbook components;
(7) shall guarantee delivery of textbooks before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and
(8) shall submit to the State Board of Education an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.
Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 805, § 7
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;
(2)
shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school to the
extent that the price is reduced elsewhere in the
(3) shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;
(4) shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;
(6) shall maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, consistent with State Board of Education rules;
(7) shall, at the time an order for textbooks is acknowledged, provide to school districts or open-enrollment charter schools an accurate shipping date for textbooks that are back-ordered;
(8) shall guarantee delivery of textbooks at least 10 business days before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and
(9) shall submit to the State Board of Education an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.
(b) The State Board of Education may impose a reasonable administrative penalty against a publisher or manufacturer who knowingly violates Subsection (a). The board shall provide for a hearing to be held to determine whether a penalty is to be imposed and, if so, the amount of the penalty. The board shall base the amount of the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(c) A hearing under Subsection (b) shall be held according to rules adopted by the State Board of Education.
(d) A penalty collected under this section shall be deposited to the credit of the state textbook fund.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 1, eff.
§ 31.152. Accepting Rebate on Textbooks
(a) A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any textbooks used in the schools with which the person is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person's school;
(2) might reasonably tend to influence a trustee, administrator, or teacher in the selection of a textbook; and
(3) could not be lawfully purchased with funds from the state textbook fund.
(c) An offense under this section is a Class B misdemeanor.
(d) In this section, "gift, favor, or service" does not include:
(1) staff development, in-service, or teacher training; or
(2) instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 805, § 8, eff.
§
31.153. Violation of Free Textbook Law
(a) A person commits an offense if the person knowingly violates any law providing for the purchase or distribution of free textbooks for the public schools.
(b) An offense under this section is a Class C misdemeanor.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
E. DISPOSITION OF TEXTBOOKS
§
31.201. Disposition of Textbooks
(a) The commissioner, with the approval of the State Board of Education, may provide for the disposition of:
(1) textbooks, other than electronic textbooks, that are no longer in acceptable condition to be used for instructional purposes; or
(2) discontinued textbooks, other than electronic textbooks.
(b) The commissioner, as provided by rules adopted by the State Board of Education, shall make available on request copies of discontinued textbooks, other than electronic textbooks, for use in libraries maintained in municipal and county jails and facilities of the institutional division of the Texas Department of Criminal Justice and other state agencies.
(c) The State Board of Education shall adopt rules under which a school district or open-enrollment charter school may donate discontinued textbooks, other than electronic textbooks, to a student, to an adult education program, or to a nonprofit organization.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
CHAPTER
31.
TEXTBOOKS
SUBCHAPTER
A. GENERAL PROVISIONS
§
31.001. Free Textbooks
Textbooks selected for use in the public schools shall be furnished without cost to the students attending those schools.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.002. Definitions
In this chapter:
(1) "Electronic textbook" means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, on-line services, an electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means.
(2) "Publisher" includes an on-line service or a developer or distributor of an electronic textbook.
(3) "Textbook" means a book, a system of instructional materials, or a combination of a book and supplementary instructional materials that conveys information to the student or otherwise contributes to the learning process, or an electronic textbook.
(4) "Technological equipment" means hardware, a device, or equipment necessary for:
(A) instructional use in the classroom, including to gain access to or enhance the use of an electronic textbook; or
(B) professional use by a classroom teacher.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.003. Rules
The State Board of Education may adopt rules, consistent with this chapter, for the adoption, requisition, distribution, care, use, and disposal of textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
B. STATE FUNDING, ADOPTION, AND PURCHASE
§
31.021. State Textbook Fund
(a) The state textbook fund consists of:
(1) an amount set aside by the State Board of Education from the available school fund;
(2) all funds accruing from the state's sale of disused textbooks; and
(3) all amounts lawfully paid into the fund from any other source.
(b) The State Board of Education shall annually set aside out of the available school fund of the state an amount sufficient for the board, school districts, and open-enrollment charter schools to purchase and distribute the necessary textbooks for the use of the students of this state for the following school year. The board shall determine the amount of the available school fund to set aside for the state textbook fund based on:
(1) a report by the commissioner issued on July 1 or, if that date is a Saturday or Sunday, on the following Monday, stating the amount of unobligated money in the fund;
(2) a requirement to provide an allotment to be distributed to each district equal to $30 per student in average daily attendance, or a greater amount for any year provided by appropriation, to be used only to:
(A) provide for the purchase by school districts of electronic textbooks or technological equipment that contributes to student learning; and
(B) pay for training educational personnel directly involved in student learning in the appropriate use of electronic textbooks and for providing for access to technological equipment for instructional use;
(3) the commissioner's estimate, based on textbooks selected under Section 31.101 and on attendance reports submitted under
Section 31.103 by school districts and open-enrollment charter schools, of the amount of funds, in addition to funds reported under Subdivision (1), that will be necessary for purchase and distribution of textbooks for the following school year; and
(4) any amount the board determines should be set aside for emergency purposes caused by unexpected increases in attendance.
(c)
Repealed by Acts 1997, 75th Leg., ch. 258, § 2, eff.
(d) Money transferred to the state textbook fund remains in the fund until spent and does not lapse to the state at the end of the fiscal year.
(e) All necessary expenses incurred under this chapter shall be paid from the state textbook fund on invoices approved by the commissioner.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 1997, 75th Leg., ch. 258, §§ 1, 2, eff.
§
31.022. Textbook Review and Adoption
(a) The State Board of Education shall adopt a review and adoption cycle for textbooks for elementary grade levels, including prekindergarten, and secondary grade levels, for each subject in the required curriculum under Section 28.002.
