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U.I.S.D.
TEXTBOOK
POLICY
&
PROCEDURES
MANUAL
Revised 04/2014
U.I.S.D. TEXTBOOK STAFF
Mike Garza
Executive Director of Support Services
Michael Barron
Supervisor of Support Services
Francisco Cavazos
Textbook Officer
Francisco Hernandez III
Supervisor
Claudia Longoria
Textbook Assistant
Geronimo Santos
Textbook Assistant
Laura Ortega
Shipping/Receiving
Phone number 956-473-7976
Fax Number 956-473-7982
1
TABLE OF CONTENTS
I. Introduction
II. Instructional Material Management
III. Vision, Mission, Goals and Objectives
IV. Textbook Responsibility Flow Chart
V. Instructional Materials Responsibility
a. Pupil, Parent or Guardian Responsibilities
b. Teacher Responsibilities
c. Principal/Assistant Principal Responsibilities (Campus Textbook Coordinator)
d. District Textbook Coordinator Responsibilities
e. Superintendent Responsibilities f. Local Board of Trustees Responsibilities
VI. District Textbook Administration
a. Local Campus Transfer of Textbooks
b. District Control of Textbook Funds
c. Catastrophic Loss
d. Textbook Adoption
e. Ordering Textbooks
f. Ordering Workbooks
g. Large Type and Braille Textbooks
h. Out of Adoption Textbooks
i. Software and Textbook Management Training
j. Organize End of Year Training
VII. Campus Textbook Administration
a. Financial Accountability
b. Refunds c. Non-Payment Textbooks
d. Ordering Textbooks
e. Annual Order f. Special Population
g. Bilingual Enrollment
h. Out of Adoption
i. Securing Textbooks j. Consumable Textbooks/Workbooks
k. Damaged/Lost Textbooks
l. Teacher’s Editions and Teacher’s Aids
m. Book Covers
n. Audit Protocol
VIII. TipWeb Usage and Responsibilities
a. Principal’s/Assistant Principal Responsibilities (Campus Textbook Coordinator)
b. District Textbook Coordinator’s Responsibilities.
2
Introduction The United Independent School District Warehouse is located at 3501 E. Saunders, Laredo, Texas 78041. It is part
of the Support Services Division. The phone number is 956-473-7976 and the fax number is 956-473-7982. The
UISD website may be accessed for additional information regarding instructional materials under Departments.
Moreover, any Texas Education code and Texas Administrative code may be accessed in the Texas Education
Agency web site. Below are both the UISD and TEA website general address: UISD: http://www.uisd.net TEA: http://www.tea.state.tx.us This manual is designed to assist campus administrators and personnel in charge of instructional materials in the
management of inventory assigned to their campus.
3
Instructional Material Management
The Management of Instructional Material for The United Independent School District is the
responsibility of the Executive Director of Support Services, who oversees textbooks operations.
Warehouse functions for textbooks include textbook ordering, inventory, textbook distribution
and tracking. Other duties include enrollment verification and the adoption process. Campus
administrators are required to track books in accordance with state and district procedures and
are responsible for payment in cases of loss. The District Textbook Officer is the primary
employee responsible for the operations of textbooks. He is responsible for all inventory
tracking, purchasing, and for monitoring of district needs. A district audit of textbooks will be
done once a year in accordance with state law and is part of a yearly cycle used to keep the
district quotas at their peak. All textbook deadlines, procedures, and processing are based on the
district and textbook calendars.
4
Vision, Mission, Goals and Objectives
Vision:
The vision of the Textbook Department is to share the responsibility for learning by providing
instructional materials that will ensure the success of all students.
Mission:
The mission of the Textbook Department is to provide each student and teacher with the best
state adopted instructional materials so that each student can learn and each teacher can use to
teach.
Goals:
A. Conduct district Textbook Department inventory.
B. Conduct campus textbook department inventories.
C. Invoice and collection of lost instructional materials funds.
D. Implement accountability procedures.
E. Provide regular textbook management and accountability training to campus
administrator designees and campus textbook clerks.
Objectives:
A. Verify current and projected enrollment in a timely manner in accordance
with MIS and Planning department.
