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Regular Session, 2014
SENATE BILL NO. 336
BY SENATOR APPEL
TEXTBOOKS/MATERI ALS. Revises the textbook adoption process. (gov sig)
AN ACT1
To amend and reenact R.S. 17:7(4), 22(2)(e), 1964(D)(9), 1970.4(D)(2)(i), and2
1970.24(E)(1)(h), to enact R.S. 17:351.1 and 355 and to repeal R.S. 17:8 through 8.3,3
351, 352, and 415.1 and R.S. 36:651(G)(1), relative to textbooks and other4
instructional materials for use in elementary and secondary schools; to provide5
relative to the duties, functions, and responsibilities of the State Board of Elementary6
and Secondary Education, the state Department of Education, and public school7
governing authorities; to provide relative to funding; to provide relative to the review8
of textbooks and other instructional materials by the state Department of Education,9
parents, and the public; to provide relative to contracts with publishers for the10
purchase, lease, and use of textbooks and other instructional materials; to provide11
relative to depositories for textbooks and other instructional materials; to provide12
relative to rules and regulations; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 17:7(4), 22(2)(e), 1964(D)(9), 1970.4(D)(2)(i), and 1970.24(E)(1)(h)15
are hereby amended and reenacted and R.S. 17:351.1 and 355 are hereby enacted to read as16
follows:17 SB NO. 336
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§7. Duties, functions, and responsibilities of board1
* * *2
(4) Prescribe and adopt free school books a process for the review,3
adoption, procurement, and distribution of free textbooks and other materials of4
instruction for the children of this state at the elementary and secondary levels and5
at all other schools and programs under its jurisdiction for which the legislature6
provides funds, in accordance with law.7
* * *8
§22. Superintendent; functions and duties9
The superintendent shall:10
(1)11
* * *12
(2) Provide the staff services for the board. In that regard the superintendent13
shall:14
* * *15
(e) Prepare the list of free school books and other materials of instruction for16
adoption by the board Administer the process prescribed by the board for the17
review, adoption, procurement, and distribution of free textbooks and other18
instructional materials and prepare lists of state reviewed textbooks and19
instructional materials.20
* * *21
§351.1. Textbooks and other instructional materials; review; adoption;22
procurement; distribution23
A.(1) The State Board of Elementary and Secondary Education shall24
prescribe a process for the review, adoption, procurement, and distribution of25
free textbooks and other instructional materials that shall be supplied without26
charge to the children of this state at the elementary and secondary levels out27
of funds appropriated therefor by the legislature in accordance with the28
requirements of Article VIII, Section 13(A) of the Constitution of Louisiana.29 SB NO. 336
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(2) The state board shall also establish rules and procedures whereby1
public school governing authorities shall supply textbooks and other2
instructional materials, as available, to children enrolled in a board approved3
home study program.4
(3) The state board shall not limit the amount or percentage of state or5
local funds the governing authority of a public elementary or secondary school6
may expend on the purchase or acquisition of textbooks and other instructional7
materials.8
B.(1) The State Board of Elementary and Secondary Education shall9
establish a transparent, digital process whereby the state Department of10
Education shall review textbooks and other instructional materials in the core11
subject areas of English language arts, mathematics, science, and social studies12
and determine the degree to which each aligns with state content standards. The13
department may review textbooks and instructional materials in other subject14
matter areas as deemed necessary or upon request of a public school governing15
authority.16
(2) The digital review process for textbooks and other instructional17
materials submitted to the department for review shall be conducted entirely18
online. Every aspect of the digital review process, including the textbooks and19
instructional materials under review and any and all comments submitted by20
reviewers, parents and other members of the public, and publishers and other21
content providers, shall be posted online and made readily accessible by all22
interested parties.23
(3) The digital review process shall, at a minimum, provide for the24
following:25
(a) Guidelines and timelines for the submission, review, comment, and26
evaluation of textbooks and other instructional materials.27
(b) Establishment of review panels composed of educators and content28
experts who have knowledge of curriculum and the subject matter under29 SB NO. 336
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consideration.1
(c) Evaluation criteria and procedures to determine the extent to which2
textbooks and instructional materials submitted for review align with state3
content standards.4
(d)(i) The opportunity for parents and the public to view and submit5
comments on all textbooks and instructional materials under review. A read-6
only copy of all textbooks and instructional materials under review shall be7
