TX Bd of Ed: 11/19/09 v.3 Rule changes for adoptions

Next, the Board took up the changes in rules necessary to deal with the recently passed legislation on open-source texts and spending on hardware and software. (See prior entries in this blog.)

The Textbook Coordinators Association of Texas point out problems with recent legislation mandating expansion of textbook funding to cover hardware and software as well. Their vice president pointed out that there has been much misinformation: many have forgotten that local School Boards are required to certify that TEKS are met before money be spent on hardware, etc.

The Board walked through the Agency's proposed rewrite of the rules. "Publishing companies," and anyone employed by them are prevented from serving as state review panel members, throughout the document as current wording, but Geraldine "Tincy" Miller (R-North Dallas), Pat Hardy (R-Weatherford), and Don McLeroy (R-The Faction, Bryan) worry that this creates a loophole for software companies, hardware companies, AND university professors offering open-source texts to Texas.

They vote to amend that so that if any hardware company, software company, or university professor submits instructional materials (including open-source textbooks), no employees of those entities can serve on the review panels.

Next, the document indicates that academic experts for textbook review panels can only be "university professors but also public school teachers with a strong background in a particular discipline." Don McLeroy (R-The Faction, Bryan), who's long been on record as wanting to "stand up to the experts" asked to strike the language, in order to allow more community members to have input. Substitute language describing participation of business and industry members, parents, and community members along with academics is included on a voice vote instead.

For open-source textbooks, they must be prepared by universities (public or private) in Texas. The Board of Regents or the President of the university would have to vouch for the content as covering the TEKS. All contributors would need to be identified, and universities would be liable for fines for errors just as other publishers are.

David Anderson, Counsel for the Agency (and the Board) does not think the Board has the authority to fine them, but will research the legislative intent to find out for sure. He also says that the legislation does not give the Board the authority to reject the open-source textbooks. (The designation of "conforming vs. non-conforming" is apparently left to the university making the material.) Don McLeroy (R-The Faction, Bryan) thinks the Board should still vet the open-source texts, just as a service to the school districts of the state.

Districts could print open-source materials on their own with their own budgets, or use textbook credits to have the state print them for them. The state would solicit bids for printing. Because they are intended to be year-to-year agreements, the Board will not be setting requirements for paper type or binding type. They would still have to work through a depository, because the law still requires it.

Cynthia Dunbar (R-The Faction, Richmond) does not want the Board to allow for printing these materials because the whole open-source thing was the Legislature running around the Board. "We have to do what the law requires, but we don't have to do anything more."

For those districts adopting items on the Commissioner's list (i.e. software or hardware), they also need to have a classroom set of textbooks (either traditional or open-source). Pat Hardy (R-Weatherford) finds it laughable that "classroom set" was 22 for elementary and 25 for secondary. She suggests 24 and 32 is more typical. But if they order that many on the elementary side, they'll go over the 103% quota. Districts with some small enrollments shouldn't need to have 32 per class. That passes easily with no objections.

Districts always ask for more than one copy of Braille or large-type materials per student (one to come home, and one to stay at school), but Agency has asked for language that clarifies that this is one only. Terri Leo (R-The Faction, Spring) thinks this is a problem because the large print items are too big. But there's not enough money to provide two copies, according to TEA staff.