DAR File No. 42322
This rule was published in the December 1, 2017, issue (Vol. 2017, No. 23) of the Utah State Bulletin.
Instructional Materials Commission Operating Procedures
Notice of Proposed Rule
DAR File No.: 42322
Filed: 11/13/2017 09:18:54 AM
Purpose of the rule or reason for the change:
Rule R277-469 is amended to provide clarification to provisions regarding the book depository, and provide technical and conforming changes.
Summary of the rule or change:
Rule R277-469 is amended to provide clarification to provisions regarding the book depository that includes new and updated definitions, revised terminology, and technical and conforming changes in accordance with the Rulewriting Manual for Utah.
Statutory or constitutional authorization for this rule:
- Section 53A-14-101
- Art X Sec 3
- Section 53A-1-401
- Section 53A-14-107
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-469 will likely not result in a cost or savings to the state budget. The changes update procedures regarding the book depository to provide clarification.
The amendments to Rule R277-469 will likely not result in a cost or savings to local governments. The changes update procedures regarding the book depository to provide clarification.
The amendments to Rule R277-469 will likely not result in a cost or savings to small businesses. The changes update procedures regarding the book depository to provide clarification. There is no change to existing costs resulting from the rule amendments.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-469 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The changes update procedures regarding the book depository to provide clarification.
Compliance costs for affected persons:
The amendments to Rule R277-469 will likely not result in any compliance costs for affected persons. The changes update procedures regarding the book depository to provide clarification.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. There is no change to existing costs resulting from the rule amendments.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-469. Instructional Materials Commission Operating Procedures.
2]. Authority and Purpose.
A.] This rule is authorized [ under]
Utah Constitutional Article X, Section 3
which vests general control and supervision over public
education in the Board[
which directs the Board to appoint an Instructional
Materials Commission and directs the Commission to evaluate
instructional materials for recommendation by the Board[
which directs the Board to make rules that establish the
qualifications of the independent parties who may evaluate and map
the alignment of the primary instructional materials and
requirements for the detailed summary of the evaluation[
and its placement on a public website, and by Section
53A-1-401(3) which allows the Board to make rules in accordance
with its responsibilities].
B.] The purpose of this rule is to
provide definitions, operating procedures and criteria
for recommending instructional materials for use in Utah public
The rule also] provide[ s] for mapping and alignment of primary
instructional materials to the Core consistent with Utah law[ .]
A. "Advanced placement materials" means materials
used for the College Board Advanced Placement Program and classes.
The program policies are determined by representatives of member
institutions. Operational services are provided by the Educational
Testing Service. The program provides practical descriptions of
college-level courses to interested schools and student test
results based on these courses to colleges of the student's
choice. Participating colleges grant credit or appropriate
placement, or both, to students whose test results meet standards
prescribed by the college. B. "Basic skills course" means a subject which
requires mastery of specific functions to include reading,
language arts, mathematics through geometry, science, in grades 4
through 12, and effectiveness of written expression. C. "Board" means the Utah State Board of
Education. D.] "Commission" means the Instructional Materials
E.] "Curriculum alignment" means the assurance
that the material taught in a course or grade level matches the
standards, [ objectives] and assessments set by the state [ or school district] for specific courses or grade
F. "Curriculum map" means a visual representation
listing topics in the instructional materials that are correlated
to the standards, objectives and indicators of the Utah
Core. G.] "Instructional materials" means
systematically arranged content in text, digital, Braille and large
print, [ and]
audio format which may be used within the state
curriculum framework for courses of study by students in public
online or internet courses[
CDs or DVDs[
multiple forms of communication media.
Such] materials may be used by students or teachers or both as
principal sources of study to cover any portion of [ the] course.
1]) [ shall be] designed for student use;[ and]
2]) may be accompanied by or contain teaching guides and
3]) shall include all textbooks, workbooks
[ and ]student materials [ and ]supplements necessary for a student
to fully participate in coursework; and
4]) shall be high quality, research-based [ and proven to be effective in] supporting student learning.
