TITLE 6 PRIMARY AND SECONDARY
EDUCATION
CHAPTER 75 INSTRUCTIONAL
MATERIALS AND TECHNOLOGY
PART 2 RELATING
TO THE PUBLIC EDUCATION DEPARTMENT INSTRUCTIONAL
MATERIAL
BUREAU
6.75.2.1 ISSUING
AGENCY: Public Education Department, hereinafter the department.
[6.75.2.1 NMAC - Rp, 6.75.2.1 NMAC, 12/11/2018]
6.75.2.2 SCOPE: This
rule governs all public schools and eligible state education institutions
pursuant to Section 22-15-7 NMSA 1978.
If any part of application of this rule is held invalid, the remainder
of the rule or its application in other situations shall not be affected.
[6.75.2.2 NMAC - Rp, 6.75.2.2 NMAC, 12/11/2018]
6.75.2.3 STATUTORY
AUTHORITY: This rule is promulgated pursuant to Sections
9-24-8, 22-2-1, 22-15-4, and 22-15-8 NMSA 1978.
[6.75.2.3 NMAC - Rp, 6.75.2.3 NMAC, 12/11/2018]
6.75.2.4 DURATION:
Permanent.
[6.75.2.4 NMAC - Rp, 6.75.2.4 NMAC, 12/11/2018]
6.75.2.5 EFFECTIVE
DATE: December 11, 2018, unless a later date is
cited at the end of a section.
[6.75.2.5 NMAC - Rp, 6.75.2.5 NMAC, 12/11/2018]
6.75.2.6 OBJECTIVE: This
rule governs the procedures for the adoption, purchase, and delivery of
instructional material.
[6.75.2.6 NMAC - Rp, 6.75.2.6 NMAC, 12/11/2018]
6.75.2.7 DEFINITIONS:
A. “Adoption” means authorization by the department of core and supplementary instructional material for use in public school districts, charter schools, and state educational institutions.
B. “Adoption cycle” means the period
during which instructional material adopted by the department shall be
considered current.
C. “Core instructional material” means the
comprehensive print or digital educational material, including basal material,
which constitutes the necessary instructional components of a full academic
course of study in those subjects for which the department has adopted content
standards and benchmarks.
D. “Core subject areas” means those subject
areas for which the department has adopted content standards and benchmarks.
E. “Depository” means an entity approved
by the department that represents providers for the purpose of managing
district or school instructional material orders. Responsibilities of the depository include:
(1) accounting;
(2) acquisition;
(3) storage;
(4) distribution; and
(5) disposition of adopted instructional material.
F. “In-adoption” means currently adopted
instructional material that is approved by the department, and included on the
multiple list.
G. “Instructional material” means school
textbooks and other educational media that are used as the basis for
instruction, including combinations of textbooks, learning kits, supplementary
material and electronic media.
H. “Instructional material manual” means
written guidance issued and updated by the department that outlines detailed
requirements and procedures related to instructional material.
I. “Interoperability standards” means the
current industry standards that measure the seamless sharing of data, content,
and services among systems and applications.
J. “Local education agency” or “LEA” means a local school district,
charter school, or state educational institution.
K. “Multiple list”
means a written list of those instructional materials approved by the
department.
L. “Open educational resources” or “OER” means teaching, learning, and
research material that is freely available for use,
adaptation, and sharing.
M. “Open source curriculum” or “OSC” means a planned sequence of
instructional and educational material that covers a full academic course of
study, and that may be freely accessed, distributed, and modified.
N. “Other adoptions” means an adoption of
new material that is not conducted during the summer review institute.
O. “Other classroom material” means
materials other than textbooks that are used to support direct instruction to
students.
P. “Out-of-adoption” means previously
adopted instructional material that is no longer considered current by the
department and that is not included on the multiple list.
Q. “Processing fee” means the bid fees
charged to vendors for each item of instructional material submitted for
adoption, not to exceed the retail price.
R. “Provider” means
an organization or individual, including publishers, who develops and submits
instructional material.
S. “Request for applications” or “RfA” means
the written notice issued by the department soliciting the submission of new
instructional material in specified subject areas, and outlining the terms and
conditions of the department’s review and adoption process.
T. “Research-based effectiveness” means
the demonstrated effectiveness of instructional material in supporting students
to meet or exceed grade-level goals according to New Mexico content standards,
and as demonstrated by the best available evidence for curricula in the
relevant grade and subject. For core
instructional material, evidence shall include an independently conducted
experimental or quasi-experimental research study or review by
nationally-recognized, independent experts in curricula review. LEA-created core instructional materials may
also demonstrate effectiveness using correlational evidence that students using
the core instructional material meet or exceed grade-level proficiency as
measured by the state assessment.