made readily available online for this purpose.8
(ii) The opportunity for publishers and other content providers to9
submit comments in response to any review committee evaluation.10
(iii) All comments submitted in relation to a reviewed textbook or11
instructional material shall be posted online for ready access by any interested12
party.13
(e) A requirement that all textbooks and instructional materials14
submitted for review be supplied in an electronic format that meets the National15
Instructional Materials Accessibility Standards and can be converted into16
specialized formats for children with disabilities and from which Braille and17
large-print textbooks can be produced for blind and visually impaired students.18
(4)(a) The Department of Education shall provide the governing19
authority of each public elementary and secondary school with a list of all20
textbooks and other instructional materials reviewed by the department which21
includes information indicating the degree to which each aligns with state22
content standards. Such list shall also be posted online.23
(b) The list of reviewed textbooks and other instructional materials shall24
include textbooks and instructional materials for each core subject at each25
grade level that are fully aligned with state content standards.26
(c) Nothing in this Section shall be construed as prohibiting a public27
school or school district from purchasing or otherwise acquiring textbooks and28
instructional materials that are not included in the list of reviewed textbooks29 SB NO. 336
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and instructional materials prepared by the Department of Education, provided1
the use of such textbooks and instructional materials is not prohibited by law2
or state board regulation.3
C.(1) The governing authority of each public elementary and secondary4
school shall adopt policies and regulations for the adoption and use of textbooks5
and other instructional materials that sufficiently support the needs of all6
students in meeting state content standards.7
(2) The purchase and use of electronic textbooks, instructional8
materials, and other media or content shall be maximized to the greatest extent9
possible.10
(3)(a) Such policies and regulations shall provide for the establishment11
of review committees composed of teachers, educators, parents, and other12
educational stakeholders who have interest in or knowledge of curriculum and13
the subject matter under consideration.14
(b) Parents and other members of the public shall be afforded the15
opportunity to review and provide input relative to the textbooks instructional16
materials under consideration prior to final adoption. Copies of all textbooks17
and instructional materials under consideration shall be made available to the18
public.19
(c) Review committee evaluations and all public comments submitted for20
each textbook and instructional material under review shall be posted on the21
school governing authority's website.22
(4) Textbooks and instructional materials adopted for use in public23
elementary and secondary schools shall accurately reflect the contributions and24
achievements of people of differing races and promote an understanding of the25
history and values of the people of the United States and Louisiana, including26
the free enterprise system, private property, constitutional liberties, democratic27
values, and traditional standards of moral values.28
(5) The governing authority of a public elementary or secondary school29 SB NO. 336
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may establish the price and sell any textbook or library book no longer in use1
to any person or entity for private use.2
D.(1) The Department of Education shall support public school3
governing authorities in achieving maximum cost efficiencies in the purchase4
and acquisition of textbooks and other instructional materials by providing for5
bulk purchasing through state contracts, whenever possible and feasible.6
(2) The governing authority of a public elementary or secondary school7
may purchase textbooks and other instructional materials through a state8
contract or may contract directly with a publisher or other content provider.9
(3) Each contract between the state or the governing authority of a10
public elementary and secondary school and a publisher or other content11
provider for textbooks and instructional materials shall:12
(a) Be awarded on a competitive basis in accordance with applicable13
state law.14
(b) Provide that the publisher, distributor, wholesaler, or retailer shall15
not charge the governing authority of a public school a purchase price, rental16
fee, or other fee for the purchase, lease, or use of a textbook or instructional17
material that exceeds the lowest price or fee charged to a school governing18
authority in any other state for the same textbook or instructional material.19
E.(1) The state Department of Education shall provide for a central20
depository for textbooks and other instructional materials which are aligned to21
state content standards to facilitate the purchase and distribution of textbooks22
and instructional materials.23
(2) The depository shall provide for the procurement of textbooks and24
instructional materials in all formats needed to support student learning,25
including Braille, large print, digital and print.26
