November 14, 2023 Committee of the Full Board Item 3
Consideration of Instructional Materials Review and Approval Criteria and Instructional Materials Contract Terms and Conditions
November 14, 2023
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the State Board of Education (SBOE) to consider the criteria for the new Instructional Materials Review and Approval (IMRA) process. This item also includes consideration of the standard terms and conditions for publishers and manufacturers of instructional materials.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.003(a), 31.022, 31.023, and 31.151, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023; and 31.154, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023.
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.
TEC, §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the SBOE to review instructional materials that have been provided to the board by the Texas Education Agency (TEA) under TEC, §31.023.
TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE.
TEC, §31.151, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, permits the SBOE to determine the standard terms and conditions of instructional materials contracts.
TEC, §31.154, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the SBOE to adopt standards for entities that supply instructional materials reviewed by TEA to make instructional materials supplied by the entity available on a parent portal hosted by the entity.
The full text of statutory citations can be found in the statutory authority section of this agenda.
FUTURE ACTION EXPECTED: IMRA criteria and instructional materials contract terms and conditions will be presented to the SBOE for first reading and filing authorization at the December 2023 meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, 88th Texas Legislature, Regular Session, 2023, significantly revised TEC, Chapter 31, including several provisions under SBOE authority. HB 1605 also added a new provision to TEC, Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE-approved materials. In addition, the bill added 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 the commissioner of education and to begin discussing 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 HB 1605 SBOE June 2023 Work Session Slides.
At the August-September 2023 meeting, the Committee of the Full Board discussed the IMRA process and discussed the approach to developing the quality rubric criteria and process.
This item provides an opportunity for staff to update the committee on progress related to the development of the IMRA processes and for the committee to provide additional direction to staff.
An item regarding the IMRA process and an item regarding suitability are presented as separate items in this agenda.
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 I:
Draft IMRA Quality Rubrics
Separate Exhibit II:
Draft Requirements for the Publisher Parent Portal
Separate Exhibit III:
Draft Definition of Factual Errors
Separate Exhibit IV:
Draft Requirements for Physical and Electronic Component Standards
Separate Exhibit V:
Draft Standard Terms and Conditions for Publishers and Manufacturers of Instructional Materials
Separate Exhibit VI:
Draft Requirements for TEKS Minimum Coverage Threshold
(to be provided in advance of the November 2023 SBOE meeting)