PURPOSE: This regulation establishes requirements for publishers who wish to sell textbooks to the public schools of the state.

1. (1) Requirements for Filing Textbooks. Publishers who offer textbooks for sale to any school board in Missouri shall file the following items with the Missouri State Board of Education:

   1. (A) A copy of each textbook to be sold in Missouri. A textbook when revised over ten percent (10%) must also be filed;
   2. (B) “Agreement and Affidavit.” This form, which is shown in this regulation as Exhibit 1, shall be submitted at least once each year and each time additional books are filed or prices changed;
   3. (C) “Textbook List and Prices.” This form, shown in this regulation as Exhibit 2, shall be submitted with the “Agreement and Affidavit” form;
   4. (D) A bond for not less than five thousand dollars ($5000) although the Missouri State Board of Education may require a bond of not more than ten thousand dollars ($10,000) if deemed necessary to assure compliance with this law. The bond may be submitted on any form as long as it guarantees compliance with section 170.081, RSMo (1986). The face of the bond shall indicate the date of expiration or the date on which the premium is due to keep the bond in force; and

   5. (E) A ten dollar ($10) nonrefundable fee shall be paid for each textbook which is offered for sale in Missouri for the first time. A series of textbooks by the same author and upon the same subject constitutes a textbook for this purpose. Each textbook or series of textbooks for which the ten dollar ($10) fee is being paid shall be starred (*) on the “Textbook List and Prices” form. Checks shall be made payable to the Missouri Department of Elementary and Secondary Education.

      1. 1. The fee shall be paid only once for

each textbook or series of textbooks. The fee need not be repaid for a textbook when its price is being changed, revised ten percent (10%) or less, being relisted on the yearly “Textbook List and Prices” form or when it is a book or workbook being added to a series for which the fee has already been paid. AUTHORITY: section 170.061, RSMo 1986. This rule previously filed as 5 CSR 60- 110.010. Original rule filed Dec. 10, 1975, effective Dec. 20, 1975. Amended: Filed May 12, 1978, effective Aug. 14, 1978. Moved to 5 CSR 20-200.150, effective Aug. 16, 2011. SECONDARY EDUCATION Division 20—Division of Learning Services

EXHIBIT 1

AGREEMENT AND AFFIDAVIT of Textbook Company AGREEMENT

NAME OF TEXTBOOK COMPANY_______________________________________________________________________________________________________________________________ of _______________________________________________________________________________________________________, a corporation organized under the laws of the State of __________________________________________________________________________________________, hereby agrees to furnish and offer for sale in the State of Missouri all books of which they have filed a copy in the office of the State Board of Education at the prices therewith filed*, and said TEXTBOOK COMPANY further agrees to reduce the price in Missouri of any and all books so filed by the said TEXTBOOK COMPANY whenever the price on such book or books is reduced elsewhere in the country, so that at no time may any of such books be sold in Missouri at a higher price than is received for the same book elsewhere in the country where like conditions of distribution prevail. It is further agreed that all books offered for sale in Missouri by the said TEXTBOOK COMPANY shall be equal in quality to the copy of such book deposited in the office of the State Board of Education as regards paper, binding, print, illustration and all points that may affect the value of said books.

*“Textbook List and Prices” is attached

AFFIDAVIT

STATE OF___________________________________________________________ COUNTY OF_______________________________________________________

_________________________________________________________________________________________________being duly sworn, deposes and says that he is authorized agent of _________________________________________________________________, a corporation, and that the prices set forth opposite the title of the books filed by the said ______________________________________________ in the office of the State Board of Education of the State of Missouri, show the prices at which the said publishers will sell said books in the State of Missouri in accordance with the provisions of Section 170.061, RSMo (1972), relating to textbooks, and also show the regular list price and lowest net price at which the respective books are sold or offered for sale anywhere in the United States under like conditions of distribution.

Said corporation is and will continue to comply with Sections 170.071; 170.081; 170.131; and 170.141, RSMo (1972).

(Signed) _________________________________________________________________________ Subscribed and sworn to before me this ________________________________ day of ______________________, _____________________. _________________________________________________________________________ (Notary Public)

My commission expires _____________________________________________________________

EXHIBIT 2

TEXTBOOK LIST AND PRICES

Name of Company_________________________________________ Date____________________________________________

Please star (*) any textbooks for which the $10 filing fee is being paid.

Lowest List

Name of Book Author Net Price Price SECONDARY EDUCATION