January 2026 Committee on Instruction Item 6

Proposed Amendment to Instructional Materials Contract Between the Texas State Board of Education and William Marsh Rice University (Dba OpenStax)

January 30, 2026

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item seeks approval from the committee and board for an amendment to the instructional materials contract with William Marsh Rice University (doing business as OpenStax). The amendment would permit the publisher to sell a print version of its previously reviewed and approved digital Algebra I program from IMRA Cycle 2024. Current contract terms and rules prohibit publishers from offering new formats at prices exceeding those in the original agreement.

STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003 and §31.151(a-1).

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, §31.151(a-1) requires the SBOE to adopt standard terms and conditions for use in contracts for the procurement of instructional materials from publishers and manufacturers.

PREVIOUS BOARD ACTION: At the November 2024 meeting, the board voted to approve 95 programs from the inaugural IMRA review process including the OpenStax Algebra 1 program. 

BACKGROUND INFORMATION AND JUSTIFICATION: For a program to be listed in EMAT, a signed contract between the publisher and SBOE is required. This includes an “Exhibit A” report listing ISBNs or part numbers and prices. OpenStax executed its agreement at $0.00. Price increases for these listings are not allowed in accordance with the contract. 

OpenStax is proposing the introduction of an alternative format (physical print) for their IMRA-approved program. To introduce alternative formats of approved programs, publishers must meet the requirements outlined in 19 Texas Administrative Code §67.39 (e), which states,

A publisher of instructional materials may provide alternative formats for use by school districts if: 

 (1) the content is identical to SBOE-approved content; and 

 (2) the alternative formats include the identical revisions and updates as the original product and the cost to the state and LEAs is equal to or less than the cost of the original product. 

There is not yet a policy for the unique instance of a publisher who may decide to produce an alternative format of printed materials after submitting to IMRA as a $0.00 digital-only program. 

MOTION TO BE CONSIDERED: The State Board of Education:

Approve an amendment to Attachment A in the instructional materials contract with William Marsh Rice University, doing business as OpenStax, to add a printed format of the Algebra I program approved in IMRA Cycle 2024.

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

Attachment:                      
OpenStax Rice University IMRA 2024 Contract

Separate Exhibit:           
Amendment to Attachment A in the instructional materials contract with William Marsh Rice University, doing business as OpenStax                
(to be provided in advance of the January 2026 SBOE meeting)