For each subject and grade level, the State Board of Education (SBOE) shall adopt two lists of textbooks: conforming and nonconforming:
1. The conforming list includes each textbook that meets applicable physical specifications and contains materials covering each element of the essential knowledge and skills of the subject and grade level.
2. The nonconforming list includes each textbook that meets the applicable physical specifications and contains material covering at least half, but not all, of the elements of the essential knowledge and skills.
Education Code 31.023
The SBOE shall adopt a review and adoption cycle for textbooks for each subject in the required curriculum under Education Code 28.002. Education Code 31.022(a)
A publisher shall provide the School with information that fully describes each of the publisher's adopted textbooks. On request of the School, a publisher shall provide a sample copy of an adopted textbook. Education Code 31.027
Samples shall be provided and distributed at the expense of the publisher. No state or local funds shall be expended to purchase, distribute, or ship sample materials. 19 TAC 66.101(c)
Each year, during a period established by SBOE, a board shall select textbooks for subjects in the foundation and enrichment curricula. Education Code 31.101(a)
A board shall adopt a policy for selecting instructional materials. Final selections must be recorded in board minutes. 19 TAC 66.104(a)
A board shall select textbooks for a subject in the foundation curriculum from either the conforming list or the nonconforming list. Education Code 31.101(a)(1)
A board may select textbooks for courses in the enrichment curriculum from the conforming list or the nonconforming list, or it may select books that do no appear on either list (nonadopted materials). Education Code 21.101(a)(2)
Once instructional materials have been requisitioned and delivered, including nonadopted materials, the School shall continue to use those materials during the period of the review and adoption cycle the SBOE has established for the subject and grade level for which the materials are used. Education Code 31.101(d); 19 TAC 66.104(f), (j)
By April 1 of each year, the School shall transmit a report to TEA listing the instructional materials selected for use in the School. Selections certified to TEA are final and, therefore, not subject to reconsideration during the original contract period or readoption contract periods covering the instructional materials selected. 19 TAC 66.104(g),(h)
A trustee, administrator, or teacher commits an offense if the person receives any commission or rebate of any textbooks used in the schools with which the person is associated.
A trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:
"Gift, favor, or service" does not include:
Education Code 31.152
Annually, the SBOE shall set aside out of the available school fund an amount sufficient for districts to purchase and distribute the necessary textbooks for the use of the students of this state for the following school year. Education Code 31.025
The SBOE shall set a limit on the cost that may be paid from the state textbook fund for a textbook on the conforming or nonconforming list. Education Code 31.025
If the School selects instructional materials priced above the limit set by SBOE, the School is responsible for paying the publisher the portion of the cost above the state maximum. 19 TAC 66.104(b)
The School also bears responsibility for providing Braille and/or large-type versions of nonadopted enrichment materials. 19 TAC 66.104(d)
Selection and use of ancillary materials is at the discretion of a board. 19 TAC 66.104(p)
Course materials relating to human sexuality, sexually transmitted diseases, or human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) shall be selected by a board with the advice of the local school health advisory council. Education Code 28.004(e)
Adopted: 3/7/80
Amended: 3/9/84, 9/21/84, 1/23/87, 1/26/89, 9/27/91, 1/29/93, 1/26/96, 5/28/03, 4/1/05, 11/16/07
Reviewed: