January 27, 2026 Committee of the Full Board Item 5
Proposed Amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment
(Second Reading and Final Adoption)
January 30, 2026
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment. The proposed amendment would update the requirements for suitability reviewers and the process for the appointment and selection of suitability reviewers. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §31.003(a); and §31.022 and §31.023, as amended by House Bill (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 links above.
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 2026-2027 school year. The earlier effective date will ensure that the proposed changes can be implemented prior to IMRA Cycle 2026.
PREVIOUS BOARD ACTION: In January 2025, the SBOE adopted new rules in 19 TAC Chapter 67, Subchapter B, effective March 30, 2025, to define the procedures and policies for the eligibility, appointment, training, and duties of instructional materials review and approval (IMRA) reviewers; and specifying procedures for materials to be updated or revised following approval by the board.
A discussion item regarding §67.27 was included on the agenda for the Committee of the Full Board during the September 2025 SBOE meeting. The board approved the proposed amendment for first reading and filing authorization at its November 2025 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.
The IMRA process requires the use of both quality and suitability reviewers. Dedicated suitability reviewers were introduced for the first time as part of IMRA Cycle 2025. The proposed amendment would incorporate feedback gathered during the first year of implementation. Certain language requirements for nominees would be added, and the process for reviewer selection would be clarified, specifically related to timelines.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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 clarifying the requirements, timeline, and process for the appointment and selection of suitability reviewers.
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: No changes have been made to this section since published as proposed.
The proposal would clarify the process for nomination and selection of suitability reviewers. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.
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: Following the November 2025 SBOE meeting, notice of the proposed amendment to §67.27 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began December 19, 2025, and ended at 5:00 p.m. on January 20, 2026. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE during the January 2026 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January 2026 in accordance with the SBOE board operating policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption the proposed amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment; and
Make an affirmative finding that immediate adoption of the proposed amendment to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.27, IMRA Reviewers: Eligibility and Appointment, is necessary and shall have an effective date of 20 days after filing with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Member Responsible:
Colin Dempsey, Senior Division 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, §67.27, IMRA Reviewers: Eligibility and Appointment