(3) The ordering system established for the depository shall include the27
reviews conducted pursuant to Subsection B of this Section and any comments28
submitted by parents, the public, and publishers and other content providers.29 SB NO. 336
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* * *1
§355. Rules2
The State Board of Elementary and Secondary Education shall3
promulgate rules and regulations to implement the provisions of this Part in4
accordance with the Administrative Procedure Act.5
* * *6
§1964. Board of directors; creation; membership; terms; powers, duties, and7
functions; voting; compensation8
* * *9
D. In addition to the authorities granted herein and any powers, duties, and10
responsibilities vested by any other applicable laws, the board shall:11
* * *12
(9) Prescribe and select for use in the school free school books textbooks and13
other materials of instruction for children enrolled in the school and programs under14
its jurisdiction for which the legislature provides funds. Wherever practical, the15
board shall select the same school books and other materials of instruction as are16
adopted by the state board.17
* * *18
§1970.4. School board; creation; membership; terms; powers and duties; voting;19
compensation20
* * *21
D. * * *22
(2) The board shall:23
* * *24
(i) Prescribe and select for use in the school books textbooks and other25
materials of instruction for children enrolled in the school and programs under its26
jurisdiction for which the legislature provides funds. Wherever practical, the board27
shall select the same school books and other materials of instruction as are adopted28
by the state board.29 SB NO. 336
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* * *1
§1970.24. Board of directors; creation; membership; terms; powers and duties;2
voting; compensation3
* * *4
E.(1) The board shall perform or direct the performance of all of the5
following in compliance with the provisions of this Part, including the expression of6
the intentions of the legislature:7
* * *8
(h) Prescribe and select for use in the center free school books textbooks and9
other materials of instruction for children enrolled in the center and programs under10
its jurisdiction for which the legislature provides funds. Wherever practical, the11
board shall select the same school books and other materials of instruction as are12
adopted by the state board.13
* * *14
Section 2. R.S. 17:8 through 8.3, 351, 352, and 415.1 are hereby repealed.15
Section 3. R.S. 36:651(G)(1) is hereby repealed.16
Section 4. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Appel (SB 336)
Proposed law significantly revises the procedures established in present law for the adoption,
procurement, and distribution of textbooks and other instructional materials for use in
elementary and secondary schools as follows:
BESE's role in the textbook selection and distribution process
Present law requires the State Board of Elementary and Secondary Education (BESE) to
prescribe and adopt school books and other materials of instruction, which it shall supply
free of charge to the children of this state at the elementary and secondary levels out of funds SB NO. 336
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appropriated therefor by the legislature in accordance with the requirements of Article VIII,
Section 13(A) of the Constitution of Louisiana.
Proposed law deletes the requirement that BESE adopt textbooks and instructional materials
for use in the public schools and instead requires BESE to prescribe a process for the review,
adoption, procurement, and distribution of free textbooks and other materials of instruction
by the governing authority of each public elementary and secondary school, including
special schools.
Role of the state Dept. of Education in preparation of lists and reviews of textbooks
Present law requires the state superintendent of education to prepare the list of free school
books and other materials of instruction for BESE adoption.
Proposed law deletes this requirement and instead requires the state superintendent to
administer the process prescribed by BESE for the review, adoption, procurement, and
distribution of free textbooks and other instructional materials and to prepare lists of state
reviewed textbooks and instructional materials.
Proposed law requires BESE to establish a transparent, digital process whereby the state
Department of Education (DOE) shall review textbooks and other instructional materials as
follows:
(1)Requires DOE to review textbooks and instructional materials in the core subject
areas of English language arts, mathematics, science, and social studies and
determine the degree to which each aligns with state content standards.
(2)Authorizes the DOE to review textbooks and instructional materials in other subject
matter areas as deemed necessary or upon request of a public school governing
authority.
(3)Requires the digital review process for textbooks and other instructional materials
submitted to the DOE for review to be conducted entirely online. Provides that every
aspect of the digital review process, including the textbooks and instructional
materials under review and any and all comments submitted by reviewers, parents
and other members of the public, and publishers and other content providers, shall
be posted online and readily accessible by all interested parties.
