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ENGROSSED HOUSE
BILL NO. 1982 By: Ranson and Deck of the
House
and
Mann of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 16-106, which relates to contracts for school
materials; requiring stipulation that electronic
textbook material will be ready for use; requiring
contracts between vendors and schools for certain
electronic materials to include certain provisions;
allowing contract termination and disqualification
for violations; clarifying violations are subject to
certain penalties and damages; defining terms;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 16-106, is
amended to read as follows:
Section 16-106. A. All contracts with publishers shall be
signed by the chairperson and secretary of the State Textbook
Committee on behalf of the state. Each contract shall stipulate the
price at which each textbook will be sold to the State of Oklahoma,
and that all copies supplied to the State of Oklahoma will be equal
to or better than the official copy filed with the secretary of the
Committee. The State Textbook Committee may approve the
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substitution of a later edition in lieu of the textbook originally
selected. The publisher shall stipulate in the contract that:
1. The price for which the textbook is to be furnished will be
the lowest at which the same textbook will be sold or offered for
sale for the purpose of securing a state or local selection or
adoption elsewhere in the United States during the six (6) months
prior to the date of the execution of the contract;
2. It will reduce the contract price of the textbook, if the
price of the same textbook is reduced below such contract price
elsewhere in the United States, and that it will file with the
secretary of the Committee a sworn statement of such reduction made
elsewhere;
3. If it prepares any supplementary or abridged or special
editions of any of the textbooks, and shall sell such editions
elsewhere at a lower price than that stipulated in the contract, it
will file copies of any and all such editions, together with the
prices thereof, with the secretary of the Committee;
4. It has not entered into any understanding, agreement or
combination to control the prices or restrict competition in the
sale of textbooks;
5. It will furnish the textbooks to the State of Oklahoma
during the term of the contract in such amounts as may be required;
and
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6. It will furnish for a like period in lieu of the
corresponding textbooks under contract any other books listed in any
annual statement subsequently filed by it during the term of the
contract to any school district at the lowest new prices contained
in such statement, and that it will maintain said prices uniformly
through the state; and
7. All electronic materials furnished in lieu of or bundled
with a physical textbook are ready for use or will be ready for use
by the date of delivery.
B. Textbooks selected by the State Textbook Committee may be
purchased by school districts at the prices for which contracts have
been awarded, pending the effective dates of the contracts.
C. The chairperson and secretary of the State Textbook
Committee, on the advice and consent of the attorney for the State
Department of Education, may, with the consent of the holders of
state textbook contracts, change any contract to conform with the
provisions of Section 16-102 of this title.
D. As requested by a school district or the Oklahoma School for
the Blind, all publishers who enter into contracts with the State
Textbook Committee shall be required to furnish the Committee with
electronic files in a file format from which Braille and other
accessible versions of the instructional materials can be produced.
The file format in which electronic instructional materials files
are provided to the Committee shall be in a format prescribed by
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federal law or regulations promulgated by the United States
Department of Education which requires national standards for
electronic files to be used for production of accessible
instructional materials. In the absence of a federal law or
regulation establishing a national standard, a file format standard
shall be prescribed by the State Department of Rehabilitation
Services.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 16-201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Any contract, licensing agreement, or other agreement
between a vendor and a school or school district for electronic
educational materials, including, but not limited to, digital
textbooks, supplemental textbook materials, software, online access,
and other means of digital distribution, shall include a stipulation
or addendum ensuring:
1. The materials purchased are ready for use or will be ready
for use by the date of delivery;
2. A replacement for any defective or nonworking materials will
be sent at no cost to the school, in a timely manner, but no later
than seven (7) calendar days from notification by the school of such
defect or nonworking material; and
3. Any updates, maintenance, or support services needed for the
proper function or applicability of the materials will be supplied
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in a timely manner, but no later than seven (7) calendar days from
notification by the school of an issue.
B. A vendor who violates any provision of this section may, as
determined by the school district, be subject to immediate contract
termination and disqualification from future contracts and shall be
subject to damages and penalties as provided by law.
C. For purposes of this section:
1. "Electronic educational materials" means materials that are
selected and placed on the list of textbooks by the State Textbook
Committee, optional supplements created for the approved list of
textbooks, materials pertaining to subjects that are not reviewed by
the State Textbook Committee, or materials that support instruction
in the subject matter standards as adopted by the State Board of
Education in Section 11-103.6 of Title 70 of the Oklahoma Statutes
that were not reviewed by the State Textbook Committee; and
2. "Vendor" means any person, firm, company, corporation, or
organization making sales of tangible personal property,
intellectual property, or services in this state.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 11th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate