Commissioner's Rules
Adopted Amendments to 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, and Adopted New Chapter 66, Subchapter DD, Commissioner's Rules Concerning Instructional Materials Allotment
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Amendments to 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 Amendments to 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 Amendments to 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. Text of Adopted New 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter DD, Commissioner's Rules Concerning Instructional Materials Allotment (PDF)
VI. Summary of Public Comments and Agency Responses
SUMMARY:
The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts amendments to 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, and new Chapter 66, Subchapter DD, Commissioner's Rules Concerning Instructional Materials Allotment. The adopted amendments and new rules implement the requirements of the Texas Education Code (TEC), Chapter 31, as amended by Senate Bill (SB) 6, 82nd Texas Legislature, First Called Session, 2011.
STATUTORY AUTHORITY:
TEC, §31.0231, is the authority for amendments to Subchapter AA. TEC, §31.076, is the authority for amendments to Subchapter BB. TEC, §31.104(d), is the authority for amendments to Subchapter CC. TEC, §§31.0211(f), 31.0212(e), 31.0214, and 31.029 are the authority for new Subchapter DD.
EFFECTIVE DATE:
July 23, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
SB 6, 82nd Texas Legislature, First Called Session, 2011, made significant changes pertaining to the review, adoption, and purchase of instructional materials and technological equipment for public schools, including the establishment of the instructional materials allotment. This legislation requires the commissioner to provide funds from the instructional materials fund to every school district, open-enrollment charter school, and juvenile justice alternative education program. The funds can be used to acquire instructional materials, technological equipment, and technology services. The statutory changes resulting from SB 6 necessitate changes to the commissioner's rules in 19 TAC Chapter 66, as follows.
The adopted amendments to 19 TAC Chapter 66, Subchapters AA-CC, update the current definition of instructional materials and change the term "textbooks" to "instructional materials," including use of the term within subchapter and section titles. References to textbook credits and maximum costs were deleted. Additionally, the adopted amendments to 19 TAC Chapter 66, Subchapter AA, revise provisions relating to administrative penalties, add a timeframe for SBOE direction on removing material from the commissioner's list of electronic instructional materials, and update requirements relating to the selection of materials by school districts.
Adopted new 19 TAC Chapter 66, Subchapter DD, establishes provisions relating to the instructional materials allotment, including requirements for and certification of the use of the allotment. The adopted new rules also address high-enrollment growth; special instructional materials; bilingual instructional materials; title and custody; sale or disposal of instructional materials and technological equipment; local accountability; lost, damaged, or worn out instructional materials; and juvenile justice alternative education programs.
In response to public comments, changes were made in Subchapters AA, BB, and DD at adoption as follows.
Subchapter AA
Section 66.1001, Definitions, was modified in paragraph (2) to clarify the definition of a publisher.
Section 66.1009, Procedures Governing Violations of Statutes--Administrative Penalties, was modified to delete proposed subsection (a)(5), which would have assessed a $25,000 penalty for each factual error found in a student component. Subsequent paragraphs were renumbered accordingly.
Section 66.1041, Selection of Electronic Instructional Materials by School Districts, was modified in paragraph (2) to specify that the agency will process a technology application subscription change after receiving district notification through the Educational Materials (EMAT) system.
Subchapter BB
Section 66.1101, Definitions, was modified in paragraph (3) to clarify the definition of a publisher.
Subchapter DD
Section 66.1301, Definitions, was modified in paragraph (7) to clarify the definition of a publisher.
Section 66.1305, Certification of Instructional Materials, was modified in subsections (a)-(c) to require districts to submit supporting documentation describing the instructional materials on which the required Texas essential knowledge and skills (TEKS) certification is based; to require that the TEKS certification form be ratified by local boards in public, noticed meetings; and to specify that the certification requirements are applicable to both adopted and non-adopted instructional materials.
Section 66.1307, Instructional Materials Allotment, was modified in subsection (c)(1)(I) to clarify that the instructional materials allotment may be used for technological equipment that contributes to student learning, including equipment that supports the use of instructional materials. Also in §66.1307, subsection (c)(2) was modified to clarify training and professional development. Language addressing access to technological equipment was removed from §66.1307(c)(2)(A) and added as new §66.1307(c)(2)(B). The existing language in §66.1307(c)(2)(B) was re-lettered as §66.1307(c)(2)(C). Additionally, subsection (d)(1)(B) was modified to clarify the unallowable acquisition of infrastructure equipment through the instructional materials allotment.
Section 66.1309, High-Enrollment Growth Adjustment, was modified in subsection (b) to change the time period for enrollment growth of 10% over the previous three years to the time period of the previous five years.
Section 66.1311, Special Instructional Materials, was modified in subsection (d) to require publishers to submit computerized files for print instructional materials to the state for the purposes of producing Braille or other versions of materials that will be used by students with disabilities.
Section 66.1315, Title and Custody, was modified by adding new subsection (b) to clarify school district and open-enrollment charter school ownership of instructional materials. Subsequent subsections were re-lettered accordingly.
Section 66.1317, Sale or Disposal of Instructional Materials and Technological Equipment, was modified by adding new paragraph (1)(B) to specify that the sale or disposal of online instructional materials is conditional on the terms of any applicable licensing agreement. Subsequent subparagraphs were re-lettered accordingly. Additionally, new paragraph (2)(D) was added to address disposition of instructional materials by regional education service centers.
Section 66.1319, Local Accountability, was modified in subsection (c) to clarify that the return of instructional materials applies to those in the students' physical possession.
FISCAL IMPACT:
The Texas Education Agency (TEA) has determined that there are no additional costs to individuals or entities required to comply with the rule actions. In addition, 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 rule actions provide options for the acquisition of instructional materials, technological equipment, and technology services. These new options for districts and open-enrollment charter schools will provide greater flexibility with classroom instruction.
PROCEDURAL AND REPORTING IMPLICATIONS:
Appropriate changes will be incorporated into the EMAT system. Adopted new 19 TAC Chapter 66, Subchapter DD, includes provisions that address the statutory requirement that a school district provide to the commissioner of education the title and publication information for any instructional materials requisitioned or purchased by the district with the district's instructional materials allotment. The adopted new subchapter also addresses the annual certification that must be submitted to the commissioner that students are provided with instructional materials that cover all elements of the TEKS.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule actions 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 27, 2012, and ended May 29, 2012. Attachment VI reflects a summary of the public comments received and corresponding agency responses regarding proposed amendments to 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, and new Chapter 66, Subchapter DD, Commissioner's Rules Concerning Instructional Materials Allotment.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
John Lopez, Managing Director, Instructional Materials and Educational Technology
For more information, email rules@tea.state.tx.us.