TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER C. TEXAS SUCCESS INITIATIVE

19 TAC §§4.53, 4.54, 4.57, 4.60

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §§4.53, 4.54, 4.57, and 4.60, concerning the Texas Success Initiative (TSI) without changes to the proposed text as published in the January 20, 2017, issue of the Texas Register (42 TexReg 180). The amendments are being made to clarify definitions, specify scores for TSI exemptions, remove phase-in scores for the TSI Assessment, and clarify annual reporting by institutions. Specifically, the amendment to §4.53(1) clarifies the term "Acceleration;" §4.54(23) removes reference to phase-in scores; §4.54(a)(3)(B) specifies the STAAR EOC English III; and Algebra II score for TSI exemptions, §4.57 removes references to phase-in scores and clarifies use of diagnostic results, and §4.60 clarifies that the annual Developmental Education Program Survey (DEPS) is used to help evaluate statewide developmental education practices.

One comment was received from Alvin Community College.

Comment: Alvin Community College commented in support of the proposed changes to §4.57.

Response: No response was required and no additional changes were made as a result of this comment.

The amendments are adopted under Texas Education Code (TEC), §51.3062 which provides the Coordinating Board with the authority to establish policies and procedures relating to the TSI, and §51.307, which provides the Coordinating Board with the authority to adopt and publish rules and regulations to effectuate the provisions of Chapter 51, Subchapter F of the TEC.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 21, 2017.

TRD-201701657

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: May 11, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 427-6104


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

The Texas Education Agency (TEA) adopts the repeal of §§66.1001, 66.1003, 66.1005, 66.1007, 66.1009, 66.1011, 66.1015, 66.1021, 66.1023, 66.1025, 66.1027, 66.1033, 66.1037, 66.1039, 66.1041, 66.1101, 66.1103, 66.1105, 66.1107, 66.1109, 66.1111, 66.1115, 66.1117, 66.1201, 66.1203, 66.1205, 66.1301, 66.1303, 66.1305, 66.1309, 66.1313, 66.1315, 66.1317, 66.1319, 66.1321, 66.1323, 66.1325, and 66.1327; amendments to §§66.1013, 66.1017, 66.1019, 66.1029, 66.1031, 66.1035, 66.1113, 66.1307, and 66.1311; and new §§66.1014, 66.1115, 66.1309, 66.1310, and 66.1312, concerning state adoption and distribution of instructional materials. The amendments to §§66.1029, 66.1113, and 66.1307 are adopted with changes to the proposed text as published in the January 20, 2017 issue of the Texas Register (42 TexReg 188). The repeal of §§66.1001, 66.1003, 66.1005, 66.1007, 66.1009, 66.1011, 66.1015, 66.1021, 66.1023, 66.1025, 66.1027, 66.1033, 66.1037, 66.1039, 66.1041, 66.1101, 66.1103, 66.1105, 66.1107, 66.1109, 66.1111, 66.1115, 66.1117, 66.1201, 66.1203, 66.1205, 66.1301, 66.1303, 66.1305, 66.1309, 66.1313, 66.1315, 66.1317, 66.1319, 66.1321, 66.1323, 66.1325, and 66.1327; amendments to §§66.1013, 66.1017, 66.1019, 66.1031, 66.1035, and 66.1311; and new §§66.1014, 66.1115, 66.1309, 66.1310, and 66.1312 are adopted without changes to the proposed text as published in the January 20, 2017 issue of the Texas Register (42 TexReg 188) and will not be republished. The adopted revisions bring the rules into alignment with current statutory rulemaking authority and reflect changes in law made by House Bill 1474, 84th Texas Legislature, 2015, which changed the annual instructional materials allotment (IMA) to a biennial allotment.

REASONED JUSTIFICATION. The changing nature of instructional materials and changes in statute since the passage of Senate Bill 6, 82nd Texas Legislature, First Called Session, 2011, and legislation passed by the 84th Texas Legislature, 2015, necessitates updates to the commissioner's rules regarding instructional materials.

