December 2023 State Board of Education Item 3
Consideration for Approval of Instructional Materials Review Suitability Rubric
December 13, 2023
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides an opportunity for the State Board of Education (SBOE) to consider for approval the suitability criteria and rubric for the Instructional Materials Review and Approval (IMRA) process. This rubric will define the criteria to be used in the instructional materials review and approval process to determine suitability and appropriateness of instructional materials for the subject and grade level for which the materials are designed, as required by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003 and §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023.
TEC, §31.003, permits 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 review instructional materials that have been provided to the board by the agency under TEC, §31.023. The SBOE is required to determine that the material is free from factual error and suitable for the subject and grade level for which the material is designed, and, if the material is intended to cover the foundational skills reading curriculum in kindergarten through third grade, does not include three-cueing, as defined by TEC, §28.0062(a-1).
The full text of statutory citations can be found in the statutory authority section of this agenda.
PREVIOUS BOARD ACTION: At the November 2023 meeting, the board discussed criteria for the suitability and appropriateness of instructional materials for the subject and grade level for which the materials are designed to be used in the instructional materials review and approval process outlined in HB 1605, 88th Texas Legislature, Regular Session.
BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code, Chapter 31, addresses instructional materials in public education and permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, passed by the 88th Texas Legislature, Regular Session, significantly revises Chapter 31 including several provisions under SBOE authority. HB 1605 also adds a new provision to TEC, Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE approved materials. The bill adds requirements related to adoption of essential knowledge and skills in TEC, Chapter 28. The SBOE will need to amend rules and take related action to align with the requirements of this legislation.
At the June 2023 meeting, the committee of the full board held a work session to receive an overview presentation on HB 1605 from Commissioner of Education, Mike Morath and to begin discussion of preliminary decisions and next steps. The June 2023 SBOE HB 1605 Work Session Presentation shared during the work session is available on the TEA website.
At the August/September 2023 meeting, the committee of the full board discussed possible criteria in existing statute that should be incorporated into a suitability rubric.
PUBLIC BENEFIT AND COST TO PERSONS: The proposal would benefit the public through adding clarity to the instructional materials suitability review and approval process resulting from the implementation of House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023. There is no anticipated economic cost to persons who are required to comply with the proposal.
PUBLIC COMMENTS: A summary of public feedback will be presented to the board at the December 2023 special-called meeting.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve the Suitability criteria and rubric for the Instructional Materials Review and Approval (IMRA) process.
Staff Members Responsible:
Todd Davis, Associate Commissioner of Instructional Strategy
Nicholas Keith, Executive Director of High-Quality Instructional Materials Supports
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Separate Exhibit:
Draft Suitability Criteria
(to be provided at the December 2023 special-called meeting)