H. B. 4349
(By Delegates M. Poling and Duke)
[By Request of the Department Of Education]
[Introduced February 4, 2010; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact
§18-2A-1
,
§18-2A-2, §18-2A-3, §18-2A-4,
§18-2A-5, §18-2A-6,
§18-2A-7,
§18-2A-8 and
§18-2A-9
of the
Code of West Virginia, 1931, as amended, all relating
generally to updating terms and the process for approval and
adoption of instructional resources in public schools;
replacing the terms "textbooks," "instructional materials" and
"learning technologies" with "instructional resources" and
modifying affected code provisions accordingly; providing
approval for adoption cycles and listing of instructional
resources on the state multiple list; requiring a method for
review and adding new and substantially revised resources to
the multiple list; providing for county waivers of adoption
cycles; providing method for counties to select new or
different resource before end of a contract period; providing a method for vendor update of resources; revising the bidding,
selection and approval process; permitting the multiple list
to be published in an electronic format; requiring contracts
to be filed pursuant to the state board process; providing for
review of electronic instructional resources; providing for
RESA level selection teams; and ensuring equity of access to
electronic instructional resources for all students.
Be it enacted by the Legislature of West Virginia:
That
§18-2A-1
,
§18-2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-
6,
§18-2A-7,
§18-2A-8 and
§18-2A-9
of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2A. ADOPTION OF INSTRUCTIONAL RESOURCES.
§18-2A-1. Definition; adoption groups; adoption schedule.
"Textbooks" includes books, instructional materials and
learning technologies. "Instructional materials" means and
includes systems of instructional materials, or combinations of
books and supplementary materials which convey information to the
pupil. "Learning technologies" include, but are not limited to,
applications using computer software, computer assisted
instruction, interactive videodisc; other computer courseware and
magnetic media.
(a) "Instructional Resources" include print materials,
electronic resources and systems, or combinations of such instructional resources which convey information to the pupil.
Textbooks adopted (b) Instructional resources approved for
adoption and listed on the state multiple list must substantially
cover the required content and skills for the subject as approved
by the state board of Education. Adopted materials The resources
must be current and the information presented accurately. The
resources may consist of a single resource, print or electronic, or
a compilation of resources, print or electronic, that together
cover the required criteria established for approval as a primary
instructional resource. The resources may be updated or otherwise
changed and improved on an ongoing basis to ensure that they are
current and accurate.
(c) On or before July 1, one thousand nine hundred ninety-two,
annually, the state board of Education shall classify the
elementary and secondary school subjects required to be taught in
the schools of our state into adoption groups by related subject
fields as nearly as possible. A schedule for the periods of
adoption, not to exceed six years, shall be determined by the state
board. of Education: Provided, That However, during the school
year beginning on July 1, 2010, the state board shall develop a
method by which newly developed and substantially revised
instructional materials submitted by vendors or available as open
resources may be reviewed for compliance with established criteria. When an instructional resource is found to be in compliance with
established criteria, it may be added to the official multiple list
and thereafter be available for adoption by a county board. County
board instructional resources adoption committees may request from
the state board a waiver of the adoption cycles. Software, print
and electronic magazines, print and electronic newspapers and other
print and electronic periodicals may be purchased by a county board
of education for classroom use to supplement those items adopted on
the state multiple list without having to comply with the adoption
procedures provided in this article. Provided, however, That
(d) Software, print and electronic magazines, print and
electronic newspapers and print and electronic periodicals are
considered to be textbooks instructional resources for purposes of
special excess levies subject to the provisions of section sixteen,
article eight, chapter eleven of this code when the described
purpose under that section is for textbooks or instructional
resources
. The state adoption cycle as to science and health
textbooks shall not exceed six years and the adoption cycle as to
all other textbooks shall not exceed eight years: Provided
further, That the county textbook adoption committees may request
a waiver of the maximum adoption cycles from the state Board of
Education: And provided further, That during the school year
beginning on July 1, one thousand nine hundred ninety-three, the
state Board of Education shall make additional adoptions only in the subject of science, and if the county boards of education make
additional adoptions and purchases, then those county boards may
make purchases only in the subjects of science and health.
(e) A county board that selects an electronic instructional
resource may, subject to the approval by the state board of its
request to do so, choose not to renew that option before the end of
the established contract period and select a new or different
instructional resource from the official multiple list.
