November 2019 Committee on Instruction Item 6

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

November 14, 2019

COMMITTEE ON INSTRUCTION:  DISCUSSION
STATE BOARD OF EDUCATION:  NO 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 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 (TGC), §2001.039. The statutory authority for 19 TAC Chapter 66, Subchapters A-C, is the Texas Education Code (TEC), §§7.102(c)(23), 31.002, 31.003, 31.023, 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017. 

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, §31.002, defines open education resource instructional material.

The TEC, §31.003, authorizes the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. 

TEC, §31.023, 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, 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.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED:  The review of 19 TAC Chapter 66, Subchapters A-C, will be presented to the SBOE for adoption at the January 2020 board meeting.

BACKGROUND INFORMATION AND JUSTIFICATION:  Rules in 19 TAC Chapter 66, Subchapter A, outline 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 proclamation, public notice, and schedule for adopting instructional materials; requirements for publisher participation; procedures for handling of samples and public access to samples; public comment on instructional materials; adding content during panel review and during the public comment period; and updates to 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.

ANTICIPATED REVISIONS TO RULES: At the September 2019 meeting, the SBOE approved for first reading and filing authorization proposed revisions to 19 TAC Chapter 66, Subchapter B. A separate item in this agenda presents proposed revisions to 19 TAC Chapter 66, Subchapter B, for second reading and final adoption. As a result of the rule review, Texas Education Agency (TEA) staff do not anticipate presenting changes to 19 TAC Chapter 66, Subchapters A and C, at a future meeting.

PUBLIC COMMENTS: The TEA will file the notice of proposed review of 19 TAC Chapter 66, Subchapters A-C, with the Texas Register following the November 2019 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 66, Subchapters A-C, continue to exist. The public comment period on the proposed rule review begins December 20, 2019, and ends January 24, 2020. The Committee on Instruction will take registered oral and written comments on this item at the January 2020 meeting.

The filing of the notice of proposed review soliciting comments as to whether the reasons for adoption continue to exist would not preclude any amendments that may be proposed at the same time or at different times through a separate rulemaking process.

Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Kelly Callaway, Senior Director, Instructional Materials

Attachment:        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