The Textbook Industry Will Never Be the Same Again...

…now that the Texas Legislature has adjourned for two years (or the Governor calls a “special session”). Every two years, they're in session for just 140 days to do all the law-making and budgeting the State of Texas needs. But before they left, the Senate tweaked a number of bills that have irrevocably broken the formerly sacred trust that The Textbook Fund would always and only be spent on textbooks (i.e. printed student editions). Presuming the Governor signs them, there’s no going back now…

One striking thing is the “surprises” that were attached to each bill by the Senate, during the amendment process. The bill on open-source textbooks (HB 2488) includes (oddly enough) the authority for the Commissioner of Education to develop “a list of devices that are purchasable using textbook credits to provide electronic access” to the open-source materials. And a bill that’s mostly about buying tech equipment (HB 4294) includes the authorization to buy science kits and lab equipment for grades K through 5 using textbook funds. (Surprise!)

Both of these bills also provide incentives for districts to adopt cheaper electronic textbooks or other materials, rather than the “priced-near-the-state-allowed-maximum” basal student editions that have been the workhorses of Texas adoptions. In each case, any savings for buying at less than the maximum price will be split 50/50 between the state and the school district. (Given the number of cash-strapped districts having trouble balancing their budgets, this unexpected revenue source will be very tempting…)

HB 2488 allows for universities within the state of Texas to develop their own open-source textbooks for the schools, “written, compiled or edited” by their own faculty. The appropriate academic department at the university would need to vouch for their accuracy, their compliance with the TEKS (state standards), and their appropriateness to prepare students for either college, or the next year’s high school course.

The university would have to sign over all ownership to the state, which would then have unlimited authority to modify, delete, combine, or update the text. Each time the TEKS were revised, the Commissioner of Education would issue an RFP for firms to compete to revise the open-source textbook to align to the new standards.

HB 4294 allows primarily for textbook funds to be used to purchase “technological equipment to support the use of electronic textbooks or instructional material” approved for use in the state. In addition, it also funds tools, models, or investigative material for K-5 science that supports the TEKS. Once more, the Commissioner of Education (not the sure-to-be-resentful State Board of Education) makes the list of what is worthy. (The State Board of Education gets the right to comment on it, though they are given no formal authority in this process.)

The Commissioner is required to get materials reviewed, be certain that they are NIMAS-compliant, and include professional development. The lone bone thrown to the print textbook industry is a requirement that there be classroom sets of books.

Another epic change in “the way things work” wrought by HB 4294 is the explicit incorporation of subscription models (as opposed to the standard one-payment-for-the-life-of-adoption model of yesteryear). In fact, electronic textbook subscriptions are allowed to be cancelled after a year, if the district is dissatisfied, and can be replaced with anything that was on the list.

Finally, HB 4294 sets up a far-reaching pilot program in computer lending for students and parents in disadvantaged schools. All state agencies are required to give any old computer equipment to the Texas Education Agency for this program, which can then lend it, and/or make it available in a lease-to-own program. The program would require participating schools to make tech support available until 7 pm three days a week, a huge departure from the 8 to 4 schedule that is the backbone of most schools.

On the one hand, only two of two dozen bills on textbooks and/or instruction made it out of the legislative logjam. On the other hand, given the far-reaching implications these bills have on who has authority over instructional materials, on what is funded, on how purchases are managed, and much more, these two bills could change many fundamental assumptions of how the industry approaches states like Texas.