House Bill 1605
, addresses Instructional Materials Review and Approval (IMRA), as well as the extension of additional state aid to school districts for the provision of certain instructional materials.╠ř
╚╦ĂŮËŇ╗ˇ recognizes that the impacts of HB 1605 may be significant for some local educational agencies (LEAs). While those impacts are analyzed, ╚╦ĂŮËŇ╗ˇ will continue to provide subsequent communications. Web pages and communications will be updated as much as possible as the State Board of Education (SBOE) completes rulemaking procedures for the IMRA process. However, complete edits cannot be made to some of these resources until the SBOE rulemaking procedures for the IMRA process have ended.╠ř
While the SBOE completes its rulemaking process, LEAs must comply with HB 1605 requirements and use the webinar series for assistance with implementation.
╚╦ĂŮËŇ╗ˇ is hosting a series of webinars to address components of the bill that are most relevant to LEAs. Series topics were prioritized by the effective date of sections of the bill and their impact on LEAs. Based on feedback from the field, we are shifting the timing and topics to better meet the needs of districts.╠ř╠ř╠ř
Coming Soon: Planning and Non-instructional Duties of Teachers
Â┘▒▓§│Ž░¨ż▒▒Ŕ│┘ż▒┤ă▓ď:╠řAn overview of the statutory protections of planning time for classroom teachers in HB 1605 and guidance on the supplemental duty agreement with a teacher. [Texas Education Code, ┬ž11.164 and ┬ž21.4045]
Coming Soon: Three-Cueing and Phonics Instructional Materials
Â┘▒▓§│Ž░¨ż▒▒Ŕ│┘ż▒┤ă▓ď:╠řAn overview of the prohibition of three-cueing in instructional materials and guidance on how to implement it with considerations for╠řHouse Bill (HB) 3, issued by the 86th Texas Legislature in 2019, which directs all Texas school districts to provide phonics curriculum that uses systematic, direct instruction in kindergarten through third grade to ensure all students obtain necessary early-literacy skills.
Frequently Asked Questions (FAQ)
╚╦ĂŮËŇ╗ˇ has put together an HB 1605 FAQ that will be updated regularly. The FAQs will be updated regularly.╠ř
Last updated November 16, 2023. FAQs with an asterisk (*) have changed since the last update.
Previous Webinars and Work Sessions
- The SBOE held a discussion on the╠řIMRA process, criteria, and instructional materials contract terms and conditions on November 14 and 15, 2023. The video is available through .╠ř
- The SBOE held a discussion and provided updates on HB 1605 on╠řAugust 29, 2023. The video of the discussion is available through╠ř.╠ř
- HB 1605-SBOE Work Session was held╠řon╠řJune╠ř22, 2023. A copy of the╠řsession presentation is available on the ╚╦ĂŮËŇ╗ˇ web site.
Q: What is the new SBOE IMRA process required by the bill?╠ř
A:╠řThe SBOE will approve a set of IMRA criteria as well as an IMRA Process. The╠řIMRA criteria╠řdefine╠řwhat╠řwill be reviewed in instructional materials. The╠řIMRA process╠řwill outline╠řhow╠řinstructional materials will be reviewed. The SBOE has╠řfinal authority╠řon approvals, the process, and the criteria used. ╚╦ĂŮËŇ╗ˇ is required to assist by assembling teams of teachers and other curriculum experts to conduct reviews and provide recommendations to the SBOE.╠ř
Q: What IMRA criteria are required by statute?╠ř
A:╠řTexas Education Code (TEC),╠ř┬ž31.022, and ┬ž31.023 identify several aspects of instructional material that must be included as part of the IMRA criteria. This includes:╠ř
- Texas Essential Knowledge and Skills (TEKS) coverage╠ř
- No three-cuing content in KÔÇô3 reading╠ř
- Suitable for grade and subject╠ř╠ř
- No obscene or harmful content, including compliance with the Children's Internet Protection Act (CIPA), TEC, ┬ž28.0022, and
- Free from factual error╠ř╠ř
- Physical and electronic specifications╠ř
- Parent portal compliance╠ř
Other statutes of relevance to instructional material and the╠řIMRA criteria╠řinclude TEC, ┬ž┬ž29.907, 29.9071, and 29.9072.╠ř ╠ř
Q: Are districts required to use materials adopted by the SBOE under the new IMRA process?╠ř
A:╠řDistricts still have the authority to adopt materials that meet their local needs.╠řTEC, ┬ž31.0251 specifically states ÔÇťexcept as otherwise provided, the agency may not require a school district to adopt or otherwise use instructional materialÔÇŁ adopted by the SBOE.╠ř╠ř
