1. (a) The commissioner of education shall review all electronic instructional materials submitted for consideration for adoption. The commissioner's review shall include the following:

   1. (1) evaluations of electronic instructional materials prepared by electronic instructional materials review panel members, including the extent to which the materials align to the required Texas Essential Knowledge and Skills (TEKS);
   2. (2) compliance with applicable manufacturing standards and specifications and, if applicable, technical requirements of the Rehabilitation Act, §508;
   3. (3) recommended corrections of factual errors identified by electronic instructional materials review panels; and
   4. (4) prices of electronic instructional materials submitted for adoption.

2. (b) Based on the review specified in subsection (a) of this section, the commissioner shall make a final decision regarding the electronic instructional materials that will be placed on the adopted list and made available for schools. The commissioner will establish a period of time for a publisher to respond to the reasons its electronic instructional materials were rejected. Electronic instructional materials may be rejected for several reasons. The reasons for rejection include, but are not limited to:

   1. (1) failure to meet the minimum essential knowledge and skills specified in the request for electronic instructional materials;
   2. (2) failure to meet applicable manufacturing standards and specifications or, if applicable, the technical requirements of the Rehabilitation Act, §508;
   3. (3) failure to correct errors of fact; or
   4. (4) content that clearly conflicts with the stated purpose of the Texas Education Code, §28.002(h).
3. (c) The commissioner may allow a publisher to withdraw from the adoption process after the date specified in the request for electronic instructional materials due to recommended placement as conforming or nonconforming, manufacturing specifications required as a condition of adoption that the publisher states cannot be met, or failure to agree to make corrections required by the commissioner.
4. (d) The decision by the commissioner regarding the final disposition of electronic instructional materials submitted for inclusion on the commissioner's adopted list is final and may not be appealed.

Source Note:The provisions of this §66.1031 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.