704 KAR 3:455.
Instructional resource adoption process.
RELATES TO: KRS
156.027, 156.400-156.476, 157.100-157.190, 160.345
STATUTORY AUTHORITY:
KRS 156.027, 156.410, 156.433, 156.437, 156.439, 156.474, 156.476, 157.110,
157.140, 157.150, 157.160
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 156.433 and 156.439 require that administrative regulations
be promulgated to: define instructional resources; identify instructional
resources eligible for purchase with state instructional resource funds;
identify instructional resources which are subject to review before being
recommended for use; establish a procedure for the review of instructional
resources and a process for adding an instructional resource to the recommended
list; establish a method for calculating and distributing a school district's instructional
resource allocation; and design a planning instrument for each school to use in
documenting its instructional resource needs during each adoption period. This
administrative regulation establishes the standards and procedures which are
necessary to carry out the statutory requirements dealing with instructional
resources.
Section 1.
Definitions. (1) "Alternate format" is defined by KRS 156.027.
(2)
"Instructional resource" means any print, nonprint, or electronic
medium of instruction designed to assist students.
(3) "Level One" means full
compliance in that the electronic file submitted by the publisher can be
converted into any needed specialized format.
(4) "Level Three" means
marginal compliance in that the electronic file submitted by the publisher has
a marginal level of accessibility and can be converted into some specialized
formats only with significant effort or expense, and is not useable by some
students with significant sensory disabilities.
(5) "Level Two" means
provisional compliance in that the electronic file submitted by the publisher
can be converted into most specialized formats without substantial effort or
expense.
Section 2. The
content areas included in each year of the instructional resource adoption
cycle shall be:
(1) Grouped based on
the:
(a) Content areas in
the academic expectations, which are established in 703 KAR 4:060; and
(b) Commonwealth
Accountability Testing System (CATS) testing groups; and
(2) Arranged into six
(6) groups as follows:
(a) Group I -
Language Arts and Reading P-12;
(b) Group II -
Social Studies P-12;
(c) Group III -
Science P-12;
(d) Group IV -
Mathematics P-12;
(e) Group V -
Vocational Studies, including Career and Technical Education, and Practical
Living P-12; and
(f) Group VI - Arts
and Humanities P-12.
Section 3. (1) Level One. All elements
of the print version shall be provided, including graphics with appropriate ALT
tags, the file format shall be compatible with commonly used Braille
translation and speech synthesis software, and shall be readable with both text
and screen readers. The files shall be provided in XML, XHTML, or HTML format.
The use of graphic image files and other non-text elements shall require:
(a) A text equivalent for every nontext
element;
(b) Row and column headers be identified
for data tables;
(c) Markup to be used to associate data
cells and header cells for data tables that have two (2) or more logical levels
of row or column headers; and
(d) Frames to be titled with text that
facilitates frame identification and navigation.
(2) Level Two. All elements of the print
version shall be provided including graphics, though graphic descriptions shall
not be required. The file format shall be compatible with commonly used Braille
translation and speech synthesis software, and shall be readable with both text
and screen readers. Electronic files shall be in MS Word or Rich Text Format.
(3) Level Three. All elements of the
print version shall be provided including graphics, though graphic descriptions
may not be required. The file format shall be compatible with some text and
screen readers, but usability is only marginal, and the format may include
unlocked PDF. The file shall also have the following technical characteristics:
(a) A single PDF file per book, that
allows all front matter, chapters, and back matter pages to be merged into a
single PDF that is in proper page order, from front to back;
(b) All fonts shall be embedded using
Adobe Distiller;
(c) All pages may be consistently
cropped; and
(d) All images, line drawings, and other
nontext shall be included in either Web-ready resolutions or high resolution.
Section 4. (1) A vendor submitting a bid shall ship adequate and
appropriate instructional resource samples or program specifications to the
Department of Education, individual State Textbook Commission members, and to
the state review site before the beginning of the review process. All other
pertinent bid information shall be provided by the bid opening.
(2) When the review
process has been completed and the individual commission members have no
further need for samples in their possession, the samples shall be disposed of
in the following manner:
(a) Reclaimed by the
publishers; or
(b) Transferred to
local school districts, institutions of higher education, or other appropriate
agencies.
Section 5. The vendor
shall provide information about the availability of an alternative format and
the technical characteristic of the electronic file for each instructional
resource. The vendor shall identify the electronic file for the resource as
Level One, Level Two, or Level Three. Effective July 1, 2003, any publisher who
identifies the electronic file for a resource as Level Two or Level Three shall
provide the Department of Education information documenting why it is not
feasible to provide files meeting Level One compliance. The Commissioner of
Education shall determine whether the publisher has met the requirement of KRS
156.027.
