The State Board of Education (SBOE) creates an adoption cycle for subjects in the Foundation Curriculum to ensure the materials are reviewed once every eight years. Subjects in the Enrichment Curriculum may extend beyond eight years.
The foundation curriculum subject areas are as follows:
- English Language Arts and Reading
- Social Studies
The enrichment curriculum subject areas are as follows:
- Career and Technical Education
- Fine Arts
- Health Education
- Languages other than English (LOTE)
- Physical Education (PE)
- Technology Applications
The SBOE uses a proclamation to call for new instructional materials. The proclamation lists the subject areas scheduled for review. It contains a schedule of adoption procedures, requirements, the Texas Essential Knowledge and Skills (TEKS), and instructions for providing electronic files for braille and large-type materials. Proclamations are named for the year the materials go into the classroom.
Development and Submission
Once the proclamation is issued, publishers submit a Statement of Intent to Bid. This states their interest in participating in the review and adoption cycle. Publishers have one year to develop materials that meet the proclamation’s requirements.
Publishers must provide one electronic sample copy of their instructional materials to TEA and one electronic sample copy to each of the 20 regional education service centers (ESCs). The content of the samples must be complete. Electronic materials, including online products, must be the same as the final product and working.
State Review Panels
State review panel members review instructional materials to find the TEKS and English Language Proficiency Standards (ELPS) covered and factual errors. The commissioner of education appoints the state review panel members from nominations submitted by educational organizations across the state, educators, academic experts, or parents. At the end of the review, the state review panel members report their results to the commissioner of education.
Instructional Materials Adoption
The commissioner of education recommends that the instructional materials be placed on the adopted or rejected list, based on the percentage of TEKS covered. To be eligible for adoption, instructional materials must meet at least 50% of the TEKS and 100% of the ELPS in both the student version and teacher version of the instructional materials.
The commissioner of education presents the SBOE with a Report of Required Corrections of Factual Errors, listing all factual errors discovered in the instructional materials. The report is a collection of errors found by the state review panel, publishers (who must report all known factual errors), and the public or a third-party organization. Publishers must correct all factual errors and provide an affidavit confirming they have done so before the corrected copies are submitted to TEA and to schools.
Any resident of Texas may submit written comments about instructional materials submitted for adoption. Copies of written comments are provided to the SBOE, participating publishers, ESCs, and any requestor. The SBOE holds a public hearing allowing citizens the opportunity to provide oral testimony about instructional materials submitted for adoption. Representatives of publishing companies may respond to testimony at the hearing.
The SBOE determines which materials are adopted or rejected by using the Commissioner of Education’s reports and recommendations. Following the SBOE’s action, the TEA sends contracts to publishers of adopted materials for signature. Contracts signed and returned by the publishers are then signed by the chair of the SBOE and confirmed by the Commissioner of Education. Original contracts are filed with the TEA.
Special Instructional Materials
TEA contracts for the development of braille, large type, and recorded versions of adopted instructional materials. To make the delivery of these accessible print materials easier, publishers submit digital files that conform to the National Instructional Materials Accessibility Standard (NIMAS) to a designated braille producer following the adoption. After all required corrections and editorial changes have been made to both the print and digital files, publishers must submit updated digital files to the National Instructional Materials Access Center (NIMAC). Publishers of state-adopted electronic instructional materials must comply with the technical standards of the Federal Rehabilitation Act, Section 508.
Many publishers provide ancillary materials free to school districts who purchase their adopted materials. Ancillary materials are not part of a publisher's bid or contract. They are not purchased by the state, reviewed by panel members, or adopted by the SBOE.
Local Adoption, Ordering, and Fulfillment
Local authorities for each school district or open-enrollment charter school set their own policy for selecting instructional materials for their students. School districts and open-enrollment charter schools place their orders with TEA through the Educational Materials and Textbooks (EMAT) online system. This statewide electronic instructional materials management tool processes all Texas public education instructional material requests, orders, payments, and deliveries. Adopted instructional materials are purchased with funds from the Instructional Materials Allotment.
Audit and Penalties
TEA oversees an audit of all newly adopted materials to confirm that all factual errors are corrected. This process uses contracted institutions to compare the adopted instructional materials against the Report of the Commissioner of Education Concerning Required Corrections of Factual Errors presented to the SBOE by the commissioner of education. Any uncorrected or new errors are reported to the SBOE who may issue penalties per error.
Errors in Adopted Materials
Students, teachers, parents, and others can report alleged factual errors in state-adopted instructional materials to the Texas Education Agency (TEA) by submitting the Public-Reported Factual Errors Submission Form. If it is determined to be a factual error, TEA will notify the publisher and work with the publisher to correct the error and provide corrected copies of the product to districts.
The helpful links below address Chapter 31 of the Texas Education Code, SBOE rules and the adoption cycle:
Texas Education Code (TEC) Chapter 31
State Board of Education Rules 19 TAC Chapter 66
Adoption Cycle for Foundation and Enrichment Subjects (PDF)