(f) The state board shall adopt guidelines and procedures for
updates and changes to electronic instructional resources submitted
by vendors subject to the following:
(1) The vendor of an adopted electronic resource, after notice
of explanation to the state board, may offer an update to the
navigational features or management system, or both, related to the
learning technology and may update the content of the learning
technology as needed to accurately reflect current knowledge or
information without change;
(2) Vendor changes to the electronic resources should not
require the purchase of a new operating system during the
established contract period; and
(3) Vendors will continue to provide support for the version
adopted.
§18-2A-2. Request for samples and bids; deposit by bidder;
selection, approval and publication of multiple list.
(a) Prior to each adoption year, and not later than August 1,
the state board by written request or otherwise shall ask the
various vendors of textbooks, instructional materials resources,
print or electronic, learning technologies or any combination
thereof, to submit samples and prices on items deemed appropriate
by the state board of Education to teach the curriculum in the
public elementary and secondary schools of the state for the
current adoption period. The state board will also accept for
consideration newly developed and substantially revised
instructional resources for content areas not in the current
adoption cycle.
(b) All bids or proposals shall be under seal, and each bidder
shall deposit in the State Treasury such sum of money as the state
board may designate, such deposit to be not less than one $1,000,
and not more than $3,000 and such deposit shall be forfeited to the
general school fund if such bidder shall fail or refuse to make and
execute such contract and bond as are herein required in case of
acceptance of all or part of the vendor's bid, and otherwise shall
be returned to such bidder after the contract has been made. The
state board of Education reserves the right to set the sum of money
a vendor is required to deposit in the State Treasury upon
submitting a bid: Provided, That the vendor has a previous history
of failure or refusal to execute contracts or bonds with the State of West Virginia. The state board may set and collect review fees
from publishers and vendors participating in the state
instructional resources approval and adoption process.
All bids shall be opened by the state board, or its designee,
in public session. After considering the subject matter, product
quality, general suitableness, and prices of items submitted, the
state board shall, prior to March 1 of each year in which approval
for adoptions are made by the state Board of Education it,
establish a committee of teachers and other educational
specialists, including a sufficient number with experience with
electronic instructional resources, and with the aid of said
committee, shall on or before December 1, prior to county
adoptions, select, approve and publish a list of items in each
subject and grade in the elementary and secondary subjects required
to be taught by said the state board. The committee of teachers
and other educational specialists shall report their
recommendations to the state board on or before November 15, of the
year preceding the adoption by the county board. The state board
may create a standing committee of teachers and other education
specialists, including a sufficient number with experience with
electronic instructional resources, for each subject and grade
level to review all new or revised instructional resources
submitted after the initial approval and adoption process.
§18-2A-3. Disposition of and requests for samples.
Sample items (a) Items to be reviewed in excess of the
official sample submitted to the state board, or its designee, for
examination shall remain the property of the vendor submitting them
if claimed within thirty days after approved for adoption of by the
state board
and listed on the multiple list. If not claimed within
that period, the items may be sold by the state board, or its
designee, and the money credited to the general school fund account
of Department of Education for instructional resources or the
items may be distributed to state operated educational agencies.
(b) Sample items submitted to county boards of education or
regional education service agency selection committees remain the
property of the vendor submitting them if claimed within thirty
days after the county board of education has formally adopted its
items instructional resources have been formally adopted by the
county board or regional agency. Unclaimed items may be
distributed free of charge by the respective Board of Education
county board or regional agency to any school, library or
individual who may have need for the sample items.
(c) Vendors claiming To claim samples within the thirty-day
period as provided in subsections (a) and (b) of this section
vendors shall notify the respective state or county board of
education or regional education service agency at the time samples
are submitted for study of their intent to recall the samples. All
costs shall be borne by the vendors.
(d) No county or regional education service agency adoption
committee is entitled to request or receive more than eight free
samples of any multigrade program being considered for adoption.
Any single grade level subject area items used above grade six
shall be limited to five free samples per county selection
committee. Any individual requesting samples in excess of these
limits shall be billed by the vendor at the lowest wholesale price
plus shipping. In the case of electronic instructional resources,
it is sufficient for vendors to provide access for the purpose of
reviewing the resources via a user name and password to a web-based
resource or through on-line file transfer or download.
§18-2A-4. Execution of contracts; bond.