Section 6. (1) Each adoption year before establishing the state list, the State
Textbook Commission shall conduct a hearing for the following purposes:
(a) Interviewing
publisher agents, representatives, and vendors of instructional resources; and
(b) Hearing any
person or organization that may have complaints or concerns about an
instructional resource being considered for listing.
(2) A party desiring
to be heard shall file with the Secretary of the State Textbook Commission a
written request two (2) weeks prior to the hearing. The request shall clearly
state:
(a) Name and address
of the person or organization requesting the hearing;
(b) Title, author,
International Standard Book Number, and copyright date of the instructional
resource in question;
(c) Sections of the
instructional resource being questioned and nature of concern;
(d) Anticipated
problems that would be created if the instructional resource is adopted; and
(e) Suggested
alternatives.
(3) One (1)
spokesperson shall represent a group or organization.
(4) The commission's
position and action shall be forwarded to the concerned parties after the state
list has been established.
Section 7. (1)(a)
The Kentucky State Textbook Commission may inquire into and ascertain if any
vendor has:
1. Violated:
a. Any provision of
Sections 3 through 16 or 19 of this administrative regulation; or
b. Any provision of
KRS 156.400 through 156.476 or 157.100 through 157.190; or
2. Used undue
influence or unethical tactics to secure bids or to assure local adoption.
(b) Undue influence
or unethical tactics shall include:
1. Unsolicited
contact by vendors or their representatives with members of the State Textbook
Commission; and
2. The buying for or
giving to State Textbook Commission members, local district personnel, or
review committee members meals, gifts, trips, or entertainment to assure the
listing, adoption, or purchase of their instructional resources.
(c) If there is
sufficient evidence that a vendor may be guilty, the vendor shall be called
before the State Textbook Commission to determine:
1. If violations did
occur; and
2. What course of
action shall be taken.
(2) A vendor
proposing to give local districts free-of-charge items such as reproducible
masters, teachers editions, workbooks, and extra textbooks, if the districts
adopt and purchase its items, shall file a list of gratis items as an official
part of its bid.
(3) In addition to
textbook sampling required under KRS 156.440, a vendor may sample gratis items
to local districts or schools for use in the adoption process. Gratis sampling
shall not be done in a manner to assure the adoption and purchase of a vendor's
instructional resources.
(4) The State
Textbook Commission may refuse to execute or may cancel a vendor contract upon
discovery that the vendor:
(a) Has violated
Sections 3 through 16 or 19 of this administrative regulation; or
(b) Does not have
the ability to perform all the terms and conditions of the contract.
(5) A bidder for
instructional resource contracts shall file with the Department of Education
the name and address of a Kentucky person, firm, or corporation upon whom
process may be served.
Section 8. A school
administrator, school council chair, or teacher shall not receive directly or
indirectly any gift, reward, or promise of a reward for his influence in
reviewing and selecting instructional resources.
Section 9. (1) An
instructional resource submitted for recommendation in Kentucky shall meet the
"Manufacturing Standards and Specifications for Textbooks", developed
and approved by the National Association of State Textbook Administrators, in
consultation with the Association of American Publishers and the Book
Manufacturer's Institute.
(2)(a) A publisher
may submit an old copyright with the official bid. A revised edition shall be
submitted before the commission hearing.
(b) A publisher may
submit a galley proof, incomplete book, or statement of intent with the
official bid. The book shall be complete and on file with the State Textbook
Commission before the date of the commission hearing.
(c) Ancillary
materials, including workbooks, electronic versions, and teacher editions,
shall be completed on or before the July 1 contract date.
Section 10.
Inaccurate information, defective workmanship, or defective material shall be
reported by school personnel to the vendor as soon as detected.
(1) A vendor shall
be held responsible for all inaccurate or defective instructional resources.
(2) Instructional
resources that show manufacturing defects in the first or second year of use
shall be replaced by the vendor on a one-for-one basis.
(3) After the first
two (2) years of use, a replacement agreement shall be negotiated between the
local district and the vendors. School districts shall start the replacement
process as soon as it has been determined that instructional resources are
inaccurate or defective.
Section 11. (1) A
request to substitute revised editions of textbooks, updated technology, or
other instructional resources under contract shall be considered at the first
regular meeting of the calendar year of the State Textbook Commission to be
held on or before May 1.
(2) Substitutions
shall not be permitted for instructional resource to be used the last year of a
contract.
(3) The vendor shall
agree to supply either the listed or the substituted item in accordance with
the local school district's request.
(4) The updated
resources shall be at the same price at which the instructional resource was
bid and the content shall be compatible for use with the previous resource.
