Report and Recommendations from the Commissioner of Education Regarding
Instructional Materials Offered for Adoption under Midcycle 2010 Proclamation
March 12, 2010
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: 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. The Midcycle 2010 Proclamation instructional materials will be used by school districts and open-enrollment charter schools beginning with school year 2010-2011. Midcycle 2010 Proclamation programs that were submitted for adoption include Mathematics, Technology Applications, and Languages Other Than English. Recommendations will also be made regarding manufacturing standards and specifications. In January 2010, the board postponed action on this item until March 2010.
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 in 2007 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 to the SBOE for discussion in November 2008. The Midcycle 2010 Proclamation was issued by the SBOE in January 2009. In January 2010, the board postponed action on this item until March 2010.
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 rules in 19 TAC Chapter 66 specify that the midcycle review and adoption process would largely follow the same procedures as the regular review and adoption process.
The following subject areas were included in Midcycle 2010 Proclamation: Mathematics, Technology Applications, Languages Other Than English, Health, Physical Education, and Fine Arts. The agency received bids from publishers in Mathematics, Technology Applications, and Languages Other Than English.
The preliminary report on instructional materials was transmitted to publishers in January 2010 prior to the SBOE meeting. 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.
Rules in 19 TAC, §66.7(a) state, "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.
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 agency collected the appropriate fees from the publishers and 19 TAC Chapter 66 rules 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. HB 188 identified the textbook credit program as the funding source for instructional materials adopted in midcycle.
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: Adopted materials will be included in the Educational Materials and Textbooks (EMAT) online system.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: Rules in 19 TAC §66.66(d) state, "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 March SBOE meeting, or if a change in the recommendations occurs 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;
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 Midcycle 2010 Proclamation.
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
Statutory Citations Relating to Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2010 Proclamation
I. Final Recommendations of the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2010 Proclamation
II. Report of the Commissioner of Education Concerning Required Corrections of Factual Errors
(to be provided prior to the March SBOE meeting)