(b) The board shall organize the cycle for subjects in the foundation curriculum so that not more than one-sixth of the textbooks for subjects in the foundation curriculum are reviewed each year. The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the foundation curriculum at least every six years. The adoption of textbooks for a subject in the foundation curriculum may be extended beyond the six-year period only if the content of textbooks for a subject is sufficiently current.
(c) The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the enrichment curriculum on a cycle the board considers appropriate.
(d) At least 24 months before the beginning of the school year for which textbooks for a particular subject and grade level will be purchased under the review and adoption cycle adopted by the board, the board shall publish notice of the review and adoption cycle for those textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.023. Textbook Lists
(a) For each subject and grade level, the State Board of Education shall adopt two lists of textbooks. The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications adopted by the
State Board of Education and contains material covering each element of the essential knowledge and skills of the subject and grade level as determined by the State Board of Education under Section 28.002 and adopted under Section 31.024. The nonconforming list includes each textbook submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted by the State Board of Education;
(2) contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level; and
(3) is adopted under Section 31.024.
(b) Each textbook on a conforming or nonconforming list must be free from factual errors.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.024. Adoption by State Board of Education
(a) By majority vote, the State Board of Education shall:
(1) place each submitted textbook on a conforming or nonconforming list; or
(2) reject a textbook submitted for placement on a conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the school year for which the textbooks for a particular subject and grade level will be purchased under the cycle adopted by the board under Section 31.022, the board shall provide the lists of adopted textbooks to each school district. Each nonconforming list must include the reasons an adopted textbook is not eligible for the conforming list.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.025. Limitation on Cost
(a) The State Board of Education shall set a limit on the cost that may be paid from the state textbook fund for a textbook placed on the conforming or nonconforming list for a particular subject and grade level. The board may not reject a textbook for placement on the conforming or nonconforming list because the textbook's price exceeds the limit established under this subsection.
(b) Subject to Section 31.151, if a school district or open-enrollment charter school selects a textbook from a conforming or nonconforming list that exceeds the limit established under Subsection (a):
(1) the state shall pay the publisher an amount equal to the limit established under Subsection (a) multiplied by the number of textbooks the district or school requisitions; and
(2) the district or school is responsible for the remainder of the cost.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.026. Contract; Price
(a) The State Board of Education shall execute a contract:
(1) for the purchase of each adopted textbook other than an electronic textbook; and
(2) for the purchase or licensing of each adopted electronic textbook.
(b) A contract must require the publisher to provide the number of textbooks required by school districts in this state for the term of the contract, which must coincide with the board's adoption cycle.
(c) As applicable, a contract must provide for the purchase or licensing of a textbook at a specific price, which may not exceed the lowest price paid by any other state or any school or school district. The price must be fixed for the term of the contract.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.027. Information to
(a) A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's adopted textbooks. On request of a school district, a publisher shall provide a sample copy of an adopted textbook.
(b) A publisher shall provide at least two sample copies of each adopted textbook to be maintained at each regional education service center.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.028. Special Textbooks
(a) The State Board of Education may purchase special textbooks for the education of blind and visually impaired students in public schools. In addition, for a teacher who is blind or visually impaired, the board shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each textbook the teacher uses in the instruction of students. The teacher edition must be available at the same time the student textbooks become available.
(b) The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the State Board of Education. A publisher shall arrange computerized textbook files in one of several optional formats specified by the State Board of Education.
(c) The board may also enter into agreements providing for the acceptance, requisition, and distribution of special textbooks and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other than for administrative costs, are not involved.
(d) In this section:
(1) "Blind or visually impaired student" includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in a regularly adopted textbook used in the student's class.
(2) "Special textbook" means a textbook in Braille, large type or any other medium or any apparatus that conveys information to
a student or otherwise contributes to the learning process.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.029. Bilingual Textbooks
The board shall purchase or otherwise acquire textbooks for use in bilingual education classes.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.030. Used Textbooks
The State Board of Education shall adopt rules to ensure that used textbooks sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used textbooks who knowingly violates this section.
Added
by Acts 2001, 77th Leg., ch. 805, § 2, eff.
SUBCHAPTER
C. LOCAL OPERATIONS
§
31.101. Selection and Purchase of Textbooks by
(a) Each year, during a period established by the State Board of Education, the board of trustees of each school district and the governing body of each open-enrollment charter school shall:
(1) for a subject in the foundation curriculum, notify the State Board of Education of the textbooks selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each textbook selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list; or
(B) notify the State Board of Education that the board of trustees or governing body has selected a textbook that is not on the conforming or nonconforming list.
(b) If a school district or open-enrollment charter school selects a textbook for a particular subject in the enrichment curriculum and grade level that is not on the conforming or nonconforming list, the state shall pay to the district or school an amount equal to the lesser of:
(1) 70 percent of the cost to the district of the textbook, multiplied by the number of textbooks the district or school needs for that subject and grade level; or
(2) 70 percent of the limitation established under Section 31.025 for a textbook for that subject and grade level, multiplied by the number of textbooks the district or school needs for that subject and grade level.
(c) A school district or open-enrollment charter school that selects a textbook that is not on the conforming or nonconforming list:
(1) is responsible for the portion of the cost of the textbook that is not paid by the state under Subsection (b); and
(2) may use funds received from the state under Subsection (b) only for purchasing the textbook for which the funds were received.
(d) For a textbook that is not on the conforming or nonconforming list, a school district or open-enrollment charter school must use the textbook for the period of the review and adoption cycle the State Board of Education has established for the subject and grade level for which the textbook is used.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.1011. Textbook Credits
Text of section effective until
(a) The commissioner shall implement a program to study the use of credits for textbooks. The program shall be designed to allow a participating school district or open-enrollment charter school to receive credit for textbooks purchased at a cost below the cost limit established under Section 31.025(a).
