ADMINISTRATIVE CODE

TITLE 16 - ELEMENTARY AND SECONDARY EDUCATION
SUBCHAPTER 6D - INSTRUCTION

SECTION .0200 - TEXTBOOKS

.0201 State Textbook Commission
.0202 Textbook Bids and Contracts
.0203 Disposition of Old Textbooks

History Note: Statutory Authority G.S. 115C-89;
Eff. July 1, 1986;
Repealed Eff. March 1, 1990.

.0204 TEXTBOOK ADOPTION SCHEDULE

To ensure adequate time for the evaluation of textbooks presented to the SBE for adoption for use in the public schools, the Textbook Commission, the department and the SBE shall adhere, to the extent practicable, to the following schedule on and after January 1, 1990:

1. January. The Superintendent of Public Instruction will identify for the SBE all textbook contracts scheduled to expire during the next calendar year, and recommend whether such contracts should be renewed or new textbooks adopted the following year.
   
   
2. March. The Superintendent will present for the SBE's approval a review of the curriculum requirements as prescribed in the Standard Course of Study and Competency Based Curriculum for the areas for which textbooks are scheduled to be adopted that year.
   
   
3. April. The Superintendent will present for the SBE's approval the call letter and evaluation forms prepared by the Curriculum Review Committee for the textbooks scheduled for adoption that year. The Superintendent will forward approved call letters to publishers listed on the Textbook Company Register and will forward approved evaluation forms to the Textbook Commission.
   
   
4. June. Textbook publishers will forward textbooks presented by publishers for adoption to the Textbook Commission and other recipients designated in the call letters.
   
   
5. June 15 to August 1. The Regional Textbook Evaluation Advisory Committees will evaluate textbooks under the direction of the Textbook Commission.
   
   
6. August and September. The Textbook Commission will review the recommendations of the Regional Textbook Evaluation Advisory Committees, and will prepare its recommendations to the SBE.
   
   
7. October. The Textbook Commission will present its recommendations to the SBE. The SBE will adopt textbooks.
   
   
8. November and December. Local school systems review adopted textbooks and identify textbooks to be ordered. Local school systems will place orders before March 1 of the next year.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0205 CURRICULUM REVIEW COMMITTEE

1. The Superintendent of Public Instruction shall appoint a Curriculum Review Committee to advise him about criteria to be included in each call letter to publishers requesting submission of textbooks for evaluation and adoption, and the development of forms for evaluation of textbooks presented for adoption.
   
   
2. The committee shall be organized and selected by the Superintendent of Public Instruction. The Committee should include, in addition to members of the department, representatives from local school systems, the Textbook Commission and the community.
   
   
3. The committee shall begin performing its duties at least one year before the issuance of letters to publishers calling for submission of textbooks for evaluation and adoption.
   
   
4. The committee's responsibility is to help ensure that textbooks presented for adoption are evaluated for their conformity to the Standard Course of Study and the Competency Based Curriculum, and that the textbooks adopted in fact conform to the Standard Course of Study and the Competency Based Curriculum. The committee shall develop criteria to be included in each call letter and textbook evaluation forms that reflect the requirements of the Standard Course of Study and the Competency Based Curriculum.
   
   
5. The committee shall present the criteria and forms it develops to the Superintendent of Public Instruction for review and approval, and shall then present the criteria and forms to the SBE for review and adoption.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0206 REGIONAL TEXTBOOK EVALUATION ADVISORY COMMITTEE

1. The Textbook Commission shall appoint regional textbook evaluation advisory committees for each of the State's educational districts defined in G.S. 115C-65. Members shall serve a one-year term that begins on January 1 and ends on December 31 of each year. The Textbook Commission shall fill any vacancy for the remainder of the unexpired term. Members shall serve at the pleasure of the Textbook Commission.
   
   
2. All persons appointed to these committees by the Textbook Commission shall be qualified by training and experience to evaluate textbooks for use in the public schools. In appointing these committees, the Textbook Commission shall consider the textbooks scheduled for adoption during that year, and shall ensure appointment of specialists in the content and grade levels of the areas for which textbooks are to be adopted.
   
   
3. The committees, using the evaluation forms developed by the curriculum review committee and their training and experience, assists the Textbook Commission in the evaluation of textbooks presented for adoption. Before beginning to evaluate textbooks, each member of the regional committee shall participate in a comprehensive orientation and training session approved by the Superintendent of Public Instruction and the chairman of the Textbook Commission and presented under the direction of the Superintendent.
   