(5) The physical
materials and workmanship of the updated resource shall be of equal or better
quality than the previous resource.
(6) Ancillary
materials for a substituted instructional resource shall be available when the
publisher submits the substitution request.
(7) Thirty (30) days
prior to the date of the commission meeting publishers shall provide a sample
of the substituted instructional resource and a list of the changes with page
numbers of the updated material or other reference data that compares it with
the instructional resource presently listed.
Section 12. The cost
for instructional resources to be used in Kentucky shall not be more than
twenty (20) percent in excess of the publisher or provider wholesale price.
Section 13. (1) The
State Textbook Commission shall direct the process for including instructional
resources used as basal programs on the state list. The commission shall
receive assistance in the review and selection of instructional resources from
professional educators and lay citizens who may serve on a contractual basis.
(2) The Commissioner
of Education shall recommend to the State Textbook Commission names of
instructional resource reviewers with knowledge about the area or areas being
considered for recommendation.
(3) The State
Textbook Commission shall:
(a) Appoint, from
the list of qualified applicants prepared by the Commissioner of Education,
twelve (12) instructional resource reviewers;
(b) Approve the
evaluative criteria and instruments of evaluation developed by the
instructional resource reviewers; and
(c) Select, approve,
and publish a list of high quality instructional resources using the
information submitted by the reviewers.
(4) The
instructional resource reviewers shall:
(a) Be comprised of
twelve (12) individuals, including classroom teachers, other educators, and
parents of children currently enrolled in school who represent a balance of
gender, grade levels, geographic, and ethnic diversity.
(b) Attend meetings
and training sessions as requested by the Department of Education;
(c) Develop and
submit to the State Textbook Commission an instrument of evaluation to be used
in reviewing instructional resources;
(d) Review
instructional resources except those that are ancillary to basal textbook programs
to determine those of high quality; and
(e) Submit to the
State Textbook Commission their recommendations for instructional resources to
be placed on the state's recommended list and shall submit the instruments used
in the evaluation process.
Section 14. (1) A
school may use state instructional resource funds for the purchase of
recommended instructional resources in any combination based on identified
pupil needs. Purchases may include the following:
(2) Instructional
resources not subject to state review but eligible for purchase shall include
the following:
(a) Reference books,
trade books, pamphlets, periodicals, and other supplemental print material for
student use;
(b) Supplementary
videotapes, slides, and recordings;
(c) Graphic
materials, transparencies, globes, maps, music material, math and science
manipulatives, calculators, and similar material;
(d) Supplementary
electronic instructional materials; and
(e) Individualized
learning programs.
(3) The following
materials and services shall not be eligible to be purchased with state
instructional resource funds:
(a) Furniture,
testing programs, supplementary supplies and workbooks, raw and blank materials
with exception of materials which are integral to the success of the original
approved program as adopted by a school or district but not to include
ancillary and gratis materials;
(b) Audio visual
equipment, major audio-visual installations such as public address systems,
sound laboratories, computers, televisions (including receiving sets and
related equipment), and other equipment; and
(c) Reproducible
master books.
Section 15. A school
with grades primary through eight (8) shall complete an annual plan identifying
purchases, including necessary replacements, to be made with instructional
resource funds according to the adoption cycle. The plan shall assure that an
instructional resource is available in a format designed to provide any reading
accommodation required for a student with an individual education program or a
student identified as needing an accommodation in a Section 504 plan. Use of an
electronic version of a text shall be limited to a student who has an
individual education program or Section 504 plan and the electronic version
shall not be used as a substitute for purchasing a hard copy. The school shall
maintain the original purchase pattern prior to access to the electronic file.
The plan may be revised.
Section 16. (1) A
pupil in grades primary through twelve (12) with impaired vision shall be
considered eligible for the use of instructional resources in clear type of
eighteen (18) to twenty-four (24) points upon certification by an eye
specialist.
(2) Certification of
pupils' visual impairment shall be made by local school districts to the
Department of Education.
(3) Request for
large print textbooks and material shall be directed to the Kentucky School for
the Blind.
(4) A local board of
education shall assume responsibility for the care of large print textbooks and
return them to the Kentucky School for the Blind when no longer needed.
(5) Large print
textbooks and instructional resources provided by the Kentucky School for the
Blind shall not be charged to the instructional resource account of the local
school.
Section 17. (1) The
Department of Education shall prepare instructional resource budgets annually
and allocate funds to local school districts, based upon the Kentucky General
Assembly biennial appropriation, for the purpose of purchasing instructional
resources during each adoption or funding cycle. The funds shall be used for
students in primary through grade eight (8), exclusively.
