Midcycle 2011 Proclamation of the State Board of Education Advertising for Bids on
March 12, 2010
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: The Midcycle 2011 Proclamation advertises for bids on instructional materials to be available to school districts and open-enrollment charter schools beginning in school year 2011-2012. The proposed proclamation contains links to the current Texas Essential Knowledge and Skills (TEKS) in each subject for which bids are being invited, an average cost to the state for adopted instructional materials in each subject for which bids are being invited, specifications for providing computerized files to produce Braille versions of adopted instructional materials, and a schedule for the 2011 adoption. The subject areas eligible for inclusion in the Midcycle 2011 Proclamation are Career and Technical Education and Health. In January 2010, the board postponed action on this item until March 2010. This item provides an opportunity for the committee to discuss and take action regarding the Midcycle 2011 Proclamation.
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 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. At the July 2008 meeting, the SBOE granted approval to proceed with the midcycle review and adoption. At the January 2009 meeting, the SBOE issued the Midcycle 2010 Proclamation.
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 19 TAC Chapter 66 rules specify that the midcycle review and adoption process would largely follow the same procedures as the regular review and adoption process. A few significant rules that are distinct from the standard review and adoption process are:
• The midcycle review and adoption will be open to all subjects for which TEKS or instructional materials are not currently under review by the board.
• The timeline will be approximately 12 months instead of 36 months as is standard for traditional proclamations.
• To participate in the midcycle review and adoption, providers are to pay a non-refundable fee not to exceed $10,000.
FISCAL IMPACT: Rules in 19 TAC §66.22 allow the SBOE to collect a fee from participating publishers to cover the cost of the midcycle review and adoption. 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. Rules in
19 TAC §66.102 identify 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 and students will have additional instructional materials available to them.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER’S RECOMMENDATION: I recommend that the State Board of Education:
Consider the Midcycle 2011 Proclamation of the State Board of Education Advertising for Bids on 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
Midcycle 2011 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials