September 2017 Committee of the Full Board Item 4
Discussion of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and
Subchapter C, Local Operations
September 13, 2017
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the committee to discuss proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The proposed amendments would update rules related to state review and adoption of instructional materials as well as ordering and distribution of instructional materials to align with recent legislative changes.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.002, as amended by Senate Bill (SB) 810, 85th Texas Legislature, Regular Session, 2017; 31.003; 31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017; 31.035, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017; and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.
TEC, §31.002, as amended by SB 810, 85th Texas Legislature, Regular Session, 2017, defines open education resource instructional material.
TEC, §31.003, authorizes the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
TEC, §31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to adopt a list of instructional materials that meet applicable physical specifications, contain material covering at least half of the applicable Texas Essential Knowledge and Skills (TEKS) in the student version and in the teacher version, are suitable for the subject and grade level for which the instructional material was submitted, and have been reviewed by academic experts in the subject and grade level for which the instructional material was submitted.
TEC, §31.035, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, allows the SBOE to adopt supplemental instructional materials that are not on the adopted list if the material covers one or more primary focal points or topics of a subject in the required curriculum, is not designed to serve as the only instructional material for the course, meets applicable physical specifications, is free from factual errors, is suitable for the subject and grade level for which the instructional material was submitted, and has been reviewed by academic experts in the subject and grade level for which the instructional material was submitted. The statute requires the SBOE to identify the TEKS that are covered by the supplemental instructional material and requires the material to comply with the review and adoption cycle provisions.
HB 3526, Section 5, 85th Texas Legislature, Regular Session, 2017, changes the name of the instructional materials allotment to the technology and instructional materials allotment.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 66, Subchapters B and C, effective September 1, 1996. The SBOE most recently revised rules in Subchapters B and C effective May 5, 2016.
FUTURE ACTION EXPECTED: Proposed amendments to 19 TAC Chapter 66, Subchapters B and C, will be presented for first reading and filing authorization at the November 2017 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: SB 810, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §31.002, to change the term open-source instructional materials to open education resource instructional materials and update the definition for the term. SB 801, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §31.023 and §31.035, to specify that instructional materials and supplemental instructional materials must be suitable for the subject and grade level and reviewed by academic experts in the subject and grade level.
This item provides the opportunity for the committee to discuss updates to the instructional materials rules to align with changes in legislation. The proposed amendments also reflect changes relating to publishers, contracts, and updates to adopted instructional materials. Attachment II presents the text of proposed amendments to 19 TAC Chapter 66, Subchapters B and C, for consideration by the SBOE.
FISCAL IMPACT: The Texas Education Agency does not anticipate any additional costs to persons or entities required to comply with the proposed amendments; however, fiscal implications will be assessed after the committee gives direction regarding proposed amendments to bring forward for first reading and filing authorization.
PUBLIC AND STUDENT BENEFIT: The proposed amendments would allow the SBOE rules to reflect current statutory requirements regarding instructional materials.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Kelly Callaway, Senior Director
Instructional Materials
Attachments:
I. Statutory Citations (PDF, 24KB)
II. Text of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations (PDF, 151KB)