(b) The credit is an amount equal to the difference between the price paid for a textbook and the cost limit established under
Section 31.025(a) for that textbook multiplied by the number of copies of that textbook the participating school district or open-enrollment charter school purchases.
(c) Fifty percent of the total textbook credit of a participating school district or open-enrollment charter school shall be credited to the state textbook fund, and 50 percent of the credit shall be credited to the participating district or school to apply toward the requisition of additional textbooks or electronic textbooks on the conforming or nonconforming list.
(d) The commissioner shall prepare a report relating to the use of the textbook credit system and deliver the report to the 79th Legislature.
(e)
This section expires
Added
by Acts 2001, 77th Leg., ch. 805, § 3, eff.
§
31.102. Title and Custody
(a) Each textbook purchased as provided by this chapter is the property of this state.
(b) Subsection (a) applies to an electronic textbook only to the extent of any applicable licensing agreement.
(c) The board of trustees of a school district or the governing body of an open-enrollment charter school is the legal custodian of textbooks purchased as provided by this chapter for the district or school. The board of trustees shall distribute textbooks to students in the manner that the board or governing body determines is most effective and economical.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§
31.103. Textbook Requisitions
(a) Not later than the seventh day after the first school day in April, each principal shall report the maximum attendance for the school to the superintendent. Not later than April 25, the superintendent of a school district or the chief operating officer of an open-enrollment charter school shall report the district's or school's maximum attendance to the commissioner.
(b) A requisition for textbooks for the following school year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise provided. A school district or open-enrollment charter school shall make a requisition for a textbook on the conforming or nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by State Board of Education rule, as applicable, not later than June 1 of each year.
The designated state depository or, if the publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B), the publisher or manufacturer shall fill a requisition approved by the agency at any other time in the case of an emergency.
(c) In making a requisition under this section, a school district or open-enrollment charter school may requisition textbooks on the conforming or nonconforming list for grades above the grade level in which a student is enrolled, except that the total quantity of textbooks requisitioned under this section may not exceed the limit prescribed by Subsection (b).
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 2, eff.
§
31.1031. Shortage of Requisitioned Textbooks
If a school district or open-enrollment charter school does not have a sufficient number of copies of a textbook used by the district or school for use during the following school year, and a sufficient number of additional copies will not be available from the depository or the publisher within the time specified by Section 31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a rate and in the manner provided by State Board of Education rule, for the purchase of a sufficient number of used adopted textbooks; or
(2) return currently used textbooks to the commissioner in exchange for sufficient copies, if available, of other textbooks on the conforming or nonconforming list to be used during the following school year.
Added
by Acts 2001, 77th Leg., ch. 805, § 5, eff.
§
31.104. Distribution and Handling
(a) The board of trustees of a school district or the governing body of an open-enrollment charter school may delegate to an employee the authority to requisition, distribute, and manage the inventory of textbooks in a manner consistent with this chapter and rules adopted under this chapter.
(b) A school district or open-enrollment charter school may order replacements for textbooks that have been lost or damaged directly from:
(1) the textbook depository; or
(2) the textbook publisher or manufacturer if the textbook publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B).
(c) Each textbook must state that the textbook is the property of or is licensed to this state, as appropriate. Each textbook, other than an electronic textbook, must be covered by the student under the direction of the teacher. A student must return all textbooks to the teacher at the end of the school year or when the student withdraws from school.
(d) Each student, or the student's parent or guardian, is responsible for each textbook not returned by the student. A student who fails to return all textbooks forfeits the right to free textbooks until each textbook previously issued but not returned is paid for by the student, parent, or guardian. As provided by policy of the board of trustees or governing body, a school district or open-enrollment charter school may waive or reduce the payment requirement if the student is from a low-income family. The district or school shall allow the student to use textbooks at school during each school day. If a textbook is not returned or paid for, the district or school may withhold the student's records. A district or school may not, under this subsection, prevent a student from graduating, participating in a graduation ceremony, or receiving a diploma.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 3, eff.
§
31.105.
The board of trustees of a school district or governing body of an open-enrollment charter school may sell textbooks, other than electronic textbooks, to a student or another school at the state contract price. The district shall send money from the sale of textbooks to the commissioner as required by the commissioner. The commissioner shall deposit the money in the state textbook fund.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
§ 31.106. Use of Local Funds
In addition to any textbook selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any textbooks.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
D. ADMINISTRATIVE PENALTIES AND PENAL PROVISIONS
§
31.151. Duties of Publishers and Manufacturers
Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 129, § 1
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;
(2)
shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school to the
extent that the price is reduced elsewhere in the
(3) shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;
(4) shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;
(6) shall:
(A) maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, other than on-line textbooks or on-line textbook components, consistent with State Board of Education rules; or
(B) deliver textbooks to a school district or open-enrollment charter school without a delivery charge to the school district, open-enrollment charter school, or state, if:
(i) the publisher or manufacturer does not maintain or arrange with a depository in this state under Subsection (A) and the
publisher's or manufacturer's textbooks and related products are warehoused or otherwise stored less than 300 miles from a border of this state; or
(ii) the textbooks are on-line textbooks or on-line textbook components;
(7) shall guarantee delivery of textbooks before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and
(8) shall submit to the State Board of Education an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.
Text of subsection (a) as amended by Acts 2001, 77th Leg., ch. 805, § 7
(a) A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;
(2)
shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school to the
extent that the price is reduced elsewhere in the
(3) shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;
(4) shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;
(6) shall maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, consistent with State Board of Education rules;
(7) shall, at the time an order for textbooks is acknowledged, provide to school districts or open-enrollment charter schools an accurate shipping date for textbooks that are back-ordered;
(8) shall guarantee delivery of textbooks at least 10 business days before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and
(9) shall submit to the State Board of Education an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.
