September 10, 2024 Committee of the Full Board Item 8
Proposed Amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education
(First Reading and Filing Authorization)
September 13, 2024
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization a proposed amendment to
19 Texas Administrative Code (TAC) Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education. The proposed amendment would establish a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses by defining the criteria to be used in the review and approval of instructional materials by the State Board of Education (SBOE) and the Texas Education Agency (TEA).
STATUTORY AUTHORITY: Texas Education Code (TEC), §§28.002(a), and 31.003(a), 31.022, and 31.023, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
TEC, §28.002(a), identifies the subjects of the required curriculum.
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.
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 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 amendment 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 board to consider and review instructional materials for career and technical education (CTE) courses and instructional materials for supplemental products in Instructional Materials Review and Approval (IMRA) Cycle 2025.
PREVIOUS BOARD ACTION: At the April 2024 meeting, the SBOE approved the proposed new §67.25 for second reading and final adoption.
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. The proposed amendment would establish a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses by defining the criteria to be used in the review and approval of instructional materials.
The proposed amendment was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting. It is recommended that the SBOE consider this item for first reading and filing authorization to ensure that the board can consider and review instructional materials for CTE courses and instructional materials for supplemental products in IMRA Cycle 2025.
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 does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is 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 expand an existing regulation by establishing a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses by defining the criteria to be used in the review and approval of instructional materials by the SBOE and TEA in order to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.
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 create a new regulation; would not 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 ensure that adopted instructional materials continue to appropriately meet statutory and SBOE requirements prior to use by Texas teachers and students. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal 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 October 11, 2024, and ends at 5:00 p.m. on November 12, 2024. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2024 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 October 11, 2024.
MOTION TO BE CONSIDERED: The State Board of Education:
Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and
Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education.
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education.