7 Miss. Code. R. 11-Two-2
Mississippi Code Ann. § 37-43-1 ensures that state-adopted textbooks shall be distributed and loaned free of cost to the children of the free public schools of the state and of all other schools located in the state which maintain educational standards equivalent to the standards established by the MDE for the state schools as outlined in the Mississippi Public School Accountability.
Textbooks may be procured with state or local funds in a variety of ways. Listed below are the approved methods and procedures:
Mississippi Code Ann. § 37-43-1 states that "Textbooks" shall be defined as any medium or manual of instruction which contains a systematic presentation of the principles of a subject, and which constitutes a major instructional vehicle for that subject; this would include both print and digital formats. Textbooks that are on the state-adopted list may be purchased directly from the regional depository. All requisitions will need to be submitted by the local school district to depository in accordance with the procedures established by that entity and communicated to school districts. Requisitions for textbooks are NOT to be sent through the MDE.
Textbooks and instructional materials that are listed on the state-adopted list may also be purchased directly from the publisher. School districts are reminded that the textbook law requires that a district pay no more for a textbook procured directly from the publisher than the price stated in the current state-adopted catalog.
Textbooks and instructional materials that are not state adopted may be purchased by the local school district directly from the regional textbook depository. Approval is not required from the SBE or the MDE Office of Instructional Materials and Library Media, prior to purchase. However, districts are strongly encouraged to develop a review and evaluation plan to ensure that quality textbooks are being purchased. The purchase of textbooks and instructional materials must follow the state purchasing procedures if textbooks are not under state contract.
To ensure that internal controls are in place to document the most efficient use of taxpayer dollars, public schools are required to follow the state bid requirements established by Miss. Code Ann. § 31-7-13. Textbooks that are adopted and approved by the SBE are placed under state contract and are exempt from the bidding process DFA 31-7-13(m)(xxv).
Bidding Requirements
* Public schools that purchase non-adopted textbooks more than $75,000 are required to maintain sealed bid documentation for three (3) years after the audit report is released. If a purchase is in litigation, the files shall be maintained until resolved.
* The documentation is required to support award decisions, assure approvals, compliance with regulation, and sustain any reviews or litigation. Documentation should include but is not limited to the following: bid list, bid opening sign-in sheet, bidders' spreadsheets, witness signature, requisition, notice to Contract Procurement Center, public notice to newspaper, bid specifications, original bids, bid envelopes, bid addendum, proof of advertisement, bid evaluation, award by the school, or letter from the MDE Office of Instructional Materials and Library Media.
NOTE: The bid dollar limit does not include shipping or freight costs.
All purchases and subsequent payments for textbooks are between the local school districts making the purchase and the regional depository, the publisher, or the vendor as may be appropriate.
7 Miss. Code. R. 11-Two-2