1. (1) Publishers shall submit instructional materials and related information for consideration by the Department and the State Board of Education according to the following requirements and procedures:

   1. (a) No materials may be considered by the Board unless delivered at least 60 days prior to the adoption date.

   2. (b) Instructional materials proposals shall be submitted in accordance with the forms and procedures established by the Department.

      1. (A) Proposals shall include information and pricing in the form and manner established by the Department.
      2. (B) All materials and specifications listed in a proposal must accurately correspond to the instructional material samples submitted for evaluation.
   3. (c) Publishers shall provide summary documentation, in the form and format established by the Department, demonstrating how submitted instructional materials meet the criteria adopted by the State Board of Education.
   4. (d) Publishers shall submit completed summaries to evaluation committees and Department staff in a time and manner specified by the Department.

2. (2) The Board delegates to the Oregon Department of Education the authority to enter into contracts with publishers.

   1. (a) Contracts with publishers whose instructional materials are adopted by the Board shall be executed using forms and procedures established by the Department.
   2. (b) Contracts shall require publishers to make instructional materials available through a depository designated by the Oregon Department of Education and to furnish materials in accordance with state and federal law and the proposal.

   3. (c) The Board authorizes the Department to collect a bond or an irrevocable letter of credit up to $10,000 from a publisher. The Department may collect a lower bond amount when the following conditions are met:

      1. (A) The materials under contract are Open Educational Resources; and
      2. (B) Are submitted for review in their free ($0 cost to obtain content) format.
   4. (d) In accordance with ORS 337.090, if any publisher fails to carry out the provisions of the contract or demonstrates the intent to evade the provisions of the contract, the Board may rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publisher’s bond or letter of credit, payable to the State of Oregon for the benefit of the Common School Fund.
   5. (e) As used in this subsection, “Open Educational Resources (OER)” are defined as teaching and learning resources that reside in the public domain or have been released under an open license that permits their free use and re-purposing by others.

3. (3) The Oregon Department of Education has the authority to recommend when the adoption of a substitute or additional instructional material is necessary under ORS 337.110.

   1. (a) The Department shall establish procedures for publishers and other parties to submit materials for consideration when a substitution is initiated under this rule.
   2. (b) Upon receiving a recommendation from the Oregon Department of Education, the Chair of the State Board of Education may convene the Board for the purpose of considering substituted instructional materials.
   3. (c) The Board maintains the authority to approve or deny substitution requests.

Statutory/Other Authority

ORS 337.060, ORS 337.075, ORS 337.090 & ORS 337.110

Statutes/Other Implemented

ORS 337.060, ORS 337.075, ORS 337.090 & ORS 337.110

History

ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026