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January 30, 2024 Committee of the Full Board Item 3

Consideration for Approval of Instructional Materials Review and Approval Process

February 2, 2024

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

SUMMARY: This item provides an opportunity for the State Board of Education (SBOE) to consider for approval the new Instructional Materials Review and Approval (IMRA) process and procedures.

STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003(a) and §31.023, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.

TEC, §31.003(a), as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.

TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE.

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

PREVIOUS BOARD ACTION: At its December 2023 meeting, the board discussed the proposed IMRA process and provided feedback to staff.

BACKGROUND INFORMATION AND JUSTIFICATION: TEC, Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, 88th Texas Legislature, Regular Session, 2023, significantly revises Chapter 31, including several provisions under SBOE authority. HB 1605 also added a new provision to Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE-approved materials. In addition, the bill added requirements related to adoption of essential knowledge and skills in TEC, Chapter 28. The SBOE will need to amend rules and take related action to align with the requirements of this legislation.

At the June 2023 meeting, the Committee of the Full Board held a work session to receive an overview presentation on HB 1605 from the commissioner of education and to begin discussing preliminary decisions and next steps. The June 2023 SBOE HB 1605 Work Session Presentation shared during the work session is available on the TEA website at June 2023 SBOE HB 1605 Work Session Slides.   

At the August-September 2023 meeting, the Committee of the Full Board discussed the IMRA process and discussed the approach to developing the quality rubric criteria and process. 

At the November 2023 meeting, the board discussed the proposed IMRA process and provided feedback to TEA staff.

PUBLIC BENEFIT AND COST TO PERSONS: In accordance with HB 1605, 88th Texas Legislature, Regular Session, 2023, the new IMRA process will provide clarification to publishers, districts, and the public regarding the process and procedures for the review and SBOE approval of instructional materials. There is no anticipated economic cost to persons who are required to comply with the proposal.  

PUBLIC COMMENTS: A summary of public feedback will be presented to the board at the January-February 2024 meeting.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve the process and procedures for the new Instructional Materials Review and
Approval (IMRA) process.

Staff Members Responsible:
Todd Davis, Associate Commissioner, Instructional Strategy  
Nicholas Keith, Executive Director, High-Quality Instructional Materials Supports Division 
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports Division

Separate Exhibit:         
Instructional Materials Review and Approval Draft Process
(to be provided at the January-February 2024 SBOE meeting)