In response to multiple questions regarding instructional resources including those in the library and classroom instructional materials, both the State Board of Education (SBOE) and the Texas Education Agency (TEA) have circulated information about possible next steps and suggested policy language.
On April 11th, SBOE Chair Keven Ellis sent a letter to Governor Abbott explaining how the SBOE will move forward regarding instructional materials. First, Chair Ellis pointed out the Legislature has granted the SBOE the authority to reject instructional materials that are not “suitable for grade level.” Second, Chair Ellis said the rulemaking process will be initiated at the next SBOE meeting to require all districts that are required to follow 47 U.S.C. Sections 254 to have an Internet safety policy in place.  The proposed language would expand the requirement from the 85% of districts that currently must adhere to this policy to 100% of districts to adhere to this policy.
During an SBOE meeting this month, Chair Ellis recommended addressing the internet safety policy through rule amendment by adding TAC §66.105(c). It is anticipated the Internet Safety Policy rule amendment will be back as an agenda item in June for first reading and in second reading in September.
TEA has also submitted a “model policy” intended to be adopted by school board trustees that would replace each district’s local policy with statewide standards for library content. TEA’s goal is to assist districts as they “ensure alignment between local values and state statute.” The policy includes references to the Texas Penal Code and the federal Children’s Internet Protection Act.
Also of note, during the Texas State Library and Archives Commission’s February 18th meeting, members discussed reviewing and possibly updating the proposed commission’s guidelines and review standards in conjunction with the SBOE and TEA. The commission discussed how this process will take at least five to six months and any draft rule approved by the commission will be posted for public comment and then will come back to the board to be approved as administrative rule.