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November 14, 2023 Committee of the Full Board Item 5

Discussion of Suitability of Instructional Materials

November 14, 2023

COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides the opportunity for the committee to discuss 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.

FUTURE ACTION EXPECTED: Proposed rules related to suitability will be presented to the SBOE for consideration for first reading and filing authorization at a December 2023 special-called 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, passed by the 88th Texas Legislature, Regular Session, 2023, significantly revised Chapter 31 including several provisions under SBOE authority.

At the June 2023 meeting, the board held a work session to receive an overview presentation on HB 1605 from Commissioner Mike Morath and to begin discussion of preliminary decisions and next steps. At the August-September 2023 meeting, the board discussed possible criteria from existing statue that should be incorporated into a suitability rubric.

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