January 2014 Committee of the Full Board Wednesday Item 5

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

January 31, 2014

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

SUMMARY:
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials. The proposed revisions would update and clarify specific processes for the review and adoption of instructional materials. No additional 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 revisions 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 revisions 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 revisions to 19 TAC Chapter 66, Subchapter B, were approved by the SBOE for first reading and filing authorization at the November 2013 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 revisions to 19 TAC Chapter 66, Subchapter B, for consideration for second reading and final adoption. The proposed revisions include the following rule actions.

Section 66.28, Adoption by Reference, would be amended to include reference to the Request for Supplemental Science Materials and Proclamation 2014.

Section 66.33, State Review Panels: Appointment, would be amended to clarify the preferred composition of the state review panels.

Section 66.36, State Review Panels: Duties and Conduct, would be amended to clarify the decision-making process for the state review panels.

Section 66.45, State Review Panels: No-Contact Periods, would be amended to explain the type of communication that a state review panel member may have with people outside of the state review panel.

Section 66.48, Statement of Intent to Bid Instructional Materials, would be amended to remove language that is duplicative or obsolete.

Section 66.51, Instructional Materials Ordered Through the State, would be amended to clarify the requirements for publisher-supplied correlation forms.

Section 66.63, Report of the Commissioner of Education, would be amended to explain both the purpose of a show-cause hearing and the eligibility requirements for a show-cause hearing.

Section 66.66, Consideration and Adoption of Instructional Materials by the State Board of Education, would be amended to clarify the requirements for adoption and the process for withdrawing materials from consideration.

Section 66.79, Adding Content During the Review and Adoption Process, would be amended to explain both the purpose for providing new content during the review of instructional materials and the eligibility requirements for providing new content.

Proposed new §66.81, Ancillary Materials, would be added to define the term ancillary and provide for penalties for publishers and/or manufacturers of instructional materials that fail to provide ancillaries to districts and charter schools equitably.

No additional 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 revisions. 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 revisions would clarify the review and adoption process.

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

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

PUBLIC COMMENTS: Following the November 2013 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 66, Subchapter B, was filed with the Texas Register initiating the official public comment period. A summary of public comments received regarding the proposal will be provided to the SBOE during the January 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A separate item is presented in this agenda to provide the SBOE the opportunity to approve for first reading and filing authorization amendments to additional rules in 19 TAC Chapter 66, Subchapter B, that were not addressed during the November 2013 SBOE meeting.

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 revisions 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

John Lopez, Managing Director
Instructional Materials and Educational Technology

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

Attachments:
I. Statutory Citations (PDF, 10KB)
II. Text of Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials (PDF, 55KB)