November 14, 2023 Committee of the Full Board Item 2
Rule Review of 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
November 14, 2023
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: Texas Government Code (TGC), §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 Texas Administrative Code (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. The rules being reviewed establish procedures for the adoption, purchase, and distribution of instructional materials.
STATUTORY AUTHORITY: The statutory authority for the rule review is TGC, §2001.039. The statutory authority for 19 TAC Chapter 66, Subchapters A–C, is Texas Education Code (TEC), §31.003(a), as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
TGC, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §31.003(a), as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
The full text of statutory citations can be found in the statutory authority section of this agenda.
FUTURE ACTION EXPECTED: The rule review of 19 TAC Chapter 66, Subchapters A–C, will be presented to the SBOE for adoption at the January-February 2024 board meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Rules in 19 TAC Chapter 66, Subchapter A, outline general provisions for instructional materials such as manufacturing standards and specifications and administrative penalties for violations of statute. Subchapter B addresses the adoption of instructional materials, covering topics such as proclamation, public notice, and schedule for adopting instructional materials; requirements for publisher participation; procedures for handling of samples and public access to samples; public comment on instructional materials; adding content during panel review and during the public comment period; and updates to adopted instructional materials. Subchapter C specifies requirements for publishers to provide each school district with certain information about materials submitted for adoption and outlines the district's responsibility in selecting and maintaining instructional materials.
HB 1605, 88th Texas Legislature, Regular Session, 2023, implemented significant changes to the instructional materials review and adoption process. Existing rules in Chapter 66, Subchapters A–C, will continue to apply to instructional materials adopted under Proclamation 2024 and before. TEA anticipates presenting for SBOE consideration new rules to implement the changes made by HB 1605, and the new rules would apply to all future calls for instructional materials.
ANTICIPATED REVISIONS TO RULES: Due to HB 1605 and its implementation, SBOE rulemaking in 19 TAC Chapter 66, Subchapters A–C, may be needed in the future.
PUBLIC COMMENTS: The Texas Education Agency (TEA) plans to file the review of 19 TAC Chapter 66, Subchapters A–C, with the Texas Register following the November 2023 SBOE meeting. TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 66, Subchapters A–C, continue to exist. The public comment period on the proposed rule review begins December 22, 2023, and ends at 5:00 p.m. on January 22, 2024. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in January-February 2024 in accordance with the SBOE operating policies and procedures.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Attachment:
Text of 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