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SENATE FLOOR VERSION
March 29, 2022
ENGROSSED HOUSE
BILL NO. 3373 By: West (Tammy) of the House
and
Pemberton of the Senate
An Act relating to school textbooks; amending 70 O.S.
2021, Section 16-102, which relates to textbook
selection; clarifying when a school district may
petition the State Board o f Education; mandating
approval of Board only if unusual or extraor dinary
circumstances exist; in cluding a rigorous review
process for district petitions; describing contents
of review; authorizing districts to request review
support from the State Department of Education ; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 20 21, Section 16-102, is
amended to read as follows:
Section 16-102. A. The State Textbook Committee shall meet at
the call of the chair as often as necessary, with two (2) weeks '
public notice, to discharge its responsibilities. If nece ssary, not
later than the first day of December of each year the State Textbook
Committee shall meet to select textbooks for subjects taught in the
public schools of the state for grades prekindergarten through
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twelve, which selections shall be for not mor e than six (6) years
for every textbook.
B. The Committee may suspend any currently pending selection
process of textbooks and may extend by at least two (2) years the
six-year adoption period of those textbooks currently on the state
adopted list, for th e purpose of delaying for two (2) years the six-
year adoption cycle of subjects.
C. "Textbooks", as used in Sections 16 -101 through 16-124 of
this title, means instructional materials that are designed for use
by pupils as a learning resource. Instructio nal materials may be
printed or nonprinted and may include textbooks, technology-based
and other educational materials.
D. "List of textbooks" or "the list", as used in Sections 16 -
101 through 16-111 of this title, means the official textbook list
required by Section 6 of Article XIII of the Oklahoma Constitution.
The list shall include the textbooks and other instructional
materials selected by the State Textbook Committee for use in the
common schools of the state.
E. The State Department of Education, in coordination with the
State Textbook Committee, shall approve an application process to
assemble annually one or more review teams comprised of subject
matter experts for each subject area under review to assist the
Committee in reviewing textbooks and instructional materials. The
number of review teams shall be contingent on the number of subject
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areas under review each year. Members of the review teams shall
have specific expertise in the subject areas being reviewed that
year. Review teams shall c onsist of no less than twelve members
each, but may be as large as is deemed necessary by the State
Textbook Committee and the State Department of Education. Subject
to the availability of funds within the State Department of
Education, members of the rev iew teams shall receive from the
Department necessary traveling expenses while in the performance of
duties pursuant to the State Travel Reimbursement Act.
F. The Committee shall select textbooks or series of textbooks
for each subject, which, to the grea test extent possible, are
aligned with the subject matter standards adopted by the State Board
of Education pursuant to Section 11 -103.6 of this title. The
Committee, in consultation with the State Department of Education,
shall adopt a rubric to be used by the review teams as a means of
evaluating textbooks submitted for review. The rubric shall contain
a three-tiered rating system in which the first tier shall be
labeled "Exemplifies Quality", the second tier shall be labeled
"Approaching Quality", and the third tier shall be labeled "Not
Representing Quality". The rubric shall also include, but not be
limited to, criteria for alignment to subject matter standards such
that all standards are present and treated with the appropriate
depth to support stud ents in learning the skills and information
contained in the subject matter standards, as well as usability for
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teacher planning, learning, assessment and differentiated
instruction. The Committee, in consultation with the review teams,
may include additional criteria specific to the subject area being
reviewed. The rubric shall require each criterion to be scored
individually with justification, and shall provide an overall
recommendation for the rating.
G. Review teams shall review all materials in acc ordance with
the rubric adopted in subsection F of this section and shall submit
the review and recommended rating to the Committee. The Committee
shall consider but not be required to accept the recommended rating
of the review teams. The Committee may request that the review
teams supply additional information to support their recommendations
or the Committee may provide its own justification utilizing the
adopted rubric.
H. The Committee, having verified that the review process has
been conducted in a scrupulous and fair manner, shall adopt a final
rating for each textbook prior to including it on the textbook list
required by Section 16 -110 of this title. The completed rubric for
each evaluated textbook, including the review team's
recommendations, shall be made publicly available on the State
Textbook Committee website.
I. After a final textbook list is published, the State Textbook
Committee may determine that unusual or extraordinary circumstances
exist in a particular subject area during the peri od for which
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textbooks have been selected for that subject area. Unusual or
extraordinary circumstances shall include but not be limited to
significant new techniques of teaching in a particular subject area
or significant new findings or discoveries in a particular subject
area. Upon a determination by three-fourths (3/4) of the members of
the State Textbook Committee that unusual or extraordinary
circumstances exist in a particular subject area, the Committee may
select one or more textbooks in that sub ject area for the remainder
of the adoption period.
J. The State Department of Education shall house the website of
the State Textbook Committee on its agency website.
K. Five After a final textbook list is published, five or more
district boards of education may petition the State Board of
Education to add a book or series of textbooks to the approved list
selected by the State Textbook Committee. The Board shall only
approve a petition when it determines that unusual or extraordinary
circumstances exist. Petitions shal l include a rigorous review
process completed by the requesting school districts in a manner
prescribed by the Board. At a minimum, the review shall include
alignment to subject matter standards such that all stand ards are
present and treated with the app ropriate depth to support students
in learning the skills and information contained in the standards,
as well as usability for teacher planni ng, learning, assessment, and
differentiated instruction. The requesting school districts may
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request support from the State Department of Education in their
review.
L. The State Board of Education shall promulgate rules to
implement the method and time frame for handling the petitions in
the most expeditious manner.
SECTION 2. It being immediately n ecessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
March 29, 2022 - DO PASS