R277-469-10. Agreements and Procedures for Publishers

  (1) A publisher desiring to sell primary instructional materials to Utah school districts shall comply with the requirements of Section 53E-4-408 and this R277-469.

  (2)(a) A publisher seeking to sell recommended materials to Utah schools or school districts shall have 10 books and tangible adopted materials or such other amount as required by a depository based on anticipated need on deposit within the state at an instructional materials depository in the business of selling instructional materials to schools or school districts in Utah.

  (b) A publisher shall submit verification of compliance with Subsection (2)(a) to the Superintendent through the publisher's contracted depository prior to the Superintendent posting a review of the materials on RIMs.

  (3) A publisher may make a depository agreement with one or more depository.

  (4) Notwithstanding the provisions of Subsection (2), a publisher may sell instructional materials to schools or school districts in Utah directly or through means other than a designated depository.

  (5) A publisher need not store digital and online resources within the state, but shall guarantee timely resource availability of a placed order and shall provide digital and online resource orders without shipping charges.

  (6) 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 that:

  (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 Superintendent for examination purposes; and

  (d) the publisher submits a revised electronic edition in NIMAS file format to the NIMAC if the Superintendent approves the substitution request.

  (7) The Commission shall make the final determination about the substitution of a new edition for a previously recommended edition with assistance from the Superintendent.

  (8) A publisher's contract price for materials recommended by the Commission and the Board shall apply for five years from the contract date.