The adopted revisions to Subchapter AA reflect the following changes, including amending section titles as necessary.

Section 66.1001, Definitions, and §66.1003, Scope of Rules, are repealed because they duplicate language from statute and are unnecessary.

Section 66.1005, Requirement for Registers, is repealed because the State Board of Education (SBOE) has rulemaking authority for this requirement and has adopted 19 TAC §66.4 to address the requirement.

Section 66.1007, Manufacturing Standards and Specifications, is repealed, and the requirements are incorporated into adopted new §66.1014.

Section 66.1009, Procedures Governing Violations of Statutes--Administrative Penalties, is repealed to avoid duplication of efforts as the SBOE provides for administrative penalties concerning instructional materials in 19 TAC §66.15.

Section 66.1011, Review and Adoption Cycles, is repealed to provide as much flexibility in the adoption of the commissioner's list as possible within statutory authority.

The adopted amendment to §66.1013, Request, Public Notice, and Schedule for Adopting Electronic Instructional Materials, modifies the process for instructional materials to be added to the commissioner's list to more closely align with current practice.

Adopted new §66.1014, Requirements for Publisher Participation, outlines the requirements a publisher must meet to participate in the review of instructional materials to be considered for adoption by the commissioner and incorporates several requirements from other sections of the subchapter that are repealed, including §§66.1007, 66.1025, and 66.1027.

Section 66.1015, Electronic Instructional Materials Review Panels: Eligibility, is repealed, and the requirements are incorporated into the adopted amendment to §66.1017.

The adopted amendment to §66.1017, Electronic Instructional Materials Review Panels: Appointment, outlines the requirements for review panels of instructional materials to be considered for adoption by the commissioner, brings those requirements into alignment with statutory requirements, and incorporates requirements from sections that are repealed, including §§66.1015, 66.1021, and 66.1023.

The adopted amendment to §66.1019, Electronic Instructional Materials Review Panels: Duties and Conduct, brings the training, duties, and conduct requirements for reviewers of materials to be considered for adoption by the commissioner into alignment with SBOE requirements for instructional materials reviews and statutory requirements of the Texas Education Code (TEC), §31.0231.

Section 66.1021, Electronic Instructional Materials Review Panels: Orientation, and §66.1023, Electronic Instructional Materials Review Panels: No-Contact Periods, are repealed, and the requirements are included in the adopted amendment to §66.1017.

Section 66.1025, Response to Request for Electronic Instructional Materials, and §66.1027, Electronic Instructional Materials Offered for Adoption by the Commissioner, are repealed, and the requirements are incorporated into adopted new §66.1014.

The adopted amendment to §66.1029, Public Comment on Electronic Instructional Materials, adds statutory requirements outlined in the TEC, §31.0231. In response to public comment, the section title was changed at adoption to Public and State Board of Education Roles Regarding Commissioner-Adopted Instructional Materials and new subsections (g) and (h) were added to include information about administrative penalties and filing a register of contacts.

Section 66.1031, Consideration and Adoption of Electronic Instructional Materials, and §66.1035, Updates to Electronic Instructional Materials, are revised for clarity and alignment with statutory requirements.

Section 66.1033, Statewide License, is repealed because current language is permissive and, therefore, unnecessary.

Section 66.1037, Delivery of Adopted Electronic Instructional Materials, is repealed to provide as much flexibility in the adoption of the commissioner's list as possible within statutory authority.

Section 66.1039, Sample Copies of Electronic Instructional Materials for School Districts, is repealed because there is no longer a need for this requirement as all samples are made available electronically to the public.

Section 66.1041, Selection of Electronic Instructional Materials by School Districts, is repealed because this requirement is outdated since the creation of the IMA.

The adopted revisions to Subchapter BB include the following changes.

