(a) A publisher may submit a request to the commissioner of education for approval to update content in State Board of Education (SBOE)-approved instructional materials. A publisher requesting approval of a content update shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the update. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. The request must be accompanied by an electronic sample of the proposed updates. Proposed changes shall be posted on the Texas Education Agency (TEA) website for a minimum of 30 calendar days prior to approval.(b) A publisher that requests to update content in state-approved instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state or local education agencies (LEAs);(2) certify in writing that the new material meets the applicable essential knowledge and skills, is free from factual errors, and is suitable and appropriate for the grade level and subject/course(s); and(3) certify that the updates do not affect the product's coverage of Texas Education Code, §28.002(h), as it relates to that specific subject and grade level or course(s) in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) All requests for updates must be approved by the SBOE prior to their introduction into state-approved and locally adopted instructional materials.(d) The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to content in state-approved instructional materials prior to delivery of the materials to school districts.(e) A publisher of instructional materials may provide alternative formats for use by school districts if:(1) the content is identical to SBOE-approved content; and(2) the alternative formats include the identical revisions and updates as the original product and the cost to the state and LEAs is equal to or less than the cost of the original product.(f) Alternative formats may be developed and introduced at any time during the instructional materials review and approval cycle using the procedures for approval of other SBOE-approved materials. (g) Publishers must notify the commissioner in writing if they are providing SBOE-approved products in alternative formats.