January 2016 Committee of the Full Board Wednesday Item 1
Adoption of Review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
(Adoption of Review)
January 29, 2016
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of the review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The rules being reviewed establish procedures for the adoption, purchase, and distribution of instructional materials.
STATUTORY AUTHORITY: The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 66 is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.
The Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
The TEC, §7.102(c)(23), requires the SBOE to adopt and purchase or license instructional materials as provided by the TEC, Chapter 31, and adopt rules required by that chapter.
The TEC, §31.003, authorizes the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 66, Subchapters A-C, in January 2012, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the review, the SBOE last amended rules in Subchapters A and C effective July 8, 2012, and in Subchapter B effective May 21, 2014. Subchapters D and E were repealed effective July 8, 2012.
The review of 19 TAC Chapter 66, Subchapters A-C, was presented for discussion to the Committee of the Full Board at the November 2015 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Subchapter A outlines general provisions for instructional materials such as manufacturing standards and specifications and administrative penalties for violations of statute. Subchapter B addresses the adoption of instructional materials, covering topics such as review cycles, contracts with publishers, state review panels, open-source instructional materials, and delivery of adopted instructional materials. Subchapter C specifies requirements for publishers to provide each school district with certain information about materials submitted for adoption and outlines the district's responsibility in selecting and maintaining instructional materials. The SBOE maintains authority to adopt rules on instructional materials; therefore, the need for the rules in Subchapters A-C remains.
RULE REVIEW: Following the November 2015 SBOE meeting, the Texas Education Agency (TEA) filed notice of the proposed review of 19 TAC Chapter 66, Subchapters A-C, with the Texas Register.
If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the January 2016 meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 66, Subchapters A-C, continue to exist. Any public comments received during the review of 19 TAC Chapter 66, Subchapters A-C, will also be filed.
The filing of the notice of adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: Benefits include clear guidance regarding the review and adoption of instructional materials for those participating in the process.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the November 2015 SBOE meeting, notice of the proposed review of 19 TAC Chapter 66, Subchapters A-C, was filed with the Texas Register, initiating the official public comment period for the review. At the time this item was prepared, one comment had been received regarding this review. All public comments received will be provided to the SBOE during the January 2016 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A separate item in this agenda presents proposed revisions to 19 TAC Chapter 66, Subchapters A-C, for second reading and final adoption.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Kelly Callaway, Division Director
Instructional Materials and Educational Technology
Attachments:
I. Statutory Citations (PDF, 19KB)
II. Text of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations (PDF, 135KB)