(a) A publisher that intends to offer instructional materials for review shall comply with product standards and specifications.
  (1) Hard copy instructional materials adopted by the commissioner of education shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the National Advisory Commission on Textbook Specifications, as applicable. If the commissioner determines that good cause exists, the commissioner may approve an exception for a specific portion or portions of this requirement.
  (2) Materials delivered online shall meet minimum web-based standards.
  (3) A publisher that offers electronic instructional materials must provide a report for each electronic component that verifies that the component follows Web Content Accessibility (WCAG) 2.0, Level AA, standards and technical standards required by the Rehabilitation Act, §508. The report must be prepared by an independent third party and be based on an audit testing the accessibility of a random sampling of pages as outlined in each public notice of invitation. The number of pages to be audited to meet the requirements shall be determined by the publisher.
  (4) A publisher that provides access to materials to students with disabilities through an alternate format shall include a link to that material on the entrance page of the main product.
  (5) A publisher shall file a statement certifying instructional materials submitted for consideration will meet applicable product standards and specifications if adopted. Each statement must be made in a format designated by the commissioner, signed by a company official, and filed on or before the deadline specified in the schedule of adoption procedures in each public notice of invitation.
  (6) If, during the contract period, the commissioner determines that any adopted instructional materials have faulty manufacturing characteristics or are made of inferior materials, the materials shall be replaced by the publisher without cost to the state.
(b) A publisher that intends to offer instructional materials for adoption shall comply with requirements detailed in the related public notice of invitation.
(c) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the Texas Education Agency.

Source Note: The provisions of this §66.1014 adopted to be effective May 8, 2017, 42 TexReg 2405