(a) The commissioner of education shall review all instructional materials submitted for consideration for adoption. The commissioner's review shall include the following:
  (1) all information provided in the review panel's report required by §66.1019(b)(5) of this title (relating to Instructional Materials Review Panels: Training, Duties, and Conduct);
  (2) compliance with applicable manufacturing standards and specifications and, if applicable, technical requirements of the Rehabilitation Act, §508;
  (3) the results of the audit required by §66.1014(a)(3) of this title (relating to Requirements for Publisher Participation); and
  (4) prices of instructional materials submitted for adoption.
(b) Based on the review specified in subsection (a) of this section, the commissioner shall make a final decision regarding the instructional materials that will be placed on the adopted list and made available for schools. The commissioner shall establish a schedule and procedure for one opportunity for a publisher to appeal the decision.
(c) The commissioner may allow a publisher to withdraw from the adoption process at any time prior to the adoption date specified in the schedule of adoption procedures.
(d) The decision by the commissioner regarding the adoption or non-adoption of instructional materials submitted for inclusion on the commissioner's adopted list is final and may not be appealed.

Source Note: The provisions of this §66.1031 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405