(a) The instructional materials public comment period begins when the electronic samples of materials under consideration for adoption are posted on the Texas Education Agency (TEA) website and ends 14 days prior to the meeting at which the State Board of Education (SBOE) will vote to adopt instructional materials.     
      (b) Any resident of Texas may submit written comments for, against, or about any instructional materials submitted for adoption.      
        (1) Written comments shall be submitted to the commissioner of education in a format designated by the commissioner on or before the deadlines specified in the schedule of adoption procedures.       
        (2) Alleged factual errors shall be submitted to the commissioner in a format designated by the commissioner on or before the deadlines specified in the schedule of adoption procedures.       
        (3) Copies of written comments and lists of reported alleged factual errors shall be posted on the TEA website and provided to the SBOE and participating publishers.       
      (c) The SBOE shall hold a hearing on instructional materials submitted for review during a regularly scheduled meeting prior to the meeting at which the SBOE will vote to adopt instructional materials.      
        (1) Testimony at the hearing shall be accepted from Texas residents and non-residents with priority given to Texas residents. Copies of written testimony provided at the hearing shall be distributed to SBOE members and to publishers with materials under consideration. Persons who wish to testify must register in accordance with registration procedures in the SBOE Operating Rules, §2.10 (relating to Oral Public Testimony in Connection with Regular Board and Committee Meetings). The SBOE may limit the time available for each person to testify in an effort to hear from everyone who has registered to testify. Persons will also be allowed to register to testify at the hearing, but priority will be given to those persons who registered prior to the deadline, in accordance with the SBOE Operating Rules, §2.12 (relating to Public Hearings).       
        (2) Oral responses to testimony at the hearing may be made by official representatives of publishing companies.       
        (3) An archived recording of the hearing shall be provided on the TEA website.       
        (4) All written publisher responses to comments or public testimony provided at the hearing shall be posted to the TEA website within five working days of their receipt.       
      (d) Public comment on instructional materials not adopted by the SBOE on the date specified in the schedule of adoption procedures shall be accepted according to the SBOE Operating Rules, §2.10.     
     Source Note:        The provisions of this §66.42 adopted to be effective May 5, 2013, 41 TexReg 3137; amended to be effective March 24, 2020, 45 TexReg 1989