January 2016 Committee on Instruction Item 5
Recommendations Regarding Renewal of Instructional Materials Contracts
January 29, 2016
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item recommends renewal of instructional materials contracts that expire on August 31, 2016. This action is recommended to ensure that these materials remain available for distribution to school districts until new replacements become available.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003 and §31.026.
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, §31.026, requires the SBOE to execute contracts with publishers of adopted materials that coincide with the board's review cycle and that specify a price fixed for the term of the contract that does not exceed the lowest price paid by any other state or any school or school district.
PREVIOUS BOARD ACTION: Instructional materials included in Proclamation 2010 (English and Spanish Language Arts and Reading, English I and II for Speakers of Other Languages, and English Language Proficiency Standards, grades 9-12), were adopted by the SBOE in November 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: 19 TAC Chapter 66, §66.24(c) states the following: “Publishers awarded new contracts shall be prepared to make the adopted instructional materials available for at least one extended contract period of not more than four years at prices that are mutually agreeable to publishers and to the commissioner of education. The SBOE may consider refusing to award future contracts to a publisher who, after receiving written notice to do so, refuses to rebid instructional materials at least one time. Failure of a publisher to negotiate an acceptable price for an extended contract shall not be considered failure to rebid instructional materials.”
A list of instructional materials recommended for 2016-2020 renewal is included as Attachment II. Current contracts for these materials will expire on August 31, 2016, and new instructional materials for the subject areas will not be adopted by that date. Renewal of these contracts will ensure that currently adopted materials in these subject areas remain available for distribution until new instructional materials are adopted.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: Renewal will ensure that the instructional materials continue to be available to school districts and open-enrollment charter schools to replace lost or worn-out materials and to accommodate increases in enrollment.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Renew contracts for instructional materials adopted under Proclamation 2010 in the subject areas and for the periods indicated in Attachment II.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Kelly Callaway, Division Director
Instructional Materials and Educational Technology
Attachments:
I. Statutory Citations (PDF, 14KB)
II. Instructional Materials Recommended for 2016–2020 Contract Renewal (PDF, 324KB)