(b) The State Board of Education may impose a reasonable administrative penalty against a publisher or manufacturer who knowingly violates Subsection (a). The board shall provide for a hearing to be held to determine whether a penalty is to be imposed and, if so, the amount of the penalty. The board shall base the amount of the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(c) A hearing under Subsection (b) shall be held according to rules adopted by the State Board of Education.
(d) A penalty collected under this section shall be deposited to the credit of the state textbook fund.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 129, § 1, eff.
§ 31.152. Accepting Rebate on Textbooks
(a) A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any textbooks used in the schools with which the person is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person's school;
(2) might reasonably tend to influence a trustee, administrator, or teacher in the selection of a textbook; and
(3) could not be lawfully purchased with funds from the state textbook fund.
(c) An offense under this section is a Class B misdemeanor.
(d) In this section, "gift, favor, or service" does not include:
(1) staff development, in-service, or teacher training; or
(2) instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Amended
by Acts 2001, 77th Leg., ch. 805, § 8, eff.
§
31.153. Violation of Free Textbook Law
(a) A person commits an offense if the person knowingly violates any law providing for the purchase or distribution of free textbooks for the public schools.
(b) An offense under this section is a Class C misdemeanor.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
SUBCHAPTER
E. DISPOSITION OF TEXTBOOKS
§
31.201. Disposition of Textbooks
(a) The commissioner, with the approval of the State Board of Education, may provide for the disposition of:
(1) textbooks, other than electronic textbooks, that are no longer in acceptable condition to be used for instructional purposes; or
(2) discontinued textbooks, other than electronic textbooks.
(b) The commissioner, as provided by rules adopted by the State Board of Education, shall make available on request copies of discontinued textbooks, other than electronic textbooks, for use in libraries maintained in municipal and county jails and facilities of the institutional division of the Texas Department of Criminal Justice and other state agencies.
(c) The State Board of Education shall adopt rules under which a school district or open-enrollment charter school may donate discontinued textbooks, other than electronic textbooks, to a student, to an adult education program, or to a nonprofit organization.
Added
by Acts 1995, 74th Leg., ch. 260, § 1, eff.
Chapter
66 (http://www.tea.state.tx.us/rules/tac/index.html)
State
Adoption and distribution of Instructional Materials
Subchapter
B. State Adoption of Instructional Materials
§66.51.
Instructional Materials Purchased by the State.
(a) Instructional materials offered for adoption by the State Board of Education (SBOE).
(1) Publishers may not submit instructional materials for adoption that have been authored by an employee of the Texas Education Agency (TEA).
(2) The official bid price of an instructional material submission shall not exceed the price included with the official sample filed under §66.54 of this title (relating to Samples).
(3) A teacher's component submitted to accompany student instructional materials under consideration for adoption shall be part of the publisher's official bid and shall be provided for the duration of the original contract and any contract extensions at no cost to every teacher that uses the adopted student materials in a school district or open-enrollment charter school.
(4) Under the Texas Education Code, §31.025, the official bid price for an instructional material submission may exceed the maximum cost to the state that is established in the proclamation. The state shall only be responsible for payment to the publisher in an amount equal to the maximum cost. A school district ordering instructional materials is responsible for the portion of the cost that exceeds the state maximum.
(5) Any discounts offered for volume purchases of adopted instructional materials shall be included in price information submitted with official samples and in the official bid.
(6) The official bid filed by a publisher shall include separate prices for each item included in an instructional material submission. The publisher shall guarantee that individual items included in the student and/or teacher component shall be available for local purchase at the individual prices listed for the entire contract period.
(7) Publishers shall submit to the TEA a signed affidavit certifying that each individual whose name is listed as an author or contributor of a textbook contributed to the development of the textbook. The affidavit shall also state in general terms each author's involvement in the development of the textbook.
(8) Instructional materials submitted for adoption shall be self-sufficient for the period of adoption. Nonconsumable components shall be replaced by the publisher during the warranty period. Consumable materials included in a student or teacher component of a submission shall be clearly marked as consumable. The cost of such consumables to the state for the entire contract period shall not exceed the maximum cost established in the proclamation.
(9) On or before the deadline established in the schedule of adoption procedures, publishers shall submit correlations of instructional materials submitted for adoption with essential knowledge and skills required by the proclamation. Correlations shall be submitted in a format approved by the commissioner of education.
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Linda
Janney Charles
Mayo |
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BIDS
& CONTRACTS |
DEVELOPMENT |
DISTRIBUTION |
REVIEW
PANELS |
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STAFF |
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Anderson,
Krista |
Consultant,
Distribution |
kranders@tea.state.tx.us |
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State
Textbook Depository JIM
LEE, MANAGER |
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Bateman,
Leonard |
Textbook
Distribution |
A Brief Overview of the Adoption
Process
Conforming and Nonconforming Instructional Materials
The Texas Education Code, Chapter 31, provides for adoption of two separate lists of instructional materials. The "conforming" list is to consist of instructional materials submitted that meet manufacturing standards adopted by the SBOE, contain material covering each element of essential knowledge and skills, and are free of factual errors. The "nonconforming" list is to consist of instructional materials submitted that meet manufacturing standards adopted by the SBOE, contain material covering at least half, but not all, of the elements of essential knowledge and skills, and are free of factual errors. Both conforming and nonconforming adopted instructional materials may be purchased by the state for school districts and open-enrollment charter schools.
Evaluation and Adoption of New Instructional Materials
Bids for new instructional materials from the publishing industry are solicited by means of a proclamation issued by the SBOE. The proclamation identifies subject areas scheduled for review in a given year and contains content requirements (Texas Essential Knowledge and Skills), maximum per-student costs to the state for adopted materials, an estimated number of units to be purchased during the first contract year for each of the subject areas and/or grade levels, and a detailed calendar of adoption procedures.