U. “Reviewer of record” means a reviewer
who is a qualified teacher with a level 2 or 3-A license with experience in the
content area being reviewed.
V. “Substitution” means the replacement of
an adopted item under the provider’s agreement with a revised edition of the
item.
W. “Supplementary instructional material”
means supporting instructional material used to reinforce, enrich, or enhance
instruction driven by core instructional material. Pursuant to Section 22-15-8 NMSA 1978, the
department may choose not to review supplementary materials.
[6.75.2.7 NMAC - Rp, 6.75.2.7 NMAC, 12/11/2018]
6.75.2.8 INSTRUCTIONAL
MATERIAL ELIGIBLE FOR ADOPTION:
A. The department
shall review and adopt instructional material in core subject areas for use in
public school districts, charter schools, and eligible state educational
institutions. Providers that meet the criteria
set forth in Subsection B of 6.75.2.9 NMAC may submit instructional material to
the department for consideration through the process outlined in 6.75.2.9 NMAC.
Providers may submit print format,
digital format, or both of instructional material for consideration and shall
certify whether their instructional materials are one of the following:
(1) core instructional material; or
(2) supplementary instructional material.
B. OER and OSC instructional
material may be considered for adoption by the department as either core or
supplementary instructional material.
C. OER and OSC
instructional material may be:
(1) submitted by the department for adoption consideration;
(2) submitted by schools, districts, or providers for adoption
consideration; or
(3) exempt from the processing fee associated with adoption.
D. LEAs may submit
instructional material to the department for adoption consideration.
E. Pursuant to Section
22-23B NMSA 1978 and 22-23A NMSA 1978, the Hispanic
Education Advisory Council and the Indian
Education Advisory Council may submit instructional material to the
department for adoption consideration.
(1) If
the Hispanic Education Advisory Council
or the Indian Education Advisory Council
submits instructional material as a provider, there shall not be a fee
associated with the adoption.
(2) If
the Hispanic Education Advisory Council
or the Indian Education Advisory Council
submits instructional material created by a separate provider with the consent
of the provider, there shall be a fee associated with the adoption as
determined by the department.
F. Digital
instructional material submitted for consideration shall comply with current
interoperability standards, along with any other specifications deemed
necessary by the department.
G. Providers shall
incur any costs associated with the provision of hardware, software, or special
equipment necessary for the review of instructional material.
H. The department
shall not consider instructional material that requires proprietary equipment
provided by or through the provider to view.
[6.75.2.8 NMAC - Rp, 6.75.2.8 NMAC, 12/11/2018]
6.75.2.9 INSTRUCTIONAL
MATERIAL ADOPTION PROCESS:
A. Adoption
cycle. The department shall conduct an
annual summer review institute during which reviewers of record shall review
instructional material for alignment with state content standards and
benchmarks and other criteria deemed relevant by the department. The department’s annual summer review
institute shall serve as the primary opportunity for new instructional material
to be reviewed and considered for adoption.
(1) Annual
review and adoption of new instructional material shall cover those core subject
areas with adoption periods expiring at the end of the year in which the review
is being conducted.
(2) Instructional
material shall be adopted by the department for a period of six years, unless
the department determines a need to alter the adoption cycle.
(3) Off-cycle
reviews and adoptions of new instructional material may occur at any time the
department deems necessary, based on educational need.
(4) Providers
submitting core instructional material for off-cycle review shall incur the
costs associated with review, as determined by the department.
(5) The
department shall notify LEAs of any cycle alterations no later than December 31
of the year prior to the summer review institute.
B. Request for
applications.
(1) The
department shall issue an RfA annually to solicit
submissions of proposed new instructional material. The RfA shall
include:
(a) the core subject area(s) for which new instructional
material is being considered;
(b) timelines for adoption, requisition, and distribution of
adopted instructional material;
(c) length of contracts between the department and approved providers;
(d) criteria for demonstrating research-based effectiveness of
instructional material;
(e) instructional material review criteria which shall include
but is not limited to the following:
(i) alignment
with state standards;
(ii) grade level appropriateness;
(iii) cultural and linguistic relevance; and
(iv) full academic course of study;
(f) processing fee guidelines; and
(g) other terms, conditions, and forms deemed necessary by the
department.
(2) Providers
shall certify whether each submission is core or supplementary instructional material.
