1. (a) A publisher may submit a request to the commissioner of education for approval to update the content of state-adopted electronic textbooks and instructional materials. A publisher requesting an update shall provide the request in writing, providing a comparison that includes the changes made in the update with the corresponding sections of the state-adopted electronic textbooks and instructional materials along with access to both the updated electronic textbooks and instructional materials and the adopted version.
2. (b) Requests for approval of updates shall provide that there will be no additional cost to the state.
3. (c) Requests for approval of updates shall not be approved during the first year of the original contract unless the commissioner determines that changes in technology, curriculum, or other reasons warrant the updates.
4. (d) Publishers submitting requests for approval of updates must certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors.
5. (e) The commissioner may request publishers to update electronic textbooks and instructional materials at a minimum to accurately reflect current knowledge or information. Publishers shall provide details of the changes at least 30 business days before the changes are implemented. The commissioner must review the new content before it is included in the materials. The commissioner shall respond to such a request within 30 business days after receipt of the request.
6. (f) Publishers shall notify the commissioner before making electronic design changes and/or updates that improve performance, design, and technology capabilities, including updates to the navigational features or management system, that enhance the operation and usage for students and teachers but do not include changes to the applicable essential knowledge and skills coverage or new content. Publishers shall provide details of the changes at least 30 business days before the changes are implemented.
7. (g) A publisher of adopted electronic textbooks and instructional materials may provide alternative formats for use by school districts and open-enrollment charter schools if the cost to the state and schools is equal to or less than the cost of the original product.
8. (h) Alternative formats may be developed and introduced at a time when the subject or grade level is not scheduled in the cycle to be considered for at least two years, in conformance with the procedures for adoption of other state-adopted materials.
9. (i) Publishers must notify the commissioner in writing if they are providing commissioner-approved products in alternative formats.
10. (j) Publishers are responsible for informing districts and open-enrollment charter schools of the availability of the alternative formats and for accurate fulfillment of these orders.
11. (k) The commissioner may add alternative formats of commissioner-adopted products to the list of available products disseminated to school districts and open-enrollment charter schools.
12. (l) The commissioner may remove an adopted electronic textbook or instructional material from the list of available products. Before the commissioner removes an adopted electronic textbook or instructional material from the list of available products, the removal must be recommended by a panel of recognized experts in the subject area of the electronic textbook or instructional material and experts in education technology.

Source Note:The provisions of this §66.1035 adopted to be effective November 21, 2010, 35 TexReg 10220.