WEST virginia Legislature
2017 regular session
By
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to the Committee on Education.
A BILL to amend the Code
of West Virginia, 1931, as amended; by adding thereto a new section, designated
§18-2A-10, relating to the adoption of instructional resources for use in the
public schools; providing for transition to new provisions for instructional
resources adoption; defining instructional resources; requiring state board
policy on required criteria included in instructional resources and requiring
resources adopted to substantially cover; requiring pricing statement to be
filed with state superintendent by person, firm or corporation desiring to sell
instructional resources; prohibiting adoption or use unless of person firm or
corporation not complying; disqualification of person, firm or corporation for
failure to honor terms of filing; supplementary resources exempted; provisions
for furnishing necessary instructional resources to students; requiring county
board policy on instructional resources adoption and specifying minim provisions;
and prohibiting board of education member or employee from acting as sales
agents for person, firm or corporation filing statement with superintendent.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended, by adding thereto a new section,
designated §18-2A-10, to read as follows:
ARTICLE 2A. ADOPTION OF TEXTBOOKS,
INSTRUCTIONAL MATERIALS AND LEARNING TECHNOLOGIES resources.
§18-2A-10. Transition to system of instructional
resources adoption at county board level.
(a) The purpose of this
section is to provide for a transition to the county board level of the process
for review and adoption of instructional resources required to be used in the
schools under the jurisdiction of the county board. Notwithstanding any other
provision of this article to the contrary, for instructional resources adopted
by a county board for use in the school year beginning July 1, 2018, and
successive school years, the provisions of sections one, two, three, four,
five, six, seven and eight of this article are null and void to the extent that
they are in conflict with the provisions of this section: Provided, That nothing in this limits or prevents a county board
from adopting instructional resources approved and included on the state
multiple list under those provisions for the duration of the adoption cycle if
they choose to do so.
(b) As used in this
section, “instructional resources” means print materials, electronic resources
and systems, or combinations of such instructional resources which convey
information to a student that substantially covers the required content and
skills approved by the state board for subjects taught in the public schools of
the state.
(c) Instructional
resources adopted by a county board shall substantially cover the required
content and skills for the subject as approved by the state board. The state
board shall establish a policy setting forth the criteria required to be
included in instructional resources adopted by county boards.
(d) Any person, firm or
corporation desiring to offer instructional resources for use by students in
the public schools of West Virginia shall, before the instructional resources
may be adopted and purchased by any county board, file with the state
superintendent, on or before January 1 of each year, a statement that the list
wholesale price to county boards in West Virginia will be no more than the
lowest list wholesale price available to school districts in any other state.
In addition, the statement shall include all of the following additional
conditions:
(1) For textbooks
published before August 18, 2006, the wholesale price of an electronic file
that contains the text of the textbook in rich text format, or another
electronic format approved by the superintendent of public instruction, for
translating the text of the textbook into braille;
(2) For textbooks
published on or after August 18, 2006, the wholesale price of an electronic
file that contains the text of the textbook, and of all instructional materials
the publisher offers with the textbook, in the National Instructional Materials
Accessibility Standard (NIMAS) code for translating the text of the entire
textbook into NIMAS-approved formats, including braille, audio, digital text,
or large print; and
(3) The list wholesale
price filed for any specified number of electronic files described in
subdivisions (1) and (2) of this section for the textbook and instructional
materials the publisher offers with the textbook does not exceed the list
wholesale price for the same number of the printed version of the textbook and
materials.
(e) A county board may
not adopt or cause to be used in the public schools any instructional resource
unless the person, firm or corporation offering the instructional resource for
adoption or use has complied with this section, except for the adoption of
instructional resources approved and included on the state multiple list as
provided in subsection (a) of this section.
(f) If a person, firm or
corporation files a statement under subsection (d) of this section and fails or
refuses to furnish the instructional resources to any county board in
accordance with the terms provided in the statement, the board at once shall
notify the state superintendent of the failure or refusal. If the state
superintendent finds the failure or refusal to be true, the state
superintendent shall disqualify the person, firm or corporation and notify each
county board that its instructional resources may not thereafter be adopted and
purchased by any county board until the person, firm or corporation is
requalified.
(g) This section does
not apply to the purchase of supplementary instructional resources, including,
but not limited to, reading books, library books, reference books, or any other
books, that are not required and adopted by the county board. These
supplementary instructional resources shall be ordered, received, examined, and
paid for in the same manner and by the same persons as other supplies and
equipment.
(h) Each county board
shall furnish, free of charge, the necessary instructional resources to the
students attending the public schools in that county. A county board that
chooses to furnish electronic instructional resources to its students shall
provide reasonable access to the electronic resources and necessary computer
equipment to students required to complete homework assignments that require
using the resources and equipment and to teachers providing these homework
assignments. All instructional resources furnished as provided in this section
shall be the property of the county board and loaned to students on terms as
each board prescribes.
(i) Every county board
shall adopt a policy regarding the adoption of instructional resources which
shall include, at a minimum, the following:
(1) The process for
reviewing instructional resources;
(2) The composition,
duties and responsibilities of the county’s instructional resource review
committee;
(3) The process for recommending
instructional resources that are proposed for adoption; and
(4) At any regular
meeting, the county board shall determine by a majority vote of all members
elected which instructional resources shall be required in the schools under
its control.
(j) A board of education
member or employee may not act as sales agent, either directly or indirectly,
for any person, firm, or corporation that files an instructional resources
statement with the state superintendent.
NOTE: The purpose of this bill is
to provide a transition to the county board of education level of the process
for review and adoption of instructional resources required to be used in the
schools under the jurisdiction of the county board.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.