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Regular Session, 2014
SENATE BILL NO. 336
BY SENATORS APPEL AND JOHNS
TEXTBOOKS/MATERI ALS. Revises the textbook adoption process. (gov sig)
AN ACT1
To amend and reenact R.S. 17:7(4), 8.3(G) and (H), 22(2)(e), 1964(D)(9), 1970.4(D)(2)(i),2
and 1970.24(E)(1)(h), to enact R.S. 17:351.1 and 355 and to repeal R.S. 17:8 through3
8.2, 351, 352, and 415.1, relative to textbooks and other instructional materials for4
use in elementary and secondary schools; to provide relative to the duties, functions,5
and responsibilities of the State Board of Elementary and Secondary Education, the6
state Department of Education, and public school governing authorities; to provide7
relative to funding; to provide relative to the review of textbooks and other8
instructional materials by the state Department of Education, parents, and the public;9
to provide relative to contracts with publishers for the purchase, lease, and use of10
textbooks and other instructional materials; to provide relative to depositories for11
textbooks and other instructional materials; to provide relative to rules and12
regulations; to provide relative to the Task Force on Textbooks and Instructional13
Materials; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 17:7(4), 8.3(G) and (H), 22(2)(e), 1964(D)(9), 1970.4(D)(2)(i), and16
1970.24(E)(1)(h) are hereby amended and reenacted and R.S. 17:351.1 and 355 are hereby17 SB NO. 336
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enacted to read as follows:1
§7. Duties, functions, and responsibilities of board2
* * *3
(4) Prescribe and adopt free school books a process for the review,4
adoption, procurement, and distribution of free textbooks and other materials of5
instruction for the children of this state at the elementary and secondary levels and6
at all other schools and programs under its jurisdiction for which the legislature7
provides funds, in accordance with law.8
* * *9
§8.3. Task Force on Textbooks and Instructional Materials10
* * *11
G.(1) The task force shall submit a written report of its findings and12
recommendations for related policy and statutory changes to the Senate Committee13
on Education and the House Committee on Education not later than February 1,14
2014.15
(2) The task force shall meet at least once a year thereafter to assess the16
efficiency and effectiveness of the review and adoption process for textbooks17
and other instructional materials and shall submit a written report of its18
findings to the Senate Committee on Education and the House Committee on19
Education, not later than March first of each year.20
H. The task force shall terminate and all authority for its existence shall end21
June 30, 2014 2016.22
* * *23
§22. Superintendent; functions and duties24
The superintendent shall:25
(1)26
* * *27
(2) Provide the staff services for the board. In that regard the superintendent28
shall:29 SB NO. 336
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* * *1
(e) Prepare the list of free school books and other materials of instruction for2
adoption by the board Administer the process prescribed by the board for the3
review, adoption, procurement, and distribution of free textbooks and other4
instructional materials and prepare lists of state reviewed textbooks and5
instructional materials.6
* * *7
§351.1. Textbooks and other instructional materials; review; adoption;8
procurement; distribution9
A.(1)(a) The State Board of Elementary and Secondary Education shall10
prescribe a process for the review, adoption, procurement, and distribution of11
free textbooks and other instructional materials that shall be supplied without12
charge to the children of this state at the elementary and secondary levels out13
of funds appropriated therefor by the legislature in accordance with the14
requirements of Article VIII, Section 13(A) of the Constitution of Louisiana.15
(b) The state board shall have the authority to set and collect fees from16
publishers and other content providers that participate in the review and17
adoption procedures for textbooks and other instructional materials.18
(2) The state board shall also establish rules and procedures whereby19
public school governing authorities shall supply textbooks and other20
instructional materials, as available, to children enrolled in a board-approved21
home study program. Such rules shall include a requirement that textbooks22
and instructional materials supplied to a student enrolled in a home study23
program shall be returned once the student has completed the coursework for24
which the textbooks and instructional materials were provided.25
(3) The state board shall not limit the amount or percentage of state or26
local funds the governing authority of a public elementary or secondary school27
may expend on the purchase or acquisition of textbooks and other instructional28
materials.29 SB NO. 336
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B.(1) The State Board of Elementary and Secondary Education shall1
establish a transparent, digital process whereby the state Department of2
Education shall review textbooks and other instructional materials in the core3
subject areas of English language arts, mathematics, science, and social studies4
and determine the degree to which each aligns with state content standards. The5
department may review textbooks and instructional materials in other subject6
matter areas as deemed necessary or upon request of a public school governing7
authority.8
(2) The digital review process for textbooks and other instructional9
materials submitted to the department for review shall be conducted entirely10
online. Every aspect of the digital review process, including the textbooks and11
instructional materials under review and any and all comments submitted by12
reviewers, parents and other members of the public, and publishers and other13
content providers, shall be posted online and made readily accessible by all14
interested parties.15
(3) The digital review process shall, at a minimum, provide for the16
following:17
(a) Guidelines and timelines for the submission, review, comment, and18
evaluation of textbooks and other instructional materials.19
(b) Establishment of review panels composed of educators and content20
experts who have knowledge of curriculum and the subject matter under21
consideration.22
(c) Evaluation criteria and procedures to determine the extent to which23
textbooks and instructional materials submitted for review align with state24
content standards.25
(d)(i) The opportunity for parents and the public to view and submit26
comments on all textbooks and instructional materials under review. A read-27
only copy of all textbooks and instructional materials under review shall be28
