November 2015 Committee of the Full Board Item 4
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 18, 2015
COMMITTEE OF THE FULL BOARD: 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, §2001.039. The statutory authority for 19 TAC Chapter 66 is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.
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, §31.003, authorizes the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 66, Subchapters A-C, in January 2012, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the review, the SBOE last amended rules in Subchapters A and C effective July 8, 2012, and in Subchapter B effective May 21, 2014. Subchapters D and E were repealed effective July 8, 2012.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 66, Subchapters A-C, will be presented to the SBOE for adoption at the January 2016 board meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Subchapter A outlines 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 review cycles, contracts with publishers, state review panels, open-source instructional materials, and delivery of 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: As a separate item in this agenda, proposed revisions to 19 TAC Chapter 66, Subchapters A-C, are being presented for first reading and filing authorization.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the review of 19 TAC Chapter 66 with the Texas Register following the November 2015 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 66 continue to exist. The official comment period will begin with publication of the proposed review of 19 TAC Chapter 66 in the Texas Register.
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 different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: Benefits include clear guidance regarding the review and adoption of instructional materials for those participating in the process.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: The official public comment period will begin when the rule actions are published as proposed in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A separate item in this agenda presents proposed revisions to 19 TAC Chapter 66, Subchapters A-C, for first reading and filing authorization.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Kelly Callaway, Division Director
Instructional Materials and Educational Technology
Attachments:
I. Statutory Citations (PDF, 19KB)
II. 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 (PDF, 121KB)