January 30, 2024 Committee of the Full Board Item 5
Adoption of Rule Review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
February 2, 2024
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The rules being reviewed establish procedures for the adoption, purchase, and distribution of instructional materials.
STATUTORY AUTHORITY: The statutory authority for the rule review is TGC, §2001.039. The statutory authority for 19 TAC Chapter 66, Subchapters A–C, is Texas Education Code (TEC), §31.003(a), as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
TGC, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §31.003(a), as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
The full text of statutory citations can be found in the statutory authority section of this agenda.
PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 66, Subchapters A, B, and C was presented to the Committee of the Full Board for discussion at the November 2023 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Rules in 19 TAC Chapter 66, Subchapter A, outline general provisions for instructional materials such as manufacturing standards and specifications and administrative penalties for violations of statute. Subchapter B addresses the adoption of instructional materials, covering topics such as proclamation, public notice, and schedule for adopting instructional materials; requirements for publisher participation; procedures for handling of samples and public access to samples; public comment on instructional materials; adding content during panel review and during the public comment period; and updates to adopted instructional materials. Subchapter C specifies requirements for publishers to provide each school district with certain information about materials submitted for adoption and outlines the district's responsibility in selecting and maintaining instructional materials. The SBOE maintains authority to adopt rules on instructional materials; therefore, the need for the rules in Subchapters A-C remains.
HB 1605, 88th Texas Legislature, Regular Session, 2023, implemented significant changes to the instructional materials review and adoption process. Existing rules in Chapter 66, Subchapters A–C, will continue to apply to instructional materials adopted under Proclamation 2024 and before. A separate action item in this agenda presents for second reading and final adoption new rules to begin implementing the changes made by HB 1605, and the new rules would apply to all future calls for instructional materials.
PUBLIC COMMENTS: The TEA filed the notice of proposed review of 19 TAC Chapter 66, Subchapters A–C, with the Texas Register following the November 2023 SBOE meeting. The public comment period on the proposed review began December 29, 2023, and ended at 5:00 p.m. on January 29, 2024. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the January-February 2024 meeting. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in January-February 2024 in accordance with the SBOE operating policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Attachment:
Text of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations