January 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
(First Reading and Filing Authorization)

January 31, 2014

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

SUMMARY:
This item provides the opportunity to present for first reading and filing authorization proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §§66.21, Review and Adoption Cycles; 66.22, Midcycle Review and Adoption; 66.24, Review and Renewal of Contracts; 66.27, Proclamation, Public Notice, and Schedule for Adopting Instructional Materials; 66.30, State Review Panels: Eligibility; 66.39, State Review Panels: Expenses; 66.42, State Review Panels: Orientation; 66.54, Samples; 66.57, Regional Education Service Centers: Procedures for Handling Samples; Public Access to Samples; 66.60, Public Comment on Instructional Materials; 66.67, Adoption of Open-Source Instructional Materials; 66.72, Preparing and Completing Contracts; 66.73, Contracts for Printing of Open-Source Instructional Materials; 66.75, Updates; and 66.78, Delivery of Adopted Instructional Materials. This item is presented at the request of a State Board of Education (SBOE) member to allow for implementation beginning with Proclamation 2015.

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 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 amendments to 19 TAC Chapter 66, Subchapter B, §§66.28, 66.33, 66.36, 66.45, 66.48, 66.51, 66.63, 66.66, and 66.79 and new §66.81, 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.

At the November 2013 meeting, the SBOE approved revisions to 19 TAC Chapter 66, Subchapter B, to update and clarify the process for the review and adoption of instructional materials, including state review panels, publisher correlation forms, reports from the commissioner of education regarding materials submitted for adoption, and the addition of new content to materials during the review process.

This item provides the SBOE the opportunity to propose changes to rules in 19 TAC Chapter 66, Subchapter B, that were not addressed by the SBOE for first reading and filing authorization in November 2013. Attachment II reflects the current text of those rules.

FISCAL IMPACT: Fiscal implications will be assessed after the SBOE approves proposed amendments for first reading and filing authorization.

PUBLIC AND STUDENT BENEFIT: Proposed amendments to instructional materials rules would clarify the review and adoption process.

PROCEDURAL AND REPORTING IMPLICATIONS: Procedural and reporting implications will be assessed after the SBOE approves proposed amendments for first reading and filing authorization.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Locally maintained paperwork requirements will be assessed after the SBOE approves proposed amendments for first reading and filing authorization.

PUBLIC COMMENTS: The official public comment period will begin when the proposal is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

Proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §§66.28, 66.33, 66.36, 66.45, 66.48, 66.51, 66.63, 66.66, and 66.79 and new §66.81, are presented for second reading and final adoption as a separate item in this agenda.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials.

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 Current 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §§66.21, Review and Adoption Cycles; 66.22, Midcycle Review and Adoption; 66.24, Review and Renewal of Contracts; 66.27, Proclamation, Public Notice, and Schedule for Adopting Instructional Materials; 66.30, State Review Panels: Eligibility; 66.39, State Review Panels: Expenses; 66.42, State Review Panels: Orientation; 66.54, Samples; 66.57, Regional Education Service Centers: Procedures for Handling Samples; Public Access to Samples; 66.60, Public Comment on Instructional Materials; 66.67, Adoption of Open-Source Instructional Materials; 66.72, Preparing and Completing Contracts; 66.73, Contracts for Printing of Open-Source Instructional Materials; 66.75, Updates; and 66.78, Delivery of Adopted Instructional Materials (PDF, 55KB)