Proposed Revisions to 19 TAC Chapter 66,
State Adoption and Distribution of Instructional Materials
(Second Reading and Final Adoption)
January 15, 2010
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption 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; Subchapter C, Local Operations; and Subchapter D, Special Instructional Materials. The proposed revisions would implement changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009. No additional changes are recommended since approved for first reading.
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. In November 2009, the SBOE approved proposed amendments to 19 TAC Chapter 66 for first reading and filing authorization.
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, as published as proposed in the Texas Register following the November 2009 SBOE meeting, would incorporate changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009 (see Attachment II). The proposed revisions would include amendments to existing rules relating to state adoption of instructional materials, including proclamations, review panel eligibility and appointment, samples, consideration and adoption of instructional materials by the SBOE, and requests for approval of updated editions of state-adopted instructional materials; selection of instructional materials by school districts; and special instructional materials. 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.
No additional changes are recommended since approved for first reading.
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: Following the November 2009 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, was filed with the Texas Register initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received and corresponding agency responses regarding the proposed revisions to 19 TAC Chapter 66, Subchapters A-D, will be provided to the SBOE at the January 2010 meeting.
ALTERNATIVES: None.
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.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapters A-D, with an effective date of 20 days after filing as adopted with the Texas Register.
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
Instructional Materials and Educational Technology
Attachments:
I. Statutory Citations
II. Text of Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials (as published as proposed in the Texas Register)
Separate Exhibit:
Side-by-Side Comparison of Proposed Revisions to 19 TAC Chapter 66 and TEC Citations (to be provided prior to the January 2010 SBOE meeting)