7 Miss. Code. R. 11-Three-8

Current through December 10, 2024
Section 7-11-Three-8 - CONTRACTS WITH THE STATE OF MISSISSIPPI

The bidder, or bidders, to whom contracts are awarded, shall be required to provide three copies of the Official Mississippi Textbook Contract without change, addition, or modification. Publishers must also, make and execute a sufficient bond (executed in triplicate, Miss. Code Ann. § 37-43-25) payable to the State of Mississippi with a surety thereon. If changes are made to the ownership of the original contract during the adoption period, a statement of novation is required to continue the contract. The amount of said bond as fixed by the SBE is $2,500 plus $500 per title or grade level. Publishers shall execute the sufficient bond by the date specified.

The bidder or bidders to whom contracts are awarded by the State of Mississippi shall be required to execute contracts with the regional depository for the distribution of adopted instructional materials.

NOTE: A stock of textbooks sufficient to meet all reasonable and immediate demands shall be held at the regional textbook depository.

Publishers shall submit for adoption textbooks that will be available in ample supply on July 1st of the fiscal year after the adoption. It is the responsibility of the publisher to meet with regional depository personnel prior to the implementation of the contract to ensure that adequate copies of the adopted textbooks are on hand at the regional depository to meet anticipated needs. Publishers are required to sign a contract with the regional depository prior to July 1st.

Publishers/vendors with state-adopted textbooks are required to provide teacher editions, if published, to accompany the pupil editions requisitioned by the school district. One teacher edition per certified teacher per classroom is required. This requirement includes special education teachers, Advanced Placement teachers, and alternative education teachers.

A. MANUSCRIPT/GALLEY PROOF

If the finished textbook is not available by the date designated on the Adoption Calendar for Publishers, a publisher may submit a manuscript/galley proof.

However, a bound official sample SHALL be filed with the MDE by 5:00 p.m. on the day preceding the adoption declaration by the SBE. Failure to meet this deadline will result in the textbook being removed from consideration for adoption. If the finished textbook becomes available after the manuscript/galley has been submitted, but before the presentation of the said textbook to the committee, the publisher's representative may hand deliver the finished textbook to the committee and pick up the manuscript/galley. When a manuscript/galley is submitted for review by the committee, no substantive changes may be made in the content. (Minimum changes may be made that do not affect the compatibility of textbooks.) The MDE reserves the right to review and grant permission before any change can be made.

B. ADOPTION PERIOD

The schools of Mississippi follow a five (5) year adoption cycle with the right of the board, in its discretion, to renew or extend the contract from year to year for a period not exceeding two (2) additional years (Miss. Code Ann. § 37-43-19(c)). Textbooks adopted by the SBE will go under contract the following July 1st.

C. DURING THE ADOPTION PROCESS

When a company has bid an item during the adoption process for sale or to be given with the product, it must sell the product for the full catalog price. If the item is specific to the state, then it cannot be given or sold until after the adoption process is complete.

D. SUBSTITUTIONS DURING CONTRACT PERIOD

The SBE permits a publisher to substitute an updated copyright at any time after an adoption or during a contract period provided the following conditions are met:

1. The substitution request is submitted in writing along with one copy of the revised student and teacher editions along with a revised FORM B or FORM M with no more than ten (10) percent of changes.
2. The MDE will convene an internal review committee to review the substitution request.
3. The textbook is compatible and may be used in the same classroom as the previous copyright.
4. There will be no price increase in the contracted amount.
5. Publishers keep in print the original (old) copyright for an adoption and make available the substitution (new) copyright so that either copyright can be available to the schools for purchase and flexibility. Exceptions will be made on a book-by-book situation especially in Advanced Placement (AP) courses.
6. The new copyright must also have new teacher materials/resources or must be compatible with the old copyright.
7. Substitution requests shall not be submitted within one year of contract expiration or extensions.

7 Miss. Code. R. 11-Three-8

Amended 9/25/2023