Publishers who plan to offer instructional materials for adoption in the state provide finished-format review samples to the Texas Education Agency, each of the 20 regional education service centers, and members of the appropriate state textbook review panels appointed by the Commissioner of Education.
Members of the state textbook review panels are charged with evaluating instructional materials to determine coverage of essential knowledge and skills and with identifying factual errors. At the close of the review period, panel members submit evaluations to the commissioner of education. Based on these evaluations, the commissioner prepares a preliminary report recommending that instructional materials be placed on the conforming list, be placed on the nonconforming list, or be rejected.
After consideration of evaluations submitted by state review panel members, information provided by publishers, and staff recommendations, the Commissioner of Education submits a final report to the SBOE recommending that instructional materials submitted be placed on the conforming list, placed on the nonconforming list, or rejected. A report detailing any factual errors to be corrected in instructional materials prior to delivery to school districts is also presented.
Local Selection and Distribution
Publishers are required to provide complete descriptions of newly adopted instructional materials to all school districts and open-enrollment charter schools; however, a district retains the option of requesting one complete official sample. Publishers are responsible for all aspects of the shipment and retrieval of sample materials and bear all costs of the sampling process.
Each local board of trustees is responsible for determining appropriate local policy for selecting new instructional materials. However, with the exception detailed in the following paragraph, only state-adopted instructional materials ratified by a school district's board of trustees will be purchased by the state for districts.
In enrichment subjects, school districts will be allowed to select non-adopted instructional materials. The state will pay the district the lesser of: (1) 70 percent of the cost of the materials to the district based on the applicable quota for adopted materials in the subject; or (2) 70 percent of the maximum cost to the state established in the proclamation for the subject based on the applicable quota for adopted materials in the subject. School districts electing to order non-adopted instructional materials will be responsible for the remainder of the cost.
Orders for new instructional materials are transmitted to the agency for processing. Local adoption, requisition, and membership data are entered into an automated system for verification based on the enrollment of the district and the distribution quota established for the course or subject.
Publishers are required to have
adopted materials in stock in one of the approved depositories in the
Braille, Large Type and Audiotape Instructional Materials
The SBOE is authorized to acquire, purchase, and contract for free instructional materials for the education of blind and visually impaired public school students. Local school districts submit orders for Braille and large type materials to the agency, which manages acquisition from producers. Teachers who are blind or visually impaired are provided with Braille or large type teacher materials to accompany materials the teacher uses in the instruction of students. A contractor provides audiotape instructional materials to school districts. Publishers are required to provide the agency with computerized files for rapid production of adopted Braille instructional materials whenever such files are requested by the SBOE.
Allen ISD
1. TEXTBOOK GUIDELINES AND PROCEDURES
The information on the following pages is meant to serve as standard guidelines for the Allen ISD in providing for the textbook needs of our students. Text in italics are extractions from the Texas Education Code or the Texas Administrative Code, provided by the Texas Education Agency Textbook Division. Additional information is provided as explanation and support.
1.1 TEXTBOOK RESPONSIBILITIES
1.1.1 Pupil, Parent, or Guardian
(
The state requires districts to keep textbooks covered. Book covers are provided free to the district by a private company and may be requisitioned as a no cost item from the AISD Service Center/Warehouse (stock number 1018). We have an exclusive agreement with Walraven Book Cover Company. Walraven is obligated to provide all our book cover needs district wide. Our obligation to them is that we can use no other book covers from any other source. The district has investigated other suppliers and fund raising companies in the past. Walraven is the only company who has given us guarantee to supply all of our K-12 book cover needs. Principals, Campus Coordinators, and teachers should encourage students to keep state-adopted textbooks covered at all times.
(
Any book lost by a student must be paid for by that student before another book is issued in its place. Strict accounting records should be kept of textbook payments. Textbook funds must be kept separate from general funds. A report of all books paid for by title, quantity, and amount collected shall be turned to the District Textbook Coordinator each year at the close of the school year. All money collected for lost textbooks must be used to replace lost textbooks.
1.1.2
Teacher and Principal
TEC
Code § 31.104©): "...Teachers shall keep a record of the number of all
books issued to each pupil."
State law requires teachers keep a record of each book issued to each student.
Each Principal is ultimately responsible for the care and safeguard of all textbooks and instructional materials issued to that campus. The Principal ensures compliance with TEA and local directives to include the accounting for, covering of, and payments for lost textbooks.
It is suggested that the principal, or his/her appointee, carefully control the textbook activity within the school by:
. Making a yearly actual physical inventory of all books as required by TEA
. Maintaining all textbook records and a statement of current charges,
. Insisting on regular textbook inspections by the teachers,
. Keeping all extra textbooks in a controlled bookroom, and
. Sending all money collected from students for sales to the District Textbook Coordinator.
--The physical inventory is to be taken at the end of each school year. The year-end payment report does not satisfy the state's requirement for an inventory count. You must physically count each textbook in your building and compare it to your on-hand charges and pay for any shortages. This inventory must be signed, dated, and turned into the textbook department to keep on file.
--Payments for lost or damaged textbooks should be deposited as collected into the school account coded for textbook payment for that campus. Should a student find the lost textbook which they have paid for, a check for reimbursement should be issued to the student or parent from the textbook account.
1.1.3 The Campus Textbook Coordinator
The principal on each campus should designate one contact person to act as the Campus Textbook Coordinator. That person may or may not be the Campus Principal. All correspondence with the District Textbook Coordinator should be with the Campus Coordinator. It shall be the responsibility of that Campus Coordinator to keep the Campus Principal apprised of the campus status regarding any aspect of textbook transfers, inventory, charges, etc.
