No teacher or principal in any of the public schools of this state shall use or permit to be used in the person's school any textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission; provided, that this does not apply to textbooks and instructional materials previously listed and purchased with public funds. Upon application of the local board of education, the commissioner of education may waive this restriction when, in the commissioner's judgment, the unique or unusual needs of the school system require it. Any teacher or principal violating this section shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
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