B. Submit textbook requisitions within state deadlines.
C. Adhere to textbook adoption timelines.
D. Implement automation of district inventory.
E. Provide regular training on textbook operations procedures.
5
Textbook Responsibilities Flow Chart
State Board
Of
Education
TEA
Textbook
Division
Local Board
Of
Trustees
Superintendent
District
Instructional
Materials
Coordinator
Campus
Administrator
Teacher
Student/Parent/
Guardian
Sets State
Textbook Policies
Sets State
Textbook
Procedures
Sets Local
Textbook
Policies
Sets local procedures
and enforces state and
local policies
Enforces state
and local policies
Sets campus
procedures
Enforces campus
procedures Is responsible for the care and
return of instructional
materials to the campus
6
Instructional Materials Responsibilities
A. Pupil, Parent or Guardian Responsibilities
1. Keep textbooks covered at all times. (TEC (Texas Education Code) 31.104 (c)).
See Exhibit A
2. Return textbooks to the school when the pupil withdraws from school. (TEC
31.104 (c)). See Exhibit A
3. Write the student’s name inside the front cover of the textbook in ink.
4. Keep the textbook in good condition. Any misuse of the textbooks due to
carelessness or neglect may be considered cause to charge the student a fine for that
textbook.
5. Reimburse the school for any lost, destroyed, or damaged textbooks issued to that
student. (TEC 31. 104 (d)). For example, textbooks with drawings on them,
profane language or any purposely activity to damage the textbook. See Exhibit A
NOTE:
Each student, parent and/or guardian shall be responsible for returning all
instructional materials to the teacher. Any student failing to return all materials
shall forfeit their right to free textbooks until the previously issued are paid for or
returned. (TEC 31.104 (d))
B. Teacher Responsibilities
1. Keep a record of the book number of all books issued to each pupil.
2. Ensure book covers are available and textbooks are kept covered at all times.
3. Conduct periodic textbook checks (1 per 6 weeks suggested) as directed by the
Assistant Principal.
4. Notify the parent and campus administrator when a textbook is lost, destroyed, or
damaged by a student.
5. Verify the textbook number and condition of the textbooks when they are
returned by the student.
6. Return all books to the book room at the end of the school year or end of the
course (including student books checked out to the teacher).
7
C. Principal/Assistant Principal Responsibilities
(Campus Textbook Coordinator)
1. Conduct an annual physical inventory of all instructional materials, including
student editions, teacher editions, traditional systems and any other material
adopted.
2. Maintain all textbook records and a statement of current charges.
3. Keep all surplus textbooks in a controlled access book room.
4. Ensure that all money collected from students (lost and destroyed textbooks) is
deposited into your schools textbook activity fund and documented.
5. Order needed textbooks and teacher materials from the textbook department
based on grade/course enrollment figures.
6. Return all surplus textbooks to the central district textbook warehouse,
throughout the school year; after approval from Instruction Department
Executive Directors. Textbook Department will be in charge of collection of
materials back to district textbook warehouse.
7. Require that accounting procedures of money collected for lost, destroyed, or
damaged textbooks is followed.
8. All textbooks are required to be covered as by (TEC. 31.104 (c)).
9. Schedule textbook check periodically (every 6 weeks is recommended) during
the school year.
10. Verify all textbook transactions and report discrepancies to the District
Textbook Department.
11. Return all textbooks to the campus book room(s) at the end of the school year or
the end of the first semester for classes that do not continue.
12. All textbooks at the Middle and High School campuses must be label with bar
codes using the Textbook Inventory Software.
13. Inform personnel of all applicable state and local regulations regarding
instructional materials.
D. District Textbook Coordinator Responsibilities
1. Control textbook activity within the school district.
2. Coordinate all textbook activity with the State of Texas Administration.
8
3. Account for all textbooks charged to the District.
4. Conduct an annual physical inventory of all current adoption
textbooks and learning systems which have been requisitioned and
delivered to the district. The results of the inventory shall be
recorded in the district’s files and be available for review.
5. Requisition textbooks using state EMAT system software.
6. Accept all textbook shipments for the district, including the one official sample
textbook or prospectus and report all shipment errors and discrepancies.
