How does the new law (HB 364) passed during the last legislative session affect what we need to do to sell instructional materials in Utah?

Publishers who wish to sell primary instructional materials (basal/core) to Utah schools will be required to hire an independent evaluator to align their material to Utah's core curriculum. The evaluator is not allowed to work directly for the publishing company, the State Office of Education, or the Superintendent of Public Instruction. This alignment needs to be completed and posted on the publishing company's website before the materials they bid will be evaluated.

I heard that the sampling requirement is different again this year. Can you tell me the new sampling rules?

Last fall the Instructional Materials Commission tried a new way of sampling items than has every been done before. The Commission was divided into four teams who each received one quarter of the samples. This created many problems with most of the Commission reporting they were missing samples. At the April 25, 2007 Commission meeting a new vote was taken and the decision to send every sample to every Commissioner was reinstated. If a publisher fails to send their samples to the Instructional Materials Commission, the material they have bid will not be reviewed.

Publishers are required to send one student and teacher edition to each Commissioner along with any of the included ancillary materials the publisher wishes to have considered as part of the "package." In the case of a series, one copy of each book or material should be sent to each Commissioner.

My company is very small. Is there a way to get a waiver on the sample requirement?

The Commission will look at this on a case by case basis. They will determine if a smaller sampling waiver can be allowed. The publisher will need to write a letter to the Commission at 250 East 500 South, P.O. Box 144200, Salt Lake City, Utah, 84114-4200 and request the sampling requirement be waived. If the Commission determines that the cost of sampling is too prohibitive for a publisher, they will apply in writing letting the publisher know of it's decision before the samples are due to be sent.

What's the new NIMAS requirement?

The Utah State Office of Education signed an agreement to be part of the Federal NIMAS act. All primary-rated (basal/core) materials need to be submitted to the NIMAC in NIMAC format before the materials will be evaluated by the Utah State Office of Education.

Why has Utah changed the way it contract's with publishers?

As accountability issues continue to grow, the Utah State Office of Education needed to ensure compliance with all the new legislative rules, laws, and policies. The new contract has been written to outline the specific duties of both the State Office and the publisher so that no misunderstandings occur. The contract will continue to be good for a five-year period.

Contact Information:Vali Ann Kremer, Instructional Materials Specialist | vali.kremer@schools.utah.gov | 801.538.7783
Ashley West, Administrative Assistant | ashley.west@schools.utah.gov | 801.538.7719