August 30, 2022 Committee of the Full Board Item 4
Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts
(Second Reading and Final Adoption)
September 2, 2022
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to
19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts. The proposed amendment would add a certification requirement to align with Senate Bill (SB) 1, 87th Texas Legislature, Regular Session, 2021. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102, 31.003, 31.004, 31.005, 31.0211, and 31.101; SB 1, Article III, 87th Texas Legislature, Regular Session, 2021; and 47 USC §254(h)(5)(B) and (C).
TEC, §7.102, requires the State Board of Education (SBOE) to adopt rules related to TEC, Chapter 31.
TEC, §31.003, authorizes the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
TEC, §31.004, requires annual certification to the SBOE and commissioner that the district or open-enrollment charter provides instructional materials to cover the Texas Essential Knowledge and Skills (TEKS).
TEC, §31.005, authorizes an open-enrollment charter school to use the instructional materials allotment and subjects the school to TEC, Chapter 31, as if the school were a school district.
TEC, §31.0211, authorizes school districts to receive a biennial allotment from the state instructional materials and technology fund and for the commissioner to adopt rules related to the allotment.
TEC, §31.101, requires a school district board of trustees or a governing body of an open-enrollment charter school to notify the SBOE of instructional materials selected.
SB 1, Article III, 87th Texas Legislature, Regular Session, 2021, directed the SBOE to ensure that recipients of funds from the state instructional materials and technology fund meet the requirements for certification under the Children's Internet Protection Act when using those funds to purchase instructional materials or technology.
47 USC §254(h)(5)(B) and (C), Children's Internet Protection Act, requires school districts and open-enrollment charter schools to certify with respect to minors and adults that it is enforcing a policy of internet safety that protects against access to visual depictions that are obscene or child pornography.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed amendment is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2023-2024 school year. The earlier effective date would allow the SBOE to comply with the requirements in Rider 8 of the General Appropriations Act.
PREVIOUS BOARD ACTION: At the April 2022 SBOE meeting, the Committee of the Full Board discussed possible amendments to Chapter 66 related to requiring certification by school districts and open-enrollment charter schools regarding protection against access to obscene or harmful content in online instructional materials. The board approved the proposed amendment to §66.105 for first reading and filing authorization at the June 2022 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 66.105 addresses local education agency certification for providing each student with instructional materials covering of all elements of the essential knowledge and skills adopted by the SBOE for each subject and each grade level, other than physical education.
SB 1, 87th Texas Legislature, Regular Session, 2021, directed the SBOE to ensure that recipients of funds from the state instructional materials and technology fund meet the requirements for certification under 47 USC §254(h)(5)(B) and (C), Children's Internet Protection Act, when using those funds to purchase instructional materials or technology. The proposed amendment to §66.105 would add new subsection (b) to clarify the instructional materials certification requirements for school districts and open-enrollment charter schools regarding children's internet safety in accordance with SB 1.
The attachment to this item reflects the text of the proposed amendment to §66.105 for consideration by the SBOE for second reading and final adoption.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.
The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.
The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.
The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed.
The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.
TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation by adding a requirement for school districts and open-enrollment charter schools to certify that the district or charter school protects against access to obscene or harmful content in compliance with the requirements for certification under the Children's Internet Protection Act, 47 USC §254(h)(5)(B) and (C).
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.
The proposal would ensure that districts are aware of the requirement to protect students from harmful or inappropriate content on the internet. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.
TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: Following the June 2022 SBOE meeting, notice of proposed amendment to
19 TAC §66.105 was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE during the August-September 2022 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in August-September 2022 in accordance with the SBOE board operating policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption the proposed amendment to 119 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts; and
Make an affirmative finding that immediate adoption of the proposed amendment 119 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Member Responsible:
Amie Williams, Director, Instructional Materials Review and Procurement
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts