(1) Except as provided by subsection (2) of this section, the State Board of Education may adopt or reject any textbook or instructional materials contained in any proposal. If the terms and conditions for furnishing a textbook or instructional materials in all proposals relating to that textbook or instructional materials are considered by the board to be unreasonable or the textbook or instructional materials are considered to be unsuitable pursuant to guidelines and criteria established by the board, the board may reject the textbook or instructional materials. (2) The board may not reject any textbook or instructional materials on the basis that the textbooks or instructional materials include a perspective, study or story of, or are created by, any individual or group against whom discrimination is prohibited under ORS 659.850. (3) At the same or subsequent sessions, the board may receive new proposals for a textbook or instructional materials previously rejected and adopt the textbook or instructional materials in the same manner as other textbooks or instructional materials are required to be adopted. A proposal may not be considered unless the publisher has delivered without charge two copies of each textbook or instructional materials contained in the proposal to the Department of Education at least 60 days before the meeting.
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