ATTACHMENT VI
Summary of Public Comments and Agency Responses Related to 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 Proposed New Chapter 66, Subchapter DD, Commissioner's Rules Concerning Instructional Materials Allotment
§66.1009. Procedures Governing Violations of Statutes--Administrative Penalties.
Comment: The Association of American Publishers, Inc., (AAP) commented that proposed §66.1009(b)(5) be deleted to remove an assessment of a $25,000 penalty for each factual error found in a student component.
Agency Response: The agency agreed and deleted proposed §66.1009(b)(5). This action aligns with the amendments to State Board of Education (SBOE) rules concerning penalties for factual errors.
Comment: The AAP commented that §66.1009(g) be amended and §66.1009(h) be deleted to allow publishers to make changes or remove content that does not affect coverage of Texas essential knowledge and skills (TEKS).
Agency Response: This comment is outside the scope of the proposed rulemaking.
§66.1027. Electronic Instructional Materials Offered for Adoption by the Commissioner.
Comment: The Software & Information Industry Association (SIIA) commented that §66.1027(g) be amended to provide flexibility for emerging technologies and allow other methods to incorporate correlations to the electronic instructional material submitted for adoption.
Agency Response: The agency disagreed with amending §66.1027(g) and determined the rule provides industry standards that allow flexibility for emerging technologies.
§66.1029. Public Comment on Electronic Instructional Materials.
Comment: The SIIA commented that §66.1029(c) be amended to limit the opportunity for the SBOE to comment on the Commissioner's List of Electronic Instructional Materials from 90 days to 30 days.
Agency Response: The agency disagreed with amending §66.1029(c) due to the Texas Education Code (TEC), §31.0231(c), which requires that the SBOE be given the opportunity to comment on the Commissioner's List of Instructional Materials. The statute specifies that the SBOE may, not later than the 90th day after the date the material is placed on the list, require the commissioner to remove the materials from the list.
§66.1041. Selection of Electronic Instructional Materials by School Districts.
Comment: The SIIA commented that §66.1041(2) be amended to provide notification of a technology application subscription change through the Educational Materials (EMAT) system.
Agency Response: The agency agreed and modified §66.1041(2) to specify that the agency will process a technology application subscription change after receiving district notification through the EMAT system.
§66.1301. Definitions.
Comment: The SIIA commented that §66.1301(7) be amended to clarify the definition of a publisher.
Agency Response: The agency agreed and modified §66.1301(7) to clarify the definition that a publisher is an entity that develops or distributes instructional materials or online service. The agency also made the same modification to the definition of publisher in §66.1001(2) and §66.1101(3).
§66.1305. Certification of Instructional Materials.
Comment: The AAP commented that §66.1305(a)-(c) be amended to require districts to submit supporting documentation describing the instructional materials on which the required TEKS certification is based. The AAP also commented that the TEKS certification form must be ratified by local boards in public, noticed meetings and be applicable to both adopted and non-adopted instructional materials.
Agency Response: The agency agreed and modified §66.1305(a) to require districts to submit supporting documentation describing the instructional materials on which the required TEKS certification is based. The agency modified §66.1305(b) to require that the TEKS certification form be ratified by local boards in public, noticed meetings. The agency also modified §66.1305(c) to specify that the provisions in subsections (a) and (b) are applicable to both adopted and non-adopted instructional materials.
§66.1307. Instructional Materials Allotment.
Comment: The TechNet, Texas Computer Education Association (TCEA), and the Texas Association of School Administrators (TASA) commented that §66.1307(c)(1)(I) be amended 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.
Agency Response: The agency agreed and modified §66.1307(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.
Comment: The TechNet, TCEA, and TASA commented that §66.1307(c)(2)(A) be amended by dividing the rule text into two sections to clarify training and professional development.
Agency Response: The agency agreed and modified §66.1307(c)(2) 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).