The Campus Textbook Coordinator should maintain all surplus textbooks in a central secure bookroom. All transfers of textbooks to and from that bookroom should be under his/her supervision, and accurate ongoing records should be maintained of those transfers.
1.2 Teacher Editions and Teacher Resource Materials
In order to maintain an ample number of teacher aids and teacher editions, each campus should maintain an accurate inventory of teacher editions and aids. When requests for TE’s are made the request should be based on the campus inventory vs. the number of teachers. Teachers should be made aware that TEs and ancillaries are the property of the district, not the property of the teacher.
Teachers and Campus Coordinators should not individually contact publishers to obtain teacher editions and teacher aids. Requests should be made to District Textbook Office through the Campus Coordinator on the Textbook Request Form.
Teachers leaving the Allen ISD, or teachers changing their teaching assignment to another grade level or subject area within the district should check in their Teacher Editions and Teacher Aids to the Campus Textbook Coordinator or Principal to be passed on to the replacement teacher.
If a teacher transfers their teaching assignment to another campus within the Allen ISD, but teaching the same subject area or grade level they should be allowed to retain their TE’s and TR’s for use on the new campus. In this case the District Textbook Coordinator must be notified by the sending campus in order that proper accounting adjustments are made to the sending and receiving campuses.
1.3 Learning Systems
Learning systems should be kept in tact. Complete systems including teaching materials and reference materials should kept on the campus inventory. When teacher transfers occur, teacher materials from systems should be checked in to the Campus Coordinator. Incomplete systems should be made complete by the campus through purchases from the publisher for missing components.
The Learning Systems with multiple components are:
Kindergarten
Social Studies 1-6
Music 1-6
Spelling 6
1.4
Textbook Transfers/Textbook Funds
1.4.1 Textbook Allocation
Campuses shall be provided with textbooks based on the most recent student enrollment for that grade and subject. As the campus enrollment increases the textbook allocation will increase. If the need for additional textbooks arises based on lost books with fees not collected, modified curriculum, or accelerated student placement, it shall be the responsibility of the individual campus to secure funds from its campus budget for the purchase of those additional textbooks.
Elementary
textbooks are allotted at various ratios depending on subject and grade
level. Generally the campus ratio
is 105% of enrollment.
All secondary books are allotted from the state on a ratio of 105% of subject enrollment if the book is used in the district on multiple campuses. Upper level high school books are allocated at 110%. Some subjects such as Agriculture vary in their allotment (220% of combined Ag. enrollment).
1.4.2 Transfer of Textbooks From School To School Within A District
All
transfers of textbooks between schools in a district should be approved by the
textbook coordinator. In large
districts the coordinator may want to coordinate the transfers or actually
transfer the books himself/herself. This
coordination insures that each school's textbook records are accurate and
up-to-date and that the correct number of books are
transferred.
All textbook requests should be placed on the Allen ISD Textbook Transfer form, dated by the Campus Coordinator, and routed to the District Textbook Coordinator via e-mail or FAX, for processing. When the Textbook Department receives a request from a school, enrollment is checked for that grade level. If the campus has less on hand than it is allocated, and the district has the books available to meet the allocation percentage, the books are delivered. If the campus has more books on hand than are due or exactly the same amount, the campus is declined the books based on a quota violation (QV). Special situations are taken into consideration; therefore, when you are denied a request, if it is special need, please explain it to the Textbook Department. Our first priority is to be sure books are available to the schools based on state allocation percentages, and keeping within the state guidelines.
If a campus is due the books but there is a shortage district-wide, the campus will then receive one per child. If the campus is due the books and there are none available in the warehouse, we will try to locate a surplus within the district at another location, and transfer those books to you. If there is no surplus in the district, your order will be placed on back order until we receive more books from the State.
It
is imperative that any intercampus loaning, trading, or transferring of
textbooks go through the District Textbook Coordinator in order for district
records to remain accurate.
1.4.3 District Control of Textbook Funds
TEA
encourages every district to implement a system to control funds collected
from students for lost and damaged textbooks.
The following procedures are suggested for use by the districts:
1.
Require each school within the district to issue receipts to students
for paid-for books. The receipt
should always include the book code of the textbook, and the identification
number in the front of the book, in case the book is found and a refund is
issued.
2
keep the textbook fund separate from other funds.
3.
Require individual schools to maintain a log of all books for which
payment has been made.
4.
Set periodic deadlines for the schools to remit the collected textbook
funds to the textbook coordinator. Require
that a list of books by book code and quantity be included with the payment.
The school should keep a copy.
1.4.4 Payment for Lost or damaged Textbooks
Books unaccounted for in during the annual inventory must be reconciled by one of two methods. A more extensive search for the missing books must take place, or funds for the missing books must be transferred to the central textbook fund. Either of these two methods will balance the district charges with the physical inventory on the campus.
Payment
responsibility for lost or destroyed books should be passed on to the
individual or department who is accountable for the book.
Loss or destruction by an individual student should be paid for by that
student or parent. If the losses
are caused by accounting errors the funds should be collected from the
teacher, department, grade level, or campus administration depending on where
the error occurred. When the
error cannot be traced to one of the above categories, the campus
administration is responsible for locating funds within their control to pay
for the losses.
1.4.5 Fines
In addition, the student is responsible for keeping the textbook in good condition. Writing in, or marking on, non-consumable textbooks is not allowed. Any misuse of the textbooks due to carelessness or neglect may be considered cause to charge the student a fine for the textbook, of local policy calls for such fines. If a book is damaged to the point that it should not be issued to another student, that book should be considered destroyed and payment should be collected for the full replacement cost of the book.
The
collection of fines for damaged textbooks is strictly local policy.
