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 board
shall adopt textbooks and enter into contracts with publishers to
furnish the textbooks at fixed prices.
(b) For each subject for which credit is given in the public schools
and for each grade, the state board shall adopt as many textbooks as
the state board finds satisfactory.
(c) In addition to adopting textbooks under this chapter, the state
board may recommend to school corporations as many as seven (7)
textbooks from the list of adopted textbooks that the state board finds
most satisfactory.
(d) The state board shall make regular adoptions and enter into
contracts each year for every subject in one (1) subject classification
under 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 certain
textbook category or categories in nonrequired subject matter areas
from 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 regular
adoption of textbooks for that subject; or
(B) adopted by the state board under section 7 or 8 of this
chapter within the last six (6) years; and
(2) the publisher does not submit a bid proposal for that
textbook at the next regular adoption of textbooks for that
subject;
a school corporation may continue to use that textbook unless the
state board finds that the textbook is no longer satisfactory.
(b) This section does not require a publisher to submit a bid or
enter into a contract for the continued sale of a textbook.
(c) A textbook whose continued use is authorized by this section
may be used for a maximum of six (6) years after the expiration of
the 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 on
textbook 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 to
textbooks written at a reading level appropriate to the grade for
which 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 in
all 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, the
classification 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 board
shall adopt and contract for textbooks for each subject under the
classification of social studies.
(b) In 2009 and every sixth year thereafter, the state board shall
adopt and contract for textbooks for each subject under the
classification of mathematics.
(c) In 2010 and every sixth year thereafter, the state board shall
adopt and contract for textbooks for each subject under the
classification of science and health education.
(d) In 2005 and every sixth year thereafter, the state board shall
adopt and contract for textbooks for each subject under the
classification of miscellaneous.
(e) In 2006 and every sixth year thereafter, the state board shall
adopt and contract for textbooks for each subject under the
classification of language arts/reading and handwriting.
(f) In 2007 and every sixth year thereafter, the state board shall
adopt and contract for textbooks for each subject under the following
classifications:
(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 new
textbooks become available or as waivers are granted under
IC 20-26-12-28.
(b) A contract for a textbook that was adopted after a regular
adoption expires at the same time as a contract that was entered into
at a regular adoption of textbooks in the subject in which the
textbook 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 state
board shall, at its next adoption meeting, adopt and contract for
textbooks for that subject and grade. A contract entered into under
this section may extend only for the period required for its expiration
to coincide with the expiration of contracts for textbooks for other
subjects 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 year
before establishing adoption categories for an adoption year to solicit
comments from the public about the determination of adoption
categories and the evaluation and selection of textbook materials
submitted 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 to
the news media about the availability of the textbooks submitted for
adoption for public inspection. The press release must:
(1) state the dates, times, and places where the textbooks will be
available for inspection; and
(2) encourage the public to inspect the submitted textbooks and
submit written comments to the state board.
The state superintendent shall mail the press release to the
superintendent of each school corporation to make available to
interested citizens.
(b) The state board shall make the textbooks submitted for
adoption available for public inspection during regular business
hours for at least six (6) weeks, beginning on or before September 15
of each year, at a textbook review center in each of the nine (9)
education service center regions established by the state board under
IC 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 as
necessary to receive and consider public testimony concerning the
submitted 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 and
contracts, 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 for
which 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 publishers
who submit textbooks for adoption under this chapter. A bid must
state the exact price at which the publisher furnishes each textbook.
Specimen copies of every submitted textbook and an affidavit that
states the following must accompany each bid:
(1) The publisher is not connected with any other publisher
bidding at the same time.
(2) The publisher does not have a pecuniary interest in any
other publisher bidding at the same time.
(3) The publisher is not a party to any agreement that would
deny the benefits of competition to the people of Indiana.
If a submitted textbook is a revised version of a previously adopted
textbook, the bidder shall state that fact in the affidavit and shall
indicate if the revised version varies substantively from the
previously 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 a
bid proposes more than one (1) textbook, the state board may accept
the 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 submitted
for approval based on the following criteria:
(1) Amount and quality of material in the textbook.
(2) Correlation between the subject matter of the textbook and
the 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 to
serve 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 contains
anything 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 be
competitive. A person may bid to furnish any textbook regardless of
whether the textbook is used in Indiana schools at the time of
bidding.
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 bodies
of all school corporations of all textbook adoptions immediately after
adoption.
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 five
thousand dollar ($5,000) bond to the acceptance and satisfaction of
the governor. The bond must be conditioned on the publisher's
adequately and properly furnishing all adopted textbooks in the
manner prescribed by the state board and at the quoted prices. If a
publisher fails to adequately and properly furnish an adopted
textbook, 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 textbooks
shall enter into contracts approved by the attorney general. A
contract must specify terms, specifications, price, and other
necessary matters. If a publisher of an adopted textbook sells the
same book elsewhere at a lower price than in Indiana, the publisher
shall make that lower price apply to all subsequent sales in Indiana.
On refusal by a publisher to make this lower price available, the
governor shall investigate to verify that the publisher is selling the
same book at a lower price and under similar conditions elsewhere
than in Indiana. If the governor's investigation verifies that such a
sale has occurred, the governor shall cancel the adoption of the
textbook involved.
(b) A contract entered into under this chapter must provide that
the publisher agrees to grant a license to the state board to allow for
the 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 this
chapter for a textbook must require a publisher to furnish, not more
than sixty (60) days after a request is submitted by the board to the
publisher, electronic formats for literary subject areas in:
(1) the American Standard Code of Information Interchange (or
ASCII); 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 translation
computer software is available, each contract under this chapter must
require 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 as
natural and computer science, mathematics, and music.
(e) The board may waive the requirements described in
subsections (c) and (d) if a publisher:
(1) offers a braille version of a specific textbook title as a
commercial product;
(2) offers the braille version described in subdivision (1) at a
price that does not exceed standard braille costs; and
(3) agrees to deliver the braille textbook not more than
forty-five (45) days after the board submits a request to the
publisher 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 become
effective on July 1 of the year following the year in which the
contract 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 of
textbooks 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 must
provide that the contracting publisher may agree to furnish a
sufficient 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 school
corporation.
(b) A contract described in subsection (a) must contain the
following terms:
(1) Textbooks paid for in cash within sixty (60) days after
delivery must be furnished at the net wholesale price of the
textbooks plus transportation costs.
(2) Textbooks purchased on a time basis must be furnished at
the net wholesale price plus transportation costs plus interest on
the unpaid balance, subject to any restrictions in this chapter on
time 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 committee
on textbook adoption established by IC 20-19-2-3 shall disclose any
financial interest that the member has in any textbook considered for
adoption.
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 assist
in the administration of this chapter.
As added by P.L.1-2005, SEC.4.