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U.I.S.D. TEXTBOOK POLICY & PROCEDURES MANUAL Revised 04/2014

U.I.S.D. TEXTBOOK POLICY PROCEDURES MANUAL · 2018-11-30 · Claudia Longoria Textbook Assistant . Geronimo Santos Textbook Assistant . ... responsibility of the Executive Director

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Page 1: U.I.S.D. TEXTBOOK POLICY PROCEDURES MANUAL · 2018-11-30 · Claudia Longoria Textbook Assistant . Geronimo Santos Textbook Assistant . ... responsibility of the Executive Director

U.I.S.D.

TEXTBOOK

POLICY

&

PROCEDURES

MANUAL

Revised 04/2014

Page 2: U.I.S.D. TEXTBOOK POLICY PROCEDURES MANUAL · 2018-11-30 · Claudia Longoria Textbook Assistant . Geronimo Santos Textbook Assistant . ... responsibility of the Executive Director

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

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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

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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

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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

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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

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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

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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).

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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.

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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

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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

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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.

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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

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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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.

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(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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