Adapting to State Textbook Guidelines: A Primer for K-12 Publishers

A year ago, The Washington Post published an article which highlighted a widespread problem that K-12 publishers in the United States were facing—how to navigate state legislation on educational content that could result in their books not being approved for adoption and unavailable to schools and teachers. What made this situation even more serious was that some school systems, particularly those in states like Florida and Texas, are so large (purchasing $8.5 million and $2.3 million of educational materials, respectively) that not having a textbook on the approved list could result in a dramatic loss of revenue for publishers. And this financial loss could be not only for the next school year but for several years, depending on textbook review schedule.

In some states, this isn’t a new obstacle, but over the last year, even more states are taking action, creating stricter standards, requiring additional detail or a different focus on certain subjects, and, perhaps most challenging, changing the guidelines frequently, leaving educational publishers struggling to keep up with the most recent requirements.

To better cope with these challenges, educational content developers should consider who is making the decisions, what the most up-to-date legislation/requirements are, and learn from the experiences of publishers who have found ways to continue to access these essential textbook markets.

Who is the decision maker about state textbook adoption policies

As the Education Commission of the States noted in this review, 19 states and Washington D.C. make decisions about textbooks at the state level, while the other states leave it to a local education agency, such as a board of education, state review panel, or school district, to make the decision about which textbooks can be allowed to be used in curriculum. Two states, Colorado and Oklahoma, even have constitutional requirements around textbook adoption. Colorado’s constitution prohibits the legislative body and the board of education from prescribing textbooks and Oklahoma’s constitution directs the Legislature to authorize the governor to appoint a textbook selection committee.

Where to find up-to-date requirements per state

Unfortunately, because these standards differ from state to state, there isn’t one place where one can find the information for all states. The next best source for the most recent information is the Department of Education’s website for each state where they list instructional material statutes, legislation, and guidelines. Or, education organizations such as the National Center for Science Education or the National Council for History Education which can provide updates on subject-specific guidelines.

Recent updates in a few states

California

In 2011, California legislators passed the FAIR (Fair, Accurate, Inclusive, and Respectful) Education Act, which requires that California public schools provide representations of the diverse ethnic and cultural population and amended to include people with disabilities and those in the LGBTQ+ community in the K-12 curriculum. Last fall, amid school boards around the state banning certain textbooks, California Governor Gavin Newsom signed legislation AB 1078 which prevents book bans in schools, prohibits censorship of instructional materials, potentially levies financial penalties against school districts that violate this guideline, and strengthens California law requiring schools to provide all students access to textbooks that teach about California’s diverse communities.

Florida

At the start of the year, HB 1557, which was passed two years previously and which focused on parental rights in education and what can and cannot be said in the classroom, was deemed “unconstitutional.”  Though much of the law is still retained, each school district will be sent instructions from the Florida Board of Education outlining that the Florida law does not prohibit teachers and students from discussing LGBTQ+ identity, prevent anti-bullying measures, or disallow student groups supporting LGBTQ+ individuals. With many other states using HB 1557 as a template for their own legislation, there may be additional states that follow suit.

In May, Florida Governor Ron DeSantis signed bill HB 1291 which states that curriculum “may not distort significant historical events, teach identity politics, violate Florida law regarding discrimination, or base coursework or instruction on specified theories regarding social, political, and economic inequities,” which has placed some restrictions on how history and social studies textbooks can discuss topics like slavery and the civil rights movement.

More recently, Kenneth R. Miller, president of the National Council for Science Education and coauthor of a popular high school biology textbook that is used in Florida schools told the Orlando Sentinel that he was asked to remove references to climate change in his textbook which aligns with other legislation Governor DeSantis has signed about refocusing energy resources. Though this situation is still developing, textbook publishers may want to keep close track of it both in Florida and in Texas, which is also focusing on how textbooks address climate change, and Virginia (more below).

New York, Massachusetts, and other states

In January, New York Governor Kathy Hochul announced her “Back to Basics” reading plan that will work to improve literacy among children. The plan will devote $10 million to train teachers in the “science of reading,” best practices for effective instruction based on decades of science-based research in how students learn to read. The plan will ensure that all school districts certify with the State Education Department (SED) that their curriculum, instructional strategies, and teacher development are grounded in the these best practices. New York is not alone in using the “science of reading” as a basis for improving literacy in their states. According to this National Council on Teacher Quality report, there are 32 states that have passed laws or implemented policies.

Texas

In May, the Texas Educational Agency (TEA) announced HB 1605 which directed TEA to develop a set of state-owned instructional materials, Texas Open Education Resources (OER) textbooks which are developed based on the state’s guidelines, but will still need to pass the State Board of Education’s review process. Once they are approved, they will be free and available for anyone to use and, because they are digital, they can be updated regularly which may become difficult competition for textbook publishers.

Virginia

Earlier this year, Governor Glenn Youngkin vetoed a bill that would have made instructional materials on climate change and environmental literacy available to local school districts. Youngkin noted that “The Standards of Learning already provides instructional material related to environmental issues.”

Publisher case studies

Though this is an obstacle for publishers, it is still possible to work with these new guidelines. One way to navigate different state requirements is to retain the core textbook content, but adapt some of the material that might not meet the standards for a specific state, as many publishers did in this New York Times article.

If the cost-benefit ratio is not optimal to change the content of a book for smaller markets, as in Oklahoma last fall, some publishers might opt to withdraw their material from review from these states, instead focusing on markets where content is allowable.

Publishers have also been challenging some of the restrictions on content, filing lawsuits to halt the passing of legislation they see as discriminatory.

KnowledgeWorks Global Ltd. is your source for PreK-12 content development. To find out how we can help you navigate the changing marketplace, including support for Diversity, Equity, and Inclusion, email us at info@kwglobal.com.