Q: How do districts access the new allotment in the bill?╠ř
A:╠řInstructional materials accounts managed via EMAT have previously held balances for each school system from the instructional materials and technology allotment (IMTA). Starting in the 2023ÔÇô24 school year, EMAT will be updated to reflect additional balances provided by two new allotments created by HB 1605: the State-Approved Materials Allotment (TEC, ┬ž48.307) and the Open Education Resources (OER) Printing Allotment (TEC, ┬ž48.308). When school systems use EMAT to place requisitions for state-approved (or printed OER) materials, during the ordering process, the school system will designate that the requisitions will draw down funds from these allotments.╠ř ╠ř
School systems may only use the new allotments to order materials that have been approved by the SBOE via the new IMRA process. The bill requires the SBOE to establish the new IMRA Criteria and Process, and then conduct it to approve materials on a prospective basis, so materials adopted by the SBOE under prior law do not count as approved under the new IMRA process. Current timelines indicate that materials will begin to be reviewed in April 2024, with full approval being given to an initial set of materials by the SBOE in November 2024. At that point, districts will be able to place orders and access the new allotments.╠ř
Note:╠řThe State-Approved Materials Allotment (TEC, ┬ž48.307) accumulates in a school systemÔÇÖs account even in a year when the school system places no requisitions in EMAT for SBOE-approved materials. So, in November 2024, a school system will have two yearsÔÇÖ worth of allotment funds from which to purchase at that time. However, the OER Printing Allotment (TEC, ┬ž48.308) is only available for printing costs in the same year, so no additional funds will be available under that allotment during the 2023ÔÇô24 school year given SBOE timelines for materials approval under the new IMRA Process.╠ř╠ř
Q: Which instructional materials can a district purchase with the traditional IMTA and the new allotments in HB 1605?
A:╠řActions by the SBOE to approve or reject materials in the IMRA process do not impact the allowable uses of a districtÔÇÖs traditional IMTA funds. The bill amends the statute to now state, ÔÇťinstructional materials, regardless of whether the instructional materials are on the list╠řof approved instructional materials maintained by the State Board of Education under Section 31.022.ÔÇŁ╠ř(HB 1605 Section 18)╠ř
The only new restriction on IMTA spending by a district is TEC, ┬ž31.0211(f) which states: ÔÇťFunds allotted under this section may not be used to purchase instructional material that contains obscene or harmful content or would otherwise cause the school district to which the funds were allotted to be unable to submit the certification required under TEC, ┬ž31.1011(a)(1)(B).ÔÇŁ╠ř
TEC, ┬ž31.1011(a)(1)(B) references protections from obscene or harmful content as necessary for compliance with the Children's Internet Protection Act (Pub. L. No. 106-554), TEC, ┬ž28.0022 - Certain Instructional Requirements And Prohibitions, ┬ž43.22 of Texas Penal Code, and any other law or regulation that protects students from obscene or harmful content.╠ř
In contrast, the new allotments for $40 and $20 are restricted to only materials that have been reviewed and approved by the SBOE in the new IMRA process.╠ř
Q: How do you define what is considered ÔÇťhigh-qualityÔÇŁ?
A: ╚╦ĂŮËŇ╗ˇ and the SBOE are currently in the process of developing rubrics that formally define what HQIM include.╠ř
Pending final details in that rubric, HQIM are curricular resources that:╠ř
- Ensure full coverage of TEKS.╠ř
- Are aligned to evidence-based best practices in the relevant content areas of RLA, math, science, and social studies.╠ř
- Support all learners, including students with disabilities, English learners, and students identified as gifted and talented.╠ř
- Enable frequent progress monitoring through embedded and aligned assessments.
- Include implementation supports for teachers.
