November 2017 Committee of the Full Board Wednesday Item 4

Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
(First Reading and Filing Authorization)

November 10, 2017

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

SUMMARY:
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The proposed amendments would update rules related to state review and adoption of instructional materials as well as ordering and distribution of instructional materials to align with recent legislative changes.

STATUTORY AUTHORITY:
Texas Education Code (TEC), §§31.002, as amended by Senate Bill (SB) 810, 85th Texas Legislature, Regular Session, 2017; 31.003; 31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017; 31.035, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session 2017.

TEC, §31.002, as amended by SB 810, 85th Texas Legislature, Regular Session, 2017, defines open education resource instructional material.

TEC, §31.003, authorizes the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.

TEC, §31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, 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, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, 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.

EFFECTIVE DATE: The proposed effective date of the proposed amendments is 20 days after filing with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2018-2019 school year. The earlier effective date will enable Proclamation 2019 products to be reviewed under the revised rules.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 66, Subchapters B and C, effective September 1, 1996. The SBOE most recently revised rules in Subchapters B and C effective May 5, 2016. Proposed amendments to 19 TAC Chapter 66, Subchapters B and C, were presented to the Committee of the Full Board for discussion at the September 2017 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: SB 810, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §31.002, to change the term open-source instructional materials to open education resource instructional materials and update the definition for the term. SB 801, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §31.023 and §31.035, to specify that instructional materials and supplemental instructional materials must be suitable for the subject and grade level and reviewed by academic experts in the subject and grade level.

This item presents for first reading and filing authorization proposed amendments to the instructional materials rules that would align with changes in legislation. The proposed amendments would also reflect changes relating to publishers, contracts, and updates to adopted instructional materials.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendments do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendments do not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC AND STUDENT BENEFIT: The proposed amendments would allow the SBOE rules to reflect current statutory requirements regarding instructional materials.

PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed amendments would have no new procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS:
The official public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Kelly Callaway, Senior Director
Instructional Materials

Attachments:
I. Statutory Citations (PDF, 24KB)
II. Text of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations (PDF, 119KB)