Rules to implement HB 1605 from the 88th legislative session have been posted for public review and comment. Comments will be taken online through January 29, 2024. In addition to the online comments, the State Board of Education will accept oral and written comments from registered testifiers on Tuesday, January 30, when they will be considering revisions in committee. Procedures and registration for public testimony are available at this link: Public Testimony Registration | Texas Education Agency . To review and comment online, please see: Proposed State Board of Education Rules | Texas Education Agency
During a special-called meeting on December 13, 2023, the SBOE agenda exclusively focused on rulemaking for the implementation of HB 1605. SBOE members revised rules drafted by Texas Education Agency staff for a new section of the Texas Administrative Code, TAC Chapter 67. Most of the new requirements apply to publishers participating in the new process for Instructional Materials Review and Adoption (IMRA), but there will be downstream effects for school districts as well. For example, the proposed rules will require publishers to meet a higher standard of TEKS alignment, 100%, than current rules. Instructional materials will also be evaluated using quality rubrics, which were posted in draft form for public comment in December. In keeping with a legislative focus on parental empowerment, the new rules require publishers to host a parent portal so parents can access instructional materials online throughout the school year, excluding assessments. As part of the IMRA process, instructional materials will also be evaluated for suitability criteria including compliance with applicable state laws. These new rules could make it more challenging for publishers to meet the requirements for SBOE approval of instructional materials. It’s possible that local districts may have fewer materials, of higher quality, on the SBOE approved list.
School districts will have a financial impact resulting from HB 1605 because instructional materials that have been reviewed and approved by the SBOE through the new IMRA process will qualify for an additional $40/student in funding. This additional funding will be provided through the Instructional Materials and Technology Allotment (IMTA) and will be available through a new system for ordering instructional materials, replacing the current EMAT system. However, school districts will retain the flexibility they have now to use IMTA funds for allowable resources that are not SBOE reviewed and approved, including supplemental products, intervention resources, assessment resources, and specialized products that target specific student needs. The IMTA fund is one of the only funds for which districts were allocated additional funding in the 88th legislative session.
At its upcoming meeting January 29—Feb. 1, the SBOE will revise the Chapter 67 rules based on public feedback and consider other aspects of the new process. The timeline posted on the TEA website indicates that the SBOE intends to finalize the IMRA process and review criteria by its April 2024 meeting. The first set of instructional materials to be reviewed under these new rules will be K-8 English and Spanish language arts, K-3 phonics, and K-12 math. These instructional materials would potentially be recommended for SBOE approval at the November 2024 meeting and would be available to districts for implementation in the 25-26 school year. This would also be the first set of instructional materials to qualify for the additional $40/student funding.
2024 will bring many changes related to the review, adoption, and procurement of instructional materials at the state and local levels. Districts can stay informed of updates on the TEA HB 1605 webpage and consider how changes in TEA policy will affect their instructional materials selection process.
For more information about the January 29—Feb. 2 meeting of the SBOE or to watch the livestream, see SBOE — State Board of Education | Texas Education Agency.