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Introduced Version House Bill 4349 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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