If such fines are collected from students for books that are damaged
but still us
Fine money collected for book damage is a local option is at the discretion of the campus administration. It should however, be well communicated to students and parents at the beginning of the school year the fine schedule used by that campus.
1.5 Expiring Adoption Textbooks
Up
to 100 percent of expiring and out-of-adoption textbooks may be retained by
the district without further action. Effective
on
School districts may be permitted to retain out-of-adoption textbooks as may justifiably be needed so long as they are used by the school for reference, teaching aids, or library use.
The district may keep all expiring and out-of-adoption textbooks rather than returning for recycling. CAUTION-there will be a tendency to keep all of these books as they go out of adoption because "someone may want them". You must remember that these books will take up space in your bookrooms if they are not going to be used. If teachers have a legitimate need for out-of-adoption books to use for reference, they may do so. However, these books are not to be used in lieu of newly adopted books.
1.6
Highlighting
The
highlighting of textbooks for special education students is allowed if the
student's individualized education plan (IEP) calls
for such modification. Any
district which highlights textbooks however, must remember that those
highlighted textbooks can never be returned to the state textbook depository
in an interim shipment. All
highlighted textbooks remain charged to the district's inventory for the
remainder of the contract period.
Highlighted
textbooks should be marked plainly on the spine and kept separate from the
other textbooks. These books may
be used with other students with special needs, but should not be issued to
the general student population.
1.7 Donation of Out-of-Adoption Textbooks
HB
884 allows school districts to donate expiring and out-of-adoption textbooks
to students, parents, adult literacy programs or other non-profit
organizations. The bill does not
allow school districts, under any circumstances, to resell expiring and
out-of-adoption textbooks.
Note
that "districts will be allowed to
donate out-of-adoption textbooks to students,
parents,...".
The key is "will be
allowed to". Each campus
Principal and Coordinator must make this decision based on potential problems
and solution for their campus and the district.
Learning systems cannot be reported as worn out and then replaced. Parts and components cannot be replaced by the state and must be purchased by the local district directly through the depository and/or publisher. Learning system components and prices are listed in the back of the Current Adoption Bulletin. Teacher's editions and aids for systems cannot be ordered from the Textbook Division.
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Proclamation
2000 State
Adoption 2002 Implementation
2003-2004 Social
Studies, Grades 1-12 Social
Studies (Spanish), Grades 1-6 PreKindergarten
Economics
with Emphasis on Free Enterprise |
Proclamation
2001 State
Adoption 2003 Implementation
2004-2005 Biology, Grades 9-12 English as a
Second Language, K-8 Agricultural
Science & Technology Education Business
Education Home
Economics Education Technical
Education/Industrial Technology Education Marketing
Education Trade
& Industrial Education Technology
Applications Career
Orientation Health
Science Technology Education |
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Proclamation
2002 State
Adoption 2004 Implementation
2005-2006 Health
Education, Grades 1-12 Languages
Other than English Fine
Arts Physical
Education |
Proclamation
2003 State
Adoption 2005 Implementation
2006-2007 Kindergarten
– All Subjects Mathematics,
Grades 1-5 Mathematics
(Spanish), Grades 1-5 |
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Proclamation
2004 State
Adoption 2006 Implementation 2007-2008 Mathematics, Grades 6-12 Mathematics (Spanish), Grades 6 |
Proclamation
2005 State
Adoption 2007 Implementation
2008-2009 English
Language Arts & Reading, Grade 1 Spanish
Language Arts & Reading, Grade 1 Spanish
Literature,
Grades 6-12 Spanish
Literature, Grade 6 |
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Proclamation
2006 State
Adoption 2008 Implementation
2009-10 English
Language Arts, Grades 2-12 Spanish
Language Arts, Grades 2-6 English
as a Second Language, 1-8 English
I-II for Speakers of Other Languages Speech,
Grades 7-8 Speech
Communication Public
Speaking I-III Communication
Applications Debate
I-III Journalism Advanced
Broadcast Journalism Photojournalism |
Proclamation
2007 State
Adoption 2009 Implementation
2010-11 Science,
Grades 1-12 Science
(Spanish), Grades 1-6 |
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Proclamation
2008 State
Adoption 2010 Implementation
2011-12 Social
Studies, Grades 1-12 Social
Studies (Spanish), Grades 1-12 PreKindergarten
Systems Economics
with Emphasis on Free Enterprise |
Proclamation
2009 State
Adoption 2011 Implementation
2012-13 Agricultural
Science & Technology Education Business
Education Home
Economics Education Technical
Education/Industrial Technology Education Marketing
Education Trade
& Industrial Education Technology
Applications Career
Orientation Health
Science Technology Applications |
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Proclamation
2010 State
Adoption 2012 Implementation
2013-14 Health
Education, Grades 1-12 Languages
Other than English Fine
Arts Physical
Education |
Proclamation
2011 State
Adoption 2013 Implementation
2014-15 Kindergarten
– All Subjects Mathematics,
Grades 1-5 Mathematics (Spanish), Grades 1-5 |
________________________
___________________
District
Name
County-District Number
Local Board of Trustees
Certification, 2002
Legal
Citation:
Texas
Education Code §31.101 requires that, each year, the board of trustees of
each district and the governing body of each open-enrollment charter school
notify the State Board of Education of the textbooks selected by the board of
trustees or governing body for use in the following school year.
The law also requires that the board of trustees or governing body
notify the State Board of Education if the district or charter school has
selected textbooks, in the enrichment curriculum only, that are not on a
conforming or nonconforming state-adoption list.
Certification:
We,
the president and secretary of the local board of trustees, or the officers
of the governing body of the charter school, certify that the selections
recorded on either the Annual
Requisition for New Instructional Materials, or transmitted via EMAT
Online, have been selected for use in our district or charter school.