(2) If allocating
funds for the purchase of instructional resources, the Department of Education
shall use the pupil membership at the close of the second month of the current
school year.
(3) After receiving
a statement of funds allocated, the superintendent shall notify within thirty
(30) days the school council, or if none exists, the principal, of the
per-pupil allotment to be expended by each school.
(4) Money appropriated
in the current fiscal year shall be spent on instructional resources in that
year's adoption cycle. Money carried over to the next fiscal year may be spent
by each school on instructional resources in accordance with its plan.
Section 18. (1) A
local school district shall:
(a) Establish and
maintain an instructional resource rental program for grades nine (9) through
twelve (12); or
(b) Use local funds
to provide a free instructional resource program.
(c) Instructional
resource rental fees for pupils enrolled for less than a full school year shall
be prorated based on the number of days of membership.
(3) A local school
district shall establish and maintain accounts for the instructional resource
rental program subject to audit. The school council, or if none exists, the
principal, shall be notified regarding the school's balance.
Section 19. (1)
Instructional resources for high schools shall be labeled as property of the
Commonwealth of Kentucky. For economy in administration, the uniform label
shall be affixed by the publishers in accordance with the "Manufacturing
Standards and Specifications for Textbooks." The purchase date and the
issue date shall be recorded on the uniform label.
(2) Instructional
resource uniform labels shall not be completed until an examination of the
shipment shows that it agrees in detail with the purchase order. An
instructional resource with label completed shall be classified as used.
(3) A complete
record shall be kept by the school for all state-provided instructional
resources for grades primary through eight (8) and all instructional resources
purchased with pupil rental fees for grades nine (9) through twelve (12).
Section 20. (1)
Pupils or parents shall compensate schools for instructional resources lost,
damaged, or destroyed while in their possession.
(2) The method and
rate of compensation shall be prorated based on the number of years the
instructional resources have been in use. The total compensation charged to a
pupil or parent shall not exceed the lowest wholesale price of the initial
purchase.
(3) Funds collected
shall be credited to the school's instructional resource account.
Section 21. (1) A
local superintendent shall assume responsibility for the disposal of
instructional resources no longer suitable for classroom instruction.
(2) Funds from the
sale of the instructional resources shall be credited to the school's
instructional resource account.
Section 22. (1) A
child shall not be denied full participation in any educational program due to
an inability to purchase necessary instructional resources. A local school
district shall make available free instructional resources to all children in
grades nine (9) through twelve (12) who are unable to rent or purchase
instructional resources, using the eligibility guidelines for the free and
reduced price lunch program.
(2) A local school
district shall adopt policies and procedures so that, at the beginning of the
school year, pupils or their parents are given written notice of how to obtain
free and reduced rental instructional resources. The policies and procedures
shall also insure that any written communication regarding payment of fees for
instructional resources shall include a form that parents may use to request
waiver or partial waiver of instructional resource fees.
(3) A local district
shall keep records that include:
(a) The numbers of
pupils in grades nine (9) through twelve (12) receiving free lunches and
reduced price lunches;
(b) The number of
pupils in grades nine (9) through twelve (12) who request or apply for, or
whose parents request or apply for, free or reduced rental instructional
resources and the number of pupils receiving free or reduced rental
instructional resources; and
(c) Copies of any
forms, notices, or instructions used by schools in the collection of
instructional resource fees or the provision of free or reduced rental
instructional resources.
(4) In the provision
of instructional resources to indigent children, a child shall not be
discriminated against because of race, sex, color, national origin, age, or
disability and there shall not be an overt identification of any indigent
children.
Section 23. (1) A
public school student shall have access to necessary instructional resources
which shall be furnished free of charge in grades primary through eight (8),
and, except for students otherwise partially or wholly exempted from the rental
fee, shall have the instructional resources available for the reasonable rental
fee set forth in Section 17 of this administrative regulation for each subject
studied in grades nine (9) through twelve (12).
(2) Quantities of
instructional resources needed for each student and each classroom shall be
determined at the school level.
Section 24.
Incorporation by Reference. (1) The "Manufacturing Standards and
Specifications for Textbooks", dated August 15, 2002, is incorporated by
reference.
(2) This document
may be inspected, copied or obtained, subject to applicable copyright law, at
the Division of Extended Learning, Department of Education, 17th Floor, Capital
Plaza Tower, Frankfort, Kentucky, 40601, Monday-Friday, 8 a.m. through 4:30
p.m. (21 Ky.R. 785; eff. 1-9-95; Am. 24 Ky.R. 760; 1093; eff. 11-6-97; 29 Ky.R.
1889, 2285; eff. 3-19-03.)
