September 10, 2024 Committee of the Full Board Item 9
Discussion 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; §67.63, Selection and Local Adoption of Instructional Materials by School Districts; and §67.69, Local Review of Classroom Instructional Materials
September 10, 2024
COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the board to discuss 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; §67.63, Selection and Local Adoption of Instructional Materials by School Districts; and §67.69, Local Review of Classroom Instructional Materials. The proposed new sections would define the procedures and policies for the selection, appointment, training, and duties of 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 and clarify procedures for the local review of classroom materials as required by statute.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.003(a); 31.022 and 31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023; and §31.0252, as added 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.
TEC, §31.0252, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023, requires TEA to develop a rubric, approved by the SBOE, to determine if reviewed instructional material complies with the rigor requirements described by TEC, §31.0252(a)(2).
The full text of statutory citations can be found in the statutory authority section of this agenda.
FUTURE ACTION EXPECTED: Proposed new 19 TAC §§67.27, 67.29, 67.31, 67.33, 67.39, 67.41, 67.61, 67.63, and 67.69 will be presented for first reading and filing authorization at the November 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 2024 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, 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 adopt instructional materials and clarify procedures for the local review of classroom materials as required by statute.
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Separate Exhibit:
Decision Points and Considerations for Proposed New Rules
(to be provided at the September 2024 SBOE meeting)