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December 6, 2024 Committee on Instruction Item 1

Determination Whether Materials Approved as Part of Instructional Materials Review and Approval Cycle 2024 Comply with Phonics Rule

December 6, 2024

COMMITTEE ON INSTRUCTION: ACTION

SUMMARY: The agency issued the Request for Instructional Materials (RFIM) in February 2024, calling for instructional materials for full-subject, tier-one instructional materials for K–5 English and Spanish language arts and reading and K–12 mathematics and partial-subject, tier-one instructional materials for K–3 English and Spanish phonics. All materials submitted in response to RFIM 2024 were reviewed for standards alignment, factual errors, quality and suitability in summer 2024. The State Board of Education (SBOE) added materials to their lists of approved and rejected materials at their November 2024 general meeting. Some materials were placed on the approved list contingent upon review and approval by the Committee on Instruction before December 31, 2024. This item provides the opportunity for the Committee on Instruction, as the committee delegated by the SBOE, to verify reported compliance with 19 TAC §74.2001(b)(1)(B)–(G).

STATUTORY AUTHORITY: Texas Education Code (TEC), §31.022, and §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023.

TEC, §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the SBOE to review instructional materials that have been provided to the board by the Texas Education Agency (TEA) under TEC, §31.023.

TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE

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

PREVIOUS BOARD ACTION: At the August-September 2023 meeting, the Committee of the Full Board discussed the IMRA process and discussed the approach to developing the quality rubric criteria and process. 

At the November 2023 and December 2023 meetings, the board discussed the proposed IMRA process and provided feedback to TEA staff. They also approved a selection process for IMRA reviewers.

At the November 2023 meeting, the board discussed criteria for the suitability and appropriateness of instructional materials for the subject and grade level for which the materials are designed to be used in the instructional materials review and approval process outlined in HB 1605, 88th Texas Legislature, Regular Session, 2023.

At the December 2023 meeting, the board approved the criteria. At the January-February 2024 meeting, the board approved adjustments to the suitability rubric to further clarify the manner in which suitability criteria will be applied as part of the IMRA process.

At the January-February 2024 meeting, the board approved a final set of quality rubrics for the inaugural IMRA review, approved a process document, and adopted administrative rules related to the new IMRA process.

At the June 2024 meeting, the Committee on Instruction heard public testimony relating to materials under consideration for approval for IMRA Cycle 2024.

At the September 2024 meeting, the board heard public testimony relating to materials under consideration for approval for IMRA Cycle 2024. Staff presented the results of the IMRA reviews and public reports to members.

At the November 2024 meeting, the board voted to add instructional materials to the lists of approved and rejected instructional materials. The board amended the main motion to include a subset of materials to the list of approved instructional materials contingent upon a verification of the products’ compliance with phonics rules considering new content and editorial changes submitted by the publishers in the IMRA Cycle 2024 Comprehensive Changes Addendum. The board delegated their authority to the Committee on Instruction to decide on these materials before December 31, 2024. If the Committee on Instruction finds that the product(s) do not comply with phonics rules outlined in 19 TAC §74.2001(b)(1)(B)–(G), then the product(s) shall be removed from the List of Approved Instructional Materials and be considered as a product(s) on which the board took no action this cycle.

BACKGROUND INFORMATION AND JUSTIFICATION: The review of IMRA Cycle 2024 instructional materials concluded in the summer 2024. This item provides an opportunity for the State Board of Education (SBOE) to receive the final report from the Commissioner of Education on materials under consideration for IMRA Cycle 2024 and vote to place instructional materials on the approved list, take no action, or place materials on the rejected list outlined in TEC §31.022.

MOTION TO BE CONSIDERED: The Committee on Instruction:

Moves to affirm the findings of the Texas Education Agency that the following products comply (or do not comply) with phonics rules outlined in 19 TAC §74.2001(b)(1)(B)–(G).

Staff Members Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Amie Phillips, Director, Instructional Materials Review and Approval     

Separate Exhibit I:             
Phonics Compliance Summary for 95 Percent Group, LLC

Separate Exhibit II:           
Phonics Compliance Summary for Heggerty, Literacy Resources, LLC

Separate Exhibit III:          
Phonics Compliance Summary for Just Right Reader, Inc.

Separate Exhibit IV:          
Phonics Compliance Summary for Scholastic, Inc.

(separate exhibits to be provided at the December 2024 Committee on Instruction special meeting)