20-2-1012. Committee recommendations on instructional materials and content; additions to approved lists.

1. (1)

   The State Board of Education may select a committee or committees of educators actually engaged in public school work in this state to examine instructional materials and content and make recommendations thereon to the state board. Such committee or committees may consist of such number of educators as the state board may deem advisable. They may serve for such time and for such duties as the state board may prescribe and may receive such compensation as may be fixed by the state board.#

2. (2)

   In the event that it elects to provide for state approved instructional materials and content, the State Board of Education shall establish a review and recommendation process in accordance with this paragraph. Such process shall include the opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. As part of such process, the State Board of Education shall post in a prominent location on its website a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used; and the identification number, in accordance with any guidelines established by the State Board of Education. The State Board of Education shall make all state approved instructional materials and content available for review upon request and may specify reasonable hours for review. If state instructional materials and content are approved, the state board shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of state approved instructional materials and content and to coordinate its efforts to comply with and carry out its responsibilities under this subsection.#

In addition to any other method of instructional materials and content selection, the State Board of Education may add to the approved list of instructional materials and content for use in the public schools of this state any instructional materials and content requested in writing by:#

1. (1)

   The superintendents of five or more different school systems; or#

2. (2)

   Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the instructional materials and content requested,#

3. if the requisite number of requests for the specified instructional materials and content are received within any 365 day period. Instructional materials and content so added to the approved list may be added within 30 days following the receipt by the state board of the requisite number of requests. No designation may be included upon the approved list which indicates the manner in which any instructional materials and content were added to the list. Other than the selection method, publishers whose instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability.