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<p>CIRCULAR OF INFORMATIONANNOUNCING THE UPCOMINGADOPTION OF INSTRUCTIONALMATERIALS IN OREGON2009 AdoptionContract effectiveFebruary 2010–June 2016Mathematics, Grades 9-12Science, Grades K-5/6Science, Grades 6-8Biology, Grades 9-12 Chemistry, Grades 9-12Earth Science, Grades 9-12Integrated Science, Grades 9-12Physical Science, Grades 9-12Physics, Grades 9-12 A circular of information pertaining to the adoption of instructional materials in Oregon. Issued at the direction of the State Board of Education by Susan Castillo, State Superintendent of Public Instruction, Salem, Oregon 97310. It is the policy of the State Board of Education and a priority of the Oregon Department of Education that there will be no discrimination or harassment on the grounds of race, color, sex, marital status, religion, national origin, age or disability in any educational programs, activities, or employment. Persons having questions about equal opportunity and nondiscrimination should contact the State Superintendent of Public Instruction at the Oregon Department of Education, 255 Capitol Street NE, Salem, Oregon 97310; phone 503-947-5740; or fax 503-378-4772.The officially codified and compiled Oregon Administrative Rules are published by the Secretary of State and portions of that published compilation have copyright status. The Oregon Administrative Rules presented on these pages are not the official version of the rules published by the Secretary of State.Please direct questions to:Sue PartonInstructional Materials ServicesOregon Department of Education255 Capitol Street NESalem, OR 97310Phone (503) 947-5783Fax (503) 378-5156www.ode.state.or.us CIRCULAR OF INFORMATIONFebruary 2009TO<span style="white-space: pre;"> </span>Publishers of Instructional MaterialsFROM<span style="white-space: pre;"> </span>Susan Castillo, State Superintendent of Public Instruction, Oregon Department of Education, Salem, Oregon 97310SUBJECT<span style="white-space: pre;"> </span>Information pertaining to the forthcoming adoption of instructional materials in Oregon.In compliance with the laws of Oregon, now in force, covering the adoption of instructional materials for the schools of Oregon, I am directed by the State Board of Education to issue this circular in accordance with the provisions of the aforesaid laws.MEETINGDATEANDPLACE October 15, 2009State Board of EducationOregon Department of Education255 Capitol Street NESalem, Oregon 97310SUBJECTCATEGORIESFORBASALADOPTIONS*<span style="white-space: pre;"> </span>Category 1 Mathematics, Grades 9-12Category 2 Science, Grades K-5/6Category 3 Science, Grades 6-8Category 4 Biology, Grades 9-12Category 5 Chemistry, Grades 9-12Category 6 Earth Science, Grades 9-12Category 7 Integrated Science, Grades 9-12Category 8 Physical Science, Grades 9-12Category 9 Physics, Grades 9-12OREGON INSTRUCTIONAL MATERIALS SUMMARY FORM<span style="white-space: pre;"> </span>All publishers are required to prepare the Oregon Instructional Materials Summary Form which include documentation and analysis on their submitted instructional materials showing how they conform to the criteria adopted by the State Board of Education for the review and selection of instructional materials. Forms for preparing such summary forms are available from the State Instructional Materials Services, Department of Education. Completed summary forms must be submitted to appropriate evaluation committee members and Department of Education staff as directed by the State Instructional Materials Services. (OAR 581-011-0095-2)The proposal shall include documentation and analysis on each textbook showing how it conforms to the guidelines and criteria adopted by the State Board of Education for the review and adoption of textbooks. (ORS 337.060-2)SUBMISSION FEES<span style="white-space: pre;"> </span>ORS 337.065 requires the Department of Education to collect from each publisher or supplier who submits a proposal a fee equal to the retail price, or $50, whichever is the greater, for each textbook title or item of instructional material proposed by the publisher or supplier for review and adoption by the board. Fees are payable prior to consideration of the proposal.SUBMISSIONFORMS<span style="white-space: pre;"> </span>In order for the Department of Education to assess the proper fee, publishers or suppliers are required to complete a “Submission Form” listing the retail price of each item and the required fee. Submission forms and instructions for completing the forms may be obtained from the State Instructional Materials Services, Department of Education, 255 Capitol Street NE, Salem, Oregon 97310.<span style="white-space: pre;"> </span> *BASAL ADOPTIONSBasal instructional programs may be adopted by the State Board of Education. (OAR 581-011-0050-3)Instructional material for purposes of Oregon law is defined “…as any organized system which constitutes the major instructional vehicle for a given course of study or any part thereof. A major instructional vehicle may include such instructional items as a hardbound or softbound book or books, or sets or kits of print and non-print materials, including electronic and internet or web-based materials or media.” (OAR 581-011-0050) PROPOSAL (BID)FORMS<span style="white-space: pre;"> </span>Proposals must be submitted on forms supplied by the State Instructional Materials Services, Department of Education. These forms and instructions for completing them will be sent to those submitting materials in the adoption.The general form of proposals is substantially as follows:_______________________________________ ___________________________________<span style="white-space: pre;"> </span>Name of Company<span style="white-space: pre;"> </span>Subject/CategoryINSTRUCTIONAL MATERIALS PROPOSALTo the Oregon Department of Education, 255 Capitol Street NE, Salem, Oregon 97310.