Textbooks selected for use in the public schools shall be furnished without cost to the students attending those schools. All textbooks purchased in accordance with Education Code Chapter 31 are the property of the state of Texas. Education Code 31.001, 31.102(a)
The Board may delegate the power to requisition, distribute, and manage the inventory of books, consistent with Education Code Chapter 31. Education Code 31.104(a)
Not later than the seventh day after the first school day in April, each principal shall report the maximum attendance for the School to the Superintendent. Not later than April 25, the Superintendent shall report the School's maximum attendance to the Commissioner of Education. Requisitions for textbooks for the following school year shall be based on the maximum attendance reports, plus an additional ten percent; except as otherwise provided, and shall be made no later than June 1 of each year. The School may requisition textbooks for grades above the grade level in which a student is enrolled, except that the total quantity requisitioned may not exceed the above limit. Education Code 31.103; 19 TAC 66.104(l)
Once instructional materials have been requisitioned and delivered, including nonadopted materials, the School shall continue to use those instructional materials during the contract period or periods of the materials. The School may not return copies of one title to secure copies of another title in the same subject. 19 TAC 66.104(f)(j)
The Board, as legal custodian of the textbooks used in the School, shall distribute books to students as it may deem most effective and economical. Education Code 31.102(c)
When placing orders for instructional materials, the School shall report enrollments as follows: (1) Annual orders for instructional materials: enrollments shall be reported based on the maximum number of students enrolled in the School during the previous school year and/or registered to attend the School during the next school year; and (2) Supplemental orders for instructional materials: enrollments shall be reported based on the actual number of students enrolled in the School when the order is submitted. 19 TAC 66.107(d)
If the School does not have a sufficient number of copies of a textbook for use during the following school year, and a sufficient number of additional copies will not be available from the depository or the publisher within the time specified at TIME FOR DELIVERY, a district is entitled to:
Education Code 31.1031
At the time an order for textbooks is acknowledged, a publisher or manufacturer shall provide to the School an accurate shipping date for textbooks that are back-ordered, and shall guarantee delivery of textbooks at least ten business days before the opening day of the school year for which the textbooks are ordered if they are ordered by a date specified in the sales contract. Education Code 31.151(a)(7)-(8)
After the beginning of every school year, the School shall determine if it has surplus instructional materials for any subject area/grade level, based on its current enrollment for the subject area/grade level. In accordance with the Educational Materials and Textbooks (EMAT) online ordering system, surplus is defined as follows:
For courses that use textbooks that are in the first year of adoption, any textbook in excess of 110 percent of enrollment shall be considered surplus. For courses that use textbooks that are in the second or later years of adoption, any textbook in excess of 120 percent of enrollment shall be considered surplus. Overages that exceed these definitions should be entered into the EMAT Online Adjust Surplus Screen, except that instructional materials that are needed for the following school year are not considered surplus and should not be entered into the Adjust Surplus Screen. Instructional materials determined by the School to be surplus-to-quota shall be reported to TEA by October 1 of each year in accordance with instructions provided by TEA. The School is entitled to retain surplus-to-quota instructional materials only when data approved by TEA indicate that students will be enrolled in the subject and a need for the surplus-to-quota instructional materials exists. 19 TAC 66.107(c)
If the School orders instructional material in excess of its eligibility by reporting enrollments exceeding those described above, the School enters into a contract with the state to purchase the instructional materials supplied that exceed a district's eligibility for the subject area/grade level. The School may cancel the contract to purchase the excess instructional materials by immediately returning them to the State Textbook Depository or, with prior approval, to the publisher's approved depository. If the School retains excess instructional materials for more than six months after the beginning of the school year, the School shall reimburse the state at full price for the materials. 19 TAC 66.107(e)
The School may requisition a supplemental textbook only if the School:
Uses textbook credits received under Education Code 31.1011 to purchase the supplemental textbook; or
Instead of requisitioning a textbook on the conforming list under Education Code 31.023 for a course in the foundation curriculum under Education Code 28.002, requisitions the supplemental textbook along with other supplemental textbooks or textbooks on the nonconforming list under Education Code 31.023 that in combination cover each element of the essential knowledge and skills for the course for which the district or school is requisitioning the supplemental textbooks. Education Code 31.035(d)
If the total cost for the supplemental textbooks requisitioned by the School under Education Code 31.035(d)(2) for a course is greater than the limit on the cost under Education Code 31.025(a) for a single textbook on the conforming list for the course, the School may apply credits received under Education Code 31.1011 toward the difference for the supplemental textbooks.
If the School requisitions supplemental textbooks under Education Code 31.035(d)(2), the School shall certify to the agency that the supplemental textbooks, in combination with any other textbooks or supplemental textbooks used by the School, cover the essential knowledge and skills identified under Education Code 28.002 by the State Board of Education for the subject and grade level for which the School is requisitioning the supplemental textbooks. Education Code 31.035(e), (f)
Adopted instructional materials shall be supplied to a student in special education classes as appropriate to the level of the student's ability and without regard to the grade for which the instructional material is adopted, or the grade in which the student is enrolled. 19 TAC 66.104(e)
All textbooks shall state that the book is the property of, or is licensed to the State. Books, other than electronic textbooks, must be covered by the student under the direction of the teacher. Books must be returned to the teacher at the end of the school year, or when the student withdraws from school. Education Code 31.104(c)
Each student, or his/her parent, or guardian, shall be responsible for all books not returned by the student, and any student failing to return all books shall forfeit his/her right to free textbooks until the books previously issued but not returned are paid for by the parent or guardian.
Under circumstances determined by the Board, the School may waive, or reduce, the payment required if the student is from a low income family. The School shall allow students to use textbooks at school during each school day.
If a book is not returned and payment is not made, the School may withhold the student's records, but shall not prevent the student from graduating, participating in a graduation ceremony, or receiving a diploma. However, in accordance with policies FL and GBA, students have a right to copies of any and all School records that pertain to them.
Education Code 31.104(c) (d); 20 U.S.C. 1232g; Gov't Code 552.114(b),(2)
The Board may sell books, other than electronic textbooks, to students, or their parents, at the state contract price. All money accruing from the sale of textbooks shall be forwarded to the commissioner of education, as directed, and deposited in the state textbook fund. Education Code 31.105
The School shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by, and delivered to the School. The results of the inventory shall be recorded in the School's files. Reimbursement and/or replacement shall be made for all instructional materials determined to be lost during the physical inventory. 19 TAC 66.107(a)
The Board may not require an employee of the School to pay for a textbook or instructional technology that is stolen, misplaced or not returned by a student. Education Code 31.104(e)
The School shall not be reimbursed from state funds for expenses incurred in local handling of textbooks. 19 TAC 66.104 [See BBFA and DBD]
The School may retain out-of-adoption instructional materials.
The 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 Department of Corrections, 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 organizations making such requests shall be responsible for transporting the textbooks.
After all efforts to donate out-of-adoption instructional materials (other than electronic instructional materials) to organizations listed above have been exhausted, the School may donate those materials for recycling locally. Recycling means removing the bindings and shredding the textbooks for the purpose of producing new products from the processed materials.
Under no circumstances shall the School sell out-of-adoption instructional materials.
19 TAC 66.131
Adopted: 10/25/85
Amended: 9/22/89, 9/27/90, 9/27/91, 3/27/92, 5/27/93, 5/26/94, 11/14/97, 1/31/03, 4/1/05, 11/16/07
Reviewed: