HOUSE BILL 597

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO INSTRUCTIONAL MATERIALS; REQUIRING PUBLISHERS TO PROVIDE TEXTBOOKS ON COMPACT DISCS OR OTHER AURAL MEDIA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Instructional Material Law is enacted to read:

     "[NEW MATERIAL] CORE CURRICULUM TEXTBOOKS--COMPACT DISCS OR OTHER AURAL MEDIA.--

          A. Core curriculum textbooks on the multiple list shall be available on compact discs or other aural media in addition to written textbooks. Except as otherwise provided in this section, the compact discs or other aural media shall be provided to students without cost.

          B. Students, school districts, state institutions, private schools and adult basic education centers shall not copy, publish or in any way distribute the compact discs or other aural media to anyone other than the original student and shall not infringe on the copyright in any way.

          C. The department, in consultation with school districts, state institutions, private schools and adult basic education centers shall adopt guidelines for the implementation and administration of this section. The guidelines shall address all of the following:

                (1) the designation of instructional materials in compact discs or other aural media deemed required or essential to student success;

                (2) definitions clarifying what constitutes nontextual mathematics or science instructional materials that use mathematical notations and clarifying a publisher's obligations in regard to such instructional materials in aural format;

                (3) definitions clarifying what is required to maintain structural integrity and requirements for descriptions of pictures, illustrations, graphs and charts;

                (4) requirements for approval and procurement of textbooks that are available in compact discs or other aural media and procedures for suspension of publishers from the procurement process if the publisher fails to comply with the provisions of this section;

                (5) qualifications, if any, of students who are allowed to use the compact discs or other aural media instead of or in conjunction with written textbooks;

                (6) procedures to ensure the return in good condition of the compact discs or other aural media, including holding the parent or student responsible for the loss, damage or destruction of the compact discs or other aural media while they are in the possession of the student as provided in the Instructional Material Law; and

                (7) any other matters the department deems necessary or appropriate to carry out the purposes of this section."

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