<span style="white-space: pre;"> </span> ___________________________________ DateIn compliance with the laws of the State of Oregon governing the adoption of instructional materials by the State Board of Education, we herewith submit our proposal for the supply of the instructional materials listed on the attached continuation sheets, numbered _____ to _____ inclusive, for a period of six years, or for such other time period as the Board shall designate, beginning February, 2010. The instructional materials so listed will be supplied at the prices* set opposite each in accordance with the terms of the contract.The publisher further agrees:<span style="white-space: pre;"> </span>1.<span style="white-space: pre;"> </span>To comply with all laws of the State of Oregon and rules of the Board for the distribution and handling of adopted instructional materials during the life of the contract.<span style="white-space: pre;"> </span>2.<span style="white-space: pre;"> </span>To maintain the type, binding, paper, general mechanical execution and other material aspects of the instructional materials to a quality that is equal to or better than the sample submitted to the Board with this proposal.<span style="white-space: pre;"> </span>3.<span style="white-space: pre;"> </span>To reduce in Oregon the wholesale or retail price of the instructional materials named in this proposal if there is a reduction in the wholesale or the retail price of the instructional materials during the life of the contract in any other state or territory of the United States.<span style="white-space: pre;"> </span>4.<span style="white-space: pre;"> </span>To establish and maintain a depository(s) at a place or places designated by the Board where school districts and patrons may be continually supplied with instructional materials that are adopted by the Board.<span style="white-space: pre;"> </span>5.<span style="white-space: pre;"> </span>To provide the instructional materials on the attached continuation sheet(s) at the prices listed. The continuation sheets shall specify the subject, category, and company name and shall list the author and exact title of each item of instructional material (including series title, if any), grade level, date of copyright, and prices.<span style="white-space: pre;"> </span>6.<span style="white-space: pre;"> </span>That in this proposal the wholesale price f.o.b. at publisher represents a discount from the retail list price of ___ percent and the wholesale price f.o.b. at designated state depository(s) in Oregon represents the same discount from the retail list price and that no greater discount is allowed wholesale at publisher or wholesale at state depository than at any other point in the United States by our company or any of its agents.<span style="white-space: pre;"> </span>7.<span style="white-space: pre;"> </span>To enter into a contract in conformance with this proposal and to execute a bond or an irrevocable letter of credit issued by a commercial bank in such sum as the Board may designate to secure the full and faithful performance of this contract by the publisher.<span style="white-space: pre;"> </span> *EXPLANATION OF PRICE COLUMNS IN BOTH PROPOSAL AND CONTRACT FORMS<span style="white-space: pre;"> </span>1.<span style="white-space: pre;"> </span>The wholesale price at depository is the price at which the instructional materials will be furnished to the State Board of Education and to school districts at the wholesale depository, or wholesale depositories, maintained in the state. 2.<span style="white-space: pre;"> </span>The retail price (list price) is the price at which the instructional materials will be furnished to the general public.<span style="white-space: pre;"> </span>3.<span style="white-space: pre;"> </span>The wholesale price at publishers is the price at which the instructional materials will be furnished to the State Board of Education and to school districts f.o.b. at the place of publication.<span style="white-space: pre;"> </span>4.<span style="white-space: pre;"> </span>On both the proposal and contract the wholesale at publisher price and the wholesale at depository price shall be the same thus requiring the publisher or the supplier to pay the freight to transport the contracted materials to the Oregon depository.INSTRUCTIONALMATERIALS CONTRACT FORM<span style="white-space: pre;"> </span>The general form of contracts is substantially as follows:THIS AGREEMENT is entered into on the ______ day of ______________, 20__, between the State Board of Education of the State of Oregon, hereafter referred to as the Board, and _________________________, a firm or corporation, hereafter referred to as the publisher.Pursuant to ORS Chapter 337, the Board had a meeting on the ____________ day of October, ______, and adopted the instructional materials described below for use in all public school districts in Oregon, except as provided under ORS 337.141, for six years beginning on the first day of February, 2010.The instructional materials are authorized by the Board for use in public school districts in the State of Oregon and are included in the list of instructional materials circulated by the Superintendent of Public Instruction under ORS 337.030.The publisher agrees to make available for sale in the State of Oregon during the term of this contract the attached instructional materials to Oregon public school districts in sufficient quantity, as needed, and of a quality of type, binding, paper, general mechanical execution and other material aspects equal to or better than the sample submitted to the Board by the publisher with the publisher’s written proposal.