H.] "Independent party" means an entity that is
not the superintendent of public instruction or
USOE] staff[ ,][ or]
an employee or
board member of [
a school district]
[ ,][ or]
instructional materials] creator or publisher
[ ,] or
anyone with a financial interest [
in the instructional materials], however minimal
.] "Integrated instructional program" means any
used for classroom instruction of students].
J.] "Instructional materials provider" means a
publisher or author and self-publisher who sells or provides
instructional materials for use in Utah public schools.
K. "International Baccalaureate" means college
level work, limited in subject areas, which balances humanities and
sciences in an interdisciplinary, global academic program that is
both philosophical and practical. This multi-cultural experience
emphasizes analytical and conceptual skills and aesthetic
understanding for advanced students.
L.] "National Instructional Materials Access Center
[ (]NIMAC[ )]" [ is a central national repository established at the
American Printing House for the Blind (APH) to store and to
maintain NIMAS file sets. It features an automated system for
allowing publishers to deposit NIMAS-conformant files within the
repository. Files are checked at the Utah State Instructional
Materials Access Center (USIMAC), as defined in R277-469-1S, to
confirm that they are valid NIMAS-conformant files and then
cataloged in a web-based database. Those who have been authorized
for access have user identifications and passwords. These
authorized users may search the NIMAC database and directly
download the file(s) they need to convert into accessible
instructional materials for those students who are in elementary
and secondary schools and have qualifying disabilities.]
M.] "National Instructional Materials Accessibility
[ (]NIMAS[ )]" [ is a technical standard used by publishers to produce
consistent and valid XML-based source files that may be used to
develop multiple specialized formats, such as Braille, large print,
digital, or audio books, for students with print
N. "Not recommended materials" means
instructional materials which have been reviewed by the Commission
but not recommended.
O.] "Primary instructional material" means a
comprehensive basal or Core textbook or integrated instructional
program for which a publisher seeks a recommendation for Core
subjects designated in
R277-700-4[ , 5, and 6]
P. "Public website" means a website designated by
the USOE provided by the publisher of instructional materials,
free-of-charge, to teachers and the general public, to exhibit
alignment and mapping to the Core for Utah primary instructional
materials. Q.] "Recommended instructional materials
[ (]RIMs[ )]" means the recommended instructional
materials searchable database provided as a free service by the [ USOE]
for the posting of evaluations and alignments to the
Core of instructional materials submitted by publishers [ and on the public website of the publisher, if
applicable,] for review by the Commission and approval of
R. "State Core Curriculum (Core)" means minimum
academic standards provided through courses as established by the
Board which shall be completed by all students K-12 as a requisite
for graduation from Utah's secondary schools. The Core is
provided in R277-700. S.] "Utah State Instructional Materials Access Center
[ (]USIMAC[ )]" [ is a center that receives NIMAS electronic file sets and
produces them in the accessible alternate format required by
students with print disabilities].
T. "USOE" means the Utah State Office of
R277-469-3. Use of State Funds for Instructional Materials.
A. School districts may use funds:]
(1) for any primary supplemental or supportive instructional materials that support Core requirements.
for] instructional materials [ selected and approved by a school or school
district] consistent with
the standards of this [
a]) [ consistent with ]established local board
procedures and timelines;[ and]
b]) [ consistent with] Section 53A-13-101(1)(c)(iii); [ or]
c]) [ consistent with] Section 53A-14-102(4).
[ S]chool[ s] or school district[ s] that use any funding source to purchase materials that have not
been recommended or selected consistent with
law, may have funds withheld to the extent of the
actual costs of those materials pursuant to Section 53A-1-401[ (3)].
