The Texas Constitution, Article VII, Section 3, requires the SBOE set aside sufficient money to provide free textbooks for all children attending public schools in the state. In accordance with this requirement, the SBOE allocates a portion of the Available School Fund, which comprises money set aside by the state from various revenue sources for the support of the public school system. The Texas Legislature appropriates the funds for instructional materials
Selection of new instructional materials for use in the state is a process that begins when the SBOE issues a proclamation calling for bids in selected subject areas and/or grade levels. The adoption process is complete with the selection and implementation of new materials by school districts.
The SBOE organizes an adoption cycle for subjects in the Foundation Curriculum to ensure that materials for each subject are reviewed at least once every eight years. The cycle for the review of materials for subjects in the Enrichment Curriculum may extend beyond the eight-year period and is at the discretion of the SBOE. Subject areas for which instructional materials are adopted for both of the two categories are listed below:
- English Language Arts and Reading
- Social Studies
- Career and Technical Education
- Fine Arts
- Health Education
- Languages other than English (LOTE)
- Physical Education (PE)
- Technology Applications
The SBOE solicits bids for new instructional materials by issuing a proclamation. The proclamation identifies the subject areas scheduled for review and contains the content requirements (Texas Essential Knowledge and Skills, or TEKS). It also contains a detailed schedule of adoption procedures and instructions for providing electronic files for the production of braille and large type materials. Proclamations are named for the year in which the materials are intended to be made available in the classroom.
Development and Submission
After each proclamation is issued, publishers are required to submit a Statement of Intent to Bid (SOITB), indicating their interest in participating in the review and adoption cycle. Typically, they have one years to develop materials that align with the requirements of the proclamation.
Publishers are required to provide one sample copy of their instructional materials to the Texas Education Agency (TEA) and one sample copy to each of the 20 regional Education Service Centers (ESCs). Samples of student and teacher components of instructional materials must be complete as to content. Electronic materials, including online products, must be representative of the final product and completely functional.
State Review Panels
The materials submitted for adoption will undergo a full and complete investigation by a state review panel to identify the TEKS covered, the ELPS covered, alignment to the College and Career Readiness Standards, and identify factual errors. Nominations are solicited from educational organizations across the state, educators, academic experts, and parents. From these nominations, the Commissioner of Education appoints the panel members with the advice and consent of the SBOE. At the completion of the review, the panels’ findings are reported to the Commissioner of Education.
Instructional Materials Adoption
After considering the evaluations of the state review panel members and TEA staff recommendations, the Commissioner of Education recommends that the instructional materials be placed on the adopted or rejected list, based on the number of TEKS covered. To be eligible for adoption, instructional materials must meet at least 50% of the elements of the Texas Essential Knowledge and Skills (TEKS)- for the subject and grade level for which the materials are intended in both the student version and the teacher version of the instructional materials.
In addition to the report on the coverage of required TEKS, the Commissioner of Education presents the SBOE with the Report of the Commissioner of Education Concerning Required Corrections of Factual Errors, listing all factual errors discovered in the instructional materials. The report is a compilation of the errors found by the state review panels, those reported by the publishers (who are required to disclose all known factual errors), and any reported to the TEA by the general public or third-party organizations. Publishers are required to correct all factual errors, and provide an affidavit attesting that they have done so, before the corrected copies are submitted to the TEA in advance of sending the materials to schools.
Any resident of Texas may submit written comments about instructional materials submitted for adoption. Copies of written comments will be provided to the SBOE, participating publishers, ESCs, and persons who have filed written requests. Additionally, the SBOE also holds a public hearing to afford citizens the opportunity to provide oral testimony regarding instructional materials submitted for adoption. Representatives of publishing companies may make oral responses to testimony at the hearing.
Using the Commissioner of Education’s reports and recommendations as a guide, the SBOE determines which materials are adopted or rejected. Following the SBOE’s action, the TEA sends contract forms to publishers of adopted materials for signature. Contracts signed and returned by the publishers are signed by the chair of the SBOE and attested to by the Commissioner of Education. Original contracts are filed with the TEA.
Special Instructional Materials
The TEA contracts for the development of braille, large type and recorded versions of adopted instructional materials. To facilitate the timely delivery of print instructional materials in accessible formats, publishers submit digital files that conform to the National Instructional Materials Accessibility Standard (NIMAS) to a designated braille producer following the adoption. After all required corrections and editorial changes have been made to both the print version and the digital files, publishers must also submit updated digital files to the National Instructional Materials Access Center (NIMAC). Publishers of state adopted electronic instructional materials are also encouraged to comply with the technical standards of the Federal Rehabilitation Act, Section 508.
Many publishers also provide ancillary materials at no cost to school districts that select their adopted materials. Ancillary materials are not part of a publisher's bid or contract, and are not purchased by the state. Therefore, these items are not reviewed by panel members at the state level and are not adopted or sanctioned by the SBOE.
Local Adoption, Ordering, and Fulfillment
Local authorities for each school district or open-enrollment charter school set their own policy for selecting the most appropriate instructional materials for their students. Upon making their decisions, school districts and open-enrollment charter schools place their orders with the TEA through the Educational Materials and Textbooks (EMAT) online system, a statewide electronic instructional materials management tool that processes all Texas public education instructional material requests, orders, payments, and deliveries. Adopted instructional materials are purchased with funds from the Instructional Materials Allotment.
Audit and Penalties
In order to confirm that all factual errors are corrected, the TEA oversees an audit of all newly adopted programs. Contracting with Texas public colleges and universities, the TEA facilitates a process by which the contracted institutions compare the adopted instructional materials against the Report of the Commissioner of Education Concerning Required Corrections of Factual Errors presented to the SBOE by the Commissioner of Education. Upon completion of the audit, the TEA reports any uncorrected errors, or any new errors discovered, to the SBOE for action. The SBOE may assess a penalty for each factual error.
Texas Education Code (TEC) Chapter 31
State Board of Education Rules 19 TAC Chapter 66
Adoption Cycle for Foundation and Enrichment Subjects Revised July 2014 (PDF, 85KB)
For additional information, contact:
Instructional Materials Review & Adoption
1701 North Congress Avenue
Austin, TX 78701
Phone (512) 463-9601