(4)Provides that the digital review process shall, at a minimum, provide for the
following:
(a)Guidelines and timelines for the submission, review, comment, and
evaluation of textbooks and other instructional materials.
(b)Establishment of review panels composed of educators and content experts
who have knowledge of curriculum and the subject matter under
consideration.
(c)Evaluation criteria and procedures to determine the extent to which textbooks
and instructional materials submitted for review align with state content
standards.
(d)Provide the opportunity for parents and the public to view and submit
comments on all textbooks and instructional materials under review. Further
provides that a read-only copy of all textbooks and instructional materials
under review shall be made readily available online for this purpose.
(e)Provide the opportunity for publishers and other content providers to submit SB NO. 336
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comments in response to any review committee evaluation.
(f)Requires that all comments submitted in relation to a reviewed textbook or
instructional material shall be posted online for ready access by any
interested party.
(g)Requires that all textbooks and instructional materials submitted for review
be supplied in an electronic format that meets the National Instructional
Materials Accessibility Standards and can be converted into specialized
formats for children with disabilities and from which Braille and large-print
textbooks can be produced for blind and visually impaired students.
(5)Requires DOE to provide the governing authority of each public elementary and
secondary school with a list of all textbooks and other instructional materials
reviewed by the department which includes information indicating the degree to
which each aligns with state content standards. Such list shall also be posted online.
(6)Requires that the list of reviewed textbooks and other instructional materials
prepared by DOE include textbooks and instructional materials for each core subject
at each grade level that are fully aligned with state content standards.
Proposed law authorizes each public school governing authority to purchase textbooks and
other instructional materials of their own choosing. Further provides that nothing in
proposed law shall be construed as prohibiting a public school or school district from
purchasing or otherwise acquiring textbooks and instructional materials that are not included
in the list of reviewed textbooks and instructional materials prepared by the Department of
Education, provided the use of such textbooks and instructional materials is not prohibited
by law or state board regulation.
Role and responsibilities of public school governing authorities
Proposed law requires the governing authority of each public school to adopt policies and
regulations for the adoption and use of textbooks and other instructional materials that
sufficiently support the needs of all students in meeting state content standards as follows:
(1)Require that the purchase and use of electronic textbooks, instructional materials,
and other media or content shall be maximized to the greatest extent possible.
(2)Provide for the establishment of review committees composed of teachers, educators,
parents, and other educational stakeholders who have interest in or knowledge of
curriculum and the subject matter under consideration.
(3)Afford parents and other members of the public the opportunity to review and
provide input relative to the textbooks and instructional materials under
consideration prior to final adoption. Copies of all textbooks and instructional
materials under consideration shall be made available to the public.
(4) Review committee evaluations and all public comments submitted for each textbook
and instructional material under review shall be posted on the school governing
authority's website.
Present law requires that textbooks and instructional materials adopted for use in public
elementary and secondary schools shall accurately reflect the contributions and
achievements of people of differing races and promote an understanding of the history and
values of the people of the United States and Louisiana, including the free enterprise system,
private property, constitutional liberties, democratic values, and traditional standards of
moral values. SB NO. 336
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Proposed law retains these provisions.
Present law authorizes the governing authority of a public elementary or secondary school
may establish the price and sell any textbook or library book no longer in use to any person
or entity for private use.
Proposed law retains this provision.
Present law authorizes the La. School for Math, Science, and the Arts, the Louis Armstrong
High School for the Arts, and the New Orleans Center for the Creative Arts the authority to
prescribe and select textbooks and instructional materials for the children enrolled in each
respective school but directed that, wherever practical, the school's board shall select
textbooks and materials of instruction as adopted by BESE.
Proposed law deletes the preference for BESE adopted textbooks and materials.
Review and inspection of textbooks by the public
Present law requires that textbooks and materials be made available for public inspection at
DOE during regular office hours. Provides for textbook review procedures, including citizen
participation, the composition of textbook committees, and the placement of proposed
textbooks in various public library branches throughout the state.
