1. (a) The State Board of Education (SBOE) shall issue a proclamation calling for new instructional materials according to the review and adoption cycles for foundation and enrichment subjects adopted by the SBOE. The proclamation shall serve as notice to all publishers and to the public that bids to furnish new materials to the state are being invited. The proclamation shall be issued at least 18 months before the scheduled adoption of the new instructional materials by the SBOE. The SBOE shall designate a request for the production of instructional materials in a subject area and grade level by the school year in which the instructional materials are intended to be made available in classrooms and not by the school year in which the SBOE makes the request for production.

2. (b) The proclamation shall contain the following:

   1. (1) specifications for essential knowledge and skills in each subject for which bids are being invited;
   2. (2) the requirement that a publisher of adopted instructional materials for a grade level other than prekindergarten must submit an electronic sample of the instructional materials as required by the Texas Education Code, §31.027(a) and (b), and may not submit a print sample copy;
   3. (3) the requirement that publishers file with the state review panels print samples, electronic samples in an open file format or closed format, or galley proofs;
   4. (4) an estimated number of units to be purchased during the first contract year for each subject in the proclamation;
   5. (5) specifications for providing computerized files to produce braille versions of adopted instructional materials;
   6. (6) a schedule of adoption procedures; and
   7. (7) instructions for the submission of open-source instructional materials that are available for use by the state without charge on the same basis as instructional materials offered for sale.
3. (c) The proclamation shall require the instructional materials submitted in response to the proclamation to cover at least 50% of the specific essential knowledge and skills for the subject area and grade level for which the materials are intended at least once in the student text narrative or its electronic equivalent and once in either an end-of-section review exercise, an end-of-chapter activity, or a unit test or their electronic equivalents.
4. (d) A draft copy of the proclamation shall be provided to each member of the SBOE and to representatives of the publishing industry to solicit input regarding the draft proclamation prior to the scheduled adoption by the SBOE. The Texas Education Agency may use the Internet to facilitate this process. Any revisions recommended as a result of input from publishers shall be presented to the SBOE along with the subsequent draft of the proclamation.
5. (e) Under extraordinary circumstances, the SBOE may adopt an emergency, supplementary, or revised proclamation without complying with the timelines and other requirements of this section.

6. (f) The SBOE may issue a proclamation for instructional materials eligible for midcycle review. The midcycle proclamation shall contain the following:

   1. (1) specifications for essential knowledge and skills in each subject for which bids are being invited;
   2. (2) specifications for providing computerized files to produce braille versions of adopted instructional materials;
   3. (3) a fee not to exceed $10,000 for each program or system of instructional materials intended for a certain subject area and grade level submitted for midcycle review; and
   4. (4) a schedule of midcycle adoption procedures.

Source Note:The provisions of this §66.27 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1997, 22 TexReg 3779; amended to be effective March 4, 2001, 26 TexReg 1706; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911.