Report and Recommendations from the Commissioner of Education Regarding
Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation
July 22, 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 correction of factual errors to be required in adopted materials.
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. At the April 2011 meeting, the SBOE adopted six products as conforming under the Midcycle 2011 Proclamation.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The midcycle process provides 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 (CTE) and Health. The agency received bids from publishers in Career and Technical Education. The revised TEKS for CTE were adopted in July 2009. CTE materials submitted address the revised TEKS.
The preliminary report on instructional materials was transmitted to publishers in February 2011. 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. In response to the preliminary report, one publisher provided new content for several of its products. Panelists reviewed this new content in March and April of 2011.
At the time this item was prepared, the following publishers have requested permission to withdraw their submissions from consideration:
EMC Publishing, LLC to withdraw Anatomy & Physiology: A Case Study Approach; Anatomy and Physiology
EMC Publishing, LLC to withdraw Preparing for Career Success; Career Preparation I
EMC Publishing, LLC to withdraw Computers: Understanding Technology - Comprehensive; Principles of Information Technology
The Report of the Commissioner of Education Concerning Required Corrections of Factual Errors lists factual errors that publishers must agree to correct as a condition of adoption. The report is based on review by staff, recommended corrections submitted by members of the public, and comments filed by the state textbook review panel members.
Publishers will be required to verify that all corrections required as a condition of adoption have been made. Publishers will also be required to file with the agency one corrected copy of student and teacher components that incorporate all required corrections.
FISCAL IMPACT: There is no specific appropriation for materials adopted under a Midcycle Proclamation. Districts may use either textbook credits or local funds to purchase materials.
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 July 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;
Approve changes and corrections in lists submitted by publishers to the agency and in response to written comments and public testimony;
Grant permission for EMC Publishing, LLC to withdraw Anatomy & Physiology: A Case Study Approach; Anatomy and Physiology;
Grant permission for EMC Publishing, LLC to withdraw Preparing for Career Success; Career Preparation I;
Grant permission for EMC Publishing, LLC to withdraw Computers: Understanding Technology - Comprehensive; Principles of Information Technology; and
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 July SBOE meeting)