7. Be responsible for all shipments of textbooks from the district.
8. Retrieve all Out-of-Adoptions from the campuses and recycle accordingly.
9. Serve as a facilitator on the District Textbook Adoption Committee.
10. Order adopted textbooks and ancillaries.
11. Maintain instructional allotment disbursement a running balance of the state
IMA account.
12. Maintain the computerized textbook inventory system for the district.
E. Superintendent Responsibilities
1. Certify the IMA and TEKS Certification state form.
2. Report district-wide maximum membership to the Commissioner of
Education (TEC 31.103 (a) (b)) See Exhibit B
2. Designate a chairperson for the Textbook Adoption committee and formally
approve committee members.
3. Sign textbook administration forms and act as interim Textbook Coordinator in
emergency cases.
4. Route all textbook problems and questions to the Textbook Coordinator for
clarification with State Textbook Administration.
F. Local Board of Trustees Responsibilities
1. The President and the Secretary of the Board must sign the IMA and TEKS
Certification form.
9
2. Serve as legal custodians of state textbooks and have the power to make
such arrangements for the distribution of books to the pupils as may seem
most effective and economical. (TEC 31.104)
3. Share jurisdiction in textbook selection.
a. Approve the recommendations of the Superintendent for appointment
of the local textbook adoption committee.
b. All textbooks recommended for selection by the committee must
be ratified by the Board of Trustees. (TEC 31.101 (a) (1)) See
Exhibit C
10
District Textbook Administration
A. Local Campus Transfer of Textbooks
Textbooks must NEVER be transferred between schools. All surplus
textbooks must be transferred back to the textbook warehouse with the
approval of the district administrator (Support Services Executive Director and
Instructional Department Executive Directors). If a school needs books, they
must process a requisition through TipWeb, and the clerk will transfer those
books to the school based on actual enrollment need. The only method of
removing book charges from a school’s inventory is to submit the proper
request on TipWeb. Please call the textbook department for instructions and a
pick up date to be scheduled.
B. District Control of Textbook Funds
1. Each school should have a receipt book dedicated to textbook sales.
Students must always be issued a receipt of any books they pay for. This
receipt should include the student’s ID number, in case a book is found and a
refund is issued as long as it is before the administrator in charge of
textbooks last contract date of that current school year.
2. When conducting the annual textbook inventory, the school assistant principal
should indicate on his/her inventory the books that are missing and amount
paid.
3. All funds collected for textbooks should be deposited in the school’s
textbook activity fund. The District Textbook Clerk will send you a
statement of charges for losses. Checks are to be sent to the District
Accounting Manager at the Business/Finance Department.
C. Catastrophic Loss
Textbooks that are lost or damage due to a catastrophic event will be reviewed
on a case by case basis.
D. Textbook Adoption
1. Organize public Textbook Hearing for New Adoption.
2. Receive samples at district warehouse and distribute samples to campuses.
3. Be present at Textbook Committee meetings and publisher presentations.
4. Assist in the presentation of newly adopted textbooks to the Board of
Trustees.
5. Send IMA and TEKS Certification form to the state.
11
6. Order newly adopted textbooks and ancillaries in accordance to TEA rules and
regulations as well as the amount of funds allotted to our district by the state.
7. Assist in labeling textbooks at secondary level.
8. Distribute newly adopted textbooks.
E. Ordering Textbooks
1. Gather enrollment and course subject enrollment for the purpose of
ordering textbooks.
2. Order supplemental order as enrollment increases.
3. Order workbooks and consumables based on the amount of funds currently allotted
to the district by the state.
4. Receive all instructional materials and distribute to different campuses based
on their projected/current enrollment. At the secondary level distribution is
based on full course enrollment or class sets.
F. Ordering Workbooks
1. Contact different publishers to request order forms.
2. Collect enrollment information.
3. Distribute workbook order forms to the instructional department for
the selection of materials.
4. Consolidate information and place orders.
5. Place order to TEA or through publishing companies.
6. Place orders from different publishers.
7. Distribute workbooks based on worksheet breakdown.
G. Large Type and Braille Textbooks
1. Receive ARD form from Special Education EVI Coordinators for
ordering textbooks from TEA.
