Tx Bd of Ed: 11/19/09, v.2 Statewide License FAILS

When the Board realized it had a budget problem, they asked all the publishers to lower their prices (unprecedented). Some did a little, some did more, and one company, A+RISE, proposed offering an electronic-only product as part of a statewide site-license for the English Language Proficiency Skills for 9-12, where all 15,000 high school teachers across the state would have access.

The Education Agency's Anita Givens told the Board that the original rate was $95 per student for instructional materials. If the Board opts for the site-license, it will cost about $22 per student. The choice the Board faces is whether to trim the budget for the rest of the materials to purchase the statewide license.

English Language Proficiency Skills for Grades 9-12 for all subject areas--was supposed to be teacher materials, not a statewide license, according to testifier Modesta Lopez-Tollison. She thinks it is unfair to allow the state-wide license to one company when none of the others knew this was an option when they bid. She also thinks some districts will not be able to handle this. She is concerned that with a single statewide license, schools' choice will be eliminated.

The Agency says that if ONLY statewide license was chosen, it could save $11 million over 6 years. But given that districts could still choose it AND another program, the savings will be less. The statewide license was bid for a 6-year time frame (expected life of the adoption). Once 25% use it, the cost to the state has been made up.

Geraldine "Tincy" Miller says "Let's wait for the statewide license until the May meeting, when we know what the teachers have wanted, and the other publishers can respond to submit for a state-wide license, so that it's fair." After discussion below, she withdrew a motion to postpone.

It is a pricing option: is this ordered by teacher or a statewide license. Agency says they need to know so districts will know how to order. Commissioner says he doesn't think this is a competitive issue--one offered a statewide license, others didn't.

Don McLeroy (R-The Faction, Bryan) points out that down the road--at the rates proposed, if all 6 publishers each submitted statewide license options, the Board would pass up the maximum of the budget. They might be placed (hypothetically) in the position of turning down somebody due to cost savings and no other reason.

Ironically, the Board realizes that it has no power over this--it's technically a decision for the Commissioner due to recent legislation, but out of deference, he's letting them make a recommendation as if it was still their decision. But then, the lead counsel explains that the Board can adopt the textbook as a statewide license under its own authority OR they can ask the commissioner to do it but he must declare an open bid.

The Board asks the commissioner to develop rules. The motion to grant the first statewide license A+RISE FAILS on a 6-9 vote.