November 2025 Committee on Instruction Item 4
Consideration of Instructional Materials Contracts Not in Compliance
November 21, 2025
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides an opportunity for the committee and board to consider terminating instructional materials contracts with publishers out of compliance from Proclamations 2018, 2019, 2020, and 2024 and remove the respective products from the list of adopted instructional materials.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§31.003, 31.026, and 31.151(a)(11).
TEC, §31.003, permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.
TEC, §31.026, requires the State Board of Education (SBOE) to execute contracts with publishers of adopted materials that specify a price fixed for the term of the contract that does not exceed the lowest price paid by any other state or any school or school district.
TEC, §31.151(a)(11), requires publishers to comply with contractual standard terms and conditions adopted by the SBOE for the procurement of instructional materials.
The full text of statutory citations can be found in the links above.
BACKGROUND INFORMATION AND JUSTIFICATION: Publishers with approved instructional materials from the proclamation process prior to the passage of HB 1605, 88R, 2023, executed contracts with the SBOE to be listed in the EMAT system. As part of an annual review of instructional materials contracts for vendor compliance verifications, TEA staff identified publishers that are out of compliance with the terms of their respective instructional materials contracts.
Vendors were reviewed for compliance with the following due diligence requirements:
Debarment Check
TEA must check the debarred vendor list posted on the Comptroller of Public Accounts (CPA) website to establish that the publisher has not been debarred by the Texas State Procurement Department. The SBOE and TEA may not award a contract to a debarred vendor.
Federal Database Checks
TEA must check the SAM (System for Award Management) database to verify that the publisher is not excluded from contract participation at the federal level. In addition, a contract cannot be awarded to a publisher named on the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) Specially Designated Nationals & Blocked Persons (SDN) list (with limited exceptions set forth in the Order). The SAM database is not the same as the OFAC SDN List. However, data from the OFAC list can be found within the SAM database. The U.S. General Services Administration operates the SAM database, and the U.S. Department of Treasury administers the OFAC SDN list.
Iran, Sudan, and Foreign Terrorist Organization Check
A governmental entity may not contract with a company doing business with Iran, Sudan, or a foreign terrorist organization prior to contract award. TEA must check the divestment lists to determine if the potential publisher is in violation of this requirement. The divestment lists are maintained by the Texas Safekeeping Trust Company and posted to the CPA website. If the publisher is in violation, the contract may not be awarded to that publisher.
Boycott Israel Check
If the contract is (1) between a governmental entity and a company with 10 or more full-time employees and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity, then the governmental entity may not contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. Prior to award, TEA must check the divestment lists to determine if the potential awardee is in violation of this requirement. The divestment lists are maintained by the Texas Safekeeping Trust Company and posted to the CPA website.
Energy Company Boycott Check
If the contract is (1) between a governmental entity and a company with 10 or more full-time employees and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity, then the governmental entity may not contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott energy companies and will not boycott energy companies during the term of the contract. Prior to award, TEA must check the divestment lists to determine if the potential awardee is in violation of this requirement. The divestment lists are maintained by the Texas Safekeeping Trust Company and posted to the CPA website.
Franchise Tax Check
TEA must verify the publisher’s franchise tax account status using the online Franchise Tax Account Status Search located on the CPA website. Not all vendors are required to pay franchise tax. The Texas franchise tax is a privilege tax imposed on each taxable entity formed or organized in Texas or doing business in Texas. CPA is required by law to forfeit a company’s right to transact business in Texas if the company has not filed a franchise tax report or paid a franchise tax required under Chapter 171 of the Tax Code. If the corporate privileges are forfeited, the entity will be denied the right to sue or defend itself in a Texas court, and each director or officer will be liable for the debt of the entity.
Texas Secretary of State Filing Check
TEA must verify the publisher’s filing status through the Texas Secretary of State SOSDirect system. Entities transacting business with the State of Texas are required to register and be in good standing with the Texas Secretary of State.
Executive Order Check
TEA must verify that the publisher is in compliance with any other relevant Executive Orders from the Governor.
The attached list provides information regarding contracts not in compliance with the terms of the contract.
MOTION TO BE CONSIDERED: The State Board of Education:
Terminate instructional materials contracts not in compliance with the terms of the contract and remove those products from the list of adopted instruction materials as shown in the attachment.
Staff Member Responsible:
Colin Dempsey, Director, District Operations, Technology, and Sustainability Supports
Attachment:
List of Instructional Material Contract Terminations to Consider