2. Receive orders for Large Type workbooks and print and distribute as requested.
3. Inventory Large Type and Braille Textbooks at the end of the school year.
4. Invoice the campus for any Large Type or Braille textbook lost.
5. Pick up and redistribute Large Type and Braille textbooks based on the
12
orders submitted.
H. Out of Adoption Textbooks
1. Provide list of out of adoption instructional materials to campus administrators.
2. Organize the collection of out of adoption from campuses.
3. Dispose out of adoption as per State procedures.
I. Software and Textbook Management Training
Upon request the Textbook Department staff will conduct software and
textbook management training to incoming and current administration.
J. Organize End of Year Training
At the end of each school year, textbook staff conducts an end of the
year training to discuss end of year closing on TipWeb, inventory
procedures, incoming issues for next school year and other items
pending.
13
Campus Textbook Administration
A. Financial Accountability
1. Each student or the student’s parent’s or guardian is responsible for each
textbook not returned by the student, regardless of whether the textbook is
lost, damaged or stolen. A student who fails to return all textbooks forfeits the
right to free textbooks until each textbook previously issued but not returned
is paid for by the student, parent or guardian. The District shall allow the
student to use textbooks, at the school, each school day but may not allow the
students to take textbooks out of the classroom until each textbook previously
issued but not returned is paid for by the student, parent or guardian. If a
textbook is not returned or paid for, the District may withhold the
student’s academic records for out-of-district request only.
2. Teachers are expected to pay for lost textbooks and teacher editions
requested.
3. Schools are expected to clear textbook accounts at the end of each school
year.
4. A school that does not have sufficient funds to cover for lost textbooks and
does not pay by the end of the fiscal year will have its money withdrawn from
their budget.
B. Refunds
1. If a textbook is found by a student after he or she paid for it, a refund will
be issued at campus level. Refunds are only available until the student’s
last day of school.
C. Non-payment Textbooks
1. The parent and the student are notified and given a list of prices for the
textbooks in question.
2. The student is expected to pay or make regularly payments until debt is
cleared.
3. If there is any question as to the validity of the debt, the principal will consider
the facts and make a determination.
4. A student who owes for lost textbooks will have access to textbooks at the
campus for classroom use only.
D. Ordering Textbooks
Two factors determine how many textbooks a campus is entitled to: the number of
students enrolled in a grade and/or subject (enrollment) and the difference in
14
number of textbooks from the same multiple list already assigned to a campus
based on the information provided by the Textbook Inventory Software.
1. Enrollment
Enrollment is defined as the number of students enrolled in a grade and/or
subject. Grades K-5 report number of students enrolled in a grade. Grades 6-12
report students enrolled in a subject. The enrollment data is used to determine
how many textbooks the district or campus is eligible for.
2. Teacher Count
The teacher count is the total number of teachers who teach a subject in the
classroom.
E. Annual Order
Textbooks are ordered based on projected enrollment. If the enrollment
increases in a grade or class, you may be entitled to order more textbooks.
Textbooks are normally ordered as soon as EMAT is open for ordering. In
elementary schools, it is necessary to re-order consumable books. A
supplemental requisition is submitted to account for increased enrollment. In
secondary schools, we require a mid-summer update, which includes an updated
membership form and supplemental request for textbooks, if needed.
Membership must be updated before preparing a supplemental order or the
computer may show you are ineligible to order more textbooks.
When a school pays for books at the end of the school year and that payment is
reflected on their inventory, they will not automatically have those books
replaced. It is necessary to include those books on your Supplemental Textbook
Request. If lost books are part of a set, such as basal readers, we will not
replace a component of the set. You must pay for the entire set to have a new
set ordered from the state. Individual components must be ordered by the
school from the publisher. We recommend that you collect cost plus 10% for
each component to help cover shipping and handling costs.
At times, especially at the beginning of a semester, the textbook coordinator
may ask for an updated enrollment report. Please furnish this, whether or not
you need additional books. This may increase our district enrollment and make
us eligible for additional books.
F. Special Population
Students with visual handicaps are determined eligible for special textbooks by
a local ARD committee. These students must be verified by the annual
registration through the division of Special Education of the Texas Education
Agency each January. These students may receive modified textbooks which
include textbooks in Braille and Large Type. Students with dyslexia may be
classified under the non-label 504 or special education. They may be eligible
for some modifications. To order special materials, it is required that there is a 15
written modification in their IEP or equivalent. TEA does not provide large
type textbooks for Kinder, First and Second grade levels due to the font size.
