TITLE education

Part II. Texas Education Agency

Chapter 66. State Adoption and Distribution of Instructional Materials

Subchapter B. State Adoption of Instructional Materials

19 TAC §66.28

The Texas Education Agency (TEA) proposes an amendment to 19 TAC §66.28, concerning the identification of the essential knowledge and skills that will be used in evaluating textbooks. The section specifies the essential knowledge and skills used to evaluate instructional materials submitted under proclamations of the State Board of Education (SBOE) advertising for bids on instructional materials. Texas Education Code, Chapter 28, requires that the SBOE, by rule, identify the Texas essential knowledge and skills (TEKS) that will be used in evaluating textbooks. The proposed amendment to §66.28 would adopt by reference the specifications for the TEKS used to evaluate instructional materials submitted under the call of Proclamation 1998.

In July 1997, the SBOE adopted TEKS for the foundation curriculum. The adopted TEKS do not, however, specify which of the TEKS are to be used in the individual subject areas for which instructional materials will be adopted. Proclamation 1998, approved by the SBOE in November 1998, calls for instructional materials for particular grades in English language arts and Spanish language arts. The proposed amendment to §66.28 would define, by rule, the TEKS to be used to evaluate textbooks in these subjects as the TEKS contained in Proclamation 1998.

Felipe T. Alanis, deputy commissioner for programs and instruction, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Alanis and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to comply with Texas Education Code, Chapter 28, and to ensure that students throughout the state have access to quality instructional materials. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

The amendment is proposed under the Texas Education Code, §28.002, which authorizes the State Board of Education, to identify the essential knowledge and skills.

The proposed amendment implements the Texas Education Code, §28.002.

§66.28.Adoption by Reference.

(a)

The sections titled "Content Requirements" in the 1997 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the agency's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 1997. A copy of the 1997 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

(b)

The sections titled "Content Requirements" in the 1998 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the agency's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 1998. A copy of the 1998 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 8, 1999.

TRD-9901406

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 463-9701