(a) When the selection and approval of the multiple list have
been properly made, it shall be the duty of the state board to:
(1) Furnish contracts for the selected items instructional
resources with the vendors within thirty days of the approval and
adoption of the multiple list;
(2) Prepare a list of the adopted items instructional
resources on the multiple list and publish same, and send a copy to
each county superintendent and vendors who submitted bids for the
particular adoption group not later than January fifteenth of the
year of the county adoption it in electronic format; and
(3) Make the list available through a page on the West
Virginia Department of Education web page.
Such The contracts for adoption shall run for a period of time
as designated by the State Board of Education.
(b) Each vendor awarded a contract by the state board, or its
designee, shall enter into a bond payable to the State of West
Virginia in the penal sum of not less than $2,000 and not more than
$10,000 to be approved by the state board of public works. The
bond shall such bond to be executed as surety by some a responsible
surety company authorized to carry on its business in West
Virginia. Such The contract shall be prepared by the Attorney
General in accordance with the terms and provisions of this
article. Such The contract shall be executed in triplicate, one
copy to be held by the vendor, one by the state board of Education
and one attached to the bond filed with the board of public works.
(c) Bonds required of successful vendors shall provide that:
(a) (1) The vendor will furnish any of the items instructional
resources on the multiple list under vendors contract for the
period of the adoption, from the date of the bond, to any county
school unit, a dealer appointed by the county, or any state board
approved depository or depositories as defined in section seven of
this article, at the lowest wholesale price contained in the bids
or contracts made to any other county school unit, dealer, county,
school or depository in any other state, like conditions
prevailing. The state board shall determine, from time to time,
the terms of the bids and contracts and may require the vendor to bear the costs of shipping, mail or transportation or offer any
other financial benefit available in the highest amount paid by a
vendor to any other county school unit, dealer, county or
depository in any other state: Provided, That the state board of
Education shall decide whether from time to time bids and contracts
for textbooks, instructional materials and learning technologies or
any combination thereof instructional resources are to be for the
delivery directly to each county school unit, dealer appointed by
the county, county or to each depository or depositories, or any
combination thereof, under this section.
(b) (2) The vendor will automatically reduce such the prices
in West Virginia when prices are reduced anywhere in the United
States, so that no such item or items instructional resources
shall
at any time be sold in West Virginia at a higher wholesale price
than received for items elsewhere in the United States, like
conditions prevailing.
(c) (3) All items instructional resources
sold in West
Virginia will be identical with the official samples filed with
submitted to the state board of Education as regards quality
standards, specifications, subject matter, and other particulars
which may affect the value of the items. The state board of
Education may, however, during the period of the contract approve
revised editions of adopted items instructional resources
, which
will authorize a vendor to furnish such revisions. All contracts and bonds shall be filed in accordance with the board of public
works appropriate state board process prior to July 1.
§18-2A-5. Selection by county boards; school curriculum teams.
(a) Vendors, upon requests of county superintendents, shall
furnish to county boards of education the requested sample copies
of items instructional resources that were selected and placed on
the state multiple list by the state board of Education in
accordance with the provisions of section three of this article.
In the case of electronic instructional resources, it is sufficient
for vendors to provide access for the purpose of reviewing the
resources via a web-hosted online format.
(b) School curriculum teams shall make their curriculum and
instructional needs known to the county superintendent and
selection committees prior to the consideration of any adopted
grouping in accordance with the provisions of section three of this
article. The county board of education shall, upon recommendation
of the county superintendent with the aid of a committee of
teachers and not later than May 1 of the year following that in
which the multiple list for the group was made and approved, select
from the state multiple list one or more items instructional
resources to deliver instruction for a period as provided for
elsewhere in this article. Counties are authorized to include
nonvoting advisors from the general public in the adoption process,
but shall require advisors to provide their assessment of the items instructional resources appropriate for the subject before the
voting committee commences the selection process.
(c) In order to avoid duplication and to maximize resources,
with agreement of all county superintendents within a regional
education service agency area and subsequent regional education
service agency actions, a regional education service agency
instructional resources selection team may be established to
conduct a review of selected resources placed on the state multiple
list by the state board. The membership of the selection team will
be established through agreement of the county superintendents with
representation of all counties, including any nonvoting advisors
from the general public. The selection team will provide
recommendations to each county superintendent for consideration,
review and adoption by each county board.
(d) County boards adopting electronic instructional resources
must ensure equity of access for all students at school and must
have a plan to provide equity of access at home if necessary
through alternate avenues including, but not limited to, print,
software, and hardware support.
§18-2A-6. Retail prices; limitation on profit; violation; penalty.
