Recommendations Regarding Readoption of Instructional Materials
July 22, 2011
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item recommends readoption of instructional materials with contracts that expire on August 31, 2011. This action is recommended to ensure that these materials remain available for distribution to school districts until new replacements become available.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003.
PREVIOUS BOARD ACTION: In March 2010, the State Board of Education (SBOE) adopted instructional materials included in the Midcycle 2010 Proclamation. In January 2011, the SBOE readopted several other instructional materials with contracts that expire on August 31, 2011.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Rules in 19 Texas Administrative Code (TAC) §66.24(c) state that, "Publishers awarded new contracts shall be prepared to make the adopted instructional materials available for at least one extended contract period of not more than four years at prices the commissioner of education approves. Failure of a publisher to negotiate an acceptable price for an extended contract shall not be considered failure to rebid instructional materials."
The attachment lists all of the products, by course, that are being recommended for readoption. The TEC, §31.0221, stipulates that contracts for instructional materials adopted in Midcycle must end at the same time as contracts entered into by the board for other instructional materials for the same subject and grade level. Current contracts for instructional materials in the subject areas listed will expire on
August 31, 2011, and new instructional materials in these subject areas will not be adopted by that date. Readoption contracts are recommended in order to ensure that currently adopted materials in these subject areas remain available for distribution until new instructional materials are adopted.
At the time this item was prepared, staff was coordinating with the publisher concerning its willingness to make the currently adopted instructional materials available for an extended contract period at acceptable prices.
FISCAL IMPACT: House Bill (HB) 188 passed by the 80th Texas Legislature in 2007 identified the textbook credit program as the funding source for instructional materials adopted in midcycle.
PUBLIC AND STUDENT BENEFIT: The recommended readoptions would ensure that school districts retain the ability to obtain instructional materials needed because of increased enrollments or to replace those that are worn-out.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Readopt instructional materials currently under contract in the subject areas and for the periods indicated in the attachment.
Respectfully submitted,
Robert Scott
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
Attachment:
Instructional Materials Recommended for 2011 Readoption