Discussion of House Bill 1605, 88th Texas Legislature, Regular Session

August 29, 2023

COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: House Bill (HB), 1605, 88th Texas Legislature, Regular Session, addresses instructional material and technology, the adoption of essential knowledge and skills for certain public school foundation curriculum subjects, and the extension of additional state aid to school districts for the provision of certain instructional materials. This item provides the opportunity for the committee to hear updates on the Instructional Materials Review and Approval (IMRA) process and discuss the approach to developing the quality rubric criteria and process.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§26.0061(f) as added by HB 1605, 88th Texas Legislature, Regular Session, 31.003, 31.022, 31.023, 28.002(c-4), and 31.154, as added by HB 1605, 88th Texas Legislature, Regular Session.

TEC, §26.0061(f) as added by HB 1605, 88th Texas Legislature, Regular Session, permits the State Board of Education (SBOE) to adopt rules to implement new §26.0061, Rights to Request Instructional Material Review, a process by which a parent of a student may request an instructional material review under TEC §31.0252 for a subject area in the grade level in which the student is enrolled.  

TEC, §28.002(c-4) as added by HB 1605, 88th Texas Legislature, Regular Session, requires the SBOE to specify a list of required vocabulary and at least one literary work to be taught in each grade level.

TEC, §31.003, permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.

TEC, §31.023 requires the commissioner to establish, in consultation with and with the approval of the State Board of Education, 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 State Board of Education.

TEC, §31.154 as added by HB 1605, 88th Texas Legislature, Regular Session, requires the SBOE to adopt standards for entities that supply instructional materials reviewed by TEA to make instructional materials supplied by the entity available on a parent portal hosted by the entity.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code, Chapter 31, addresses instructional materials in public education and permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, passed by the 88th Texas Legislature, Regular Session, significantly revises Chapter 31 including several provisions under SBOE authority. HB 1605 also adds a new provision to TEC, Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE approved materials. The bill adds 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 Commissioner of Education, Mike Morath and to begin discussion of preliminary decisions and next steps. The June 2023 SBOE HB 1605 Work Session Presentation shared during the work session are available on the TEA website.

Staff Member Responsible:    
Todd Davis, Interim Associate Commissioner of Instructional Strategy
Nicholas Keith, Executive Director of High-Quality Instructional Materials Supports

Separate Exhibit:
Instructional Material Review Criteria Overview
(to be provided at the August-September 2023 SBOE meeting)