HLS 12RS-972 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 277
BY REPRESENTATIVE HOFFMANN
TEXTBOOKS/MATERI ALS: Provides relative to textbooks and other instructional
materials
AN ACT1
To enact R.S. 17:8.3, 8.4, and 3996(B)(30) and to repeal R.S. 17:8 through 8.2, 351 through2
353, and 415.1, relative to textbooks and other instructional materials; to provide3
relative to procedures for recommendation and purchasing; to provide relative to4
contracts with publishers; to provide relative to electronic versions; to provide5
relative to funding; to provide for rules and regulations; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:8.3, 8.4, and 3996(B)(30) are hereby enacted to read as follows:9
§8.3. School books prescribed by board10
A. The State Board of Elementary and Secondary Education shall prescribe11
through rules and regulations the recommendation, distribution, and use of free12
school books and other materials of instruction by the governing authority of each13
public elementary and secondary school, including special schools. Such school14
books and materials of instruction shall be supplied to the children of this state at the15
elementary and secondary levels, without charge, out of funds appropriated therefor16
by the legislature in accordance with the requirements of Article VIII, Section 13(A)17
of the Constitution of Louisiana. 18
B. The State Board of Elementary and Secondary Education shall require the19
governing authority of each public elementary and secondary school to adopt20 HLS 12RS-972 ORIGINAL
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procedures permitting any public school student to have use, after regular school1
hours during the week and on weekends, of any free school book. Any public school2
student using any school book pursuant to the provisions of this Subsection shall be3
responsible for such school book. These procedures shall not be applicable to basal4
readers and programs.5
C. The State Board of Elementary and Secondary Education shall ensure that6
school books and materials of instruction accurately reflect the contributions and7
achievements of people of differing races and promote an understanding of the8
history and values of the people of the United States and Louisiana, including the9
free enterprise system, private property, constitutional liberties, democratic values,10
and traditional standards of moral values.11
D. The State Board of Elementary and Secondary Education shall require12
that all school books and other materials of instruction adhere to curriculum13
standards adopted pursuant to R.S. 17:24.4(E).14
E. The State Board of Elementary and Secondary Education shall encourage15
the governing authority of each public elementary and secondary school to maximize16
the availability and accessibility of electronic textbooks and instructional materials17
in any school under its jurisdiction. Each such governing authority may purchase18
electronic textbooks and other instructional materials, media, or content and their19
means of distribution or access as it deems necessary and appropriate to fulfill its20
educational mission and to address state curriculum standards and school and district21
accountability system requirements.22
F. The State Board of Elementary and Secondary Education shall not restrict23
the amount or percentage of state or local funds a public school governing authority24
may expend for the purchase of printed or electronic textbooks, instructional25
materials, or other education-related media or content or their means of distribution26
or access whether or not they are on the state list of recommended textbooks and27
other instructional materials.28 HLS 12RS-972 ORIGINAL
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G. The State Board of Elementary and Secondary Education shall establish1
rules and procedures for supplying school books and other materials of instruction2
for children participating in any home study program approved by the board when3
available. Such rules and procedures shall include but not be limited to a4
requirement that school books and other materials of instruction provided pursuant5
to this Subsection shall be made available only to the child or children of the parent6
or legal guardian obtaining approval for a home study program. The board shall7
provide a copy of such rules and procedures to any parent or legal guardian applying8
for approval of a home study program.9
H. The governing authority of each public elementary and secondary school10
that disburses school library books, textbooks, and other materials of instruction to11
nonpublic school students shall submit to the state superintendent of education such12
documentation as required to verify the administrative costs incurred by the13
governing authority in the disbursement of such books and instructional materials.14
The verified costs of administration incurred by each governing authority shall be15
paid by the state.16
I. The State Board of Elementary and Secondary Education shall adopt17
necessary rules and regulations in accordance with the Administrative Procedure Act18
to implement the provisions of this Section.19
§8.4. Contracts with publishers; reviewing school books and materials of instruction20
A. The State Board of Elementary and Secondary Education shall award21
contracts with publishers of school books on a competitive basis for a term to be22
determined by the board. Each contract shall be made so as to authorize the board23
to terminate it upon ninety days notice. The procedure for examining books and24
awarding contracts shall be under the control of the board and in accordance with25
any applicable law. The board shall have authority to set and collect fees from26
publishers participating in state school book contracting procedures.27
B. Each contract shall stipulate that the publisher shall automatically reduce28
the net cost of textbooks in the state when the net cost of the publisher for books29 HLS 12RS-972 ORIGINAL
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covered by the contract are reduced anywhere in the United States, so that no edition1
of that textbook shall at any time be sold in this state at a higher net cost than that2
received for that book elsewhere in the United States.3
C. Each contract with a publisher shall stipulate that the book or books4
covered by the contract to be sold in this state shall be identical with the official5
samples filed with the board with respect to size, paper, binding, print, illustrations,6
subject matter, and all other particulars which may affect the value of the books;7
however, during the period of the contract, the board may approve revised editions8
