1. (a) Publishers shall file the following documents with the commissioner of education according to the schedule for the adoption process:

   1. (1) three copies of the official bid form; and
   2. (2) appropriate proof of authority to do business in the State of Texas.
2. (b) A committee of the State Board of Education (SBOE) shall be designated by the SBOE chair to review the commissioner's report concerning instructional materials recommended for state adoption. The committee shall report the results of its review to the SBOE.

3. (c) By a vote of a majority of the SBOE, the SBOE shall adopt a list of conforming instructional materials and a list of nonconforming instructional materials under the Texas Education Code, §31.023 and §31.024. Instructional materials may be rejected for:

   1. (1) failure to meet essential knowledge and skills specified in the proclamation. In determining the percentage of elements of the essential knowledge and skill covered by instructional materials, each performance description shall count as an independent element of the essential knowledge and skills of the subject;
   2. (2) failure to meet established manufacturing standards and specifications recognized by the SBOE;
   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).
4. (d) The SBOE may allow a publisher to withdraw from the adoption process after the date specified in the proclamation due to recommended placement on a conforming or nonconforming list, manufacturing specifications required as a condition of adoption by the SBOE that the publisher states cannot be met, or failure to agree to make corrections required by the SBOE.

Source Note:The provisions of this §66.66 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1997, 22 TexReg 3779.