(a) Each publisher is required to have adopted instructional materials in stock and available for distribution to school districts throughout the entire adoption period. A back order is defined as adopted instructional material not in stock when ordered and not available for delivery to school districts or open-enrollment charter schools on the specified shipment date. Upon request, the commissioner of education shall report the number of back-ordered materials by publisher to the State Board of Education (SBOE).     
      (b) Each publisher shall guarantee delivery of instructional materials at least ten business days before the opening day of school of the year for which the instructional materials are ordered if the instructional materials have been ordered by a date specified in the publisher's contract with the Texas Education Agency.     
      (c) Each publisher with instructional materials on back order shall notify affected school districts of the expected ship dates for each title on back order.     
     Source Note:        The provisions of this §66.73 adopted to be effective May 5, 2016, 41 TexReg 3137