Sections 66.1101, Definitions; 66.1103, Scope of Rules; 66.1105, Requirement for Registers; 66.1107, Manufacturing Standards and Specifications; 66.1109, Review and Adoption Cycles; 66.1111, Request, Public Notice, and Schedule for the Adoption of State-Developed Open-Source Instructional Materials; and 66.1117, Preparing and Completing Contracts, are repealed because they duplicate language in statute and are unnecessary.

Section 66.1113, Requirements for State-Developed Open-Source Instructional Materials, is revised for clarity and to align with SBOE requirements regarding instructional materials. In response to public comment, new subsections (k) and (l) were added at adoption to include information about administrative penalties and filing a register of contacts.

Section 66.1115, Cost of State-Developed Open-Source Instructional Materials, is repealed, and new §66.1115, Cost and Distribution of State-Developed Open-Source Instructional Materials, is adopted. The new section aligns the provisions with the TEC, §31.075.

The rules in Subchapter CC are repealed, and the requirements are incorporated into adopted new §66.1310.

Subchapter DD, relettered as Subchapter CC, is revised to include the following changes.

Section 66.1301, Definitions, and §66.1303, Scope of Rules, are repealed because they duplicate language from statute and are unnecessary.

Section 66.1305, Certification of Instructional Materials, is repealed because it duplicates SBOE rule requirements in 19 TAC §66.105 and is unnecessary.

Section 66.1307, Instructional Materials Allotment, is revised for clarity and to incorporate information from §66.1313 and §66.1323 that are repealed. In response to public comment, "activities related to the local review and adoption of instructional materials" was removed from the list of unallowable uses of the instructional materials allotment in §66.1307(g) and added to the list of allowable uses in §66.1307(f).

Section 66.1309, High-Enrollment Growth Adjustment, is repealed, and new §66.1309, High Enrollment Growth Adjustment, is adopted. The new rule includes language from §66.1327 for a more logical sequence. Additionally, the language provides a more equitable distribution of funds dedicated to high enrollment growth and includes the possibility of additional bilingual instructional materials funding.

Adopted new §66.1310, Acceptable Condition of Instructional Materials and Technological Equipment, is added to include requirements repealed from Subchapter CC.

Section 66.1311, Special Instructional Materials, is revised for clarity.

Adopted new §66.1312, Delayed Publisher Payment Option, is added to include the requirements from §66.1327 that are repealed. The provisions are moved for a more logical sequence and revised for clarity.

Section 66.1313, Bilingual Instructional Materials, is repealed, and the requirements are incorporated into the adopted amendment to §66.1307.

Section 66.1315, Title and Custody, is repealed because it duplicates the requirements of the TEC, §31.1011(e), and is unnecessary.

Section 66.1317, Sale or Disposal of Instructional Materials and Technological Equipment, is repealed because it duplicates the requirements of the TEC, §31.105, and is unnecessary.

Section 66.1319, Local Accountability, is repealed to give local school districts the authority to establish their own policies regarding their instructional materials.

Section 66.1321, Lost, Damaged, or Worn out Instructional Materials, is repealed to provide school districts greater flexibility and because it is in part duplicative of the TEC, §31.104.

Section 66.1323, Juvenile Justice Alternative Education Programs, is repealed, and the requirements are incorporated into the adopted amendment to §66.1307.

Section 66.1325, Reimbursements of Funds to Local Education Agencies, is repealed to allow local school districts greater flexibility in the use of their instructional materials allotments.

Section 66.1327, Delayed Publisher Payment Option, is repealed, and the requirements are adopted as new §66.1312.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began January 20, 2017, and ended February 21, 2017. Following is a summary of public comments received and corresponding agency responses.

Comment: An individual and the Instructional Materials Coordinators of Texas commented that the proposed addition of §66.1307(g)(6), "activities related to the local review and adoption of instructional materials," to the list of unallowable uses of the instructional materials allotment will have a detrimental effect on rural students and smaller schools and that it would not be aligned with the intent or overall mission of the legislation that authorizes the instructional materials allotment. The commenters requested that the commissioner allow these expenditures.