Proposed law repeals present law but provides that the public shall have the opportunity to
view textbooks and instructional materials under review by DOE and school governing
authorities and be afforded the opportunity to submit comments during the review process
and prior to final adoption for use by a public school governing authority.
Purchase of textbooks by public school governing authorities; contracts with publishers
Present law encourages school boards to maximize the availability and accessibility of
electronic versions of textbooks and other instructional materials and authorizes their
purchase. Prohibits BESE from restricting the amount or percentage of state or local funds
a board may expend on them.
Proposed law essentially retains present law and prohibits BESE from restricting the amount
or percentage of state or local funds a public school governing authority may expend on the
purchase or acquisition of textbooks and instructional materials in general.
Present law requires each contract with a publisher for school books to be awarded on a
competitive basis and provides that such contacts contain specific provisions relative to
termination rights, price controls and stability. Further requires that at least 80% of the books
purchased be printed in La., provided 5,000 or more copies of such book are purchased in
a single year.
Proposed law retains the requirement in present law for public bids, but otherwise repeals
present law and instead provides as follows:
(1)Requires DOE to support public school governing authorities in achieving maximum
cost efficiencies in the purchase and acquisition of textbooks and other instructional
materials by providing for bulk purchasing through state contracts, whenever
possible and feasible.
(2)Provides public school governing authorities may purchase textbooks and other
instructional materials through a state contract or may contract directly with a
publisher or other content provider.
(3)Provides that each contract between the state or the governing authority of a public SB NO. 336
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elementary and secondary school and a publisher or other content provider for
textbooks and instructional materials shall:
(a)Be awarded on a competitive basis in accordance with applicable state law.
(b)Provide that the publisher, distributor, wholesaler, or retailer shall not charge
the governing authority of a public school a purchase price, rental fee, or
other fee for the purchase, lease, or use of a textbook or instructional material
that exceeds the lowest price or fee charged to a school governing authority
in any other state for the same textbook or instructional material.
Textbook depository
Present law designates DOE as the state depository for school books and authorizes the state
superintendent to administer this function, including the authority to contract with a public
or private agency to act as the depository.
Proposed law repeals present law and instead requires DOE to provide for a central
depository for textbooks and other instructional materials which are aligned to state content
standards to facilitate the purchase and distribution of textbooks and instructional materials.
Requires the depository to provide for the procurement of textbooks and instructional
materials in all formats needed to support student learning, including Braille, large print,
digital and print. Further provides that the ordering system established for the depository
shall include the reviews conducted pursuant to proposed law and any comments submitted
by parents, the public, and publishers and other content providers.
Sale of school books no longer in use
Present law authorizes a school board, with prior BESE approval, to sell any textbook or
library book no longer in use to any person or entity for private use at a fee established by
the school board. Limits use of funds from such sale to textbook or library book purchases.
Proposed law deletes requirement for prior BESE approval and the limitation on the specific
use of sale funds.
Textbooks for home study students
Present law requires BESE to establish rules and procedures for supplying school books and
other materials of instruction for children participating in approved home study programs
when available. Proposed law specifies that such materials shall be supplied through the
local public school governing authority.
Miscellaneous provisions repealed by proposed law
Present law:
(1)Authorizes local school boards to use state funds to purchase computer hardware.
(2)Provides relative to the donation and disposal of school books no longer in use.
(3)Requires BESE to prescribe and adopt and exercise supervision and control over
school books and other learning materials for postsecondary and vocational-technical
schools and programs.
(4)Requires BESE to require publishers to furnish computer diskettes for producing
braille versions of textbooks.
Proposed law repeals present law in (1) through (4) above. SB NO. 336
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Proposed law requires BESE to adopt rules and regulations in accordance with the
Administrative Procedure Act to implement proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:7(4), 22(2)(e), 1964(D)(9), 1970.4(D)(2)(i), and 1970.24(E)(1)(h); adds
R.S. 17:351.1 and 355; repeals R.S. 17:8 through 8.3, 351, 352, and 415.1 and R.S.
36:651(G)(1))