C. Free instructional materials:]
that are used as
primary instructional materials or that are part of primary
integrated instructional programs [ shall be] subject to the same independent party
evaluation and Core mapping as basal or Core material[ ; or]
2]) [ if] free materials [ are provided] as part of a supplemental program,
may [ be ]use[ d]
as student instructional materials only
consistent with the law and this [rule ; and]
(3) shall be reviewed and recommended by the Commission or
by a school in a public meeting consistent with Section
53A-14-102(4), prior to their use. D. Charter schools are exempt from Section 53A-14-107.
Despite this exemption and consistent 34 CFR 300.172(c) (2007
edition), hereby incorporated by reference, all public schools
subject to a state education agency that contracts with NIMAC
require publishers with whom the public schools under the control
of the state education agency contract to prepare and, on or before
delivery of the print instructional materials, provide to NIMAC
electronic files containing the contents of the print instruction
materials using the NIMAS or purchase instructional materials from
the publisher that are produced in, or may be rendered in,
E. Notice to publishers]
[ All traditional and charter public schools shall be
responsible for notifying] all publishers with
whom the[ y]
contract for instructional materials [ beginning October 1, 2008] that all materials
shall be provided consistent with [ R277-469-3D].
2]) [ Traditional and charter schools] shall include a copy of
R277-469[ , drawing publishers' attention to this provision of
the rule, with the notice to publishers from whom the schools
purchase materials. (3) Schools shall provide publishers with timely notice of
R277-469-4. Instructional Materials Commission Members Terms of Service.
A.] [ Members shall be appointed from categories designated
in] Section 53A-14-101.
[ M]ember[ s]
[ of the Commission] shall serve four year terms,
staggered to ensure continuity in the efficient operation of the
M]ember[ s] may apply for reappointment [ for] one additional term.
C.] The Commission may establish subcommittees as
R277-469-5. Commission Review of Materials.
[ The primary] focus [ of instructional materials] review [ shall be ]materials used in subjects aligned with
Core requirements to include reading, language arts, mathematics
through geometry, science, in grades 4 through 12, and
effectiveness of written expression, and other Core subject areas
as assigned by the Board.
[ S]ubject areas and timelines for review [ shall be determined by the Commission ]based on
needs and requests, [ and ]using forms and procedures provided by the [ USOE].
C. Commission review of material takes place at least
R277-469-6. Review and Adoption Categories.
Materials may be considered for review by the Commission
and designated under the following categories. They may be
purchased with state funds and used consistent with this
A. Recommended Primary: Instructional materials
that: (1) are in alignment with content, philosophy and
instructional strategies of the Core; (2) have been mapped and aligned to the Core, consistent
with Section 53A-14-107 after the 2012-2013 school year; (2) are appropriate for use by students as principal
sources of study; (3) provide comprehensive coverage of course content;
and (4) support Core requirements. B. Recommended Limited: Instructional materials that are
in limited alignment with the Core requirements or are narrow or
restricted in their scope and sequence. If school districts or
schools select and purchase materials designated under this
category, it is recommended that they have a plan for using
appropriate supplementary materials assuring coverage of Core
requirements. C. Recommended Teacher Resource: Instructional materials
that are appropriate as resource materials for use by
teachers. D. Recommended Student Resource: Instructional materials
aligned to the Core that are developmentally appropriate, but not
intended to be the primary instructional resource. These
materials may provide valuable content information for
students. E. Reviewed, but not Recommended: Instructional materials
that may not be aligned with the Core, may be inaccurate in
content, include misleading connotations, contain undesirable
presentation, or are in conflict with existing law and rules.
School districts are strongly cautioned against using these
materials. F. Not Sampled: Instructional materials that were included
in the publisher bid but were not sampled to the USOE or the
7]. Criteria for Recommendation of Instructional Materials
Following Mid-Party Evaluation of Core Curriculum.