(Here set out on attachment of the contract the author and title of the instructional materials, date of copyright, wholesale price at depository, retail/list price, wholesale price at publisher, together with explanations of terms as set forth in the proposal forms.)The publisher agrees to prepare and submit, on or before February 1, 2010 a National Instructional Materials Accessibility Standards (NIMAS) file set to the National Instructional Materials accessibility Center (NIMAC) that complies with the terms and procedures set forth by NIMAC. Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS file sets of the purchased products to NIMAC. The files will be used for the production and use of alternate formats as permitted under the law. The publisher agrees to establish and maintain during the period of this contract in the State of Oregon any depositories designated or required by the Board in order to meet the needs of Oregon school districts.The publisher agrees to comply with the laws of the State of Oregon and the rules of the Board relating to the adoption, place of deposit, and sale of instructional materials in Oregon public school districts.The publisher agrees not to charge or sell these instructional materials in Oregon during the term of this contract at a price greater than is charged for such instructional materials in any other state or territory of the United States. If the publisher reduces the price of the instructional materials in any other state or territory, it shall provide a corresponding reduction in the price offered to Oregon public school districts.Upon execution of this contract, the publisher agrees to furnish a good and sufficient surety bond or an irrevocable letter of credit issued by a commercial bank in the sum of $10,000, payable to the State of Oregon for the full and faithful performance of the publisher’s obligations under this contract. The publisher’s execution of a surety bond or irrevocable letter of credit shall not limit the publisher’s liability to the State of Oregon, any public school district or any other person for failure of the publisher to comply with any terms of this contract.The Board may terminate this contract in whole or in part by written notice of default (including breach of contract) to the publisher if the publisher fails to perform any of the publisher’s obligations under this contract in accordance with its terms, and after receipt of written notice from the State Superintendent of Public Instruction, fails to correct such failures within 10 days or such longer periods as the State Superintendent may authorize. The rights and remedies of the Board provided in this paragraph relating to defaults by the publisher shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.The publisher shall defend, save and hold harmless the State of Oregon, the Board, the Department of Education, its officers, agents and employees, from all claims, suits or actions resulting from or arising out of the activities of the publisher or its subcontractors, agents or employees under this contract.The State Board of Education and the publisher hereto have caused the contract to be executed the day and date first written above. BONDKNOW ALL MEN BY THESE PRESENTS that we______________________, as principal, and as surety are held and firmly bound unto the State of State of Oregon in the full sum of ten thousand dollars ($10,000), lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents.Signed, sealed and dated this _______ day of __________________________, 2010.THE CONDITIONS of the above obligations are such that, whereas, by virtue of and pursuant to the laws of the State of Oregon, the State Board of Education has adopted certain instructional materials for use in the public schools of the State of Oregon, and entered into a contract with the above bounden principal for furnishing the adopted materials for use in the public schools of said State, dated October 15, 2009, which contract by this reference is made a part hereof, as fully as if set forth herein.NOW, THEREFORE, if the said principal shall well and truly keep and in all respects fully perform the said contract with the State Board of Education, and shall keep and maintain all of said books and/or instructional materials and the depositories for the sale thereof in accordance with the provisions of the laws of the State of Oregon and of said contract, at the prices therein specified, for the period set forth in the said contract, and shall during said period in all respects comply with the provisions of said contract and with the rules and regulations of the State Board of Education and laws of the State of Oregon aforesaid, then this obligation shall be void, otherwise to remain in full force and effect.IN WITNESS WHEREOF, we, the said principal and the said surety, have executed these presents the day and year first above written.________________________________________________________________________________________________ __________________________________________<span style="white-space: pre;"> </span> Principal<span style="white-space: pre;"> </span> __________________________________________<span style="white-space: pre;"> </span> Surety OREGON REVISED STATUTES (ORS) RELATING TOADOPTION OF INSTRUCTIONAL MATERIALS* 337.030<span style="white-space: pre;"> </span>Annual circular to school textbook publishers.<span style="white-space: pre;"> </span>The Superintendent of Public Instruction shall, under the direction of the State Board of Education, mail a copy of a circular to all the leading school textbook publishers in the United States. The circular shall contain:<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>The name and address of the State Board of Education.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>The time and place of meeting of the board to review and adopt textbooks.