Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2010
November 20, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: Proclamation 2010 of the State Board of Education (SBOE) calls for new instructional materials to be used in school districts and open-enrollment charter schools beginning in school year 2010-2011. Proclamation 2010 includes English Language Arts and Reading, Grades K-1; Spanish Language Arts and Reading, Grades K-1; Reading, Grades 2-5; Spanish Reading, Grades 2-5; Reading Elective, Grades 6-8; Literature, Grades 6-12; Spanish Literature, Grade 6; English for Speakers of Other Languages I and II; English Language Proficiency Standards Teacher Material, Grades 9-12; Advanced Placement (AP) English Language; AP English Literature; and International Baccalaureate (IB) Language Studies. This item will present the report and recommendations from the commissioner of education that instructional materials offered for adoption be placed on the conforming list, be placed on the nonconforming list, or be rejected. Recommendations will also be made regarding manufacturing standards and specifications, and correction of factual errors to be required in adopted materials.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.023 and §31.024.
PREVIOUS BOARD ACTION: Proclamation 2010 was approved by the SBOE in November 2007. Proposed amendments to Proclamation 2010 were approved by the SBOE in May 2008, September 2008, July 2009, and September 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §31.023, provides that conforming and nonconforming lists of instructional materials will consist of textbooks submitted that meet physical specifications adopted by the SBOE and contain material covering the essential knowledge and skills for the subject and grade level. In addition, TEC, §31.023, requires that each textbook on the conforming or nonconforming list be free from factual errors at the time the contracts are executed.
The following subject areas were included in Proclamation 2010: English Language Arts and Reading, Grades K-1; Spanish Language Arts and Reading, Grades K-1; Reading, Grades 2-5; Spanish Reading, Grades 2-5; Reading Elective, Grades 6-8; Literature, Grades 6-12; Spanish Literature, Grade 6; English for Speakers of Other Languages I and II; English Language Proficiency Standards Teacher Material, Grades 9-12; AP English Language; AP English Literature; and IB Language Studies. A state textbook review panel was appointed by the commissioner to evaluate instructional materials in these subjects for coverage of the Texas Essential Knowledge and Skills (TEKS). State textbook review panel members were asked to list any factual errors found during the course of their evaluations.
The commissioner's preliminary reports on conforming instructional materials was transmitted to publishers in July and August 2009. Publishers had several options following receipt of the preliminary recommendations: (1) they could agree with the recommendations and take no action; (2) they could provide documentation supporting coverage of TEKS in their original submissions; (3) they could submit new content to cover TEKS considered not addressed; or (4) they could employ any combination of these options. Publishers also had the option of requesting that they be allowed to withdraw their submissions due to the recommendation in the preliminary report.
At the time this item was prepared, the following publishers have requested permission to withdraw their submissions from consideration:
Handwriting Without Tears to withdraw Handwriting Without Tears; English Language Arts and Reading, Grade K
The Trevor Romain Company to withdraw Bullies are a Pain in the Brain; Reading, Grade 5
The Trevor Romain Company to withdraw Bullies are a Pain in the Brain; Spanish Reading, Grade 5
Santillana to withdraw Elevator Level 1 and Elevator Level 2; English for Speakers of Other Languages I
Santillana to withdraw Elevator Level 3 and Elevator Level 4; English for Speakers of Other Languages II
19 Texas Administrative Code, §66.7(a) states, "Instructional materials adopted by the State Board of Education (SBOE) shall comply with the standards in the latest edition of Manufacturing Standards and Specifications for Textbooks approved by the national Advisory Commission on Textbook Specifications. If it is determined that good cause exists, the commissioner of education may recommend that the SBOE grant an exception to this requirement." No publishers have requested waivers to these requirements.
The Report of the Commissioner of Education Concerning Required Corrections of Factual Errors lists factual errors that publishers must agree to correct as a condition of adoption. The report is based on review by staff, recommended corrections submitted by members of the public, and comments filed by the state textbook review panel members.
Publishers will be required to verify that all corrections required as a condition of adoption have been made. Publishers will also be required to file with the agency two corrected copies of student and teacher components that incorporate all required corrections.
FISCAL IMPACT: The projected expenditure for first-year purchases of new instructional materials purchased under Proclamation 2010 is approximately $465,274,982.
PUBLIC AND STUDENT BENEFIT: Students throughout the state will receive instructional materials aligned with the TEKS and adopted by the SBOE.
PROCEDURAL AND REPORTING IMPLICATIONS: Adopted materials will be included in the Educational Materials and Textbooks (EMAT) online system.
PUBLIC COMMENTS: Public hearings were held on September 16, 2009, and November 19, 2009.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: 19 TAC, §66.66(d) states, "The SBOE may allow a publisher to withdraw from the adoption process after the date specified in the proclamation due to recommended placement on a conforming or nonconforming list, manufacturing specifications required as a condition of adoption by the SBOE that the publisher states cannot be met, or failure to agree to make corrections required by the SBOE.” If requests to withdraw are made by publishers prior to the November SBOE meeting, or if a change occurs in the recommendations following a show-cause hearing, a revised agenda item will be made available to the SBOE.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Require that all publishers make corrections listed in the Report of the Commissioner of Education Concerning Required Corrections of Factual Errors;
Require that all student textbooks meet established manufacturing standards and specifications;
Approve changes and corrections in lists submitted by publishers to the agency by August 14, 2009 and in response to written comments and public testimony;
Grant permission for Handwriting Without Tears to withdraw Handwriting Without Tears; English Language Arts and Reading, Grade K;
Grant permission for The Trevor Romain Company to withdraw Bullies are a Pain in the Brain; Reading, Grade 5;
Grant permission for The Trevor Romain Company to withdraw Bullies are a Pain in the Brain; Spanish Reading, Grade 5;
Grant permission for Santillana to withdraw Elevator Level 1 and Elevator Level 2; English for Speakers of Other Languages I;
Grant permission for Santillana to withdraw Elevator Level 3 and Elevator Level 4; English for Speakers of Other Languages II; and
Place the remaining instructional materials submitted for adoption on the Conforming List or Nonconforming List as indicated on the Final Recommendations of the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2010.
Respectfully submitted,
Robert Scott
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
Attachment:Statutory Citations Relating to Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2010
Separate Exhibits: I. Final Recommendations of the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2010
II. Report of the Commissioner of Education Concerning Required Corrections of Factual Errors (to be provided prior to the November SBOE meeting)