November 19, 2024 Committee of the Full Board Item 1
Proposed New 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment; §67.29, IMRA Reviewers: Training, Duties, and Conduct; §67.31, Procedures for Public Access to and Handling of IMRA Samples; §67.33, Public Comment on Instructional Materials; §67.39, Updates to Approved Instructional Materials; and §67.41, New Editions of Approved Instructional Materials, and Subchapter C, Local Operations, §67.61, Sample Copies of Instructional Materials for School Districts; and §67.63, Selection and Local Adoption of Instructional Materials by School Districts
(First Reading and Filing Authorization)
November 22, 2024
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed new 19 TAC Chapter Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment; §67.29, IMRA Reviewers: Training, Duties, and Conduct; §67.31, Procedures for Public Access to and Handling of IMRA Samples; §67.33, Public Comment on Instructional Materials; §67.39, Updates to Approved Instructional Materials; and §67.41, New Editions of Approved Instructional Materials, and Subchapter C, Local Operations, §67.61, Sample Copies of Instructional Materials for School Districts; and §67.63, Selection and Local Adoption of Instructional Materials by School Districts. The proposed new sections would implement House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, by defining the procedures and policies for the selection, appointment, training, and duties of instructional materials review and approval (IMRA) reviewers; outlining the procedures for IMRA public access and public comment; and specifying procedures for materials to be updated or revised following approval by the board. The proposed new sections would also outline the procedures for local districts to adopt instructional materials.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003(a); and §31.022 and §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023.
TEC, §31.003(a), 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, 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.
EFFECTIVE DATE: The proposed effective date of the proposed new sections is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date would allow for the rules to apply to IMRA Cycle 2025.
PREVIOUS BOARD ACTION: A discussion item regarding §§67.27, 67.29, 67.31, 67.33, 67.39, 67.41, 67.61, and 67.63 was presented to the Committee of the Full Board during the September 2024 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, 88th Texas Legislature, Regular Session, 2023, significantly revised TEC, Chapter 31, including several provisions under SBOE authority. HB 1605 also added a new provision to TEC, Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE-approved materials. In addition, the bill added requirements related to adoption of essential knowledge and skills in TEC, Chapter 28.
At the January-February meeting, the SBOE approved 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.21, Proclamations, Public Notice, and Requests for Instructional Materials for Review; §67.23, Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA); and §67.25, Consideration and Approval of Instructional Materials by the State Board of Education, and Subchapter D, Duties of Publishers and Manufacturers, §67.81, Instructional Materials Contracts, and §67.83, Publisher Parent Portal, for second reading and final adoption. At that time, the board expressed a desire to clarify the rules related to the list of approved instructional materials outlined in TEC, §31.022.
At the June 2024 meeting, the SBOE approved 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.43, Lists of Approved and Rejected Instructional Materials, for second reading and final adoption.
The proposed new sections in Subchapter B would define the procedures and policies for the selection, appointment, training, and duties of IMRA reviewers; outline the procedures for IMRA public access and public comment; and specify procedures for materials to be updated or revised following approval by the board.
The proposed new sections in Subchapter C would outline the procedures for local districts to request sample copies of materials under review and clarify the procedures for selection and local adoption of instructional materials by school districts and open-enrollment charter schools.
FISCAL IMPACT: TEA has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal may impose a cost on regulated persons. Publishers of SBOE-approved materials assume all costs associated with receiving approval from the SBOE and making updates and/or substitutions to their approved materials. This is not mandatory unless a participant in the review and approval process opts to submit their materials voluntarily. Further, the SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to content in state-adopted instructional materials prior to delivery of the materials to school districts. However, these rules are necessary to implement legislation and, therefore, are not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations regarding the procedures and policies for the selection, appointment, training, and duties of IMRA reviewers; outline the procedures for IMRA public access and public comment; and specify procedures for materials to be updated or revised following approval by the board.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: The proposal would define the procedures and policies for the selection, appointment, training, and duties of IMRA reviewers; outline the procedures for IMRA public access and public comment; and specify procedures for materials to be updated or revised following approval by the board. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposed new sections would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period on the proposal begins December 20, 2024, and ends at 5:00 p.m. on January 21, 2025. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January 2025 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 20, 2024.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed new 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment; §67.29, IMRA Reviewers: Training, Duties, and Conduct; §67.31, Procedures for Public Access to and Handling of IMRA Samples; §67.33, Public Comment on Instructional Materials; §67.39, Updates to Approved Instructional Materials; and §67.41, New Editions of Approved Instructional Materials, and Subchapter C, Local Operations, §67.61, Sample Copies of Instructional Materials for School Districts; and §67.63, Selection and Local Adoption of Instructional Materials by School Districts.
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Attachment:
Text of Proposed New 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment; §67.29, IMRA Reviewers: Training, Duties, and Conduct; §67.31, Procedures for Public Access to and Handling of IMRA Samples; §67.33, Public Comment on Instructional Materials; §67.39, Updates to Approved Instructional Materials; and §67.41, New Editions of Approved Instructional Materials, and Subchapter C, Local Operations, §67.61, Sample Copies of Instructional Materials for School Districts; and §67.63, Selection and Local Adoption of Instructional Materials by School Districts