SECTION 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.

Source Note: The provisions of this §66.1029 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405