(a) Instructional materials may be included in the evaluation of quality (EoQ) process if:      
        (1) a publisher or an open education resource (OER) licensor submits instructional materials through the EoQ submission process;       
        (2) the State Board of Education nominates an instructional material for inclusion in an EoQ; or       
        (3) more than 10% of local education agencies request in a format determined by the Texas Education Agency (TEA) that an instructional material be included in an EoQ.       
      (b) The following instructional materials may be included in the instructional materials web portal:      
        (1) instructional materials submitted by TEA; and       
        (2) OERs submitted directly to TEA through the OER submission process for inclusion in the OER repository. OER materials may not be included in the repository unless:                  (A) a publisher or other OER licensor submits such materials through the EoQ submission process;                   (B) TEA submits such materials for which TEA is the OER licensor for the purposes of being reviewed for quality; or                   (C) the materials are submitted in accordance with subsection (a)(2) or (3) of this section.         
      (c) Instructional materials included in the EoQ process shall be included in the instructional materials portal.     
      (d) TEA may determine the sequence and scheduling of quality reviews based on the following considerations:      
        (1) the availability and allocation of resources for completion of quality reviews;       
        (2) the needs of public schools in Texas;       
        (3) the timing of submission to TEA; and       
        (4) other factors deemed relevant by TEA to maximize the effectiveness of the quality review process.       
      (e) TEA may exclude from the quality review process a submission that does not constitute an instructional material.     
     Source Note:        The provisions of this §66.1403 adopted to be effective September 10, 2019, 44 TexReg 4857; amended to be effective May 31, 2020, 45 TexReg 3439