Report and Recommendations from the Commissioner of Education Regarding
Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation
April 15, 2011
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item will present the report and recommendations from the commissioner of education that instructional materials offered for adoption be placed on the conforming list, on the nonconforming list, or be rejected. The Midcycle 2011 Proclamation instructional materials will be used by school districts and open-enrollment charter schools beginning with school year 2011-2012. Midcycle 2011 Proclamation programs that were submitted for adoption include Career and Technical Education. Recommendations will also be made regarding ensuring the materials’ adherence to the required manufacturing standards and specifications.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.022, 31.0221, 31.023, and 31.024.
PREVIOUS BOARD ACTION: House Bill (HB) 188 passed by the 80th Texas Legislature in 2007 included a requirement that the State Board of Education (SBOE) adopt rules for a midcycle review and adoption of instructional materials. Amendments to 19 Texas Administrative Code (TAC) Chapter 66 adopted in November 2007 included §66.22, Midcycle Review and Adoption. At the July 2008 meeting, the SBOE granted approval to proceed with the midcycle review and adoption. The Midcycle 2011 Proclamation was issued by the SBOE in March 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The midcycle process will provide publishers and other content providers an opportunity to introduce textbooks that were not available when the subject’s materials were last purchased, without having to wait for the completion of the full adoption cycle. The rules in 19 TAC Chapter 66 specify that the midcycle review and adoption process would largely follow the same procedures as the regular review and adoption process.
The Midcycle 2011 Proclamation included subject areas in Career and Technical Education and Health. The agency received bids from publishers in Career and Technical Education.
The preliminary report on instructional materials was transmitted to publishers in February 2011 prior to the SBOE meeting. Publishers had several options following receipt of the preliminary recommendations: (1) they could agree with the recommendations and take no action; (2) they could provide documentation supporting coverage of Texas Essential Knowledge and Skills (TEKS) in their original submissions; (3) they could submit new content to cover TEKS considered not addressed; or (4) they could use any combination of these options. Publishers also had the option of requesting that they be allowed to withdraw their submissions.
Rules in 19 TAC, §66.7(a) state, "Instructional materials adopted by the State Board of Education (SBOE) shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the national Advisory Commission on Textbook Specifications. If it is determined that good cause exists, the commissioner of education may recommend that the SBOE grant an exception to this requirement." No publishers have requested waivers to these requirements.
FISCAL IMPACT: HB 188 allows the SBOE to collect a fee from participating publishers to cover the cost of the midcycle review and adoption. The agency collected the appropriate fees from the publishers and 19 TAC Chapter 66 rules stipulate that the SBOE will implement the midcycle review and adoption of textbooks only to the extent that the commissioner of education determines that funds are appropriated for that purpose. HB 188 identified the textbook credit program as the funding source for instructional materials adopted in midcycle.
PUBLIC AND STUDENT BENEFIT: Publishers and other organizations will have an opportunity to introduce instructional materials that were not available when a subject’s materials were last purchased, without having to wait for the completion of the full adoption cycle. Texas schools will have additional instructional materials available to them.
PROCEDURAL AND REPORTING IMPLICATIONS: Adopted materials will be included in the Educational Materials and Textbooks (EMAT) online system.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: Rules in 19 TAC §66.66(d) state, "The SBOE may allow a publisher to withdraw from the adoption process after the date specified in the proclamation due to recommended placement on a conforming or nonconforming list, manufacturing specifications required as a condition of adoption by the SBOE that the publisher states cannot be met, or failure to agree to make corrections required by the SBOE." If requests to withdraw are made by publishers prior to the April SBOE meeting, or if a change in the recommendations occurs following a show-cause hearing, a revised agenda item will be made available to the SBOE.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Require that all publishers make corrections listed in the Report of the Commissioner of Education Concerning Required Corrections of Factual Errors;
Require that all student textbooks meet established manufacturing standards and specifications;
Place the remaining instructional materials submitted for adoption on the Conforming List or Nonconforming List as indicated on the Final Recommendations of the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation.
Commissioner of Education
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
Christopher Lucas, Manager, Review and Adoption
Instructional Materials and Educational Technology
Statutory Citations Relating to Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation
I. Final Recommendations of the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation
II. Report of the Commissioner of Education Concerning Required Corrections of Factual Errors
(to be provided prior to the April SBOE meeting)