CHAPTER 5. TEXTBOOK ADOPTION
IC 20-20-5
Chapter 5. Textbook Adoption
IC 20-20-5-1
Adoption of textbooks; contracts
Sec. 1. (a) Subject to section 3 of this chapter, the state boardshall adopt textbooks and enter into contracts with publishers tofurnish the textbooks at fixed prices.
(b) For each subject for which credit is given in the public schoolsand for each grade, the state board shall adopt as many textbooks asthe state board finds satisfactory.
(c) In addition to adopting textbooks under this chapter, the stateboard may recommend to school corporations as many as seven (7)textbooks from the list of adopted textbooks that the state board findsmost satisfactory.
(d) The state board shall make regular adoptions and enter intocontracts each year for every subject in one (1) subject classificationunder section 6 of this chapter. The term of a contract is six (6)years.
(e) The state board in a call for bids may exempt a certaintextbook category or categories in nonrequired subject matter areasfrom being bid.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-2
Continued use of textbook after expiration of textbook's adoption
Sec. 2. (a) If:
(1) a textbook was:
(A) adopted by the state board at the state board's last regularadoption of textbooks for that subject; or
(B) adopted by the state board under section 7 or 8 of thischapter within the last six (6) years; and
(2) the publisher does not submit a bid proposal for thattextbook at the next regular adoption of textbooks for thatsubject;
a school corporation may continue to use that textbook unless thestate board finds that the textbook is no longer satisfactory.
(b) This section does not require a publisher to submit a bid orenter into a contract for the continued sale of a textbook.
(c) A textbook whose continued use is authorized by this sectionmay be used for a maximum of six (6) years after the expiration ofthe textbook's original adoption.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-3
Textbooks eligible for adoption
Sec. 3. The state board may adopt only textbooks that:
(1) have been recommended by the advisory committee ontextbook adoption established by IC 20-19-2-3; or
(2) are approved by seven (7) members of the board.As added by P.L.1-2005, SEC.4.
IC 20-20-5-4
Priority for textbooks at appropriate reading level
Sec. 4. In adopting textbooks, the state board shall give priority totextbooks written at a reading level appropriate to the grade forwhich the textbooks will be used.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-5
Classification of subjects
Sec. 5. (a) The following classifications encompass all subjects inall grades of the public schools for which credit is given:
(1) Language arts/English, spelling, and literature.
(2) Social studies.
(3) Mathematics.
(4) Science and health education.
(5) Miscellaneous.
(6) Language arts/reading and handwriting.
(7) Foreign languages.
(b) If the classification for a textbook subject is unclear, theclassification shall be determined by the rules of the state board.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-6
Schedule for adoption
Sec. 6. (a) In 2008 and every sixth year thereafter, the state boardshall adopt and contract for textbooks for each subject under theclassification of social studies.
(b) In 2009 and every sixth year thereafter, the state board shalladopt and contract for textbooks for each subject under theclassification of mathematics.
(c) In 2010 and every sixth year thereafter, the state board shalladopt and contract for textbooks for each subject under theclassification of science and health education.
(d) In 2005 and every sixth year thereafter, the state board shalladopt and contract for textbooks for each subject under theclassification of miscellaneous.
(e) In 2006 and every sixth year thereafter, the state board shalladopt and contract for textbooks for each subject under theclassification of language arts/reading and handwriting.
(f) In 2007 and every sixth year thereafter, the state board shalladopt and contract for textbooks for each subject under the followingclassifications:
(1) Language arts/English, spelling, and literature.
(2) Foreign languages.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-7
Additional adoptions Sec. 7. (a) The state board may make additional adoptions as newtextbooks become available or as waivers are granted underIC 20-26-12-28.
(b) A contract for a textbook that was adopted after a regularadoption expires at the same time as a contract that was entered intoat a regular adoption of textbooks in the subject in which thetextbook is classified under section 5 of this chapter.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-8
New subjects
Sec. 8. If a new subject is to be taught in any grade, the stateboard shall, at its next adoption meeting, adopt and contract fortextbooks for that subject and grade. A contract entered into underthis section may extend only for the period required for its expirationto coincide with the expiration of contracts for textbooks for othersubjects in the same classification.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-9
Solicitation of comments
Sec. 9. The state board shall hold a public hearing each yearbefore establishing adoption categories for an adoption year to solicitcomments from the public about the determination of adoptioncategories and the evaluation and selection of textbook materialssubmitted in the categories.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-10
Public inspection
Sec. 10. (a) The state superintendent shall issue a press release tothe news media about the availability of the textbooks submitted foradoption for public inspection. The press release must:
(1) state the dates, times, and places where the textbooks will beavailable for inspection; and
(2) encourage the public to inspect the submitted textbooks andsubmit written comments to the state board.
The state superintendent shall mail the press release to thesuperintendent of each school corporation to make available tointerested citizens.
(b) The state board shall make the textbooks submitted foradoption available for public inspection during regular businesshours for at least six (6) weeks, beginning on or before September 15of each year, at a textbook review center in each of the nine (9)education service center regions established by the state board underIC 20-20-1.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-11
Public testimony Sec. 11. The state board shall conduct public hearings as often asnecessary to receive and consider public testimony concerning thesubmitted textbooks before making a final adoption.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-12
Notice of meeting
Sec. 12. Thirty (30) days before a meeting to adopt textbooks andcontracts, the state board shall publish a notice of the meeting in two(2) daily newspapers, each of which:
(1) has paid circulation of at least eighty-five thousand(85,000); and
(2) is published in Indiana.