<span style="white-space: pre;"> </span>(3)<span style="white-space: pre;"> </span>The general form of the proposal to be followed by publishers in submitting textbooks for review and adoption.<span style="white-space: pre;"> </span>(4)<span style="white-space: pre;"> </span>The general form of contract to be entered into between the board and a publisher whose textbooks may be adopted.<span style="white-space: pre;"> </span>(5)<span style="white-space: pre;"> </span>The branches of study for which textbooks are to be adopted.<span style="white-space: pre;"> </span>(6)<span style="white-space: pre;"> </span>The statutory provisions relating to the review and adoption of textbooks.<span style="white-space: pre;"> </span>(7)<span style="white-space: pre;"> </span>Such additional information as may be considered useful.337.035<span style="white-space: pre;"> </span>Establishment of guidelines and criteria for review and selection of textbooks and instructional materials; rules.<span style="white-space: pre;"> </span>The State Board of Education by rule shall establish guidelines and criteria for the review and selection of textbooks and other instructional materials to be placed on the list adopted under ORS 337.050.337.050 List of textbooks and instructional materials.<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>The State Board of Education shall review and adopt, for periods established by the board, a list of textbooks and other instructional materials for use by school districts. The list shall contain, whenever possible: (a) More than one textbook selection for each grade and subject field in the standard curriculum for which, in its judgment, textbooks are required; and (b) More than one instructional material selection for each grade and subject field in the standard curriculum for which, in its judgment, instructional materials are required.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>The State Board of Education shall consider the best educational interests of the students as well as the most economical method of purchasing textbooks and instructional materials in setting periods for textbook and instructional materials review and adoption.<span style="white-space: pre;"> </span>(3)<span style="white-space: pre;"> </span>The board shall refrain from adopting any textbook or instructional materials in a subject field whenever it finds that no textbook or instructional materials can be documented as meeting, to the degree determined by the board, the guidelines and criteria established by the board for textbooks and instructional materials.<span style="white-space: pre;"> </span>(4)<span style="white-space: pre;"> </span>The board may approve the request of a publisher to substitute a more recent edition of any officially adopted textbook or item of instructional material in lieu of the edition or item adopted by the board.337.060 Submission of proposals by publishers.<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>The proposals of each publisher shall be submitted to the Department of Education in writing and shall be responsive to the requirements of ORS 337.030 (3) and (4), and such other information relating to the terms and conditions under which the publisher proposes to furnish textbooks as the State Board of Education may require.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>In addition to the material required under subsection (1) of this section, the proposal shall include documentation and analysis on each textbook showing how it conforms to the guidelines and criteria adopted by the State Board of Education for the review and adoption of textbooks.337.065 Publisher fee.<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>The Department of Education shall collect from each publisher or other supplier who submits a proposal under ORS 337.060 a fee equal to the retail price, or $50, whichever is the greater, for each textbook title or item of instructional material proposed by the publisher or supplier for review and adoption by the board. Fees are payable prior to consideration of the proposal.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>The moneys received under subsection (1) of this section shall be paid into the State Treasury and placed to the credit of the Department of Education. The moneys are continuously appropriated to meet expenses incurred under this chapter.337.075<span style="white-space: pre;"> </span>Adoption or rejection of proposals.<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>The State Board of Education may adopt or reject any textbook contained in any proposal. If the terms and conditions for furnishing a textbook in all proposals relating to that textbook are considered by the board to be unreasonable or the textbook is considered to be unsuitable pursuant to guidelines and criteria established by the board, the board may reject the textbook.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>At the same or subsequent sessions, the board may receive new proposals for a textbook previously rejected and adopt the textbook in the same manner as other textbooks are required to be adopted. No proposal shall be considered unless the publisher has delivered without charge two copies of each textbook contained in the proposal to the Department of Education at least 60 days before the meeting.337.080<span style="white-space: pre;"> </span>Report of textbook and instructional materials adoptions.