January 28, 2020 Committee of the Full Board Item 4

One-Time Procedural Action to Correct Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials

January 31, 2020

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: At the November 15, 2019 meeting, the State Board of Education (SBOE) approved for second reading and final adoption proposed revisions to 19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials. In response to public comment, the SBOE voted to amend 19 TAC §66.28(d)(2). For the rules to comply with the intent of the SBOE, the amendment should have been made to 19 TAC §66.28(d)(7). This item requests that the SBOE take a one-time action to amend the motion made at the November 15, 2019 meeting to reinstate the sentence "Samples of submitted prekindergarten materials must match the format of the products to be provided to schools upon ordering" in §66.28(d)(2) and remove the sentence " Samples of adopted prekindergarten materials must match the format of the products to be provided to schools upon ordering" from §66.28(d)(7). 

STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.002, 31.003, 31.023, and 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.

TEC, §31.002, defines open education resource instructional material.

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.

PREVIOUS BOARD ACTION: At the November 15, 2019 meeting, the SBOE approved for second reading and final adoption proposed revisions to 19 TAC Chapter 66, Subchapter B, with an effective date of 20 days after filing as adopted with the Texas Register. The earlier effective date is necessary so that rule changes can be applied to Proclamation 2020 products and the Proclamation 2021 process and to ensure districts have the most current information regarding alignment of instructional materials to the TEKS.

BACKGROUND INFORMATION AND JUSTIFICATION: Rules in 19 TAC Chapter 66, Subchapter B, address 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.

During the second reading and final adoption item at the November 13, 2019 SBOE Committee of the Full Board meeting, the committee discussed revisions to 19 TAC Chapter 66, Subchapter B. Specifically, the committee did not want publishers of prekindergarten materials participating in Proclamation 2021 to be burdened with the costs associated with the requirement in the rule to supply samples to any requesting school district in the same format of the products to be provided to schools upon ordering. For the rule to comply with the expressed intent of the SBOE, the related amendment should have been made to §66.28(d)(7) rather than to §66.28(d)(2). This one-time procedural action provides the opportunity for the board to correct that amendment to reinstate the sentence "Samples of submitted prekindergarten materials must match the format of the products to be provided to schools upon ordering" in §66.28(d)(2) and remove the sentence "Samples of adopted prekindergarten materials must match the format of the products to be provided to schools upon ordering" from §66.28(d)(7). 

If approved by the SBOE, the TEA will update the language in §66.28 and file with the Texas Register the adopted revisions to 19 TAC Chapter 66, Subchapter B, with an effective date of 20 days after filing as adopted with the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Amend the previously adopted motion from the November 15, 2019 minutes of the State Board of Education to reinstate the sentence "Samples of submitted prekindergarten materials must match the format of the products to be provided to schools upon ordering" in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §66.28(d)(2), and to remove the sentence "Samples of adopted prekindergarten materials must match the format of the products to be provided to schools upon ordering" from §66.28(d)(7).

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

Attachment:     Text of Adopted Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §66.28(d) (excerpt)