The notice must include a complete list of all subjects and grades forwhich textbooks are to be adopted at the meeting.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-13
Submission of bids
Sec. 13. The state board shall accept sealed bids from publisherswho submit textbooks for adoption under this chapter. A bid muststate the exact price at which the publisher furnishes each textbook.Specimen copies of every submitted textbook and an affidavit thatstates the following must accompany each bid:
(1) The publisher is not connected with any other publisherbidding at the same time.
(2) The publisher does not have a pecuniary interest in anyother publisher bidding at the same time.
(3) The publisher is not a party to any agreement that woulddeny the benefits of competition to the people of Indiana.
If a submitted textbook is a revised version of a previously adoptedtextbook, the bidder shall state that fact in the affidavit and shallindicate if the revised version varies substantively from thepreviously adopted version.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-14
Power to reject bids
Sec. 14. The state board may reject one (1) or more bids. When abid proposes more than one (1) textbook, the state board may acceptthe bid in part or in whole.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-15
Evaluation of textbooks
Sec. 15. (a) The state board shall evaluate all textbooks submittedfor approval based on the following criteria:
(1) Amount and quality of material in the textbook.
(2) Correlation between the subject matter of the textbook andthe description adopted by the state board. (3) Style of binding.
(4) Mechanical execution of the textbook.
(5) Price.
(b) The state board shall select educators and other individuals toserve as textbook evaluators.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-16
Restriction on textbook content
Sec. 16. The state board may not approve a textbook that containsanything of a partisan or sectarian character.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-17
Competitive bidding required
Sec. 17. The letting of contracts for textbooks shall becompetitive. A person may bid to furnish any textbook regardless ofwhether the textbook is used in Indiana schools at the time ofbidding.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-18
Notification of adopted books
Sec. 18. The state superintendent shall notify the governing bodiesof all school corporations of all textbook adoptions immediately afteradoption.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-19
Publisher's bond
Sec. 19. A publisher that has a textbook adopted must post a fivethousand dollar ($5,000) bond to the acceptance and satisfaction ofthe governor. The bond must be conditioned on the publisher'sadequately and properly furnishing all adopted textbooks in themanner prescribed by the state board and at the quoted prices. If apublisher fails to adequately and properly furnish an adoptedtextbook, the state board may cancel the adoption of the textbook.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-20
Contracts; general terms
Sec. 20. (a) The state board and publishers of adopted textbooksshall enter into contracts approved by the attorney general. Acontract must specify terms, specifications, price, and othernecessary matters. If a publisher of an adopted textbook sells thesame book elsewhere at a lower price than in Indiana, the publishershall make that lower price apply to all subsequent sales in Indiana.On refusal by a publisher to make this lower price available, thegovernor shall investigate to verify that the publisher is selling thesame book at a lower price and under similar conditions elsewhere
than in Indiana. If the governor's investigation verifies that such asale has occurred, the governor shall cancel the adoption of thetextbook involved.
(b) A contract entered into under this chapter must provide thatthe publisher agrees to grant a license to the state board to allow forthe reproduction of adopted textbooks in:
(1) large type;
(2) braille; and
(3) an audio format.
(c) Subject to subsection (e), a contract entered into under thischapter for a textbook must require a publisher to furnish, not morethan sixty (60) days after a request is submitted by the board to thepublisher, electronic formats for literary subject areas in:
(1) the American Standard Code of Information Interchange (orASCII); or
(2) other electronic formats as determined by the board;
from which braille versions of the textbooks can be produced.
(d) Subject to subsection (e), if braille specialty code translationcomputer software is available, each contract under this chapter mustrequire that a publisher furnish electronic formats in:
(1) the American Standard Code of Information Interchange(ASCII); or
(2) other electronic formats as determined by the board;
for nonliterary subjects as determined by the board in areas such asnatural and computer science, mathematics, and music.
(e) The board may waive the requirements described insubsections (c) and (d) if a publisher:
(1) offers a braille version of a specific textbook title as acommercial product;
(2) offers the braille version described in subdivision (1) at aprice that does not exceed standard braille costs; and
(3) agrees to deliver the braille textbook not more thanforty-five (45) days after the board submits a request to thepublisher in this regard.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-21
Contracts; effective date
Sec. 21. Adoptions and contracts made under this chapter becomeeffective on July 1 of the year following the year in which thecontract or adoption was made.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-22
Contracts; state not liable
Sec. 22. A contract made under this chapter must provide that:
(1) the state is not liable to a contracting publisher for any sum;and
(2) the publisher receives compensation solely from the sale oftextbooks under IC 20-26-12.As added by P.L.1-2005, SEC.4.
IC 20-20-5-23
Contracts; payment terms
Sec. 23. (a) A textbook contract made under this chapter mustprovide that the contracting publisher may agree to furnish asufficient number of textbooks selected under IC 20-26-12-24 to:
(1) a requesting school corporation; or
(2) one (1) or more dealers designated by a requesting schoolcorporation.
(b) A contract described in subsection (a) must contain thefollowing terms:
(1) Textbooks paid for in cash within sixty (60) days afterdelivery must be furnished at the net wholesale price of thetextbooks plus transportation costs.
(2) Textbooks purchased on a time basis must be furnished atthe net wholesale price plus transportation costs plus interest onthe unpaid balance, subject to any restrictions in this chapter ontime basis purchases.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-24
Conflict of interest
Sec. 24. A member of the state board or the advisory committeeon textbook adoption established by IC 20-19-2-3 shall disclose anyfinancial interest that the member has in any textbook considered foradoption.
As added by P.L.1-2005, SEC.4.
IC 20-20-5-25
Rules
Sec. 25. The state board may adopt rules under IC 4-22-2 to assistin the administration of this chapter.
As added by P.L.1-2005, SEC.4.