Textbooks on audiotape are available by a provider at your own cost.
1. Special Education
Special Education students who are performing off grade level will not receive
textbooks at the performance level. Eligible students must be included in the
enrollment of the grade level at which they are performing. (i.e.: A high school
student performing at a 5th grade level should also be reported as a 5th grader in
the enrollment report.) Some sample teacher materials are available for use by
content mastery teachers.
2. Highlighting
The highlighting of textbooks for special education students is allowed if the
student’s individualized education plan (IEP) calls for such modification.
Highlighted textbooks, however, can never be returned to the state textbook
depository in an interim shipment. They remain charged to the district’s
inventory for the remainder of the contract period and may not be reported as
worn out. They should be reported to the District Textbook Coordinator.
G. Bilingual Membership
Students identified as bilingual and enrolled in bilingual classes are entitled to
bilingual textbooks. Bilingual textbooks are defined as textbooks written in
Spanish for pupils who are not proficient in English. Bilingual students are
eligible for the Spanish book as well as the adopted English textbook for each
subject. Therefore, when counting enrollment for bilingual students, count them
once for bilingual enrollment and then once again for total enrollment. This
insures that they are eligible for textbooks in both English and Spanish.
H. Out of Adoption
1. Disposition of Textbooks
(a) The commissioner, with the approval of the State Board of Education, may
provide for the disposition of:
(b) Textbooks, other than electronic textbooks, that are no longer in
acceptable condition to be used for instructional purposes; or
(c) Discontinued textbooks, other than electronic textbooks.
(d) The commissioner, as provided by rules adopted by the State Board of
Education, shall make available on request copies of discontinued
textbooks, other than electronic textbooks, for use in libraries maintained
in municipal and county jails and facilities of the institutional division of
the Texas Department of Criminal Justice and other state agencies.
(e) The State Board of Education shall adopt rules under which a school
16
district or open-enrollment charter school may donate discontinued
textbooks, other than electronic textbooks, to a student, to an adult
education program, or to a nonprofit organization.
2. Out-of-Adoption Instructional Materials
(a) School districts or open-enrollment charter schools may retain out-of-
adoption instructional materials.
(b) Each school district or open-enrollment charter school shall make out-of-
adoption instructional materials (other than electronic instructional
materials) available to libraries maintained by city and county jails,
institutions within the Texas Department of Criminal Justice, and other
state agency institutions.
School officials may donate out-of-adoption instructional materials (other
than electronic instructional materials) to students, adult education
programs, and nonprofit organizations. Individuals and officials making
requests for out-of-adoption instructional materials shall be responsible for
transporting the materials.
3. Donation of out-of-adoption textbooks.
a. You may donate the books to students, parents, teachers, adult literacy
programs, jails, other agencies or any non-profit organization.
b. If you cannot dispose of the materials in the ways mentioned above, you
may return the books to be recycled.
4. Returning the wrong out-of-adoption textbooks.
a. Contact the textbook coordinator and ask if the current books can be
returned to you. If this is not possible, you will have to use local fund to
purchase those textbooks.
I. Textbook Security
1. Keep your books in a secure, locked book room. Only you and the principal
should have the key.
2. Require written requisition from teachers for books--it will help you
tremendously in keeping up with your inventory. Have teachers sign off when
they return books.
17
J. Consumable Textbooks/Workbooks
Consumable textbooks are designed to be completely used and written in
throughout the year. Consumable textbooks are not to be sent with student
records when a student transfers out of the district. Consumables will be issued
based on the number of textbooks assigned at your campus. Elementary
consumables are only distributed once a year; based on enrollment. Consumables
for Algebra I, Algebra II, and Geometry will be distributed twice a year as
available. If a student leaves the school, the administrator in charge of
textbooks must make sure to reissue that student’s consumable as needed.
K. Damaged/Lost Textbooks
Each School must have a plan for the collection of funds owed. It is
recommended that;
1. All damage textbooks must be paid for.
2. The guardians receive a letter notifying them that a textbook(s) have been
lost.
