Texas Education Code (TEC) §31.022(a)

This is the statutory foundation for suitability review. State law requires the SBOE to determine whether instructional materials are suitable for the subject and grade level and whether they are free from factual error. For K–3 reading language arts programs, this statute also requires materials to comply with the phonics rule and prohibits three‑cueing.

The Suitability Rubric translates these statutory requirements into indicators you will use. When you flag prohibited content or identify excellence, you are applying these legal expectations directly.

TEC §31.022(a). STATE BOARD OF EDUCATION INSTRUCTIONAL MATERIALS REVIEW AND APPROVAL

The State Board of Education shall review instructional materials provided to the board by the agency under Section 31.023. Before approving instructional material, the board may review the material and must determine that the material is free from factual error and suitable for the subject and grade level for which the material is designed, and, if the material is intended to cover the foundational skills reading curriculum in kindergarten through third grade, does not include three-cueing, as defined by Section 28.0062(a-1). The board shall add each material approved under this section to a list of approved instructional materials and may add a material not approved under this section to a list of rejected instructional materials.