April 2014 Committee of the Full Board Wednesday Item 6

Proposed Amendments to 19 TAC Chapter 66,
State Adoption and Distribution of Instructional Materials,
Subchapter B, State Adoption of Instructional Materials
(Second Reading and Final Adoption)

April 11, 2014

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
  This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials. The proposed amendments would update and clarify specific processes for the review and adoption of instructional materials. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY:  Texas Education Code (TEC), §7.102(c)(23) and §31.003.

EFFECTIVE DATE:  The proposed effective date of the proposed amendments to 19 TAC Chapter 66, Subchapter B, is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule actions 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 2014-2015 school year. The earlier effective date will enable the board to implement updates to the review process beginning with Proclamation 2015.

PREVIOUS BOARD ACTION:  The SBOE adopted rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, effective September 1, 1996. Subsequent amendments to the rules included comprehensive changes adopted effective October 12, 2006. Additional amendments to this subchapter were adopted effective December 25, 2007; February 22, 2010; April 27, 2010; July 8, 2012; and August 23, 2012. Proposed amendments to 19 TAC Chapter 66, Subchapter B, were approved by the SBOE for second reading and final adoption at the January 2014 meeting. Further amendments to 19 TAC Chapter 66, Subchapter B, were also approved by the SBOE for first reading and filing authorization at the January 2014 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:  The SBOE rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, are adopted in Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; and Subchapter C, Local Operations.

Attachment II reflects the text of proposed amendments to 19 TAC Chapter 66, Subchapter B, for consideration for second reading and final adoption. The proposed amendments include the following rule actions.

Section 66.21, Review and Adoption Cycles, would be amended to require the consideration of historical or expected appropriations for instructional materials when determining the adoption cycle.

Section 66.30, State Review Panels: Eligibility, would be amended to update the eligibility requirements for state review panel members.

Section 66.54, Samples, would be amended to clarify a publisher's obligation to provide lists of corrections to be made to instructional materials submitted for adoption.

Section 66.60, Public Comment on Instructional Materials, would be amended to clarify the procedures for distributing written testimony, hearing oral testimony, and making recordings of public hearings available to the public.

Section 66.75, Updates, would be amended to remove the restriction on updating adopted instructional materials during the first year of the original contract.

No changes are recommended since approved for first reading.

FISCAL IMPACT:  The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct, adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The proposed amendments would clarify the review and adoption process.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no new procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: Following the January 2014 SBOE meeting, notice of the proposed amendments to 19 TAC Chapter 66, Subchapter B, was filed with the Texas Register, initiating the official public comment period. No public comments had been received at the time this item was prepared. A summary of public comments received regarding the proposal will be provided to the SBOE during the April 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, with an effective date of 20 days after filing as adopted with the Texas Register.


Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Christopher Lucas, Review and Adoption Director
Instructional Materials and Educational Technology

Attachments:
I. Statutory Citations (PDF, 10KB)
II. Text of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials (PDF, 126KB)