The department shall determine whether
or not the provider has appropriately categorized each submission and may
reclassify material if necessary.
(3) Providers
shall submit instructional material for consideration in the format and by the
dates set forth by the department.
(4) The
department may accept any applications that:
(a) satisfy all criteria outlined in the RfA;
(b) are
determined to be advantageous to the state, considering the educational value of
the instructional material submitted, cost to the state, and reliability of the
provider; and
(c) meet all other factors deemed relevant by the department.
(5) The
department may reject any applications that fail to satisfy criteria outlined
in the RfA.
C. Review teams.
(1) Each
review team shall be composed of reviewers of record and facilitated by
department-selected facilitators.
(2) The
department shall ensure that reviewers of record are compensated in accordance
with Sections 22-15-8 NMSA 1978.
(3) The
department shall ensure that reviewers of record receive adequate training and
utilize the review forms developed by the department.
D. Review forms. The review forms utilized by reviewers of
record shall include the scoring rubric which shall consist of a minimum of two
sections.
(1) Section
one shall focus on whether or not proposed instructional material aligns with department
adopted content standards and shall include scorable
performance indicators.
(2) Section
two shall focus on the extent to which the proposed instructional material
under review:
(a) is culturally relevant, as outlined
by the following:
(i) informs culturally and
linguistically responsive pedagogy;
(ii) reflects the cultural diversity
represented within the community, state, and nation;
(iii) reflects
the cultures, languages, and lived experiences of a multicultural society;
(iv) addresses multiple ethnic descriptions, interpretations, or
perspectives of events and experiences; and
(v)
encourages critical pedagogy.
(b) provides opportunities for both
formative and summative assessment;
(c) integrates opportunities for digital learning into the text;
and
(d) meets any other criteria deemed relevant by the department.
E. The department
may send instructional material through a secondary review process, at its
discretion, to ensure scores are valid.
F. The department
shall ensure that collaboration occurs with New Mexico pueblos, tribes and
designated tribal organizations, pursuant to Section 11-18-3 NMSA 1978 and shall
ensure instructional materials for American Indian students
enrolled in public schools are culturally relevant pursuant to Section 22-23A-2 NMSA 1978.
G. The department
shall appoint community members, parents, level one teachers,
and students preparing for careers as teachers to observe the reviewers of
record during the review.
H. At the time of
review, providers shall provide the department with any hardware, software, or
special equipment necessary to review instructional material submitted.
I. Other adoptions.
(1) Other
adoptions may be processed at the request of a provider with the approval of
the instructional material bureau chief or for other reasons as determined by
the instructional material bureau chief.
(2) Other
adoptions may be for core instructional material which is reviewed or for
supplementary material which may not be reviewed.
(3) Other
adoptions shall require a processing fee to vendors of instructional materials
not to exceed the retail value of the instructional material submitted for
adoption.
J. Substitution.
(1) Providers
may submit formal substitution requests to the department for in-adoption
instructional material.
(2) Providers
wishing to request substitutions shall submit to the department a written
request along with justification for the proposed substitution. The department shall allow substitutions of
instructional material when it determines:
(a) the proposed substitution is in the best interest of
students;
(b) all terms and conditions of the original contract with the provider
are still being met; and
(c) the proposed substitution is limited to minor revisions and
contains substantially the same material as the previous edition.
K. Pursuant to
Sections 22-15-4 NMSA 1978 and 22-15-8 NMSA 1978 the department shall enforce
rules that require local school boards to implement a process that ensures
parental and community member involvement within the instructional material
review process. A local school board
shall give written and public notice to families and community members to
extend an invitation for participation in the adoption process at the district
level.
[6.75.2.9 NMAC - Rp, 6.75.2.9 NMAC, 12/11/2018]
6.75.2.10 CLASSIFICATION
AND ADOPTION OF INSTRUCTIONAL MATERIAL:
A. The department
shall make adoption recommendations to the secretary using the following
guidelines. Ranges of scores may vary and shall be determined and communicated
by the department.
(1) Core
instructional material:
(a) that
meets or exceeds expectations on all identified criteria, including
research-based effectiveness, may be designated as recommended and may also
receive recognition for special features identified by the department;
(b) that approaches expectations on identified criteria,
including research-based effectiveness, may be designated as recommended with
reservations; or
(c) that
is reviewed but does not meet the criteria shall not be recommended for
adoption.
(2) Supplementary
instructional material certified by providers and accepted by the department as
such may not be reviewed.
B. The secretary shall
consider recommendations from the reviewers of record and shall make final
decisions regarding the adoption of core and supplementary instructional material.
