Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials (First Reading and Filing Authorization)
November 20, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. The proposed revisions would implement changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(23) and §31.003.
EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 66 is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2010-2011 school year. The earlier effective date will allow districts to begin preparing for implementation.
PREVIOUS BOARD ACTION: The 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. A discussion item regarding proposed amendments to 19 TAC Chapter 66 was presented to the Committee of the Full Board during the September 2009 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 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 textbook 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.
The proposed revisions to 19 TAC Chapter 66 would incorporate changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009. The proposed revisions would include amendments to existing rules relating to state adoption of instructional materials, including proclamations, review panel duties, and samples; selection of instructional materials by school districts; and local accountability. The proposed revisions would also include new rules for the adoption of open-source instructional materials, contracts for printing of open-source textbooks, textbook credits, and certification by school districts. In addition, the proposed revisions would repeal an outdated rule relating to a pilot project for certain students enrolled in courses for concurrent high school and college credit.
The proposed revisions would also make technical edits throughout the chapter for clarification and consistent use of terminology.
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. The proposed revisions to 19 TAC Chapter 66 would include options for school districts and open-enrollment charter schools when ordering instructional materials, which could generate textbook credits. Textbook credits can be used to purchase additional instructional materials, electronic materials, and technological equipment to access content.
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 revision of textbook rules will result in changes that align the textbook adoption and distribution process with recent statutory changes.
PROCEDURAL AND REPORTING IMPLICATIONS: Appropriate changes will be incorporated into the Educational Materials and Textbooks (EMAT) online system.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the revisions are published as proposed in the Texas Register.
OTHER COMMENTS AND RELATED ISSUES: A meeting with publishers was held on October 29, 2009, to gather input regarding the rules. Members of professional organizations also were provided opportunities to provide input.
A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization the proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials.
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 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, including proposed revisions (to be provided prior to the November SBOE meeting)