Comment: The TechNet, TCEA, and TASA commented that proposed §66.1307(c)(2)(B) be amended to allow districts to use their instructional materials allotment to pay for teacher stipends.
Agency Response: The agency disagreed with amending proposed §66.1307(c)(2)(B), adopted as §66.1307(c)(2)(C), because teacher stipends are not an allowable instructional materials allotment expenditure.
Comment: The TechNet, TCEA, and TASA commented that §66.1307(d)(1)(B) be amended to clarify the unallowable acquisition of infrastructure equipment through the instructional materials allotment.
Agency Response: The agency agreed and modified §66.1307(d)(1)(B) to clarify examples of infrastructure equipment that would be unallowable such as cabling and wiring or electricity.
Comment: The TechNet, TCEA, and TASA commented that §66.1307(d)(2) be removed to allow the instructional materials allotment to be used to pay for travel expenses.
Agency Response: The agency disagreed with amending §66.1307(d)(2) because travel expenses are not an allowable instructional materials allotment expenditure.
§66.1309. High-Enrollment Growth Adjustment.
Comment: The Fast Growth School Coalition commented that §66.1309(b) be amended to change the time period for enrollment growth of 10% over the previous three years to a time period of the previous five years.
Agency Response: The agency agreed and modified §66.1309(b) to change the enrollment growth of 10% over the previous three-year period to a five-year period.
Comment: The Fast Growth School Coalition commented that §66.1309(b) be amended to clarify that districts will automatically receive the specified adjustment.
Agency Response: The agency disagreed with amending §66.1309(b) to clarify automatic receipt of the specified adjustment. The agency will review each request to determine if the high-enrollment request requirements have been sufficiently addressed.
§66.1311. Special Instructional Materials.
Comment: The SIIA commented that §66.1311(d) be amended to only 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.
Agency Response: The agency agreed and modified §66.1311(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.
§66.1315. Title and Custody.
Comment: The Texas Association of School Boards (TASB) commented that §66.1315(a) be amended to clarify school district and open-enrollment charter school ownership of previously adopted instructional materials.
Agency Response: The agency agreed to clarify school district and open-enrollment charter school ownership of instructional materials by adding new §66.1315(b) instead of amending §66.1315(a). Subsequent subsections were re-lettered accordingly.
§66.1317. Sale or Disposal of Instructional Materials and Technological Equipment.
Comment: The TASB commented that §66.1317(1)(A) be amended to clarify and determine which discontinued technological equipment owned by the district or open-enrollment charter school can be sold.
Agency Response: The agency disagreed with amending §66.1317(1)(A). The rule is clear that only discontinued technological equipment purchased with the instructional materials allotment can be sold.
Comment: The SIIA commented that §66.1317 include new rule text to authorize a board of trustees or governing body to sell or dispose of print or electronic instructional materials conditional on the terms of any applicable licensing agreement.
Agency Response: The agency agreed and modified §66.1317 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. The agency disagreed to include print in the new rule because licensing agreements are only applicable with online instructional materials.
Comment: Representatives of several regional education service centers (ESCs) commented that §66.1317 be amended to include guidance for the disposition of instructional materials at the ESCs.
Agency Response: The agency agreed and modified §66.1317 by adding new §66.1317(2)(D) to specify that ESCs may dispose of instructional materials one year after adoption by the SBOE.
§66.1319. Local Accountability.
Comment: The SIIA, TechNet, TCEA, and TASA commented that §66.1319(c) be amended to clarify the return of instructional materials and provide an exemption for the return of instructional materials if the licensing agreement allows the student to maintain possession beyond the school year.
Agency Response: The agency agreed and modified §66.1319(c) to clarify that the return of instructional materials applies to those that students physically possess. However, the agency disagreed with providing an exemption for the return of instructional materials if the licensing agreement allows the student to maintain possession. All instructional materials are required to be inventoried on an annual basis. The return of instructional materials facilitates that process.
For more information, email rules@tea.state.tx.us.