   
4. Each regional committee, under the direction of a member of the Textbook Commission assigned by the chairman of the Textbook Commission, shall meet and evaluate the textbooks presented for adoption. Following these regional meetings, the chairman of the Textbook Commission will assign members of the regional committees to subject area committees. These committees, using the criteria and forms developed by the Curriculum Review Committee and approved by the SBE, shall meet, discuss and formalize their recommendations to the Textbook Commission.
   
   
5. The Superintendent will assign to members of the department the responsibility of assisting the regional committees in the performance of their duties.
   
   
6. Members of the regional committees shall perform all of their prescribed duties between June 15 and August 1 of each year at times and places designated by the chairman of the Textbook Commission. Members of the committees who are not under contract with a local school administrative unit for the period between June 15 and August 1 shall receive a salary of $100.00 per day for not more than 10 days, plus reimbursement for travel and subsistence expenses as allowed for state employees. Committee members who are under contract with a local school administrative unit between June 15 and August 1, are employed by the department, or are employed by another state agency, will receive their regular salaries and will be reimbursed for travel and subsistence expenses only.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0207 TEXTBOOK COMMISSION

1. Members of the Textbook Commission are appointed according to the provisions of G.S. 115C-87. In recommending persons for appointment to the commission, the Superintendent of Public Instruction is requested to recommend and the Governor is requested to approve the appointment of at least one member from each of the eight educational districts of the state.
   
   
2. The duties of the Textbook Commission are contained in G.S. 115C-88 and 115C-89. Commission members shall make recommendations for each textbook presented for adoption based on the requirements of the call letter for the textbook as approved by the SBE. The SBE shall prescribe the format for the commission's recommendations to the SBE for adoption of textbooks. The Superintendent of Public Instruction will assign to members of the department responsibility for assisting the Textbook Commission in the performance of its duties.
   
   
3. Before beginning to evaluate textbooks, commission members shall participate in an orientation and training session planned by the chairman of the SBE and the Superintendent and presented under the direction of the Superintendent. The Superintendent shall hold the orientation session as soon as possible after the appointment of new members to the commission or after changes in the statutes and regulations relating to textbook adoptions.
   
   
4. As prescribed in Rule .0206 of this Section, the Textbook Commission appoints the members of the regional textbook evaluation advisory committees and directs them in the performance of their duties.
   
   
5. The commission may meet with representatives of publishers to discuss the commission's plans and procedures for adoption of textbooks. At no time may the commission or any of its members meet privately with any publisher's representative.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0208 TEXTBOOK COMPANY REGISTER

1. In accordance with G.S. 115C-94, the Superintendent of Public Instruction shall maintain a register of all publishers who submit books for adoption by the SBE. The Superintendent shall prescribe the information required for registration.
   
   
2. Only registered companies will receive notice of proposed textbook adoptions by the SBE.
   
   
3. The Superintendent shall remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any kind to adopt its books upon a member of the Textbook Commission, the regional textbook evaluation advisory committees, the curriculum review committee, or the department.
   
   
4. The SBE shall direct the Superintendent of Public Instruction to remove from the Textbook Company Register any publisher whose representatives attempt to exercise undue pressure of any form upon a member of the SBE to adopt its books.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0209 REQUESTS FOR TEXTBOOKS AND CONTRACTS

1. Upon approval by the SBE, the department will send a request for textbooks, together with a proposed contract, to all publishers listed in the Textbook Company Register, requesting the submission of textbooks that conform to the requirements specified in the request and the proposed contract.
   
   
2. The SBE will adopt textbooks and award contracts based on the following criteria:
   1. recommendations of the Textbook Commission;
   2. conformity with the request for the textbooks and the proposed contract;
   3. conformity with the Standard Course of Study and Competency Based Curriculum;
   4. price; and
   5. the needs of the public schools.
      
      
3. The SBE reserves the right to reject any and all textbooks for any reason it deems sufficient.
   
   
4. Each publisher that is awarded a contract must file a performance bond. The Superintendent of Public Instruction shall determine the amount of the bond based on the costs of the textbooks, the publisher's past performances, and such other factors as the Superintendent determines to be relevant.

History Note: Statutory Authority G.S. 115C-89;
Eff. March 1, 1990.

.0210 DISPOSITION OF OLD TEXTBOOKS

LEAs may dispose of textbooks which are no longer listed on the state-adopted textbook list by sale, gift, or exchange. LEAs shall remit the proceeds of sale to the department. The department shall credit these proceeds to the LEA's textbook account.

History Note: Statutory Authority G.S. 115C-89; 115C-102(b);
Eff. March 1, 1990;
Amended Eff. August 1, 1999; June 1, 1992.