Commissioner's Rules
Adopted New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter AA, Commissioner's Rules Concerning the Commissioner's List of Electronic Textbooks and Instructional Materials, Subchapter BB, Commissioner's Rules Concerning State-Developed Open-Source Textbooks, and Subchapter CC, Commissioner's Rules Concerning Acceptable Condition of Public School Textbooks, Electronic Textbooks,
and Technological Equipment
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter AA, Commissioner's Rules Concerning the Commissioner's List of Electronic Textbooks and Instructional Materials (PDF)
III. Text of Adopted New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter BB, Commissioner's Rules Concerning State-Developed Open-Source Textbooks (PDF)
IV. Text of Adopted New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter CC, Commissioner's Rules Concerning Acceptable Condition of Public School Textbooks, Electronic Textbooks, and Technological Equipment (PDF)
V. Summary of Public Comments and Agency Responses (PDF)
SUMMARY: The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter AA, Commissioner's Rules Concerning the Commissioner's List of Electronic Textbooks and Instructional Materials; Subchapter BB, Commissioner's Rules Concerning State-Developed Open-Source Textbooks; and Subchapter CC, Commissioner's Rules Concerning Acceptable Condition of Public School Textbooks, Electronic Textbooks, and Technological Equipment. The adopted new rules implement the requirements of the Texas Education Code (TEC), Chapter 31, as amended by House Bill (HB) 4294, HB 2488, and HB 1332, 81st Texas Legislature, 2009.
STATUTORY AUTHORITY: The authority for new 19 TAC Chapter 66, Subchapter AA, is the TEC, §31.0231, as added by HB 4294, Section 4, 81st Texas Legislature, 2009. The authority for new 19 TAC Chapter 66, Subchapter BB, is the TEC, §31.076, as added by HB 2488, 81st Texas Legislature, 2009. The authority for new 19 TAC Chapter 66, Subchapter CC, is the TEC, §31.104(d), as amended by HB 1332, 81st Texas Legislature, 2009.
EFFECTIVE DATE: November 21, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In June 2009, the Governor signed into law HB 4294, relating to textbooks, electronic textbooks, instructional materials, and technological equipment in public schools. This legislation requires the commissioner to adopt a list of electronic textbooks and instructional materials that convey information to the student or otherwise contribute to the learning process, including tools, models, and investigative materials designed for use as part of the foundation curriculum for science in Kindergarten-Grade 5. The commissioner is required to adopt rules that are consistent with the TEC, §31.151, regarding the duties of publishers and manufacturers, as appropriate, and the imposition of a reasonable penalty. The commissioner's rules must also require public notice for the submission of an electronic textbook or instructional material.
Adopted new 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter AA, Commissioner's Rules Concerning the Commissioner's List of Electronic Textbooks and Instructional Materials, incorporates similar provisions found in the State Board of Education (SBOE) rules for instructional materials. The adopted new commissioner's rules establish definitions, scope of rules, requirement for registers, manufacturing standards and specifications, administrative penalties, and review and adoption cycles. The adopted new rules specify provisions relating to the public notice and schedule for adopting electronic textbooks and instructional materials. The rules also specify provisions for electronic textbooks and instructional materials review panel appointments, duties and conduct, orientation, and no-contact periods. In addition, the rules set forth requirements for responses to requests for electronic textbooks and instructional materials, materials offered for adoption, public comment, consideration and adoption by the commissioner, statewide licenses, and contracts. The rules also address updates, delivery, and sample copies of adopted electronic textbooks and instructional materials and the selection of materials by school districts. In response to public comment, the following changes to 19 TAC Chapter 66, Subchapter AA, were made since published as proposed.
Section 66.1007, Manufacturing Standards and Specifications, was modified at adoption to clarify Rehabilitation Act, §508, accessibility requirements and compliance if there is a post-approval change to an electronic textbook.
Section 66.1009, Procedures Governing Violations of Statutes--Administrative Penalties, was modified at adoption to be more applicable to online content, including the clarification of provisions relating to assessing penalties for failure to correct errors, the addition of a specific timeline for responding to requests for content changes, the separation of provisions relating to Internet links from online requirements, and the modification to restrictions on collection and use of information for operational tasks.
Section 66.1013, Request, Public Notice, and Schedule for Adopting Electronic Textbooks and Instructional Materials, was modified at adoption to specify a minimum amount of time for content development upon release of the request for materials.
Section 66.1019, Electronic Textbooks and Instructional Materials Review Panels: Duties and Conduct, was modified at adoption to align with language in §66.1013 relating to coverage of essential knowledge and skills.
Section 66.1027, Electronic Textbooks and Instructional Materials Offered for Adoption by the Commissioner, was modified at adoption to clarify the definition of appropriate training for teachers and to provide publishers with the option of submitting correlations using an electronic format.
Section 66.1031, Consideration and Adoption of Electronic Textbooks and Instructional Materials, was modified at adoption to specify that a time period will be established for a publisher to address the reasons why its electronic submission was rejected. The section was also modified to clarify that materials would be rejected for failure to meet the minimum number of essential knowledge and skills.
