Review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, and Discussion of Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
November 17, 2011
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. The rules being reviewed establish procedures for the adoption, purchase, and distribution of instructional materials. This item also provides an opportunity for the committee to discuss proposed revisions to the instructional materials review and adoption process in 19 TAC Chapter 66 resulting from Senate Bill (SB) 6, 82nd Texas Legislature, First Called Session, 2011.
STATUTORY AUTHORITY: Statutory authority for the rule review is Texas Government Code, §2001.039. Statutory authority for 19 TAC Chapter 66 is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 66 in July 2008, finding that the reasons for initially adopting the rules continue to exist. Since that time, revisions were adopted effective February and April 2010.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 66 will be presented to the SBOE for adoption at the January 2012 board meeting. Proposed revisions to 19 TAC Chapter 66 will also be presented to the SBOE for first reading and filing authorization in January 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, include five subchapters: Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; Subchapter C, Local Operations; Subchapter D, Special Instructional Materials; and Subchapter E, Disposition of Instructional Materials.
House Bill (HB) 2488 and HB 4294, 81st Texas Legislature, 2009, made significant changes pertaining to the review, adoption, acquisition, and distribution of instructional materials. The SBOE approved revisions to 19 TAC Chapter 66 in January and March 2010 in response to legislation. The 2010 revisions included updates to rules relating to publisher contracts, proclamation amendments, state review panel eligibility and appointment criteria, and pre-adoption samples and corrected copies of adopted materials. The 2010 revisions also included updates to rules relating to revisions, updates, and substitutions; selection of instructional materials by school districts; and requisitions, inventory, and disposition of Braille and large type instructional materials. The 2010 revisions added new rules relating to the adoption of open-source instructional materials, contracts for printing open-source instructional materials, credit for textbooks purchased below the established cost limit, and certification that each school district provides instructional materials that cover all elements of the essential knowledge and skills. The 2010 revisions also repealed an outdated rule relating to a pilot project for certain students enrolled in courses for concurrent high school and college credit.
ANTICIPATED REVISIONS TO RULES: A side-by-side document presenting proposed revisions to 19 TAC Chapter 66 that would incorporate changes to the instructional materials review and adoption process resulting from SB 6, 82nd Texas Legislature, First Called Session, 2011, will be sent to SBOE members as a separate exhibit prior to the November meeting.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the review of 19 TAC Chapter 66 with the Texas Register following the November 2011 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 66 continue to exist. The official comment period will begin with publication of the notice of proposed review in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: The fiscal implications for the proposed revisions to 19 TAC Chapter 66 will be assessed subsequent to board direction provided at the November meeting.
PUBLIC AND STUDENT BENEFIT: The proposed revisions would result in changes that align the textbook adoption and distribution process with current legislation.
PROCEDURAL AND REPORTING IMPLICATIONS: Appropriate changes will be incorporated into the Educational Materials and Textbooks (EMAT) online system. Any additional procedural and reporting implications will be assessed subsequent to board direction provided at the November meeting.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Locally maintained paperwork requirements will be assessed subsequent to board direction provided at the November meeting.
PUBLIC COMMENTS: The official public comment period will begin when the revisions are published as proposed in the Texas Register.
OTHER COMMENTS AND RELATED ISSUES: None.
Commissioner of Education
Staff Members Responsible:
Anita Givens, Associate Commissioner
Standards and Programs
John Lopez, Managing Director
Instructional Materials and Educational Technology
I. Statutory Citations
II. Text of Current 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
Side-by-Side Comparison of Proposed Revisions to 19 TAC Chapter 66 and TEC Citations
(to be provided prior to the November 2011 SBOE meeting)