1. (a) A publisher may submit a request to the commissioner of education for approval to substitute an updated edition of state-adopted instructional materials. A publisher requesting approval of a new edition shall provide the request in writing in a manner designated by the commissioner of education that includes an explanation of the reason for the update. The request must be accompanied by an electronic sample and a correlation document that meets all the requirements of the correlation document provided for the initial review. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be posted on the Texas Education Agency website for a minimum of seven calendar days prior to approval.
2. (b) Requests for approval of the updated edition shall provide that there will be no additional cost to the state.
3. (c) Publishers submitting requests for approval of content updates must certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors.
4. (d) Publishers may, at any time, make changes that do not affect the product's Texas essential knowledge and skills coverage or its coverage of Texas Education Code, §28.002(h), as it relates to that specific subject and grade level or course(s), understanding the importance of patriotism and functioning productively in a free enterprise society with appreciation for the basic democratic values of our state and national heritage. Requests for approval of updates to content that was not used in determining the product's eligibility for adoption must be submitted to the commissioner of education to confirm the changes do not affect Texas essential knowledge and skills coverage or coverage of TEC, §28.002(h). Responses from the commissioner of education to update requests shall be provided within 30 days after receipt of the request. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be posted on the Texas Education Agency website for a minimum of seven calendar days prior to approval.
5. (e) All requests for updates involving content used in determining the product's eligibility for adoption must be approved by the State Board of Education (SBOE) prior to their introduction into state-adopted instructional materials. Requests must be submitted in a format designated by the commissioner and must include correlations to applicable student expectations. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. The SBOE may assess penalties as allowed by law against publishers who fail to obtain approval for updates to such content in state-adopted instructional materials prior to delivery of the materials to school districts.
6. (f) Publishers must agree to supply the previous version of state-adopted instructional materials to school districts that choose to continue using the previous version during the duration of the original contract. This subsection does not apply to online instructional materials.

7. (g) A publisher of instructional materials may provide alternative formats for use by school districts if:

   1. (1) the content is identical to SBOE-approved content;
   2. (2) the alternative formats include the identical revisions and updates as the original product; and
   3. (3) the cost to the state and school 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 of education in writing if they are providing SBOE-approved products in alternative formats.
10. (j) Publishers are responsible for informing districts of the availability of the alternative formats and for accurate fulfillment of orders for them.
11. (k) The commissioner of education may add alternative formats of SBOE-approved products to the list of adopted products available to school districts.
12. (l) Publishers of SBOE-adopted instructional materials may, at any time, without seeking approval from the SBOE or the commissioner of education, make technical enhancements or improvements that do not add or change content, provided the enhancements do not change the technical requirements for districts to continue to be able to access the materials in the same manner as originally submitted.

Source Note:The provisions of this §66.75 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective August 15, 1999, 24 TexReg 5699; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective May 5, 2016, 41 TexReg 3137.