The purpose of this new rule is to prescribe the procedures governing the adoption of instructional materials for use by Florida school districts. The effect is a clear process relating to the adoption of instructional materials.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-7.0710: Instructional Materials Policies and Procedures
PURPOSE AND EFFECT: The purpose of this new rule is to prescribe the procedures governing the adoption of instructional materials for use by Florida school districts. The effect is a clear process relating to the adoption of instructional materials.
SUMMARY: The rule prescribes the policies, procedures, and specifications for submission and review of instructional materials for adoption by the Commissioner of Education. The effect is a clear process relating to the adoption of instructional materials.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02(1), 1006.34(1) FS.
LAW IMPLEMENTED: 1006.29, 1006.30, 1006.31, 1006.32, 1006.33, 1006.34, 1006.36, 1006.38 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 15, 2011, 9:00 a.m.
PLACE: Andrew Jackson High School, 3816 N. Main St., Jacksonville, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor for Curriculum, Instruction, and Student Services, Department of Education, 325 West Gaines Street, Suite 1502, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-7.0710 Instructional Materials Policies and Procedures.

(1) The policies and procedures for state adoption of instructional materials are prescribed in “Policies and Procedures for the Florida Instructional Materials Adoption 2011,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-00244) which is hereby incorporated by reference in this rule. The specifications for instructional materials for 2011-2012 adoption of Social Studies instructional materials are prescribed in “2010 Social Studies Specifications for the 2011-2012 Florida State Adoption of Instructional Materials,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-00245) which is hereby incorporated by reference in this rule. These documents may be found at http://www.fldoe.org/bii/instruct_mat or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(2) Publishers and manufacturers of instructional materials. The following forms shall be submitted by instructional materials publishers or manufacturers when proposing instructional materials for adoption and are hereby incorporated by reference in this rule. These forms may be found at http://www.fldoe.org/bii/instruct_mat or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(a) Form IM1, 2011-2012 Florida Instructional Materials Adoption Publisher’s Questionnaire (http://www.flrules.org/Gateway/reference.asp?No=Ref-00609).

(b) Form IM2, Correlation, Florida Department of Education, Instructional Materials Correlation Course Standards (http://www.flrules.org/Gateway/reference.asp?No=Ref-00610).

(c) Form IM3, State of Florida, Instructional Materials Bid, List of Intent(s) to Bid (http://www.flrules.org/Gateway/reference.asp?No=Ref-00611).

(d) Form IM4, Bid Form (Detailed), Florida Department of Education, Contract Period: 201X-201X (http://www.flrules.org/Gateway/reference.asp?No=Ref-00612).

(e) Form IM5, State of Florida, Instructional Materials Bid Signature Sheet (http://www.flrules.org/Gateway/reference.asp?No=Ref-00613).

(f) Form IM6, Acknowledgement of Publisher for the 201X-201X, State Instructional Materials Adoption (http://www.flrules.org/Gateway/reference.asp?No=Ref-00614).

(g) Form IM7, Instructional Materials Publisher Registration and Online Bid Process (http://www.flrules.org/Gateway/reference.asp?No=Ref-00615).

(3) The Manufacturing Standards and Specifications for Textbooks (“MSST”), 2009 Revised Edition, are the official minimum standards and specifications for the physical construction of instructional materials. The MSST, developed by the National Association of State Textbook Administrators (NASTA), are hereby incorporated by reference in this rule and are available through the Advisory Commission on Textbook Specifications, Two Armand Drive, Suite 1B, Palm Coast, FL 32317-2612, www.nasta.org. Form B, State of Florida, Statement of Publisher Submitting Books for Adoption, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00616), and Form M, State of Florida, Statement of Publisher Submitting Electronic Media for Adoption, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00617), are hereby incorporated by reference in this rule. These forms may be accessed by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(4) State instructional materials reviewers and school district reviewers.

(a) The Affidavit of State Instructional Materials Reviewers (Reviewer), Form IM8, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00618) shall be completed by state instructional materials reviewers. This form is hereby incorporated by reference in this rule, and may be found at http://www.fldoe.org/bii/instruct_mat or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

(b) Both state instructional materials reviewers and school district reviewers shall utilize the online instructional materials evaluation instrument in evaluating instructional materials submitted for adoption. The evaluation instrument, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00619), Form IMEI-01, Instructional Materials Review Evaluation Instrument, is hereby incorporated by reference in this rule, and may be found at http://www.fldoe.org/bii/instruct_mat or by contacting the Department of Education, 325 West Gaines Street, Room 424, Tallahassee, Florida 32399.

Rulemaking Authority 1001.02(1), 1006.34(1) FS. Law Implemented 1006.29, 1006.30, 1006.31, 1006.32, 1006.33, 1006.34, 1006.36, 1006.38 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Grego, Interim Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 27, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 3, 2010