April 2021 Committee on Instruction Item 5

Discussion Regarding Third-Party Materials in Instructional Materials Adopted by the State Board of Education

April 15, 2021

COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY:  This item provides the opportunity for the committee to discuss options regarding third-party materials included in instructional materials adopted by the State Board of Education (SBOE).

STATUTORY AUTHORITY:  Statutory authority is the Texas Education Code (TEC), §31.003 and §31.022.

TEC, §31.003, permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. 

TEC, §31.022, requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum and for each subject in the enrichment curriculum.

The full text of statutory citations can be found in the statutory authority section of this agenda.

BACKGROUND INFORMATION AND JUSTIFICATION:  During the January 2021 meeting the board received a request from QuaverEd to substitute instructional materials in its adopted Quaver Pre-K Curriculum. At that time, the committee on instruction expressed a desire to study the inclusion of and discuss potential requirements for third-party materials that are included in instructional materials adopted by the SBOE.

19 Texas Administrative Code (TAC) §66.75 permits a publisher to submit a request for approval to substitute an updated edition of state-adopted instructional materials. This section also requires that all requests for updates involving content in state-adopted instructional materials be approved by the SBOE prior to their introduction into state-adopted instructional materials.

19 TAC §66.76 permits a publisher to submit a request for approve to substitute a new edition of state-adopted instructional materials. This section also requires that all requests for updates involving content used in determining the product's eligibility for adoption must be approved by the State Board of Education prior to their introduction into state-adopted instructional materials.

Staff Members Responsible:
Melissa Lautenschlager, Director, Instructional Materials and Implementation
Amie Williams, Director, Review and Adoption