Agency Response: The agency agrees. At adoption, "activities related to the local review and adoption of instructional materials" has been removed from the list of unallowable uses in §66.1307(g) and added to the list of allowable uses in §66.1307(f).

Comment: The Fast Growth School Coalition commented that the phrase "not to exceed" should be removed from proposed new §66.1309(a).

Agency Response: The agency disagrees. The proposed language provides flexibility that may be needed under unforeseen circumstances.

Comment: The Fast Growth School Coalition asked what formula the TEA will use to determine a high-enrollment-growth district and recommended that the calculation reflect enrollment growth that is two times the state average and that the calculation be written into the Chapter 66 rules.

Agency Response: The agency disagrees. The exact calculation will vary from year to year depending on circumstances, growth rate, and available funding. The intent is to ensure that in each year of the biennium, districts are funded in priority order, beginning with those with the highest growth and, therefore, the highest need.

Comment: The Fast Growth School Coalition suggested that there should be a minimum enrollment number for a school district or charter school to qualify for the high-enrollment-growth adjustment and recommended that the minimum enrollment be 2,500 students.

Agency Response: The agency disagrees. This would negatively impact the smallest districts in the state. Under multiple cost projection scenarios, having this requirement in place would result in over 80% of districts with the highest enrollment growth in the state receiving no additional funding.

Comment: The Fast Growth School Coalition stated that proposed new §66.1309(c), which states that the amount of the adjustment determined by the commissioner is final and may not be appealed, should be eliminated. The commenter further stated that if it is not eliminated, the phrase "notwithstanding subsection (c)" should be added to §66.1309(f).

Agency Response: The agency disagrees. The commissioner is responsible for ensuring that funding provided to schools does not exceed funding available. The proposed language in §66.1309(c) was moved from current §66.1307(b).

Comment: The Fast Growth School Coalition stated that high enrollment growth may occur in each year and that high-enrollment-growth adjustments should be granted once each fiscal year, as early as possible.

Agency Response: The agency agrees and has maintained language as proposed.

Comment: The Fast Growth School Coalition stated that proposed new §66.1309(e) should be eliminated and that the per-student amount should be consistent for each year in the biennium.

Agency Response: The agency disagrees. The amount paid in the first year of a biennium is for two years; the amount that might be paid in the second year is for only the one remaining year of the biennium.

Comment: The Fast Growth School Coalition recommended that "unexpected" be removed from proposed new §66.1309(f) as it is an unnecessary qualifier in this context.

Agency Response: The agency disagrees. This portion is intended to assist schools that are struck by some unforeseen disaster which results in growth for which they could not have planned.

Comment: The Association of American Publishers (AAP) recommended changing the title of §66.1029 to Public and State Board of Education Roles on Commissioner-Adopted Instructional Materials.

Agency Response: The agency agrees that the title of the section could better reflect the intent of the section and has changed the title to Public and State Board of Education Roles Regarding Commissioner-Adopted Instructional Materials at adoption.

Comment: AAP recommended that a new subsection be added to §66.1029 as follows: "(g) Notwithstanding Subchapter A, SBOE may assess an administrative penalty under TEC, §31.151, for a violation based upon an instructional material adopted by the Commissioner under Subchapter AA or BB. A publisher of instructional material under Subchapter AA or BB shall file a register of contacts in the same manner provided under §66.4 for a publisher of instructional material adopted under a proclamation."

Agency Response: The agency agrees. At adoption, similar language relating to administrative penalties and filing a register of contacts was added in new subsections (g) and (h) in §66.1029 and new subsections (k) and (l) in §66.1113.

Comment: AAP requested that current accessibility guidelines and specifications for all instructional materials be maintained. AAP commented that the proposed revisions would repeal language in §66.1107 that states that "all state-developed open-source instructional materials shall comply with the requirements of the technical standards of the Rehabilitation Act, §508." AAP expressed support for the current requirements in §66.1107 and stated that all providers of instructional materials should be held to the same accessibility standards.