A. Instructional materials shall:]
1]) [ be]
consistent with Core requirements [ or both];
2]) [ if used as primary materials, be] mapped and aligned to the Core [ consistent with Section 53A-14-107] and state
adopted assessments [ as applicable for the 2012-2013 school year];
3]) [ be] high quality, research-based
and proven to be effective in supporting student
4]) provide an objective and balanced viewpoint on
5]) include enrichment and extension possibilities;
6]) [ be] appropriate to varying levels of learning;
7]) [ be] accurate and factual;
8]) [ be] arranged chronologically or systematically, or both;
9]) reflect the pluralistic character and culture of the
American people and provide accurate representation of diverse
10]) [ be] free from sexual, ethnic, age, gender or disability bias
and stereotyping; and
11]) [ be] of acceptable technical quality.
ublisher[ s], when submitting new primary material to be
evaluated by the [ USOE]
, shall submit an electronic version
in NIMAS file format [ of that material] to [ the National Instructional Materials Access Center
(]NIMAC[ )] for use in conversion into Braille, large
print, and other formats for students with print disabilities.
C. USOE review:]
1]) The [ USOE] may require a
[ school district] to provide a report of instructional materials purchased
by the [ school district] or a school in the previous five years.
2]) The [ USOE] may initiate a formal or informal audit of
instructional materials purchased to determine purchase or use of
instructional materials consistent with the law or this rule.
. Agreements and Procedures for [ School Districts].
A.] A local board shall establish a policy for [ school district and school ]selection and purchase
of instructional materials.
B.] As part of any materials adoption process or procurement
contract for the purpose of purchasing instructional materials, an
LEA shall provide instructional materials to all students,
including blind students and other students with disabilities, in a
1]) A publisher may provide materials in electronic files to
NIMAC to make materials available to eligible students.
LEA[ s] shall include NIMAS contract language in all
contracts with publishers for Core materials.
LEA[ s] may purchase instructional materials from the
publisher that are produced in, or may be rendered in, specialized
formats for eligible students.
[ The] detailed Core curriculum alignment [ shall be required ]prior to the purchase of
primary instructional materials[ by public schools and school districts purchased for the
2012-2013 school year].
9]. Qualifications for Core Curriculum Alignment Independent
Independent parties required to meet mapping and alignment
requirements for the 2012-2013 school year shall use
reviewer(s)/employee(s) who meet the following minimum
(1) have] a degree or an endorsement specific to
the subject area of the primary instructional materials.[ For example, a reviewer who is aligning an American
literature text shall have an English endorsement or degree; a
reviewer who is mapping a calculus text shall have a mathematics
endorsement or a related mathematics degree. The USOE shall make
available to independent parties a list of acceptable endorsements
or degrees that shall be current and valid for appropriate review
of materials; and (2) shall post documentation of credentials and
endorsements on a public website designated by the USOE as required
under Section 53A-14-107(3)(b).]
10]. Detailed Summary Requirements.
Independent parties required to meet mapping and alignment
requirements for the 2012-2013 school year shall provide to the
publisher a detailed summary of the evaluation. The summary
shall: A. be provided on a public website required under Section
53A-14-107(3)(b) designated by the USOE;]
B. submit the summary in the alignment template provided by
the USOE; C. submit the summary in a searchable, software database
format designated by the USOE;]
include detailed alignment information that includes at a minimum:
1]) the title of the material;
2]) the ISBN number;
3]) the publisher's name;
4]) the name[ /]
grade of the Core document used to align the
5]) the overall percentage of coverage of the Core;
6]) the overall percentage of coverage in ancillary
resources of the material to the Core;
7]) the percentage of coverage of the Core in the material
for each standard, objective and indicator in the Core with
corresponding page numbers;
8]) percentage of coverage of the Core not covered in the
material but covered in the ancillary resources for each standard;
9]) objective and indicator in the Core with corresponding
E.] provide the detailed alignment information listed in [ R277-469-10D(4)] for the student text for all editions of
the text that are used in Utah public schools;
F.] provide the detailed alignment information listed in [ R277-464-10D(4)] for a teacher edition of text, if a
teacher edition is used in Utah public schools;
G. designate at the conclusion of the alignment document,
the reviewer's evaluation of the material's alignment to
the Core curriculum on a scale of 1-10, with 10 indicating the
closest alignment to the Utah Core curriculum; and H.] provide an assurance, including a personal [ (electronic is adequate)] signature
that the work was completed personally and as required by
the licensed and endorsed reviewer.
