April 11, 2023 Committee of the Full Board Item 4
Discussion of Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §66.30, State Review Panels: Eligibility and Appointment
April 11, 2023
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the committee to discuss a possible amendment to
19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §66.30, State Review Panels: Eligibility and Appointment. This item would allow the committee to determine if updates to the current rule are needed.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102, 31.002, 31.003, 31.005, 31.022, 31.0221, 31.023, 31.024, 31.0241, 31.0242, 31.026, 31.0261, and 31.035.
TEC, §7.102, requires the State Board of Education (SBOE) to adopt rules related to TEC, Chapter 31.
TEC, §31.002, defines instructional material, open education resource instructional material, publisher, and technological equipment.
TEC, §31.003, authorizes the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
TEC, §31.005, authorizes an open-enrollment charter school to use the instructional materials allotment and subjects the school to TEC, Chapter 31, as if the school were a school district.
TEC, §31.022, requires the SBOE to adopt a review and adoption cycle for instructional materials in prekindergarten-Grade 12 and establishes priorities for that cycle. The statute requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum every eight years and the enrichment curriculum as appropriate. TEC, §31.022, also establishes requirements for the SBOE to meet regarding issuing proclamations.
TEC, §31.0221, requires the SBOE to adopt rules for the midcycle review and adoption of instructional materials for a subject for which materials are not currently under review as part of the regular adoption cycle. The rules must require participating publishers to pay a fee to cover costs of the review, to enter into an appropriate contract that ends at the same time as other products adopted for that subject area, and to commit to providing adopted materials in the agreed-upon manner.
TEC, §31.023, requires the SBOE to adopt a list of instructional materials that meet applicable physical specifications and contain material covering at least half of the applicable TEKS in the student version and in the teacher version.
TEC, §31.024, requires the SBOE to make decisions on the adopted list by majority vote and to provide a list of adopted materials no later than December 1 of the year prior to the year the materials are expected to be in classrooms.
TEC, §31.0241, requires the SBOE to include open-source materials produced by eligible institutions on the adopted list if they meet certain requirements.
TEC, §31.0242, prescribes time periods and duties for the SBOE with regard to review of open-source 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.
TEC, §31.0261, allows the SBOE to execute contracts for the printing of adopted open-source instructional materials and requires that the contracts allow a school district to purchase printed copies of those materials.
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, and is free from factual errors. 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.
The full text of statutory citations can be found in the statutory authority section of this agenda.
FUTURE ACTION EXPECTED: Any proposed amendment to §66.30 will be presented for first reading and filing authorization at the June 2023 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 66.30 addresses the eligibility for instructional materials state review panels and the process for nomination and selection to the state review panels.
Staff Member Responsible:
Amie Phillips, Director, Instructional Materials Review
Attachment:
Text of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, §66.30, State Review Panels: Eligibility and Appointment