(1) Instructional
material selected for adoption shall:
(a) meet all requirements outlined in the RfA;
and
(b) meet all requirements outlined in Subsection B of
6.75.2.9 NMAC.
(2) The
secretary shall authorize adoption of instructional material no later than 90 calendar
days after the conclusion of the instructional material review.
[6.75.2.10 NMAC - Rp, 6.75.2.10 NMAC, 12/11/2018]
6.75.2.11 CONTRACTS
WITH PROVIDERS:
A. In accordance
with law, the department may enter into contracts with providers that will
provide for the purchase of adopted instructional material by LEAs.
B. Contracts with providers
may last for a period of six years, unless the department determines that an amended
contract is necessary.
C. The department
shall only enter into a contract when the provider agrees to:
(1) facilitate the distribution of adopted instructional
material to LEAs;
(2) keep
sufficient stock of adopted instructional material at the designated
depository;
(3) ensure
timely delivery of instructional material according to the schedule determined
by the department;
(4) pay
late fees for any delays in delivery according to a schedule determined by the
department;
(5) bill the appropriate LEA for instructional material ordered;
(6) ensure
that all instructional material adopted and sold under the contract conforms to
the requirements of the Federal Consumer Product Safety Improvement Act;
(7) submit
adopted instructional material to the national instructional material
accessibility center repository at the American printing house for the blind at
no additional cost and in accordance with applicable law; and
(8) maintain copies of all billings generated under the contract
for three years after the termination or expiration of the contract or after
any court proceedings involving the contract.
D. The department
may grant exemption from the contracting process or may approve an alternative
contract for:
(1) OER,
OSC, or any instructional material for which there is not a provider, vendor,
or agent to fulfill the requirements outlined in the RfA;
or
(2) instructional material developed by a school or LEA.
[6.75.2.11 NMAC - Rp, 6.75.2.10 NMAC, 12/11/2018]
6.75.2.12 DISTRIBUTION
OF FUNDS:
A. The department
shall oversee the administration of the instructional material law pursuant to Section
22-15-1 NMSA 1978 and shall issue guidance through the instructional material
manual posted on the department’s website to outline effective, efficient, and
equitable processes related to the free use of instructional material for all
entities subject to 6.75.2 NMAC.
B. The department
may conduct periodic audits of instructional material accounts and textbook
inventories of any entities receiving instructional material funds.
[6.75.2.12 NMAC - Rp, 6.75.2.11 NMAC, 12/11/2018]
6.75.2.13 SELECTION
AND PURCHASE OF INSTRUCTIONAL MATERIAL:
A. Each local
school board or governing body shall develop and implement a process for the review
and adoption of instructional material which shall include:
(1) family and community member involvement in the instructional
material review and adoption process;
(2) written notification to families and community members
regarding the instructional material selection process;
(3) public notification, which may include publication in a
newspaper of general circulation in the school district; and
(4) a review of material for cultural and linguistic relevance.
B. Each LEA purchasing
instructional material through an authorized depository shall follow the
timelines and requirements outlined in the instructional material manual.
C. Each public
school district and eligible state educational institution:
(1) may spend up to one hundred percent of its total
instructional material allocations
to purchase department-adopted instructional
material posted on the department’s website;
(2) shall not spend more than fifty percent of its total
instructional material allocations to purchase instructional material not
adopted by the department; and
(3) may spend up to twenty-five percent of the funds referenced
in Paragraph (2) of Subsection C of 6.75.2.13 NMAC on other classroom
materials.
D. Charter schools
may spend up to one hundred percent of their total instructional material
allocations to purchase adopted or non-adopted instructional material, and up
to twenty-five percent of this amount may be spent on other classroom
materials.
E. The department
may consider waiver requests from school districts and state-supported schools
to use instructional material funds for purchases that fall outside the
spending limits enumerated in Paragraph (2) of Subsection C of 6.75.2.13
NMAC. Waiver requests shall be submitted
on forms provided by the department.
F. Instructional
material funds allocated to an LEA during any fiscal year that are not
obligated or expended prior to the close of that fiscal year shall be available
to that public school district, charter school, or state-supported school for
expenditure in subsequent fiscal years, consistent with the requirements of
Subsections C and F of Section 22-15-9 NMSA 1978.