1]. Agreements and Procedures for [ Publishing Companies].
A.] [ Beginning with the 2012-2013 school year,publishing
companies] desiring to sell primary instructional materials
to Utah school districts [ and schools ]shall
[ : (1) contract with an independent party who meets the
requirements in R277-469-9 to align and map the primary
instructional material and related ancillary materials to the
appropriate Utah Core with the following provisions: (a) the publisher provides a detailed summary of the Core
alignment and mapping as described in R277-469-10 at no charge;
and (b) the publisher pays the costs associated with the
requirements of Section 53A-14-107. (2) The requirements under R277-469-9-A(1) shall only be
performed by entities consistent with Section
seeking to sell recommended materials to Utah
schools or school districts shall have [ all] books and tangible adopted materials
at an instructional materials depository in
the business of selling instructional materials to schools or
school districts in Utah.
[ D]epository agreement[ s] [ may be made between publishers of materials and]
one or more depository.
[ T]he provisions of [ R277-469-11 shall not preclude publishers from]
sell[ ing] instructional materials to schools or school
districts in Utah directly or through means other than [ the]
D]igital and online resources [ do not require storage in a depository ]within the
state, but shall guarantee timely resource availability of a placed
order and shall [ be ]provide[ d]
E. Comparable materials shall be prepared for students with
disabilities in a timely manner. F. Recommended materials with revisions:]
1]) If a revised edition of recommended materials retains the
original title and authorship, the publisher may request its
substitution for the edition currently recommended providing
(a) the original contract price and contract date do not change and the original contract price applies for the substituted materials;
(b) the revised edition is compatible with the earlier edition, permitting use of either or both in the same classroom;
(c) a sample copy of the revised edition
is provided to the [
USOE Instructional Materials Specialist] for examination purposes;
(d) the publisher submits a revised
electronic edition in NIMAS file format to the [
National Instructional Materials Access Center
(]NIMAC[ )] if the [ USOE] approves the substitution request[ ; and]
2]) The Commission shall make the final determination about
the substitution of a new edition for a previously recommended
edition with assistance from the [ state subject area specialist].
G.] A publisher's contract price for materials
recommended by the Commission
shall apply for five years from the contract
2]. Request for Reconsideration of Recommendation.
A. A request for reconsideration is an additional
opportunity provided to a school district, school or publisher for
review of instructional materials when the school district, school
or the publisher disagrees with the initial Commission
recommendation. B. The request for reconsideration procedure is as
school district, school or publisher [ shall receive] the evaluations and recommendations
from the [ USOE of the] initial review
(2) A school district, school or publisher
shall have 30 days to respond to the evaluation
and] request to have materials reviewed again during
next review cycle.
During the period of the reconsideration request,
shall be marked as tentative and shall not be given
materials [ shall not be posted ]to [ the Internet site] until recommended through the official Commission
(4) A school district, school or publisher
may be asked to send a second set of sample materials to the [
(5) Any written information provided by a school district, school or publisher shall be available to the advisory committees during the second review.
(6) After the second review by the subject
area advisory committee,
the advisory committee's
shall be voted on by the Commission ]at the next
(7) If the Commission votes to change the
the Board [
shall be notified ]of the action at the next
scheduled Board meeting.
A] school district, school or publisher [ shall receive ]written notification of the final
recommendation and [ shall receive a copy of the] new evaluation.[ Evaluations may appear on the Internet if materials are
KEY: instructional materials
Date of Enactment or Last Substantive Amendment: [
June 7, 2013]
Notice of Continuation: November 6, 2017
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3;
53A-14-101; 53A-14-107; 53A-1-401[
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.