Midcycle 2010 Proclamation of the State Board of Education Advertising for Bids on
January 23, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: The Midcycle 2010 Proclamation advertises for bids on instructional materials to be available to school districts and open-enrollment charter schools beginning in the school year 2010-2011. The proposed proclamation contains links to the current Texas Essential Knowledge and Skills (TEKS) in each subject for which bids are being invited, an average cost to the state for adopted instructional materials in each subject for which bids are being invited, specifications for providing computerized files to produce Braille versions of adopted instructional materials, and a schedule for the Midcycle 2010 adoption. The following subjects, for both elementary and secondary grades, are proposed for inclusion in the Midcycle 2010 Proclamation: Mathematics, Technology Applications, Languages Other Than English, Health, Physical Education, and Fine Arts.
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, 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. The SBOE instructed Texas Education Agency (TEA) staff to survey publishers and other prospective participants to determine the level of interest and to guide the planning of the adoption. At the May 2008 meeting, TEA staff presented the results of the survey to the SBOE. At the July 2008 meeting, the SBOE granted approval to proceed with the midcycle review and adoption. A draft of Midcycle 2010 Proclamation was presented for discussion at the November 2008 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The midcycle process will provide 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 midcycle review and adoption is not a call for the development of new materials, but an opportunity for providers to submit existing materials for consideration by the SBOE. The 19 TAC Chapter 66 rules specify that the midcycle review and adoption process would largely follow the same procedures as the regular review and adoption process. A few significant rules that are distinct from the standard review and adoption process are:
The midcycle review and adoption will be open to all subjects for which TEKS or instructional materials are not currently under review by the board.
The timeline will be approximately 12 months instead of 36 months as is standard for traditional proclamations.
To participate in the midcycle review and adoption, providers are to pay a non-refundable fee not to exceed $10,000.
FISCAL IMPACT: HB 188 allows the SBOE to collect a fee from participating publishers to cover the cost of the midcycle review and adoption. The Texas Legislature did not grant authority to TEA or to the SBOE to spend the fees collected by the midcycle participants, which limits the agency’s ability to move forward. The 81st Texas Legislature convenes in January 2009. In anticipation of being granted the authority to spend the fees during the 81st legislative session, the agency has developed and is presenting its proposal to begin the midcycle review and adoption in 2009. Rules in 19 TAC Chapter 66 stipulate that the SBOE will implement the midcycle review and adoption of textbooks only to the extent that the commissioner of education determines that funds are appropriated for that purpose.
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: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: HB 188 also requires the SBOE to establish a review of supplemental materials and a textbook credit program. Additional changes to 19 TAC Chapter 66 will address these requirements and will be coordinated with the midcycle review and adoption.
COMMISSIONER’S RECOMMENDATION: I recommend that the State Board of Education:
Approve Midcycle 2010 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials.
Commissioner of Education
Staff Members Responsible:
Anita Givens, Acting Associate Commissioner
Standards and Programs
John Lopez, Managing Director
Instructional Materials and Educational Technology
Midcycle 2010 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials (to be provided prior to the January SBOE meeting)