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 an update shall provide the request in writing, along with two mock-ups or screen capture copies of the updated edition, and one copy of the corresponding state-adopted instructional material. This section includes electronic instructional materials and Internet products for which all users receive the same updates.
2. (b) Requests for approval of the updated edition shall provide that there will be no additional cost to the state.
3. (c) Requests for approval of the updates shall not be approved during the first year of the original contract unless the commissioner of education determines that changes in technology, curriculum, or other reasons warrant the updates.
4. (d) Publishers submitting requests for approval of the updates must certify in writing that the new material meets the applicable essential knowledge and skills and is free from factual errors.
5. (e) Responses from the commissioner of education to update requests shall be provided within 30 days after receipt of the request. If no action has been taken by the end of the 30 days, the updates shall be deemed approved.
6. (f) All requests for updates involving content in state-adopted instructional materials must be approved by the State Board of Education (SBOE) prior to their introduction into state-adopted instructional materials. The SBOE may assess penalties as allowed by law against publishers who fail to obtain approval for updates to content in state-adopted instructional materials prior to delivery of the materials to school districts. Publishers may, at any time, make changes that do not affect Texas essential knowledge and skills coverage.
7. (g) 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.

8. (h) 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.
9. (i) 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.
10. (j) Publishers must notify the commissioner of education in writing if they are providing SBOE-approved products in alternative formats.
11. (k) Publishers are responsible for informing districts of the availability of the alternative formats and for accurate fulfillment of these orders.
12. (l) The commissioner of education may add alternative formats of SBOE-approved products to the list of available products disseminated to school districts.

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.