Discussion of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
September 17, 2009
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: DISCUSSION
SUMMARY: This item presents for discussion proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. Recent legislative changes to the instructional materials review and adoption process require changes in 19 TAC Chapter 66, Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; and Subchapter C, Local Operations.
STATUTORY AUTHORITY: 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 State Board of Education (SBOE) adopted rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, to be effective September 1, 1996. Subsequent revisions to the rules include comprehensive changes adopted at the April 2006 SBOE meeting, which became effective October 12, 2006, and amendments adopted in November 2007, which became effective December 25, 2007.
FUTURE ACTION EXPECTED: The proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, are scheduled to be presented for first reading and filing authorization at the November 2009 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Chapter 66, State Adoption and Distribution of Instructional Materials, includes 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) 188, 80th Texas Legislature, 2007, made significant changes pertaining to the adoption and distribution of instructional materials. The SBOE approved amendments to Chapter 66 in November 2007. These amendments included adding §66.22, Midcycle Review and Adoption; revising §66.27, Proclamation, Public Notice, and Schedule for Adopting Instructional Materials, to require that proclamations be designated according to the school year in which the materials are intended to be made available in classrooms; and revising §66.36, State Review Panels: Duties and Conduct, to require the state review panel to evaluate all instructional materials to determine if the Texas Essential Knowledge and Skills (TEKS) are covered in the student version as well as in the teacher version of the materials.
HB 2488, 81st Texas Legislature, 2009, requires the SBOE to place an open-source textbook for a secondary-level course submitted for adoption by an eligible institution on the conforming or nonconforming list. HB 2488 also specifies that the SBOE may execute a contract for printing of an open-source textbook listed on the conforming or nonconforming list. In addition, each school district and open-enrollment charter school is required to annually certify to the SBOE that each student will be provided with instructional materials that cover all elements of the TEKS.
HB 4294, 81st Texas Legislature, 2009, requires that the SBOE be given an opportunity to comment on the electronic textbooks or instructional materials on the list adopted by the commissioner of education. Additionally, school districts and open-enrollment charter schools are required to purchase, at a minimum, a classroom set of textbooks adopted by the SBOE for each subject and grade level in the foundation and enrichment curriculum.
FISCAL IMPACT: Fiscal impact will be assessed after the SBOE gives direction regarding proposed amendments to be presented for first reading and filing authorization.
PUBLIC AND STUDENT BENEFIT: The revision of textbook rules will 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.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Requirements will be assessed after the SBOE gives direction regarding proposed amendments to be presented for first reading and filing authorization.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
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
Separate Exhibit: Text of Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials (to be provided prior to the September SBOE meeting)