of a textbook or service at the bid price, which will authorize a publisher to provide9
such revisions.10
D. Each contract with a publisher shall stipulate that whenever five thousand11
or more copies of a textbook of a single title and edition are to be purchased by the12
state from a single publisher during a twelve-month period, which shall be13
established by the board by rule, not less than eighty percent of the total number of14
copies of such book purchased by the state shall be printed and bound by a printer15
licensed to do business and doing business within the state, provided that the16
publisher receives a timely bid made according to the publisher's bid-making17
requirements from such a printer and provided that the printer is able to print and18
bind such book in accordance with the manufacturer's specifications and at a cost19
equal to or less than the unit cost per book for the same number of books made by20
any out-of-state printer bidding on the same work. Whenever two or more printers21
in this state submit bids which would qualify all of them to print and bind textbooks22
pursuant to this Section and one such printer is a minority-owned business as defined23
in R.S. 39:1952(15), the minority-owned business shall be awarded not less than ten24
percent of the printing and binding required by this Section to be done in this state.25
E. The State Board of Elementary and Secondary Education shall make26
every effort to increase the availability and accessibility of electronic textbooks and27
instructional materials in the state's public elementary and secondary schools and28 HLS 12RS-972 ORIGINAL
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shall encourage all publishers to provide electronic versions of the products they1
offer, whether in addition to, or in lieu of the printed version.2
F. The state Department of Education shall be the depository in the state for3
books for the schools. The state superintendent of education may do all things4
necessary and proper for the department to function as such depository, including but5
not limited to providing for the power to enter into contracts or agreements and to6
acquire property, through lease or purchase, in which the depository is to be located,7
and to determine the location or locations of the depository. The superintendent may8
require publishers to maintain a depository in the state or may contract, in9
accordance with the procedures for the letting of contracts set forth in applicable10
provisions of the Louisiana Procurement Code, particularly R.S. 39:1593, with any11
other public or private agency to act as the depository.12
G. The state Department of Education shall require any depository with13
which the department does business to provide the department a written summary of14
all purchase orders for textbooks received by the depository from the department.15
The depository shall transmit such summary within three business days whenever the16
department requests it to do so, and the department shall make such a request upon17
the written request of any printer licensed to and actually doing business in18
Louisiana. Such a summary shall be a public record. The summary shall itemize the19
total number of copies of each book which is the subject of a purchase order, the unit20
price of each book, the commissions paid to or the discounts received by the21
depository, and the publisher of each book.22
H. The books shall be distributed to the governing authority of each public23
elementary and secondary school from the depository on requisition of the state24
superintendent of education.25
I. The State Board of Elementary and Secondary Education shall establish26
a procedure enabling each governing authority of a public elementary or secondary27
school to order and receive textbooks. The procedure shall include but not be limited28
to permitting a public elementary or secondary school governing authority to29 HLS 12RS-972 ORIGINAL
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contract with a textbook publisher and receive any applicable publisher's discount;1
however, any textbook purchased under the provisions of this Subsection shall be2
purchased at the same price or a lower price than such textbook can be purchased3
from any source other than the publisher.4
J. The State Board of Elementary and Secondary Education shall take such5
action as is necessary to assure that all school books and materials of instruction6
included in state publisher contracts are thoroughly screened, reviewed, and7
approved as to their alignment with content standards adopted pursuant to R.S.8
17:24.4(E).9
K. The State Board of Elementary and Secondary Education shall take such10
action as is necessary to assure that any state committee or other group responsible11
for screening, reviewing, and evaluating any materials of instruction and computer12
and related technological equipment and supplies, other than the governing authority13
of a public elementary or secondary school, shall contain a membership not less than14
one-third of which are teachers. For the purposes of this Section, the term "teacher"15
shall mean any person employed by a city or parish school board who, as a condition16
of employment, is required to hold a valid teaching certificate issued by the state17
Department of Education. Not less than one-third of such committee or group shall18
be parents who have a child currently attending public school, or had a child attend19
public school in the past ten years, and who are not public educators. Meetings of20
such committee or group shall be open to the public, and any member of the public21
may attend and file written or make oral objections to any textbook under22
consideration. The board shall adopt a form whereby any member of the public may23
file written objections to any textbook being considered for inclusion in a contract.24
L. The State Board of Elementary and Secondary Education shall maintain25
a copy of all recommended textbooks and instructional materials. Such textbooks26
and materials shall be maintained at the state Department of Education for a period27
of one year following their initial recommendation. Such textbooks and materials28
shall be available for public inspection online or during regular office hours.29 HLS 12RS-972 ORIGINAL
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M.(1) The state Department of Education shall ensure that all textbooks1
being considered for state recommendation are placed, prior to state recommendation2
and for a period of at least ninety days, in two cooperating public library branches3
