W. Va. Code R. § 126-36-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-36-7 - State Requirements

7.1. Official Samples - The WVDE reserves the right to request an official state sample (to be reviewed by the WVBE) at any time during the contract period, not to exceed eight years. If requested, the mailing cartons shall be marked "Official Copy." Each sample item must be marked "Official Copy." Each vendor shall designate the "SUBJECT" and "COURSE TITLES" or "GRADE LEVEL(S)" on the outside front cover of each sample. All samples submitted for bid shall meet the manufacturing specifications for the particular item.

7.2. Warranty of instructional resources including print materials, electronic resources and systems, and kit-based instructional materials - Vendors shall comply with warranty requirements as noted in Section 5.14.

7.2.a. Print materials - Vendors shall mail or send electronically a Form B Warranty for each instructional material to the WVDE Coordinator of Instructional Resources within 60 days from the date of notification that the material has been approved for recommendation to the WVBE for inclusion on the Official Multiple Listing of Approved Materials. Bids can be accepted and approval granted for the adoption of softbound books; however, soft covers are generally prohibited above grade 2, unless the hardcover edition accompanies the soft cover edition to give counties a selection option. (Conditions noted in Section 5.13 must be followed.)

7.2.b. Instructional Materials - Instructional materials (systems of), or combinations of books and supplementary materials, shall meet the warranty/replacement requirements (Section 5.13). (Form M Warranty must be mailed to the WVDE Coordinator of Instructional Resources. Form M Warranty is included in the MSST book which is available through the Advisory Commission on Textbook Specifications.)

7.2.c. Learning Technologies - Learning technologies shall meet the warranty/replacement requirements (Section 5.13) with exceptions for justifiable circumstances. For example, if a vendor bids a DVD player as part of the solution package, and the normal warranty on the equipment is less than six years, it must be noted. In the case of learning technologies, it shall be sufficient for vendors to provide access via a web-hosted online format and password; vendors shall not be required to provide computer hardware.

7.3. Learning technology vendors may not bid the appropriate hardware needed for utilization of the curriculum solution, unless the instructional content is not technically designed to be, or cannot easily or cost effectively be, separated from such device.

7.4. The vendor must provide the necessary equipment and associated peripherals (see conditions noted in Section 7.3) with the curriculum material for committee members to have adequate time to review product. In the case of learning technologies, it shall be sufficient for vendors to provide access via a web-hosted online format and password; vendors shall not be required to provide computer hardware; however, if such hardware is provided by the vendor, it shall be provided for the duration of the review only.

7.4.a. Vendors must make technology materials and equipment operational during the entire review process including presentations, deliberations, and/or appeals.

7.4.b. When a vendor is completing the General and Specific Criteria forms, the following mandatory procedures must be met. Failing to do so could result in disqualification of product.

7.4.b.1. The vendor must reference where the General and Specific Criteria are found.

7.4.b.2. References must be given in the following manner on the Criteria forms:

7.4.b.2.A. For printed text materials, reference page number, paragraph, etc.

7.4.b.2.B. For multimedia material, reference exact chapters, frame numbers or time sequences, or provide some other specific digital navigation point such as a URL, and provide step by step "flow chart type" instructions for starting and utilizing the accompanying software, CD-ROM, and/or any other component or material that is necessary to locate the criteria addressed.

7.4.b.2.C. The same types of appropriate locations (as above in item "B") must also be noted for other software or courseware.

7.4.b.3. If the material does not address the Criteria, this must also be noted on the forms as a "No."

7.4.b.4. Completed General and Specific Criteria forms for primary source materials and the "Instructional Materials Product Inventory" must be sent to the committee members for the review samples. These criteria and inventories are to be sent under separate cover.

7.4.b.4.A. An electronic copy of the completed General and Specific Criteria forms for primary source materials must be sent to the WVDE Coordinator of Instructional Resources. Acceptable forms in which the electronic version may be sent will be included in the call for materials information made available on the Instructional Materials website.

7.5. Liability - The State of West Virginia shall not be liable in any sum on account of any contract made in pursuance of the provisions hereof.

W. Va. Code R. § 126-36-7