- Provide teacher and student-facing lesson-level materials.
Q: How does this bill impact the current IMTA?╠ř╠ř
A:╠řHB 1605 does not change the current IMTA process or structure. The IMTA was restored in House Bill 1, 88th Texas Legislature, to traditional levels (roughly $1 billion per biennium). School system IMTA Account allocations have already been made based on HB 1, as detailed in╠řthis June 2023 correspondence. HB 1605 establishes two new Foundation School Program (FSP) entitlements for SBOE-approved instructional materials, in addition to the IMTA. These new FSP funds will be managed in each districtÔÇÖs IMTA Account.╠ř
Q:╠řWhat is the average cost of a textbook?╠ř
A:╠řPricing varies by the grade and subject of the instructional material. Pricing is also dependent on the suite of components bundled by a publisher for purchase, which could include components such as digital licenses, trade books, workbooks, and teacher guides.╠řCurrent prices for adopted instructional materials can be found on EMAT.
Q:╠řHow many instructional materials are currently adopted by the SBOE?╠ř╠ř
A:╠řLog into EMAT to access the list of instructional materials adopted by the SBOE.
Q:╠řDo currently-adopted products qualify for the new instructional materials allotments provided in HB 1605?╠ř╠ř
A: None of the instructional materials from previous proclamations, including material to be adopted under Proclamation 2024, qualify as allowable purchases under the new foundation school program formula funds of $40 per student and $20 per student (although they continue to qualify as an allowable purchase with IMTA funds). To qualify for the new formula allotments, materials must be reviewed and approved by the SBOE in the new IMRA process outlined in HB 1605.
Q: In recent legislation, three-cueing was repealed. What is three-cueing?╠ř
A:╠řThree-cueing is a method of reading instruction for the identification of words by which a student is encouraged to draw on context and sentence structure to read words without sounding the words out or using a phonics-based approach.╠ř
Materials can be thought of as using three-cueing when teacher prompts including statements like ÔÇťDoes it look right,ÔÇŁ ÔÇťDoes it sound right,ÔÇŁ and ÔÇťDoes it make sense?ÔÇŁ Similarly, materials may encourage students to skip a word and come back to it, hunt for more familiar words, look at pictures for clues, try a word that makes sense, or other strategies that downplay the need to decode the specific written word being read. For example, instructional materials that include predictive text stems (as opposed to decodable readers) often include prohibited three-cueing. A school district or open-enrollment charter school may not include any instruction that incorporates three-cueing in K-3 English languages arts/reading.
Q: Will the KÔÇô12 Proclamation 2024 for Science KÔÇô12 remain intact, per the grandfathering language in HB 1605?
A:╠řYes. Proclamation 2024, which includes KÔÇô12 science instructional materials, among others, will continue as planned with materials being approved in the fall of 2023 and available for implementation in the 2024ÔÇô25 school year.╠ř
Previous Webinars and Work Sessions
- House Bill 1605 Implementation Information Session for Publishers╠řwas held on Tuesday, August 1, 2023.╠řA copy of the presentation and the webinar recording are available on the ╚╦ĂŮËŇ╗ˇ web site.╠ř
Q: When does ╚╦ĂŮËŇ╗ˇ anticipate publishing a formal cycle of annual curriculum areas for TEKS review so publishers can best plan and develop Texas curriculum resources?
