COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 631
(By Senators Plymale, Wells and Browning)
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[Originating in the Committee on Education;
reported February 26, 2010.]
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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 instructional resources; 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; modifying
limit on adoption cycles; providing for 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 regional education service agency
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 shall
substantially cover the required content and skills for the subject
as approved by the state board
of Education.
Adopted materials The
adopted resources must shall be current and
the information
shall
be presented accurately.
The adopted 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
of each year,
one thousand nine
hundred ninety-two, 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
instructional resources adoption committees may request a waiver of
the adoption cycles from the state board. Software, print and
electronic magazines,
print and electronic newspapers and other
print and electronic periodicals
and other licensed or
subscription-based instructional resources 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 listing before
the end of the established contract period.
(f) 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. Vendor changes to the electronic
resources may not require the purchase of a new operating system
during the established contract period. Vendors shall continue to
provide support for the version adopted.
(g) The state board shall adopt guidelines and procedures for
updates and changes to electronic instructional resources submitted
by vendors.
§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 considered
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 also shall 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 $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.
(c) 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 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 the
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 adoption.
§18-2A-3. Disposition of and requests for samples.
Sample (a) Items to be reviewed in excess of the official
sample submitted to the state board for examination shall remain
the property of the vendor submitting them if claimed within thirty
days after
state board adoption of the multiple list. If not
claimed within that period, the items may be sold by the state
board and the money credited to the
general school fund Department
of Education Instructional Resources Fund or items may be
distributed to state
operated educational agencies.
(b) Sample items submitted to county boards
of education or
regional education service agency selection committee members
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 materials have been formally
adopted. Unclaimed items may be distributed free of charge by the
respective
Board of Education county board or regional educational
service agency or local education agency to any school, library or
individual who may have need for the sample items.
(c) Vendors claiming samples within the thirty-day period
shall notify the respective board of education 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 is the duty of the state board to
furnish contracts for the selected items with the vendors within
thirty days of the approval and adoption of the multiple list,
prepare a list of the adopted
items 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 make the list available through a page on
the West Virginia Department of Education web page. Such The
contract 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 West Virginia
Department of Education 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 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 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 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, 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 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 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 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 resource selection team will provide
recommendations to each county superintendent for consideration,
review and adoption by each county board.
(d) Districts adopting electronic instructional resources shall
ensure equity of access for all students at school and hall 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 instructional resources adopted
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 resources 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, 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 prevents the use of
supplementary
books, instructional materials, or learning
technologies instructional resources, print or electronic, provided
they do not displace the adopted
items resources, nor the use of
more advanced items 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 or electronic instructional resources that
are not web-based, or any combination thereof, to counties and
schools.
§18-2A-8. Instructional resources must be approved and listed;
when changes may be effected; rules.
(a) No
textbook, instructional materials, or learning
technologies shall instructional resource, 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 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 to meet the
needs of specific children which were not provided for in the
original adoption, or waive the requirement to adopt and
utilize use
items 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 that are needed from time to time.
(b) The state board
of Education is authorized to may grant
permission to county boards
of education for the continued use of
previously adopted
items 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.
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