made readily available online for this purpose.29 SB NO. 336
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(ii) The opportunity for publishers and other content providers to1
submit comments in response to any review committee evaluation.2
(iii) All comments submitted in relation to a reviewed textbook or3
instructional material shall be posted online for ready access by any interested4
party.5
(e) A requirement that all textbooks and instructional materials6
submitted for review be supplied in an electronic format that meets the National7
Instructional Materials Accessibility Standards and can be converted into8
specialized formats for children with disabilities and from which braille and9
large-print textbooks can be produced for blind and visually impaired students.10
(4)(a) The Department of Education shall provide the governing11
authority of each public elementary and secondary school with a list of all12
textbooks and other instructional materials reviewed by the department which13
includes information indicating the degree to which each aligns with state14
content standards. Such list shall also be posted online.15
(b) The list of reviewed textbooks and other instructional materials shall16
include textbooks and instructional materials for each core subject at each17
grade level that are fully aligned with state content standards.18
(c) Any list of reviewed textbooks and other instructional materials19
prepared by the department shall contain a statement to the effect that the20
textbooks and instructional materials contained therein were reviewed for the21
sole purpose of determining the degree of alignment with state content22
standards and it is the responsibility of each public school governing authority23
to determine if their use is appropriate to meet the educational needs of its24
students.25
(d) Nothing in this Section shall be construed as prohibiting a public26
school or school district from purchasing or otherwise acquiring textbooks and27
instructional materials that are not included in the list of reviewed textbooks28
and instructional materials prepared by the Department of Education, provided29 SB NO. 336
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the use of such textbooks and instructional materials is not prohibited by law1
or state board regulation.2
C.(1) The governing authority of each public elementary and secondary3
school shall adopt policies and regulations for the adoption and use of textbooks4
and other instructional materials that sufficiently support the needs of all5
students in meeting state content standards.6
(2) The purchase and use of electronic textbooks, instructional7
materials, and other media or content shall be maximized to the greatest extent8
possible.9
(3)(a) Such policies and regulations shall provide for the establishment10
of review committees composed of teachers, educators, parents, and other11
educational stakeholders who have interest in or knowledge of curriculum and12
the subject matter under consideration.13
(b) Parents and other members of the public shall be afforded the14
opportunity to review and provide input relative to the textbooks and15
instructional materials under consideration prior to final adoption. Copies of16
all textbooks and instructional materials under consideration shall be made17
available to the public in a manner and to the extent feasible for the public18
school governing authority.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 and may be removed at the conclusion of22
the review and adoption process.23
(4) Textbooks and instructional materials adopted for use in public24
elementary and secondary schools shall accurately reflect the contributions and25
achievements of people of differing races and promote an understanding of the26
history and values of the people of the United States and Louisiana, including27
the free enterprise system, private property, constitutional liberties, democratic28
values, and traditional standards of moral values.29 SB NO. 336
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(5) The governing authority of a public elementary or secondary school1
may establish the price and sell any textbook or library book no longer in use2
to any person or entity for private use.3
D.(1) The Department of Education shall support public school4
governing authorities in achieving maximum cost efficiencies in the purchase5
and acquisition of textbooks and other instructional materials by providing for6
bulk purchasing through state contracts, whenever possible and feasible.7
(2) The governing authority of a public elementary or secondary school8
may purchase textbooks and other instructional materials through a state9
contract, through a school system purchasing cooperative, or may contract10
directly with a publisher or other content provider.11
(3) Each contract between the state, a school system purchasing12
cooperative, or the governing authority of a public elementary and secondary13
school and a publisher or other content provider for textbooks and instructional14
materials shall:15
(a) Be awarded on a competitive basis in accordance with applicable16
state law.17
(b) Provide that the publisher, distributor, wholesaler, or retailer shall18
not charge the governing authority of a public school a purchase price, rental19
fee, or other fee for the purchase, lease, or use of a textbook or instructional20
material that exceeds the lowest price or fee charged to a school governing21
authority in any other state for the same textbook or instructional material.22
E.(1) The state Department of Education shall provide for a central23
depository for textbooks and other instructional materials which are aligned to24
state content standards to facilitate the purchase and distribution of textbooks25
and instructional materials.26
(2) The depository shall provide for the procurement of textbooks and27
instructional materials in all formats needed to support student learning,28
including braille, large print, digital and print.29 SB NO. 336
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(3) The ordering system established for the depository shall include the1
reviews conducted pursuant to Subsection B of this Section and any comments2
submitted by parents, the public, and publishers and other content providers.3
* * *4
§355. Rules5
The State Board of Elementary and Secondary Education shall6
promulgate rules and regulations to implement the provisions of this Part in7
accordance with the Administrative Procedure Act.8
* * *9
§1964. Board of directors; creation; membership; terms; powers, duties, and10
functions; voting; compensation11
* * *12
D. In addition to the authorities granted herein and any powers, duties, and13
responsibilities vested by any other applicable laws, the board shall:14