Agency Response: The agency disagrees. The repeal is not intended to eliminate or change accessibility requirements but instead to align rules more closely with specified statutory rulemaking authority. Accessibility requirements will be established in any call for open-source instructional materials and will align with the requirements for SBOE-adopted products as applicable and as long as those requirements remain current. Should accepted accessibility standards change, the lack of specific accessibility requirements in rule allows the commissioner the flexibility to update requirements to match current specifications.

Comment: AAP requested to have the TEC, §31.0231(f), clarified and stated that it seems in conflict with the requirement in proposed §66.1035(d) to provide TEA 30 days' notice before making certain updates.

Agency Response: The agency offers the following clarification. Proposed §66.1035(d), which is currently in rule as §66.1035(f), establishes a 30-day timeline for the notification required in the TEC, §31.0231(f).

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE COMMISSIONER'S LIST OF ELECTRONIC INSTRUCTIONAL MATERIALS

19 TAC §§66.1001, 66.1003, 66.1005, 66.1007, 66.1009, 66.1011, 66.1015, 66.1021, 66.1023, 66.1025, 66.1027, 66.1033, 66.1037, 66.1039, 66.1041

STATUTORY AUTHORITY. The repeals are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701596

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL MATERIALS

19 TAC §§66.1101, 66.1103, 66.1105, 66.1107, 66.1109, 66.1111, 66.1115, 66.1117

STATUTORY AUTHORITY. The repeals are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701599

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING ACCEPTABLE CONDITION OF PUBLIC SCHOOL PRINTED INSTRUCTIONAL MATERIALS, ELECTRONIC INSTRUCTIONAL MATERIALS, AND TECHNOLOGICAL EQUIPMENT

19 TAC §§66.1201, 66.1203, 66.1205

STATUTORY AUTHORITY. The repeals are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701601

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING INSTRUCTIONAL MATERIALS ALLOTMENT

19 TAC §§66.1301, 66.1303, 66.1305, 66.1309, 66.1313, 66.1315, 66.1317, 66.1319, 66.1321, 66.1323, 66.1325, 66.1327

STATUTORY AUTHORITY. The repeals are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701602

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE COMMISSIONER'S LIST OF ELECTRONIC INSTRUCTIONAL MATERIALS

19 TAC §§66.1013, 66.1014, 66.1017, 66.1019, 66.1029, 66.1031, 66.1035

STATUTORY AUTHORITY. The amendments and new section are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1029.Public and State Board of Education Roles Regarding Commissioner-Adopted Instructional Materials.

(a) The commissioner of education shall provide access to electronic instructional materials being considered for adoption and the results of the panel review through the Texas Education Agency (TEA) website for a minimum of 60 days prior to adoption.

(b) The commissioner shall provide access to non-electronic instructional materials being considered for adoption and the results of the panel review at TEA and each regional education service center for a minimum of 60 days prior to adoption.

(c) Any resident of Texas may submit written comments for, against, or about any instructional materials submitted for adoption.

(1) Written comments and lists of factual errors shall be submitted to the commissioner on or before the deadlines specified in the schedule of adoption procedures.

(2) Written comments and lists of factual errors shall be submitted to the commissioner on a form provided by the TEA.

(3) Copies of written comments and lists of factual errors shall be posted on the TEA website.

(d) Before placing materials on the Commissioner's List of Adopted Instructional Materials, a discussion item will be included on the State Board of Education (SBOE) agenda for the Committee of the Full Board and public testimony will be taken at that time.

(e) Before materials are adopted for the Commissioner's List of Adopted Instructional Materials, the SBOE shall be given an opportunity to comment on the materials.

(f) The SBOE may, not later than the 90th day after the date material is adopted, require the commissioner to remove the material from the adopted list.

(g) Notwithstanding Subchapter A of this chapter (relating to General Provisions), the SBOE may assess an administrative penalty under the Texas Education Code, §31.151, for a violation based upon an instructional material adopted by the commissioner under this subchapter.

