S.B. 7

1

STATE TEXTBOOK COMMISSION
2 AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David H. Steele
6 Howard A. Stephenson
Karen Hale
Ron Allen

7 This act modifies provisions related to the State Textbook Commission by changing its name
8 to the State Instructional Materials Commission. The act expands the scope of materials
9 reviewed by the commission to include workbooks, computer software, laserdiscs or
10 videodiscs, and multiple forms of communications media. The act provides that instructional
11 materials identified as inappropriate by the State Board of Education may not be used in
12 the public schools. The act makes technical changes by replacing "textbooks" with
13 "instructional materials" throughout Chapter 14 of Title 53A. The act extends the existence
14 of the commission through July 1, 2011, under the Legislative Oversight and Sunset Act.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 53A-14-101, as enacted by Chapter 2, Laws of Utah 1988
18 53A-14-102, as enacted by Chapter 2, Laws of Utah 1988
19 53A-14-103, as enacted by Chapter 2, Laws of Utah 1988
20 53A-14-104, as last amended by Chapter 86, Laws of Utah 2000
21 53A-14-105, as enacted by Chapter 2, Laws of Utah 1988
22 53A-14-106, as enacted by Chapter 2, Laws of Utah 1988
23 63-55-253, as last amended by Chapter 59, Laws of Utah 2000
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-14-101 is amended to read:
26 53A-14-101. Creation of commission -- Powers -- Payment of expenses.
27 (1) The State Board of Education shall appoint a State [Textbook] Instructional Materials

28 Commission[, which consists] consisting of:
29 (a) the state superintendent of public instruction[,] or the superintendent's designee;
30 (b) a school district superintendent[,];
31 (c) a secondary school principal[,];
32 (d) an elementary school principal[,];
33 (e) a secondary school teacher[,];
34 (f) an elementary school teacher[,];
35 (g) five persons not employed in public education[,]; and
36 (h) a dean of a school of education of a state college or university.
37 (2) The commission shall recommend [textbooks] instructional materials for [adoption]
38 approval by the board.
39 (3) (a) As used in this chapter, "instructional materials" means textbooks or materials used
40 as, or in place, of textbooks and which may be used within the state curriculum framework for
41 courses of study by students in public schools to include:
42 (i) textbooks;
43 (ii) workbooks;
44 (iii) computer software;
45 (iv) laserdiscs or videodiscs; and
46 (v) multiple forms of communications media.
47 (b) Instructional materials also include programs and associated materials on human
48 sexuality.
49 [(3)] (4) Members shall serve without compensation, but their actual and necessary
50 expenses incurred in the performance of their official duties shall be paid out of money
51 appropriated to the board.
52 Section 2. Section 53A-14-102 is amended to read:
53 53A-14-102. Commission's recommendation of instructional materials -- Approval
54 by the state board.
55 (1) [Each year] Biannually after reviewing the recommendations of the commission, the
56 board shall [adopt textbooks] approve instructional materials for [mandatory] use in the public
57 schools under rules adopted by the board.
58 (2) The standard [adoption] approval period [is] shall be four years[, but the length of the

59 period of adoption of a textbook may be adjusted by the board].
60 (3) Instructional materials identified as inappropriate shall be placed on a list by the board
61 and may not be used in the public schools.
62 [(3)] (4) An unsatisfactory textbook may be removed from the list of [adopted] approved
63 textbooks at any time within the period applicable to that book.
64 [(4) Textbooks of outstanding merit may be added to the list at any time.]
65 [(5) The board shall stagger adoption schedules so that approximately 1/4 of all textbooks
66 are reviewed each year.]
67 Section 3. Section 53A-14-103 is amended to read:
68 53A-14-103. Meetings -- Notice.
69 (1) The commission shall meet at the call of the state superintendent of public instruction
70 or the superintendent's designee.
71 [(2) Meetings called to consider proposals to furnish textbooks shall take place at least
72 three months prior to the expiration of a contract.]
73 [(3)] (2) Notice of a meeting [is] shall be given as required under Section 52-4-6 .
74 Section 4. Section 53A-14-104 is amended to read:
75 53A-14-104. Sealed proposals for instructional materials contracts -- Sample copies
76 -- Price of instructional materials.
77 (1) As used in this section, the word "sealed" does not preclude acceptance of
78 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
79 sealed and submitted.
80 (2) A person seeking a contract to furnish [textbooks] instructional materials for use in the
81 public schools shall submit a sealed proposal to the commission.
82 (3) Each proposal must:
83 (a) be accompanied by sample copies of the [textbooks proposed to be furnished]
84 instructional materials to be reviewed; and
85 (b) include the wholesale price at which the publisher agrees to furnish [each textbook]
86 the instructional materials to districts and schools during the [adoption] approval period.
87 Section 5. Section 53A-14-105 is amended to read:
88 53A-14-105. Awarding instructional materials contracts.
89 (1) The board shall award contracts for furnishing [textbooks] instructional materials.

90 (2) If a satisfactory proposal to furnish [textbooks] instructional materials is not received,
91 a new request for proposals may be issued.
92 [(3) Adoption of a textbook in use is continued until a satisfactory proposal is accepted by
93 the board.]
94 Section 6. Section 53A-14-106 is amended to read:
95 53A-14-106. Illegal acts -- Misdemeanor.
96 It is a misdemeanor for a member of the commission or the board to receive money or other
97 remuneration as an inducement for the recommendation or introduction of [textbooks or other
98 school supplies] instructional materials into the schools.
99 Section 7. Section 63-55-253 is amended to read:
100 63-55-253. Repeal dates, Titles 53A, 53B.
101 The following provisions of Title 53A are repealed on the following dates:
102 (1) Title 53A, Chapter 1a, Part 2, Strategic Planning for Public and Higher Education
103 Committee is repealed July 1, 2002.
104 (2) The State [Textbook] Instructional Materials Commission, created in Section
105 53A-14-101 , is repealed July 1, [2001] 2011.
106 (3) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1, 2007.




Legislative Review Note
as of 11-30-00 3:41 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Education Interim Committee recommended this bill.