It shall be the duty of the state board of Education to fix
prices at which the various books adopted instructional resources
on the state multiple list shall be sold to patrons, the excess of
which above contract price shall represent the profit to the retailer; but in no case shall such profit exceed twenty percent of
the contract price. The state board of Education shall notify each
county superintendent of the list of books adopted instructional
resources on the state multiple list and the prices at which they
are to be sold, and any person selling such books at a higher price
than that fixed by the state board of Education shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than $10 nor more than $50.
§18-2A-7. Exchange privilege; use of supplementary items; state-
approved depositories authorized.
Contractors shall arrange for the exchange of items
instructional resources, allowing pupils or boards of education an
exchange price as liberal as granted on the same items to any city,
county, or state in the United States, like conditions prevailing.
The exchange privilege shall extend through one entire school year.
Nothing in this article is to be construed as preventing the use of
supplementary books, instructional materials, or learning
technologies instructional resources
, print or electronic, provided
they do not displace the adopted items, nor the use of more advanced
items instructional resources
in such schools as may be ready for
the same. On or before July 1, 1994 and thereafter, the State Board
of Education is authorized to approve any depository or
depositories, either public or private, to serve any county or
several counties, whose purpose includes, but is not limited to,
offering the savings and services generally associated with local distribution of textbooks, instructional materials, or learning
technologies instructional resources
, print or electronic,
or any
combination thereof, to counties and schools.
§18-2A-8. Instructional resources must be approved and listed;
when changes may be effected; rules.
No textbook, instructional materials, or learning technologies
shall instructional resources, print or electronic, may be used in
any public elementary or secondary school in West Virginia as the
primary source to deliver the instructional goals and objectives for
state required courses unless it has been approved and listed on the
state multiple list by the state board, of Education, except as
otherwise provided for in this section. Any changes of items
instructional resources
made by the state board of Education shall
become effective upon approval. The state board of Education may
upon request by a county board of education and upon justification
of that request, and subsequent to the adoption by a county board of
education, approve the adoption of additional items instructional
resources to meet the needs of specific children which were not
provided for in the original adoption, or waive the requirement to
adopt and utilize items instructional resources
in a particular
school as provided for in section six, article five-a of this
chapter. Nothing in this section shall apply to the supplementary
items instructional resources
that are needed from time to time.
The state board of Education is authorized to may grant
permission to county boards of education for the continued use of previously adopted items instructional resources
that are listed on
the most recently expired multiple list appropriate for the subject
category under consideration. The continued use shall not exceed a
period as designated by the state board. of Education. The state
board may make such rules and regulations as it may deem necessary
and expedient to carry out the provisions of this article.
§18-2A-9. Gifts and bribes to influence adoption of instructional
resources a felony; penalty.
Any member of the state board, of Education, any county
superintendent, any member of a county board of education or any
other person who shall receive, solicit, or accept any gift,
present, or thing of value to influence that individual in the vote
for the adoption of books, instructional materials or learning
technologies instructional resources
, print or electronic, or any
combination thereof, or any person who shall either directly or
indirectly give or offer to give any such gift, present, or thing of
value to any person to influence that individual in voting for the
adoption of books, instructional materials or learning technologies
instructional resources
, print or electronic
, or any combination
thereof, shall be guilty of a felony and, upon conviction thereof,
shall be punished by confinement in the penitentiary confined in a
correctional facility for not less than one year nor more than three
years.
NOTE: The purpose of this bill is to update the process for the
adoption of textbooks and other instructional material and technologies to enable county boards more flexibility in adopting
vendor updated print and electronic instructional resources. The
bill updates terms and the process for approval and adoption of
instructional resources in public schools and replaces the terms
"textbooks," "instructional materials" and "learning technologies"
with "instructional resources." The bill also modifies affected code
provisions accordingly, provides approval for adoption cycles and
listing of instructional resources on the state multiple list. The
bill requires a method for review and adding new and substantially
revised resources to the multiple list. The bill provides for county
waivers of adoption cycles and a method for counties to select new
or different resource before end of a contract period. The bill
provides a method for vendor update of resources and revises the
bidding, selection and approval process. The bill permits the
multiple list to be published in an electronic format. The bill
requires contracts to be filed pursuant to the state board process
and provides for review of electronic instructional resources. The
bill provides for RESA level selection teams and ensures equity of
access to electronic instructional resources for all students.
Strike-throughs indicate existing language that would be
removed, and underscoring indicates new language that would be
added.