|(a) The State Board of Education (SBOE) shall either
adopt or reject each submitted instructional material in accordance
with the Texas Education Code (TEC), §31.024.
(b) The SBOE shall adopt instructional materials in
accordance with the TEC, §31.023. Instructional materials may
be adopted only if:
(1) they meet at least 50% of the Texas essential knowledge
and skills (TEKS) or Texas Prekindergarten Guidelines (TPG) when the
SBOE calls for materials as specified in §66.27(c)(1) of this
title (relating to Proclamation, Public Notice, and Schedule for Adopting
Instructional Materials) or meet requirements of the proclamation
when the SBOE calls for materials as specified in §66.27(c)(2)
or (3) of this title for the subject and grade level or course(s)
in materials designed for student use and materials designed for teacher
use. In determining the percentage of the TEKS or TPG covered by instructional
materials, each student expectation shall count as an independent
element of the TEKS or TPG;
(2) the publisher has agreed to ensure that they meet
the established physical specifications adopted by the SBOE prior
to making materials available for use in districts;
(3) the publisher has agreed to ensure that they follow
the Web Content Accessibility Guidelines (WCAG) and technical specifications
of the Federal Rehabilitation Act, Section 508, as specified in the
(4) they are free from factual errors, including significant
grammatical or punctuation errors that have been determined to impede
student learning or that make the product of a quality not acceptable
in Texas public schools, or the publisher has agreed to correct any
identified factual errors or grammatical or punctuation errors that
have been determined to impede student learning, prior to making them
available for use in districts and charter schools;
(5) they are deemed to be suitable for the subject
area and grade level;
(6) they have been reviewed by academic experts in
the subject and grade level; and
(7) they receive approval by majority vote of the SBOE.
(c) No instructional material may be adopted that contains
content that clearly conflicts with the stated purpose of the TEC, §28.002(h).
(d) Instructional materials submitted for review may
be rejected by majority vote of the SBOE in accordance with the TEC, §31.024.
(e) Instructional materials the board determines that,
based on the initial review, contain extensive errors and make a product
of a quality not acceptable in Texas public schools are not determined
to be free from factual errors.
(f) A publisher may withdraw from the adoption process
at any time prior to execution of a contract with the SBOE for any
reason by providing notification in writing to the commissioner of
education. Notification of withdrawal is final and irrevocable.
(g) The commissioner may remove materials from the
adopted list if the publisher fails to meet deadlines established
in the schedule of adoption procedures.
|Source Note: The provisions of this §66.66 adopted to be effective September 1, 1996, 21 TexReg 7236; amended to be effective September 1, 1997, 22 TexReg 3779; amended to be effective October 12, 2006, 31 TexReg 8354; amended to be effective December 25, 2007, 32 TexReg 9611; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective March 13, 2014, 39 TexReg 1709; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to beeffective March 24, 2020, 45 TexReg 1989