in Baton Rouge, in three cooperating public library branches in New Orleans to be4
determined by the New Orleans Public Library system, and in a cooperating public5
library in Shreveport, Monroe, Alexandria, Lake Charles, Lafayette, Houma,6
Covington, Hammond, Metairie, Marrero, Bossier City, Natchitoches, Ruston,7
DeRidder, New Iberia, Opelousas, Bogalusa, and any other city designated by the8
superintendent of elementary and secondary education. Any interested person may9
inspect and review the books during the period when they are on display. Four10
samples of each such textbook shall be made available for such inspection and11
review at each such library. Three such samples shall be made available to be12
checked out from each such library by any interested person according to rules and13
regulations that the state Department of Education shall establish for such purpose.14
The locations and dates of availability of such textbooks shall be posted by the state15
Department of Education on its website in the form of a press release which shall16
remain posted online for the duration of the review period.17
(2) The provisions of this Subsection shall be applicable only to such a18
textbook for which an electronic copy is not available online for inspection and19
review.20
N. The State Board of Elementary and Secondary Education shall adopt21
necessary rules and regulations in accordance with the Administrative Procedure Act22
to implement the provisions of this Section.23
* * *24
§3996. Charter schools; exemptions25
* * *26
B. Notwithstanding any state law, rule, or regulation to the contrary and27
except as may be otherwise specifically provided for in an approved charter, a28
charter school established and operated in accordance with the provisions of this29 HLS 12RS-972 ORIGINAL
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Chapter and its approved charter and the school's officers and employees shall be1
exempt from all statutory mandates or other statutory requirements that are2
applicable to public schools and to public school officers and employees except for3
the following laws otherwise applicable to public schools with the same grades:4
* * *5
(30) Textbooks and other instructional materials, R.S. 17:8.3 and 8.4.6
* * *7
Section 2. R.S. 17:8 through 8.2, 351 through 353, and 415.1 are hereby repealed8
in their entirety.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 277
Abstract: Provides relative to textbooks and other instructional materials for elementary
and secondary schools; shifts responsibility for selecting textbooks from BESE to the
local school board or other school governing authority. Authorizes BESE to
recommend textbooks.
Proposed law makes changes to terminology throughout present law to refer to the governing
authority of a public elementary or secondary school rather than a city, parish, or other local
public school board.
BESE's general role in the textbook selection and distribution process
Present law requires the State Board of Elementary and Secondary Education (BESE) to
prescribe and adopt and exercise control and supervision over the distribution and use of free
school books and other materials of instruction for use in elementary and secondary schools
and special schools. Proposed law instead requires BESE to prescribe through rules and
regulations the recommendation, distribution, and use of such books and materials. Further
requires BESE to require that all such books and materials adhere to curriculum standards
adopted by BESE (also known as grade-level expectations or GLEs).
Funding of textbooks and other instructional materials
Present law prohibits BESE from restricting the amount or percentage of state or local funds
a board may expend for electronic versions of textbooks and materials. Proposed law
broadens the application of this prohibition to provide that there shall be no such restriction
with respect to the purchase of electronic or printed textbooks or instructional materials,
regardless of whether they are on the state list of recommended textbooks and materials. HLS 12RS-972 ORIGINAL
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Review and inspection of textbooks
Present law requires that textbooks and materials be made available for public inspection at
the state Dept. of Education during regular office hours. Proposed law adds as an alternative
that they be made available for inspection online.
Present law provides for textbook review procedures, including citizen participation, the
composition of textbook review committees (not less than 1/3 of membership shall be
teachers and not less than 1/3 of membership shall be parents who are not public educators),
and the placement of proposed textbooks in various public library branches throughout the
state. Proposed law retains present law but provides that copies are only required to be
placed throughout the state when electronic versions are not available online. Relative to
the textbook review committee, proposed law requires that parents have a child in public
school or have had a child in public school in the past 10 years.
Miscellaneous provisions
Proposed law requires BESE to adopt necessary rules and regulations in accordance with the
APA to implement proposed law.
Present law:
(1) Requires BESE to establish rules and procedures for supplying school books and
other materials of instruction for children participating in approved home study
programs.
(2)Provides relative to contracts with publishers for school books and for the state Dept.
of Education's service as the state depository for school books.
(3)Encourages school boards to maximize the availability and accessibility of electronic
versions of textbooks and other instructional materials and authorizes a school board
to purchase them as it deems necessary and appropriate.
(4)Requires public school boards that disburse school library books, textbooks, and
other instructional materials to nonpublic school students to submit to the state
superintendent of education documentation to verify the administrative costs
incurred and provides that such verified costs shall be paid by the state.
Proposed law retains present law.
Present law:
(1)Provides relative to the disposition of school books no longer in use, including
provisions dealing with their sale, donation, and disposal.
(2)Requires BESE to prescribe and adopt and exercise supervision and control over the
distribution and use of school books and other learning materials, supplies, and
equipment for postsecondary and vocational-technical schools and programs.
Proposed law deletes present law.
(Adds R.S. 17:8.3, 8.4, and 3996(B)(30); Repeals R.S. 17:8-8.2, 351-353, and 415.1)