(h) A publisher of instructional materials under this subchapter shall file a register of contacts in the same manner provided under §66.4 of this title (relating to Requirement for Registers) for a publisher of instructional materials adopted through a proclamation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701597

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER BB. COMMISSIONER'S RULES CONCERNING STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL MATERIALS

19 TAC §66.1113, §66.1115

STATUTORY AUTHORITY. The amendment and new section are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendment and new section implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1113.Requirements for State-Developed Open-Source Instructional Materials.

(a) The commissioner of education may purchase state-developed open-source instructional materials in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.

(b) State-developed open-source instructional materials must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.

(c) The state must have unlimited authority to modify, delete, combine, or add content to the open-source instructional materials after purchase.

(d) State-developed open-source instructional materials must be created using the industry-standard software specified in the request for state-developed open-source instructional materials.

(e) The state must be given access to digital files necessary for content modification of the state-developed open-source instructional materials.

(f) Publishers of state-developed open-source instructional materials shall submit to the Texas Education Agency (TEA) a signed affidavit, including the following:

(1) certification that each individual whose name is listed as an author or contributor of a state-developed open-source instructional material contributed to the development of the material; and

(2) a general description of each author's or contributor's involvement in the development of the material.

(g) Publishers may not submit state-developed open-source instructional materials that have been authored by a current employee of the TEA.

(h) Following the revision of Texas essential knowledge and skills (TEKS) by the State Board of Education (SBOE), the commissioner shall require the revision of state-developed open-source instructional materials relating to those TEKS. The commissioner shall use a competitive process to request proposals to revise state-developed open-source instructional materials.

(i) The commissioner may, at any time, require the revision of a state-developed open-source instructional material for a period not to exceed the period under the TEC, §31.022, for which an instructional material for that subject and grade level may be adopted.

(j) The review of revised state-developed open-source instructional materials shall have the same requirements and occur according to the same process as new state-developed open-source instructional materials.

(k) Notwithstanding Subchapter A of this chapter (relating to General Provisions), the SBOE may assess an administrative penalty under the TEC, §31.151, for a violation based upon an instructional material adopted by the commissioner under this subchapter.

(l) A publisher of instructional materials under this subchapter shall file a register of contacts in the same manner provided under §66.4 of this title (relating to Requirement for Registers) for a publisher of instructional materials adopted through a proclamation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701600

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497


SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING INSTRUCTIONAL MATERIALS ALLOTMENT

19 TAC §§66.1307, 66.1309, 66.1310, 66.1311, 66.1312

STATUTORY AUTHORITY. The amendments and new sections are adopted under the Texas Education Code (TEC), §31.0211, which authorizes the commissioner to adopt rules regarding the instructional materials allotment (IMA), including the amount of the per-student allotment, the authorization of juvenile justice alternative education program allotments, allowed expenditures, required priorities, and adjustments to the number of students for which a district's IMA is calculated; TEC, §31.0212, which requires the commissioner to adopt rules regarding the documentation required for requisitions and disbursements to be approved, rules regarding districts' online instructional materials ordering system accounts, and rules requiring school districts to submit to the commissioner the title and publication information for any materials the district purchases with its IMA; TEC, §31.0214, which authorizes the commissioner to adopt rules regarding high enrollment growth; TEC, §31.0215, which authorizes the commissioner to adopt rules regarding allotment purchases, including announcing to districts the amount of their allotments and delayed payment options; TEC, §31.0231, which requires the commissioner to adopt rules regarding the Commissioner's List of Instructional Materials, including electronic or other tools, models, and investigative materials for kindergarten-Grade 5 science and kindergarten-Grade 8 personal financial literacy, various requirements for the adoption, the criteria the materials must meet, coverage of the Texas essential knowledge and skills, teacher training, accessibility standards, and allowed changes; TEC, §31.029, which requires the commissioner to adopt rules regarding instructional materials for use in bilingual education classes; TEC, §31.031, which requires the commissioner to adopt rules regarding the purchase of college preparatory instructional materials with the IMA; TEC, §31.076, which authorizes the commissioner to adopt rules regarding state-developed open-source instructional materials; and TEC, §31.104, which requires the commissioner to adopt rules that include criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition.

