R277-469-3. Use of State Funds for Instructional Materials

  (1) An LEA may use state funds for any primary supplemental or supportive instructional materials that support Core requirements.

  (2) An LEA may select and approve instructional materials consistent with:

  (a) the standards of this R277-469;

  (b) established local board procedures and timelines;

  (c) Subsection 53G-10-402(1)(c)(iii); and

  (d) Subsection 53E-4-403(4).

  (3) A school or school district that uses any funding source to purchase materials that have not been recommended or selected consistent with state law, may have funds withheld to the extent of the actual costs of those materials pursuant to Subsection 53E-3-401(8)(a)(ii).

  (3)(a) An LEA may use free instructional materials that are used as primary instructional materials or that are part of primary integrated instructional programs subject to the same independent party evaluation and Core mapping as basal or Core material.

  (b) If an LEA receives free materials as part of a supplemental program, the LEA may use the materials as student instructional materials only consistent with the law and this R277-469.

  (4) An LEA shall include a requirement in all publisher contracts for instructional materials that the publisher shall:

  (a) prepare and provide electronic files of all instructional materials in the NIMAS format to NIMAC on or before delivery of print instructional materials; or

  (b) provide instructional materials that are produced in, or may be rendered in, specialized formats.

  (5)(a) An LEA shall provide timely notice to all publishers with whom the LEA contracts for instructional materials that all materials shall be provided consistent with Subsection (4).

  (b) An LEA's notice shall include a copy of this R277-469.