|(a) "Open education resource instructional material"
means teaching, learning, and research resources that reside in the
public domain or have been released under an intellectual property
license that allows for free use, reuse, modification, and sharing
with others, including full courses, course materials, modules, textbooks,
streaming videos, tests, software, and any other tools, materials,
or techniques used to support access to knowledge.
(b) The State Board of Education (SBOE) shall place
open education resource instructional materials submitted for a secondary-level
course on the adopted list if the instructional materials meet the
criteria outlined in subsections (c) and (d) of this section.
(c) Open education resource instructional materials
referenced in this section must be:
(1) submitted by an eligible institution, defined as
a public institution of higher education that is designated as a research
university or emerging research university under the Texas Higher
Education Coordinating Board's accountability system, or a private
university located in Texas that is a member of the Association of
American Universities, or a public technical institute, as defined
by the TEC, §61.003;
(2) intended for a secondary-level course; and
(3) written, compiled, or edited primarily by faculty
of an eligible institution that specializes in the subject area of
the instructional materials.
(d) To submit open education resource instructional
materials, an eligible institution must:
(1) certify by the board of regents, or corresponding
governing body, or president of the university, or by an individual
authorized by one of these entities, that the instructional materials
qualify for placement on the adopted list based on the extent to which
the instructional materials cover the essential knowledge and skills
identified under the TEC, §28.002;
(2) identify each contributing author;
(3) provide certification by the appropriate academic
department of the submitting institution that the instructional materials
are accurate; and
(4) certify that:
(A) for instructional materials for a senior-level
course, a student who successfully completes a course based on the
instructional materials will be prepared, without remediation, for
entry into the eligible institution's freshman-level course in that
(B) for instructional materials for a junior-level
and senior-level course, a student who successfully completes the
junior-level course based on the instructional materials will be prepared
for entry into the senior-level course.
(e) All information and certifications required by
subsection (d) of this section shall be provided in a format designated
by the commissioner of education.
(f) A publisher that offers open education resource
instructional materials must provide a report for each electronic
component that verifies that the component substantially follows Web
Content Accessibility Guidelines (WCAG) and technical standards required
by the Federal Rehabilitation Act, Section 508, as applicable. Specific
standards that must be met will be specified in each proclamation.
(g) Before placing open education resource instructional
materials submitted under subsection (b) of this section on the adopted
list, the SBOE shall direct the Texas Education Agency (TEA) to post
the materials on the TEA website for 60 days to allow for public comment
and the SBOE shall hold a public hearing on the instructional materials.
Public comment shall be provided to members of the SBOE and posted
on the TEA website within five working days of its receipt.
(h) Not later than the 90th day after the date open
education resource instructional materials are submitted as provided
by the TEC, §31.0241, the SBOE may review the instructional materials.
(1) may request an independent review that follows
the same process used in §66.36 of this title (relating to State
Review Panels: Training, Duties, and Conduct) to confirm the content
meets the criteria for placement on the adopted list based on the
extent to which the instructional materials cover the essential knowledge
and skills. The SBOE shall notify the submitting institution of any
discrepancy in alignment with essential knowledge and skills;
(2) shall post with the list adopted under the TEC, §31.023,
comments made by the SBOE regarding the open education resource instructional
materials placed on the list; and
(3) shall distribute SBOE comments to school districts.
|Source Note: The provisions of this §66.67 adopted to be effective April 27, 2010, 35 TexReg 3257; amended to be effective July 8, 2012, 37 TexReg 4911; amended to be effective May 5, 2016, 41 TexReg 3137; amended to be effective March 27, 2018, 43 TexReg 1846; amended to be effective March 24, 2020, 45 TexReg 1989