A:╠řThe review of instructional materials in particular content areas and grade levels is dependent upon the approval of an aligned set of rubrics by the SBOE. It will be up to the SBOE to share their prioritization of rubrics with ╚╦ĂŮËŇ╗ˇ as the final rubrics and review process must be approved by the SBOE. Once a particular grade level and subject rubric is developed, it is anticipated that a review and approval process will happen in that grade level and subject rubric each year thereafter. This means that as TEKS are changed, new instructional materials reviews will be conducted, but publishers that donÔÇÖt submit on that timeline can also submit materials any year thereafter.╠ř
Q: How does the bill impact the TEKS review and revision process?╠ř╠ř
A:╠řThe bill requires a new vocabulary and book list addendum to the reading language arts (RLA) standards. TEC, ┬ž28.002, ┬ž4(c), notes that the SBOE ÔÇťshall specify a list of required vocabulary and at least one literary work to be taught in each grade levelÔÇŁ. TEC ┬ž28.002, ┬ž5(c), additionally notes the SBOE ÔÇťshall initiate the process of specifying an initial list of vocabulary and literary worksÔÇŁ no later than February 1, 2024, by requesting recommendations from the agency. Beyond the required RLA Addendum, HB 1605 allows the SBOE to now determine if or when to revise TEKS in any content area.╠ř
Q: What changes in law give the SBOE more flexibility in the schedule of revising TEKS?╠ř
A:╠řUnder previous statute, the SBOE was required to issue an instructional materials proclamation every eight years in foundation curriculum subjects to sign new contracts with publishers. This often resulted in the SBOE revising TEKS on timelines to align with the eight-year cycle for adoption of instructional materials in the foundation curriculum subjects. The eight-year cycle has been repealed in ┬ž31.022(b).╠ř
Under HB 1605, the SBOE╠řcan╠řreview new instructional materials for a subject each year, even if TEKS arenÔÇÖt changed.1 Under HB 1605, when TEKS are changed, the SBOE╠řmust╠řissue a proclamation for instructional materials and adopt materials by December 1, the year before the TEKS take effect. 2╠ř
2 ┬ž31.022(c)┬ž1(c) and ┬ž31.023(a)(1)(d)╠ř
Q: What are local classroom reviews?
A:╠řHB 1605 establishes a local school systems instructional materials review process, under TEC, ┬ž31.0252. Local classroom reviews must accomplish two things:╠ř╠ř
- Report how consistently instructional materials used in the classroom are those adopted by the school or school system; and
- Report how consistently assignments issued to students are on grade level.
The details of how local classroom reviews are conducted must be established under standards developed by ╚╦ĂŮËŇ╗ˇ, and the SBOE must specifically approve the rubric used to determine whether assignments are on grade level. The grade-level rubric used is likely to be like the portion of the IMRA criteria used to evaluate assignments found within SBOE-approved instructional materials.╠ř
Once the review standards are developed and the on-grade-level rubric is approved, ╚╦ĂŮËŇ╗ˇ will conduct a training and approval process to designate vendors, including service centers, as authorized providers of these local classroom reviews. Once authorized providers are approved, Local Classroom Reviews can begin to be conducted by school systems, with grant funds provided by ╚╦ĂŮËŇ╗ˇ to cover some or all of their costs, depending on demand. Local classroom reviews will likely be able to begin during the 2024ÔÇô25 school year.╠ř
Q: How can parents request a local classroom review?
A: Local classroom reviews can be ordered by school systems. They can also be requested by parents.╠ř
Of note:╠řUntil the standards are developed by ╚╦ĂŮËŇ╗ˇ, the rubric is approved by the SBOE, and the vendors are approved by ╚╦ĂŮËŇ╗ˇ, neither school systems nor parents can request these reviews. These steps are anticipated to be completed so that reviews can begin during the 2024ÔÇô25 school year.
TEC, ┬ž26.0061 establishes two different avenues for parents to request a local classroom review:
Individual Parent Request
The parent of an individual child can request a review of their own childÔÇÖs classroom(s). In these situations, the law describes a process where, if a school system receives a parent's request for a review, the school system should first work with the parent to ensure the parent has had a chance to review all the instructional materials offered in the classroom. This can include walking the parent through materials made available via the new Instructional Materials Parent Portal, his can include providing physical copies of materials for the parent to review in person at the school, or if feasible, to take home. It can include facilitating meetings between the parent and the teacher(s) to discuss classroom assignments and instructional materials. If the parent still wants a local classroom review conducted after these opportunities to directly review and discuss the materials, the school system must have a process to consider that parent's request.╠ř
In the event the school system administrators do not want to conduct a Local Classroom Review, the district must have a process for the parent to appeal those administrative decisions to the school board. Regardless of the situation, a school system is not required to conduct a Local Classroom Review in an individual classroom more than once a school year.
A petition signed by parents of at least 25 percent of students at a school can request a review for all or a portion of the classrooms of a school.╠ř╠ř
In the event administrators do not want to conduct the local classroom reviews requested by the petition, the school board must consider and affirmatively vote to veto the request.╠řIf the petition reaches 50 percent, reviews must be conducted. Regardless of the situation, a school system is not required to conduct a local classroom review in an individual classroom more than once per school year.
