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

   1. (1) evaluations of instructional materials prepared by state review panel members, including recommendations that instructional materials be placed on the adopted list or rejected. To be adopted, instructional materials must cover at least 50% of the essential knowledge and skills as required by the proclamation 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;
   2. (2) compliance with established manufacturing standards and specifications;
   3. (3) recommended corrections of factual errors identified by state review panels;
   4. (4) prices of instructional materials submitted for adoption; and
   5. (5) whether instructional materials are offered by a publisher who refuses to rebid instructional materials according to §66.24 of this title (relating to Review and Renewal of Contracts).
2. (b) Based on the review specified in subsection (a) of this section, the commissioner of education shall prepare a preliminary report on instructional materials under consideration for adoption. The preliminary report will be provided to publishers participating in the review process. According to the schedule of adoption procedures, a publisher whose product meets one of the criteria in subsection (d) of this section shall be given an opportunity for a show-cause hearing if the publisher elects to protest the commissioner's preliminary recommendation.
3. (c) The show-cause hearing is a formal opportunity for a publisher to present evidence that the preliminary report does not accurately reflect the extent to which the content provided to the state review panels addresses the required Texas essential knowledge and skills (TEKS) and/or designated English language proficiency standards (ELPS). The show-cause hearing is not a forum to address complaints alleging procedural irregularities or violations of statutes or rules.

4. (d) To be eligible for a show-cause hearing, a product must meet the requirements of §66.79(b) of this title (relating to Adding Content During the Review and Adoption Process) regarding eligibility to provide new content and, upon completion of the final review, be identified as meeting:

   1. (1) at least 95% of the TEKS coverage percentage indicated by the publisher on the complete program description form for that product; or
   2. (2) less than 50% of the TEKS for the subject and grade for which the product is intended and/or less than 100% of the ELPS designated for the subject and grade for which the product is intended.
5. (e) The commissioner of education shall submit to the State Board of Education (SBOE) final recommendations that instructional materials under consideration be placed on the adopted list or rejected.
6. (f) The commissioner of education shall submit for SBOE approval a report on corrections of factual errors that should be required in instructional materials submitted for consideration. The report on recommended corrections shall be sent to the SBOE, affected publishers, regional education service centers (ESCs), and other persons, such as braillists, needing immediate access to the information. The commissioner shall obtain written confirmation from publishers that they would be willing to make all identified corrections should they be required by the SBOE.

Source Note:The provisions of this §66.63 adopted to be effective September 1, 1996, 21 TexReg 7236; 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; amended to be effective March 13, 2014, 39 TexReg 1709.