The Texas Education Agency proposes amendments to various rules concerning instructional materials. The sections proposed for amendment address the commissioner’s list of electronic textbooks and instructional materials; state-developed open-source textbooks; and acceptable condition of public school textbooks, electronic textbooks, and technological equipment. The proposed new sections would address provisions for the instructional materials allotment. The proposed amendments and new rules would implement the requirements of the Texas Education Code (TEC), Chapter 31, as amended by Senate Bill (SB) 6, 82nd Texas Legislature, First Called Session, 2011, and House Bill (HB) 4294, 81st Texas Legislature, 2009.
SB 6, 82nd Texas Legislature, First Called Session, 2011, made significant changes pertaining to the review, adoption, and purchase of instructional materials and technological equipment for public schools, including the establishment of the instructional materials allotment. This legislation requires the commissioner to provide funds from the instructional materials fund to every school district, open-enrollment charter school, and juvenile justice alternative education program. The funds can be used to acquire instructional materials, technological equipment, and technology services. In addition, HB 4294, 81st Texas Legislature, 2009, made significant changes relating to textbooks, electronic textbooks, instructional materials, and technological equipment in public schools. This legislation requires the commissioner to adopt a list of electronic textbooks and instructional materials. The statutory changes resulting from SB 6 and HB 4294 necessitate changes to the commissioner’s rules in 19 TAC Chapter 66, as follows.
The proposed amendments to 19 TAC Chapter 66, Subchapters AA-CC, would update the current definition of instructional materials and change the term “textbooks” to “instructional materials,” including use of the term within subchapter and section titles. References to textbook credits and maximum costs would be deleted. Additionally, the proposed amendments to 19 TAC Chapter 66, Subchapter AA, would revise provisions relating to administrative penalties, add a timeframe for SBOE direction on removing material from the commissioner’s list of electronic instructional materials, and update requirements relating to the selection of materials by school districts.
Proposed new 19 TAC Chapter 66, Subchapter DD, would establish provisions relating to the instructional materials allotment, including requirements for and certification of the use of the allotment. The proposed new rules would also address high-enrollment growth; special instructional materials; bilingual instructional materials; title and custody; sale or disposal of instructional materials and technological equipment; local accountability; lost, damaged, or worn out instructional materials; and juvenile justice alternative education programs.
Appropriate changes will be incorporated into the Educational Materials (EMAT) system. Proposed new 19 TAC Chapter 66, Subchapter DD, would include provisions that address the statutory requirement that a school district provide to the commissioner of education the title and publication information for any instructional materials requisitioned or purchased by the district with the district’s instructional materials allotment. The proposed new subchapter would also address the annual certification that must be submitted to the commissioner that students are provided with instructional materials that cover all elements of the Texas essential knowledge and skills. The proposed rule actions would have no new locally maintained paperwork requirements. All reporting requirements will be incorporated into the EMAT system.
The public comment period on the proposal begins April 27, 2012, and ends May 29, 2012. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-5337.