The SBOE may establish rules governing parental requests for a local instructional material review.╠ř
More details will be provided as the rules and standards are developed.
Q: Will the parent portal need to meet accessibility requirements?
A:╠řParent portal requirements must be set by the SBOE per the language in HB 1605. It is likely that the SBOE will require the portals to meet WCAG accessibility requirements to ensure access for all parents.
Q:╠řWhat are OER?╠ř
A:╠řTEC, ┬ž31.002, defines OER. As instructional materials, OER can be designed to be a full subject tier one instructional material, which includes a full textbook and related components including teachers guides. Instructional materials can also be designed to be supplemental, coming in a variety of formats. By using an ÔÇťopen resourceÔÇŁ, it means that the underlying intellectual property of the resource is owned by the state or is otherwise free-in-perpetuity to Texans and can be edited over time based on feedback. OER owned by the state can be downloaded in PDF format and used by anyone for free or can be printed.╠ř╠ř
Q: Why is ╚╦ĂŮËŇ╗ˇ purchasing or developing OER?╠ř
A:╠ř╚╦ĂŮËŇ╗ˇ has been authorized to acquire OER under law since 2009. Modifications made to TEC, ┬ž31.071, by HB 1605, require ╚╦ĂŮËŇ╗ˇ to purchase and/or develop OER full subject tier one instructional materials (i.e., textbooks) for English language arts (ELAR) and math, in grades prekindergartenÔÇô8. TEC, ┬ž31.071, also requires ╚╦ĂŮËŇ╗ˇ to purchase and/or develop OER versions of full subject tier one instructional materials in grades KÔÇô5 that can be used by teachers to cover core subjects (English, math, science, and social studies) in an integrated manner in less than four hours per day of instruction.╠ř ╠ř
Q: What is the OER Advisory Board?
A: TEC, ┬ž31.0712, directs ╚╦ĂŮËŇ╗ˇ to establish an open education resource advisory board to ensure that the open education resource instructional materials made available are: of the highest quality; and aligned with the TEKS adopted by the SBOE under TEC, ┬ž, for the applicable subject and grade level; suitable for the age of the students at the grade level for which the materials are developed; are free from bias or factual error; and are in Compliance with TEC, ┬ž╠ř, which enumerates criteria the SBOE shall develop. ╚╦ĂŮËŇ╗ˇ is in the planning phase for the OER Advisory Board, more details on the makeup of the Advisory Board will be published when they are available.
Q: What additional protections are provided as a part of the bill?╠ř
A: Teachers are given employment protections in the bill. If a teacher is using materials that have been adopted by the SBOE IMRA Process, they cannot face disciplinary action for TEC, ┬ž28.0022 complaints when using those vetted materials with fidelity (TEC, ┬ž22.05125).╠ř╠ř
This bill also protects teacher time in two ways:
- Teachers cannot be required to use bi-weekly planning time to create initial instructional materials unless there is a supplemental duty agreement with the teacher (TEC, ┬ž21.4045); and
- For school systems that have adopted instructional materials that include instructional materials with detailed lesson plans, teachers are not required to turn in weekly lesson plans (TEC, ┬ž11.164).╠ř
- IMRA Criteria and Instructional Materials Contract Terms and Conditions (PDF) Updated November╠ř13, 2023
- IMRA Process (PDF)╠řUpdated November╠ř13, 2023
HB 1605 Communications
- Webinar Series and Proclamation 2024 Update (TAA)╠řPublished September 21, 2023
Previous Webinars and Work Sessions
- HB 1605 Overview for LEAs (PDF) Published September 26, 2023
- (YouTube) Published September 26, 2023
- HB 1605 SBOE Work Session╠ř(PDF) Published August 29, 2023
- (Admin Monitor video) Published August 29, 2023
- ╠ř(YouTube) Published August 1, 2023
- HB 1605 Publisher Information Session╠ř(PDF)╠řPublished August 1, 2023
- HB 1605 SBOE Work Session (PDF) Published June╠ř22, 2023