* * *15
(9) Prescribe and select for use in the school free school books textbooks and16
other materials of instruction for children enrolled in the school and programs under17
its jurisdiction for which the legislature provides funds. Wherever practical, the18
board shall select the same school books and other materials of instruction as are19
adopted by the state board.20
* * *21
§1970.4. School board; creation; membership; terms; powers and duties; voting;22
compensation23
* * *24
D. * * *25
(2) The board shall:26
* * *27
(i) Prescribe and select for use in the school books textbooks and other28
materials of instruction for children enrolled in the school and programs under its29 SB NO. 336
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jurisdiction for which the legislature provides funds. Wherever practical, the board1
shall select the same school books and other materials of instruction as are adopted2
by the state board.3
* * *4
§1970.24. Board of directors; creation; membership; terms; powers and duties;5
voting; compensation6
* * *7
E.(1) The board shall perform or direct the performance of all of the8
following in compliance with the provisions of this Part, including the expression of9
the intentions of the legislature:10
* * *11
(h) Prescribe and select for use in the center free school books textbooks and12
other materials of instruction for children enrolled in the center and programs under13
its jurisdiction for which the legislature provides funds. Wherever practical, the14
board shall select the same school books and other materials of instruction as are15
adopted by the state board.16
* * *17
Section 2. R.S. 17:8 through 8.2, 351, 352, and 415.1 are hereby repealed.18
Section 3. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
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: SB NO. 336
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words in boldface type and underscored are additions.
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
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. Authorizes BESE to set and collect fees from publishers and other content
providers participating in the process.
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. SB NO. 336
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(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
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.
(7)Provides that any list of reviewed textbooks and other instructional materials
prepared by the department shall contain a statement to the effect that the textbooks
and instructional materials contained therein were reviewed for the sole purpose of
determining the degree of alignment with state content standards and it is the
responsibility of each public school governing authority to determine if their use is
appropriate to meet the educational needs of its students.
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 SB NO. 336
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materials under consideration shall be made available to the public in a manner and
to the extent feasible for the public school governing authority.
(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. Allows the removal of such textbooks and materials from the
website at the conclusion of the review and adoption process.
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.
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 contracts 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 SB NO. 336
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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, through a school system purchasing
cooperative, or may contract directly with a publisher or other content provider.
(3)Provides that each contract between the state, a school system purchasing
cooperative, or the governing authority of a public 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. Additionally provides that such rules shall include a requirement that
textbooks and instructional materials supplied to a student enrolled in a home study program
shall be returned once the student has completed the coursework for which the textbooks and
instructional materials were provided. Proposed law specifies that such materials shall be SB NO. 336
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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.
Proposed law requires BESE to adopt rules and regulations in accordance with the
Administrative Procedure Act to implement proposed law.
Present law provides for the Task Force on Textbooks and Instructional Materials charged
with the review and analysis of the processes utilized to select and approve textbooks and
other instructional materials for use in the public schools. Requires the task force to submit
a written report of its findings and recommendations to the Senate and House education
committees not later than February 1, 2014. Further provides that the task force shall
terminate on June 30, 2014.
Proposed law retains present law but extends the existence of the task force until June 30,
2016. Requires the task force to meet at least once a year until it terminates to assess the
efficiency and effectiveness of the review and adoption process for textbooks and other
instructional materials. Requires the task force to submit a written report of its findings to
the Senate Committee on Education and the House Committee on Education, not later than
March first of each year.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:7(4), 22(2)(e), 8.3 (G) and (H), 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 8.2, 351, 352, and
415.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Extends the termination date for the Task Force on Textbooks and
Instructional Materials from 6/30/14 to 6/30/16. Requires annual report to
Senate and House education committees.
2. Requires that textbooks/instructional materials supplied to home study
students be returned when the student's coursework is completed.
3. Requires DOE lists of reviewed textbooks/instructional materials to contain
a statement noting that textbooks/instructional materials have been reviewed
only to determine alignment with state standards. SB NO. 336
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4. Allows school governing authorities to remove review committees
evaluations and public comments received during the textbook/instructional
material adoption process from website at the conclusion of the adoption
process.
5. Allows school governing authorities to purchase textbooks/instructional
materials through school system cooperatives.
Senate Floor Amendments to engrossed bill
1. Technical changes.
2. Gives BESE authority to set and collect fees from publishers and other
content providers participating in the process.