<span style="white-space: pre;"> </span>The State Board of Education shall immediately report to the public the textbooks and instructional materials that have been adopted and placed on the list under ORS 337.050. The report shall be signed by the chairperson of the board.337.090<span style="white-space: pre;"> </span>Contract with publisher, terms; security breach; remedies. (1)<span style="white-space: pre;"> </span>The State Board of Education, as soon as practicable, shall enter into a written contract with each publisher the textbook of which has been adopted. The contract shall require the publisher to maintain at least one depository to be designated by the board, where such textbooks may be purchased and to furnish such textbooks according to law and the conditions named in the proposal.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>The board shall take from each publisher entering into a contract a good and sufficient bond, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in such sum as stipulated damages as the board may determine, payable to the State of Oregon for the benefit of the Common School Fund, executed by the publisher as obligor together with a surety company authorized to do business in this state as surety and approved by the board, for the full and faithful performance of the contract.<span style="white-space: pre;"> </span>(3)<span style="white-space: pre;"> </span>If any publisher fails to carry out the provisions of the contract on the part of the publisher, or, with intent to evade the provisions of the contract, sells any of the textbooks in this state at prices higher than specified in the contract of the publisher, the board may, on behalf of the state, rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provision of the publisher’s bond or letter of credit.337.100<span style="white-space: pre;"> </span>Circular of adopted textbooks and instructional materials.<span style="white-space: pre;"> </span>The Superintendent of Public Instruction shall, under the direction of the State Board of Education, issue a circular giving the full title of each textbook and a description of the instructional materials adopted by the board and placed on the list under ORS 337.050. The circular may include such other information as the board may consider useful.337.110<span style="white-space: pre;"> </span>Selection of substitute or additional textbooks and instructional materials.<span style="white-space: pre;"> </span>If at any time during the period for which a textbook or other instructional materials is on the approved list adopted under ORS 337.050, it becomes necessary for the State Board of Education to adopt any textbook or other instructional material instead of those regularly adopted, the chairperson of the board may call a special session of the board. It may, upon convening adopt such textbook or other instructional material in the same manner as other textbooks or other instructional materials are required to be adopted; except the Superintendent of Public Instruction need not in such case cause circulars described in ORS 337.030 to be sent to publishers.337.120<span style="white-space: pre;"> </span>School board adoption and use of approved textbooks and instructional materials.<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>Except as otherwise provided by ORS 337.141, the district school board, with the assistance of teachers and administrators of the district, shall adopt textbooks and other instructional materials for each grade and subject field for which instruction is provided by the district school board from the approved list. The district school board shall involve parents and citizens in the process.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>The district school board shall cause the books or materials, according to titles, so adopted to be used in its schools at the beginning of the next school year following the state adoption, except when, pursuant to rules of the State Board of Education, the district school board is authorized by the Superintendent of Public Instruction to postpone such use for a reasonable period of time.337.141 Textbook and instructional materials adoption and use by school boards.<span style="white-space: pre;"> </span>Upon prior notice to the State Board of Education, the district school board of any school district may adopt and use textbooks or other instructional materials in place of or in addition to those adopted by the State Board of Education provided they meet the guidelines and criteria established by the State Board of Education.337.150<span style="white-space: pre;"> </span>School board and charter school duty to provide textbooks<span style="white-space: pre;"> </span>(1)<span style="white-space: pre;"> </span>Subject to ORS 339.155, each district school board shall provide textbooks, prescribed or authorized by law, for free use by all resident public school pupils enrolled in kindergarten through grade 12.<span style="white-space: pre;"> </span>(2)<span style="white-space: pre;"> </span>Subject to ORS 339.155, each public charter school as defined in ORS 338.005 shall provide textbooks, prescribed or authorized by law, for free use by all pupils enrolled in the public charter school.337.260<span style="white-space: pre;"> </span>Textbooks on American history and government.<span style="white-space: pre;"> </span>Every district school board, the State Board of Education and every committee or officer responsible for the adoption of textbooks for use in the public schools shall adopt textbooks on American history and government which adequately stress the services rendered by those who achieved our national independence, who established our form of constitutional government and who preserved our federal union. Respect for all people, regardless of race, color, creed, national origin, age, sex, or disability, and their contributions to our history and system of government shall be reflected in the textbooks adopted by the State Board of Education.</p>
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