1. (a) "Open-Source Materials" are defined by the Texas Education Code (TEC), §31.002, as electronic instructional materials that are available for downloading from the Internet at no charge to a student and without requiring the purchase of an unlock code, membership, or other access or use charge, except for a charge to order an optional printed copy of all or part of the instructional materials. The term includes state-developed open-source instructional materials purchased under the TEC, Chapter 31, Subchapter B-1.
2. (b) The State Board of Education (SBOE) shall place open-source instructional materials submitted for a secondary-level course on the adopted list if the instructional materials meet the criteria outlined in subsections (c) and (d) of this section.

3. (c) Open-source instructional materials referenced in this section must be:

   1. (1) submitted by an eligible institution, defined as a public institution of higher education that is designated as a research university or emerging research university under the Texas Higher Education Coordinating Board's accountability system, or a private university located in Texas that is a member of the Association of American Universities, or a public technical institute, as defined by the TEC, §61.003;
   2. (2) intended for a secondary-level course; and
   3. (3) written, compiled, or edited primarily by faculty of an eligible institution who specialize in the subject area of the instructional materials.

4. (d) To submit open-source instructional materials, an eligible institution must:

   1. (1) certify by the board of regents, or corresponding governing body, or president of the university, or by an individual authorized by one of these entities, that the instructional materials qualify for placement on the adopted list based on the extent to which the instructional materials cover the essential knowledge and skills identified under the TEC, §28.002;
   2. (2) identify each contributing author;
   3. (3) provide certification by the appropriate academic department of the submitting institution that the instructional materials are accurate; and

   4. (4) certify that:

      1. (A) for instructional materials for a senior-level course, a student who successfully completes a course based on the instructional materials will be prepared, without remediation, for entry into the eligible institution's freshman-level course in that subject; or
      2. (B) for instructional materials for a junior-level and senior-level course, a student who successfully completes the junior-level course based on the instructional materials will be prepared for entry into the senior-level course.
5. (e) All information and certifications required by subsection (d) of this section shall be provided in a format designated by the commissioner of education.
6. (f) A publisher who offers open-source instructional materials must provide a report for each electronic component that verifies that the component substantially follows Web Content Accessibility (WCAG) 2.0 AA standards and technical standards required by the Federal Rehabilitation Act, Section 508, as applicable.
7. (g) Before placing open-source instructional materials submitted under subsection (b) of this section on the adopted list, the SBOE shall direct the Texas Education Agency (TEA) to post the materials on the TEA website for 60 days to allow for public comment and the SBOE shall hold a public hearing on the instructional materials. Public comment shall be provided to members of the SBOE and posted on the TEA website within five working days of its receipt.

8. (h) Not later than the 90th day after the date open-source instructional materials are submitted as provided by the TEC, §31.0241, the SBOE may review the instructional materials. The SBOE:

   1. (1) may request an independent review that follows the same process used in §66.36 of this title (relating to State Review Panels: Training, Duties, and Conduct) to confirm the content meets the criteria for placement on the adopted list based on the extent to which the instructional materials cover the essential knowledge and skills. The SBOE shall notify the submitting institution of any discrepancy in alignment with essential knowledge and skills;
   2. (2) shall post with the list adopted under the TEC, §31.023, comments made by the SBOE regarding the open-source instructional materials placed on the list; and
   3. (3) shall distribute SBOE comments to school districts.

Source Note:The provisions of this §66.67 adopted to be effective April 27, 2010, 35 TexReg 3257; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137.