We
understand that all textbooks adopted by the state are appropriate for use
in the
If
our district or charter school is selecting materials in the enrichment
subject areas that are not on a conforming or nonconforming list of adopted
materials, we certify that those selections are listed below.
We understand that 30 percent of the cost of those materials or 30
percent of the maximum cost of the materials will be borne by the district
or charter school.
We
understand that our selections are final, and we may not return copies of
one title to secure copies of another title in the same subject.
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Signatures
of Board President and Secretary or Governing Board Officers |
Textbook
Titles Not Selected by District or |
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Board
President
Board
Secretary
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Preferred
Shipment Dates: Ship
dates will be entered into EMAT Online by Textbook Administration
staff. |
Selections
from Enrichment Subjects Not on an Adopted List |
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1st
Preference: Week
of
2nd
Preference: Week
of
3rd
Preference: Week
of
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____________________________
____________________________
District
Name
County District Number
TEXAS
EDUCATION AGENCY
Division
of Textbook Administration
SHIPMENT
ERROR REPORT, TEX-013
Vendor/
State
Depository
_________ Packing List # _______
Order # ________ Ship Date _______
Req.# ___
HOLD
OVERAGES, SUBSTITUTIONS AND DEFECTIVE TEXTBOOKS FOR INSTRUCTIONS FROM
DEPOSITORY
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ISBN |
Multiple
List Code |
Title
of Instructional Material |
Number
Invoiced |
Number
Received |
Amount
Over |
Amount
Short |
Amount
Def/Dam |
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COMMENTS:
Please explain specific damage and/or defects.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Depository
Use Only: Brief description of
resolve including date TEX-013 received and date resolved.
____________________________________________________________________________
____________________________________________________________________________
Date
TEX-013 Received:
Date Resolved:
Mail
original TEX-013 to the depositories listed on the back.
Mail
a copy of the front of the TEX-013 to the Division of Textbook Administration.
____________________________________________________________________________
_____________________________
_____________________________
Name
of Textbook Coordinator
Telephone Number
_____________________________
_____________________________
Signature
of Textbook Coordinator
Date
Depository
Addresses and Full Instructions are on Back of Form
Instructions
for Handling Incoming Shipments
1.
Separate
the shipment by depository.
1.
COUNT
THE NUMBER OF CARTONS AND/OR BOXES BEFORE SIGNING THE FREIGHT BILL.
1.
Refuse
any cartons, which are not addressed to your district.
Refuse all cartons, which have extensive damage.
1.
Note
all shipment discrepancies and refused cartons on the freight bill, sign and
keep one copy.
1.
Count
each depository's shipment separately, comparing each textbook to the packing
list.
1.
Note
all discrepancies between the number of textbooks invoiced and the number
actually received on the packing list. All
discrepancies noted on the packing list should be listed on the Shipment Error
Report, TEX-013.
1.
After
all books have been counted by depository and all discrepancies noted, sign
and date the packing list.
1.
Mail
one copy of the packing list to Textbook Administration within 10 DAYS of
shipment. Attach a copy of the
front of the TEX-013 if discrepancies are noted.
1.
Send
the original TEX-013 to the depository in whose shipment the error was found.
Include a copy of the freight bill.
Instructions
for Completing Shipment Error Report - TEX-013
1.
Shipment
errors from each depository must be submitted on a separate TEX-013.
DO NOT COMBINE ERRORS FROM DIFFERENT DEPOSITORIES.
1.
Complete
top of form giving full information about the shipment including packing list
number, order number and shipment date.
1.
List
the ISBN codes, multiple list codes and titles of all textbooks on which an
error in shipment was found.
1.
Enter
the number of textbooks invoiced and actually received.
Note the difference in "Amount Over" or "Amount
Short."
1.
If
reporting damaged or defective books, enter the ISBN code, title of the
textbook, and amount of defective and/or damaged textbooks and explain in the
"comments" section.
1.
Sign
and date the completed form. Include
a telephone number.
1.
Mail
the original TEX-013 only to the depository whose shipment error you are
reporting. Mail the TEX-013
within 30 DAYS of receipt of shipment.
1.
Attach
a copy of the freight bill with the original TEX-013 mailed to the depository.
1.
Attach
a copy of the front of the TEX-013 with your signed packing list and mail to
Textbook Administration.
1.
NOTE:
STATE DEPOSITORY SHIPMENT ERRORS ARE REPORTED TO THE STATE TEXTBOOK
DEPOSITORY.
ATTACH THE FREIGHT BILL AND SIGNED PACKING LIST.
Depository
Addresses
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(BK)
BARRETT
KENDALL DEPOSITORY
ATTN: Jim Harshman
FAX: 512.744.1160
PHONE: 800.677.3796 |
(EP)
EDUCATIONAL PUBLISHERS DEPOSITORY
(HM)
HOUGHTON MIFFLIN DEPOSITORY
ATTN: Nancy Bauer
ATTN: Betty Brooks
1175 N. Stemmons Freeway
13400 Midway Road
FAX: 972.459.6166
PHONE: 972.459.6160 |
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(HM)
HOUGHTON MIFFLIN DEPOSITORY
ATTN: Betty Brooks
FAX: 972.980.6814
PHONE: 800.733.2828
ext. 5729 |
(MH) THE MCGRAW-HILL COMPANIES DEPOSITORY ATTN: Nancy Deehan or Debra Bland
PHONE: 800.839.3378 |
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(SW) DDS SOUTHWEST DEPOSITORY ATTN: Pam Murff
PHONE: 214.452.6300 |
(ST)
STATE TEXTBOOK DEPOSITORY
4708-A
FAX: 512.928.8367
PHONE: 512.928.8353 |
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Texas
Education Agency
TEXTBOOK ADMINISTRATION
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