September 2015 Committee of the Full Board Item 5
Discussion of Proposed Revisions to 19 TAC Chapter 66,
State Adoption and Distribution of Instructional Materials
September 9, 2015
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the committee to discuss proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. Proposed revisions would update rules related to state review and adoption of instructional materials as well as ordering and distribution of instructional materials.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.003, 31.022, 31.0221, 31.023, 31.024, 31.0241, 31.026, 31.0261, and 31.035.
TEC, §31.003, authorizes the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
TEC, §31.022, requires the SBOE to adopt a review and adoption cycle for instructional materials in prekindergarten through Grade 12 and establishes priorities for that cycle. The statute requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum every eight years and the enrichment curriculum as appropriate. TEC, §31.022, also establishes requirements for the SBOE to meet regarding issuing proclamations.
TEC, §31.0221, requires the SBOE to adopt rules for the midcycle review and adoption of instructional materials for a subject for which materials are not currently under review as part of the regular adoption cycle. The rules must require participating publishers to pay a fee to cover costs of the review, to enter into an appropriate contract that ends at the same time as other products adopted for that subject area, and to commit to providing adopted materials in the agreed-upon manner.
TEC, §31.023, requires the SBOE to adopt a list of instructional materials that meet applicable physical specifications and contain material covering at least half of the applicable Texas Essential Knowledge and Skills (TEKS) in the student version and in the teacher version.
TEC, §31.024, requires the SBOE to make decisions on the adopted list by majority vote and to provide a list of adopted materials no later than December 1 of the year prior to the year the materials are expected to be in classrooms.
TEC, §31.0241, requires the SBOE to include open-source materials produced by eligible institutions on the adopted list if they meet certain requirements.
TEC, §31.026, requires the SBOE to execute contracts with publishers of adopted materials that coincide with the board's review cycle and that specify a price fixed for the term of the contract that does not exceed the lowest price paid by any other state or any school or school district.
TEC, §31.0261, allows the SBOE to execute contracts for the printing of adopted open-source instructional materials and requires that the contracts allow a school district to purchase printed copies of those materials.
TEC, §31.035, allows the SBOE to adopt supplemental instructional materials that are not on the adopted list if the material covers one or more primary focal points or topics of a subject in the required curriculum, is not designed to serve as the only instructional material for the course, meets applicable physical specifications, and is free from factual errors. The statute requires the SBOE to identify the TEKS that are covered by the supplemental instructional material and requires the material to comply with the review and adoption cycle provisions.
BOARD REPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations, effective September 1, 1996. Subsequent amendments to the rules included comprehensive changes adopted effective October 12, 2006. The SBOE last amended rules in Subchapters A and C effective July 8, 2012, and in Subchapter B effective May 21, 2014.
FUTURE ACTION EXPECTED: At the direction of the committee, proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, will be presented for first reading and filing authorization at the November 2015 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The changing nature of instructional materials and changes in statute since the passage of Senate Bill 6, 82nd Texas Legislature, First Called Session, 2011, and legislation passed by the 84th Texas Legislature, 2015, necessitates updates to the SBOE rules regarding instructional materials. The proposed revisions to 19 TAC Chapter 66 would update and clarify the process for the review, adoption, and distribution of instructional materials.
FISCAL IMPACT: The Texas Education Agency does not anticipate any additional costs to persons or entities required to comply with the proposed revisions; however, fiscal implications will be assessed after the committee gives direction regarding proposed revisions to bring forward for first reading and filing authorization.
PUBLIC AND STUDENT BENEFIT: Benefits include clear guidance regarding the review and adoption of instructional materials for those participating in the process.
PROCEDURAL AND REPORTING IMPLICATIONS: Procedural and reporting implications will be assessed after the committee gives direction regarding proposed revisions to bring forward for first reading and filing authorization.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Locally maintained paperwork requirements will be assessed after the committee gives direction regarding proposed revisions to bring forward for first reading and filing authorization.
PUBLIC COMMENTS: The official public comment period will begin when the rule actions are published as proposed in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Kelly Callaway, Division Director
Instructional Materials and Educational Technology
Attachment:
Statutory Citations (PDF, 36KB)
Separate Exhibit:
Text of Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
(to be provided at the September 2015 SBOE meeting)