3. Guardians must be given the option to pay for the textbook in one payment
or installments during the school year but must pay the entire amount
before the due date.
4. Students who owe for textbooks will not be issued textbooks unless their
parents/guardians have made an agreement to pay.
5. Students who have not made an agreement will have access to textbooks
in the classroom through the teacher only.
6. All funds collected should be deposited into the textbook activity account.
L. Teacher’s Editions and Teacher’s Aids
All Teachers leaving United ISD or transferring or changing their teaching
assignment or grade level should return their Teacher’s Editions and Teacher’s
Aids (First Year Items and Resources).
M. Book Covers
Book covers are available through an advertising company. They will
automatically be sent to you thru Textbook Department. As per state law, TEC
31.104 (c), textbooks are to be covered.
18
N. Audit Protocol
An annual physical inventory of all currently adopted instructional materials that
have been charged to, requisitioned by, and delivered to each campus will be
conducted between May and June of each particular year. The results of the
inventory shall be recorded in the district’s files.
The audit and related textbook operations will be an extraordinary task that will
require absolute cooperation, commitment, coordination, and communication.
We will do everything feasible to make this audit as simple as possible. We have
State deadlines to meet, and in order for us to complete the inventories within
the specified time, we ask that you adhere to the inventory procedures.
The audit procedures are as follows:
1. Prior to the textbook inventory each school administrator or designee shall
make sure that all textbooks are returned to the bookroom or assigned area.
2. Prior to the textbook audit, the administrator in charge of textbooks or
designee shall make sure that all textbooks are arranged by grade levels.
3. Prior to the textbook inventory each school administrator or designee shall
make sure that all textbooks are stacked five textbooks spine in and five
textbooks spine out. Leftover textbooks in stacks less than five should be
stack in front. If the textbooks must be stacked two or three deep on the
shelves, the number must be uniform in each stack.
4. Prior to the textbook inventory, each school administrator or designee shall
have an accurate count of textbooks. Staff will audit this number, therefore
revealing any overages or shortages.
5. The administration or designee shall be present during the inventory process.
6. At the conclusion of the inventory, the school administrator or designee shall
certify the accuracy of the campus inventory by signing and dating the
inventory report. A copy of the audit figures will be left with the campus
administration or designee.
7. An audit report will be forwarded reflecting any shortages and the total
amount due. The district textbook administrator shall prepare a district-wide
audit report.
8. The accounting department will make arrangements to collect any funds due
for lost textbooks.
19
TipWeb Usage and Responsibilities
A. Principal/Assistant Principal Responsibilities
(Campus Textbook Coordinator)
1. Use the Textbook Inventory Software to keep control of textbook inventory at
campus.
2. Use the Textbook Inventory Software to order textbooks from the District
Textbook Warehouse.
3. Use the Textbook Inventory Software to return surplus textbooks to the
District Textbook Warehouse.
4. Use the Textbook Inventory Software to issue books to students and
teachers.
5. Use the Textbook Inventory Software to collect back textbooks from
students and teachers into the campus bookroom.
6. Use the Textbook Inventory Software to identify lost textbooks by students
and teachers.
7. At the end of every school year, perform steps on the Textbook Inventory
Software to close out the year and archive.
B. District Textbook Coordinator Responsibilities
1. Use the Textbook Inventory Software to keep and control the District’s
textbook inventory.
2. Use the Textbook Inventory Software to run inventory reports to inventory
District Textbook Warehouse and Campuses.
3. Use the Textbook Inventory Software to input shipments of textbooks add
new textbooks, and remove out-of-adoption textbooks.
4. Use the Textbook Inventory Software to distribute textbooks and collect
textbooks from campuses.
5. Use the Textbook Inventory Software to identify lost textbooks from
campuses and provide receipt to campuses.
6. Use the Textbook Inventory Software to create bar code labels for
textbooks for secondary campuses.
7. At the end of every school year, perform steps on the Textbook Inventory
Software to close out the year and archive.