G. Annually, at a
time and in a format specified by the department, each LEA receiving
instructional material allocations shall file a report with the
department. The report shall include:
(1) the total instructional material allocation received;
(2) the average cost per pupil based on the instructional
material allocation;
(3) year-end cash balances of the instructional material fund;
(4) documentation of effective professional learning aligned to
purchased core instructional material;
(5) documentation of parental and community involvement in the
instructional material review process and parental involvement in the adoption
process; and
(6) other documentation specified by the department.
H. Each local
school board or governing body shall keep an itemized list of instructional
material purchased in a format prescribed by the department.
I. Guidance
pertaining to obtaining funds, ordering instructional materials, receiving
funds, returning funds for sold or lost materials, and completing the annual
report shall be included in the instructional material manual.
[6.75.2.13 NMAC - Rp, 6.75.2.13 NMAC, 12/11/2018]
6.75.2.14 DISTRIBUTION
OF INSTRUCTIONAL MATERIALS BY DEPOSITORIES: Depositories shall distribute
instructional material to LEAs according to a schedule outlined by the
department in the instructional material manual.
A. Depositories
shall:
(1) demonstrate that the financial viability is adequate to
ensure performance of all obligations outlined in a contract between the provider
and the depository for the purpose of distributing instructional material to
LEAs;
(2) maintain warehouse facilities, with location(s), equipment,
and staffing adequate to ensure performance of all obligations under the
contract between the provider and the depository for the purpose of
distributing instructional material to LEAs;
(3) demonstrate
capacity to generate and electronically submit reports to the department;
(4) provide training to all LEAs on the process for ordering
instructional materials;
(5) implement procedures and systems with the capacity to run
department-approved online ordering systems, and inventory and reporting
systems to receive and process instructional material orders; and
(6) maintain sufficient inventory of instructional material to
fill requisitions in accordance with the timelines set forth by the department.
B. The department
may disapprove depositories that fail to meet requirements necessary for the
successful and timely distribution of instructional material.
[6.75.2.14 NMAC - N,
12/11/2018]
6.75.2.15 DISPOSAL
OF INSTRUCTIONAL MATERIAL:
A. Out-of-adoption
instructional material deemed unusable or obsolete by LEAs may be disposed of
at the LEA’s discretion and shall not require department approval.
B. An LEA wishing
to discard in-adoption instructional material listed on the current multiple list shall obtain prior department approval. Request for approval shall:
(1) be in writing;
(2) include justification for the request; and
(3) include a list of the materials to which the request
pertains.
C. An LEA wishing
to sell in-adoption instructional material listed on the current multiple list shall obtain prior approval to do so from the
department. The selling price may be
determined by the LEA; however, it shall not exceed the original cost of the instructional
material. All funds received from the
sale of such instructional material shall be remitted to the department for
redeposit into the LEA’s instructional material account.
[6.75.2.14 NMAC - N,
12/11/2018]
HISTORY OF 6.75.2 NMAC:
Pre-NMAC History: The material is this part was derived from
that previously filed with the State Records Center and Archives:
SDE 75-2,
(Certificate No. 75-2) Regulation Relating to the State Department of Education
Instructional Materials Division, filed 6/4/1975.
SDE 77-2, Regulation
Relating to the State Department of Education Instructional Materials Division,
filed 2/7/1977.
SBE 79-12, Relating
to the State Department of Education Instructional Material Division,
Procedures for the Adoption, Purchase and Delivery of Instructional Material,
filed 9/21/1979.
SBE Regulation No.
83-5, Relating to the State Department of Education Instructional Material
Division - Procedures for the Adoption, Purchase, and Delivery of Instructional
Material, filed 8/31/1983.
SBE Regulation
93-20, Relating to the State Department of Education Instructional Materials
Bureau - Procedures for the Adoption, Purchase, and Delivery of Instructional
Material, filed 10/19/1993.
History of Repealed Material:
6.75.2 NMAC,
Relating to the Public Education Department Instructional Material Bureau,
filed 11/1/2000, Repealed effective 1/31/2006.
6.75.2 NMAC,
Relating to the Public Education Department Instructional Material Bureau,
filed 1-13-2006, Repealed effective 10/15/2010.
6.75.2 NMAC,
Relating to the Public Education Department Instructional Material Bureau,
filed 9/28/2010, Repealed effective 12/15/2016.
6.75.2 NMAC,
Relating to the Public Education Department Instructional Material Bureau,
filed 12/15/2016, Repealed effective 12/11/2018.
Other History:
6.75.2 NMAC,
Relating to the Public Education Department Instructional Material Bureau,
filed 12/15/2016, was repealed and replaced by 6.75.2 NMAC, Relating to the
Public Education Department Instructional Material Bureau, effective 12/11/2018.