Section 66.1033, Statewide License, was modified at adoption to clarify that the commissioner has the flexibility to consider a bid based on unit price as well as a submission of a statewide license.
Section 66.1035, Updates to Electronic Textbooks and Instructional Materials, was modified at adoption to remove duplicate language regarding navigational and management feature updates and to add a specific timeline for responding to requests for content changes.
Section 66.1037, Delivery of Adopted Electronic Textbooks and Instructional Materials, was modified at adoption to clarify and consolidate language that requires a publisher to notify affected school districts and charter schools when materials are not available by the date specified in the sales contract.
Section 66.1039, Sample Copies of Electronic Textbooks and Instructional Materials for School Districts, was modified at adoption to address the delivery, duplication, and return of samples.
In response to comments and for consistency, technical edits were made throughout the subchapter to clarify which specified time periods reflect business days rather than calendar days.
In June 2009, the Governor signed into law HB 2488, relating to the purchase of an open-source textbook through a competitive process. This legislation allows the commissioner of education to issue a request for proposal for state-developed open-source textbooks for use in the public schools of Texas according to the TEC, Chapter 31. The TEC, Chapter 31, Subchapter B-1, requires that the open-source textbooks be suitable for use in special populations, including bilingual education programs, and adopted or purchased according to the rules in this subchapter.
Adopted new 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter BB, Commissioner's Rules Concerning State-Developed Open-Source Textbooks, establishes definitions, scope of rules, requirement for registers, manufacturing standards and specifications, and review and adoption cycles. The new rules specify provisions relating to the public notice and schedule for adopting state-developed open-source textbooks, including cost and contracts. In response to public comment, the following change to 19 TAC Chapter 66, Subchapter BB, was made since published as proposed.
Section 66.1107, Manufacturing Standards and Specifications, was modified at adoption to clarify Rehabilitation Act, §508, accessibility requirements and compliance if there is a post-approval change to an electronic textbook.
In June 2009, the Governor signed into law HB 1332, relating to responsibility for public school textbooks and technological equipment and failure by students to return textbooks or technological equipment. This legislation requires the commissioner to adopt by rule criteria for determining whether a textbook, including an electronic textbook, and technological equipment are returned in an acceptable condition.
Adopted new 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter CC, Commissioner's Rules Concerning Acceptable Condition of Public School Textbooks, Electronic Textbooks, and Technological Equipment, specifies the conditions that must be met when students return public school textbooks, electronic textbooks, and technological equipment. No changes were made to 19 TAC Chapter 66, Subchapter CC, since published as proposed.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to individuals or entities required to comply with new 19 TAC Chapter 66, Subchapters AA and BB. The TEA has also determined that there are no additional costs to state or local governments to comply with proposed new 19 TAC Chapter 66, Subchapter CC; however, there may be costs to individuals to comply with proposed new 19 TAC Chapter 66, Subchapter CC. Students and/or parents and guardians may be required to cover the cost of textbooks, electronic textbooks, or technological equipment not used appropriately or not returned in an acceptable condition. It is not possible to estimate the anticipated costs per fiscal year because the costs will vary. On average, the cost for a textbook is approximately $50. Electronic instructional materials provided through software could cost as low as $50 or could be significantly more expensive. As an example of technological equipment, the cost for a laptop computer might range from as low as $300 to $1,000 or higher. Other technological equipment such as a USB flash drive on which instructional materials have been saved for students could be as low as $20.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The adopted new rules establish policies and procedures for publishers and districts regarding additional options for electronic textbooks and instructional materials and state-developed open-source textbooks. The rules provide online instructional material options for students. The additional options for electronic textbooks reduce the number of printed copies needed, thereby eliminating storage issues. The new rules also ensure that students receive textbooks, electronic textbooks, and technological equipment that are in good condition when those resources have been used previously.
PROCEDURAL AND REPORTING IMPLICATIONS: The review and adoption process for electronic textbooks and instructional materials will follow the process in SBOE rule for instructional materials, with provisions for differences in delivery formats and new requirements authorized by HB 4294 and HB 2488. School districts will report to the TEA reasons for cancelling a subscription for an electronic textbook or instructional material and subscribing to a new electronic textbook or instructional material. Districts must verify that selected electronic or open-source textbooks meet the Texas Essential Knowledge and Skills. Statute authorizes school districts to establish local policy for waiving or reducing the payment requirement for failure to return textbooks, electronic textbooks, and technological equipment for a student who is from a low-income family.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The adopted new rules have no new locally maintained paperwork requirements. All reporting requirements will be incorporated into the EMAT system.
PUBLIC COMMENTS: The public comment period on the proposal began April 30, 2010, and ended on June 1, 2010. Attachment V reflects a summary of public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 66, Subchapters AA-CC.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
Norma Torres-Martinez, Deputy Associate Commissioner, Standards and Alignment
John Lopez, Managing Director, Instructional Materials and Educational Technology
For additional information, email rules@tea.state.tx.us.