20
EXHIBIT A
Education Code
Chapter 31 Textbooks
Subchapter A. General Provisions
(a) The board of trustees of a school district or the governing body of an open-enrollment charter
school may delegate to an employee the authority to requisition, distribute, and manage the
inventory of instructional materials in a manner consistent with this chapter and rules adopted
under this chapter.
(b) A school district or open-enrollment charter school may order replacements for
instructional materials that have been lost or damaged directly from the publisher of
the instructional materials or any source for a printed copy of open-source
instructional material.
(c) Except as provided by Subsection (g), a student must return all instructional materials to
the teacher at the end of the school year or when the student withdraws from school.
(d) Each student, or the student's parent or guardian, is responsible for all instructional
materials and technological equipment not returned in an acceptable condition by the
student. A student who fails to return in an acceptable condition all instructional materials
and technological equipment forfeits the right to free instructional materials and
technological equipment until all instructional materials and technological equipment
previously issued but not returned in an acceptable condition are paid for by the student,
parent, or guardian. As provided by policy of the board of trustees or governing body, a
school district or open-enrollment charter school may waive or reduce the payment
requirement if the student is from a low-income family. The district or school shall allow
the student to use instructional materials and technological equipment at school during
each school day. If instructional materials or technological equipment is not returned in
an acceptable condition or paid for, the district or school may withhold the student's
records. A district or school may not, under this subsection, prevent a student from
graduating, participating in a graduation ceremony, or receiving a diploma. The
commissioner by rule shall adopt criteria for determining whether instructional materials
and technological equipment are returned in an acceptable condition.
21
(e) The board of trustees of a school district may not require an employee of the district who
acts in good faith to pay for instructional materials or technological equipment that is
damaged, stolen, misplaced, or not returned. A school district employee may not waive
this provision by contract or any other means, except that a district may enter into a
written agreement with a school employee whereby the employee assumes financial
responsibility for electronic instructional material or technological equipment usage off
school property or outside of a school-sponsored event in consideration for the ability of
the school employee to use the electronic instructional material or technological
equipment for personal business. Such a written agreement shall be separate from the
employee's contract of employment, if applicable, and shall clearly inform the employee
of the amount of the financial responsibility and advise the employee to consider
obtaining appropriate insurance. An employee may not be required to agree to such an
agreement as a condition of employment.
(f) At the end of the school year for which open-source instructional material that a school
district or open-enrollment charter school does not intend to use for another student is
distributed, the printed copy of the open-source instructional material becomes the
property of the student to whom it is distributed.
(g) This section does not apply to an electronic copy of open-source instructional
material.
Added by
Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th
Leg., ch. 129, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 805, Sec. 6, eff. June
14, 2001; Acts 2003, 78th Leg., ch. 634, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 116, Sec. 2, eff. May 17, 2007. Acts
2009, 81st Leg., R.S., Ch. 366, Sec. 1, eff. June 19, 2009. Acts
2009, 81st Leg., R.S., Ch. 679, Sec. 9, eff. September 1, 2009. Acts
2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 54, eff. July 19, 2011
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EXHIBIT B
Education Code
Chapter 31. Textbooks
Subchapter A. General Provisions
§ 31.103. INSTRUCTIONAL MATERIAL REQUISITIONS.
(a) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011.
(b) A school district or open-enrollment charter school shall make a requisition for
instructional material using the online requisition program maintained by the commissioner not
later than June 1 of each year. The publisher or manufacturer shall fill a requisition approved by
the agency.
(c) In making a requisition under this section, a school district or open-enrollment
charter school may requisition instructional materials on the list adopted under Section 31.023
for grades above the grade level in which a student is enrolled.
(d) A school district or open-enrollment charter school that selects open-source
instructional material shall requisition a sufficient number of printed copies for use by students
unable to access the instructional material electronically unless the district or school provides to
each student:
(1) electronic access to the instructional material at no cost to the student; or
(2) printed copies of the portion of the instructional material that will be used in
the course.
(e) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th
Leg., ch. 129, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 805, Sec. 4, eff. June 14,
2001; Acts 2003, 78th Leg., ch. 201, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 52, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 53, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011.
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EXHIBIT C
Education Code
Chapter 31. Textbooks
Subchapter A. General Provisions
§ 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL MATERIALS BY SCHOOL DISTRICTS.