CROSS REFERENCE TO STATUTE. The amendments and new sections implement the Texas Education Code, §§31.0211, 31.0212, 31.0214, 31.0215, 31.0231, 31.029, 31.031, 31.076, and 31.104.

§66.1307.Instructional Materials Allotment.

(a) The commissioner of education shall determine the amount of the instructional materials allotment (IMA) for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student enrollment data from the fall snapshot collection of the school year preceding the first year of each biennium.

(b) The commissioner shall determine the amount of the IMA for Texas Juvenile Justice Department facilities.

(c) The commissioner shall determine the amount of the IMA for bilingual education based on TSDS PEIMS bilingual enrollment data from the fall collection of the school year preceding the first year of each biennium.

(d) The amount of the IMA determined by the commissioner is final and may not be appealed.

(e) Each school district's or open-enrollment charter school's IMA must be expended according to the following priorities established in the Texas Education Code (TEC), §31.0211:

(1) first, instructional materials necessary to permit the school district or open-enrollment charter school to certify that the school district or open-enrollment charter school has instructional materials that cover all elements of the essential knowledge and skills of the required curriculum, other than physical education, for each grade level as required by the TEC, §28.002; and

(2) then, any other instructional materials or allowed technological equipment.

(f) Maintaining the priorities provided in subsection (e) of this section, the IMA may be used to pay for:

(1) instructional materials on the list adopted by the commissioner under the TEC, §31.0231;

(2) instructional materials on the list adopted by the State Board of Education under the TEC, §31.024;

(3) non-adopted instructional materials;

(4) consumable instructional materials;

(5) instructional materials for use in bilingual education classes, as provided by the TEC, §31.029;

(6) versions of non-adopted instructional materials that are fully accessible to students with disabilities;

(7) instructional materials for use in college preparatory courses under the TEC, §28.014, as provided by the TEC, §31.031;

(8) supplemental instructional materials, as provided by the TEC, §31.035;

(9) state-developed open-source instructional materials, as provided by the TEC, Chapter 31, Subchapter B-1;

(10) instructional materials and technological equipment under any continuing contracts of the school district or open-enrollment charter school in effect on September 1, 2011;

(11) activities related to the local review and adoption of instructional materials;

(12) technological equipment that contributes to student learning, including equipment that supports the use of instructional materials;

(13) training educational personnel directly involved in student learning in the appropriate use of instructional materials;

(14) providing access to technological equipment for instructional use; and

(15) the salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning.

(g) The IMA may not be used to pay for:

(1) services for installation;

(2) the physical conduit that transmits data such as cabling and wiring or electricity;

(3) office and school supplies;

(4) items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;

(5) travel expenses; or

(6) equipment or software used for moving, storing, tracking, or taking inventory of instructional materials.

(h) The IMA for each biennium will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system (EMAT) as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated.

(i) A school district or an open-enrollment charter school may access its IMA funds for any upcoming school year upon completion of all of the following:

(1) submission to the commissioner certification that:

(A) the school district or open-enrollment charter school has instructional materials that cover all the required Texas essential knowledge and skills (TEKS), except those for physical education, as required by the TEC, §31.004; and

(B) the school district or open-enrollment charter school has used its IMA for only the allowable expenditures provided in subsection (f) of this section; and

(2) preparation by the agency of EMAT for the new school year with the new allotment amounts.

(j) Upon completion of the requirements listed in subsection (i) of this section, school districts and open-enrollment charter schools may access their IMA funds by correctly providing all the information required in EMAT.

(k) Information required in EMAT may include verification of TEKS coverage for certain disbursement requests.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 18, 2017.

TRD-201701605

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: May 8, 2017

Proposal publication date: January 20, 2017

For further information, please call: (512) 475-1497