Digital, Electronic, or Web-based Materials and Media
(1)As indicated in OAR 581-011-0050 (Generally)(1) and (2), Instructional materials are defined as any organized system which constitutes the major instructional vehicle for a given course of study, or any part thereof. Instructional Material may include digital content or software in a format such as electronic and internet or web-based materials or media.
(2)Contract, review, and evaluation process involving digital, electronic, or web-based materials and media shall be the same as print materials.
(3)As stated in OAR 581-011-0086 (Substitutions of New Editions or Versions of State-Adopted Instructional Materials), the State Board of Education must approve the request of a publisher to substitute a more recent edition or version of any officially adopted material. However, software updates that improve functionality, performance, or accuracy are allowed if approved by the Department of Education. New and revised editions or versions must be sold at the same or lower price as those previously approved.
(4)According to ORS 337.060 (Submission of proposals by publishers) a publisher or other supplier who submits a proposal under 337.060 (Submission of proposals by publishers) is required to pay a fee equal to the retail price expended by a school district during the length of the contract period, or $50, whichever is greater, for each title or item of instructional material proposed by the publishers or supplier for review and adoption by the Board. Bid proposals must include available retail price structures such as per-student, per-computer, subscription and other unit price structures and may include models where the cost is divided over multiple years and paid annually (as opposed to a single payment). Bid proposal fees are payable prior to consideration of the proposal.
(5)Materials that comply with the interoperability standards can be considered for adoption according to ORS 337.075 (Adoption or rejection of textbooks).
(6)Materials shall be accessible consistent with OAR 581-015-2060 (Accessible Materials), 581-022-2355 (Instructional Materials Adoption), 581-022-2340 (Media Programs), 581-022-2360 (Postponement of Purchase of State-Adopted Instructional Materials), 581-011-0052 (Accessible Instructional Materials Required) and compliant with all state or federal laws regarding accessibility.
(7)Materials cannot include free or gratis equipment such as computer hardware, technology devices or equipment, which are intended to deliver or display the material but which are not instructional materials. This includes but is not limited to computers, laptops, handheld devices, microscopes, CD/DVD players, overhead or LCD projectors, electronic whiteboards, phone/music/transmitting and listening devices, and cameras.
(8)In accordance with ORS 337.090 (Contract with publisher), if any publisher fails to carry out the provisions of the contract or with the intent to evade the provisions of the contract, sells any of the materials 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 provisions of the publisher’s bond or letter of credit, payable to the State of Oregon for the benefit of the Common School Fund.
Rule 581-011-0087 — Digital, Electronic, or Web-based Materials and Media,