(a) Each year, during a period established by the State Board of Education, the board of
trustees of each school district and the governing body of each open-enrollment charter school
shall:
(1) for a subject in the foundation curriculum, notify the State Board of
Education of the instructional materials selected by the board of trustees or governing body for
the following school year from the instructional materials list, including the list adopted under
Section 31.0231; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each instructional material
selected by the board of trustees or governing body for the following school year from the
instructional materials list, including the list adopted under Section 31.0231; or
(B) notify the State Board of Education that the board of trustees or
governing body has selected instructional material that is not on the list.
(b) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(8), eff. July 19, 2011.
(b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(8), eff. July 19, 2011.
(c) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(8), eff. July 19, 2011.
(c-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(8), eff. July 19, 2011.
(d) For instructional material that is not on the list, a school district or open-enrollment
charter school must use the instructional material for the period of the review and adoption cycle
the State Board of Education has established for the subject and grade level for which the
instructional material is used.
(e) A school district or open-enrollment charter school that selects subscription-based
instructional material on the list adopted under Section 31.023 or electronic instructional material
on the list adopted by the commissioner under Section 31.0231 may cancel the subscription and
subscribe to new instructional material on the list adopted under Section 31.023 or electronic
instructional material on the list adopted by the commissioner under Section 31.0231 before the
end of the state contract period under Section 31.026 if:
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(1) the district or school has used the instructional material for at least one
school year; and
(2) the agency approves the change based on a written request to the agency by
the district or school that specifies the reasons for changing the instructional material used by the
district or school.
(f) The commissioner shall maintain an online requisition system for school districts to
requisition instructional materials to be purchased with the district's instructional materials
allotment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 5, eff. June 19, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 49, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 50, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(8), eff. July 19, 2011
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District Textbook Activity Calendar
July/August
District Activities
Continue to receive and process summer shipments
Send missing textbook forms to depositories Purchase any lost textbooks
Deliver fall shipments to campuses
Send supplemental requisitions to the state and process supplemental shipments Campus Activities
Receive and verify shipments
Distribute textbooks to teachers and pupils
September/October
District Activities
Fill campus requests based on enrollment membership
Submit supplemental orders to state Identify subject areas on new adoption list
Campus Activities
Distribute textbooks to students and teachers
Identify enrollment membership changes and request needed textbooks
November/December
District Activities
Request and receive official samples of all textbooks on the adoption list
Start Adoption committee with Instruction Department Check with High Schools projections for Spring semester classes to adjust textbooks to projected
enrollment membership Campus Activities
Begin to receive sample textbooks
Assign presentation and viewing area for samples
High Schools order any textbooks that will be needed for Spring semester
January/February
District Activities
Textbook adoption committee meets to evaluate samples
Textbook adoption hearing is conducted for public viewing
Make final recommendations for adoption to School Board
School Board adopts textbooks for use in the district Start working with projected enrollment membership for new school year instructional materials
orders
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Campus Activities
Review and evaluate samples
Vote and submit votes to Instructional Department
March/April
District Activities
Complete the annual order to submit on EMAT
Have Annual Textbook Training and Meeting with Campus Administrators
Provide inventory forms to all campuses
Campus Activities
Attend Annual Textbook Training and Meeting
Inventory all instructional material before district staff comes to audit
Submit summer deliveries contact person Submit projected needs of consumables
Submit projected teacher count
May/June
District Activities
Audit campus inventories
Provide accounting department with each campus losses to start receipt of payments
Start receiving summer shipments Purchase any lost textbooks
Start processing and sending summer shipments to campuses
Collect out of adoption textbooks Recycle out of adoption textbooks
Campus Activities
Collect books from students and store them for inventory purposes
Prepare out of adoption instructional material for return to district warehouse
Inventory all instructional material Complete paperwork for payment for lost textbooks
Throughout the Year
District Activities
Send instructional materials to campuses who meet enrollment membership eligibility
Collect instructional materials not in use at campuses Request additional instructional materials when eligible from state and publisher
Maintain a running account of IMA funds Campus Activities
Collect money from students for lost, destroyed, or damaged instructional material
Request additional instructional material from the District Textbook office when eligible
Request collection of excess instructional material from the District Textbook office
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