Bill Text: TX HB3526 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to instructional materials and technology for public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective immediately [HB3526 Detail]
Download: Texas-2017-HB3526-Enrolled.html
H.B. No. 3526 |
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relating to instructional materials and technology for public | ||
schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional | ||
materials selected for use in the public schools shall be furnished | ||
without cost to the students attending those schools. Except as | ||
provided by Section 31.104(d), a school district may not charge a | ||
student for instructional material or technological equipment | ||
purchased by the district with the district's technology and | ||
instructional materials allotment. | ||
SECTION 2. Section 31.004(b), Education Code, is amended to | ||
read as follows: | ||
(b) To determine whether each student has instructional | ||
materials that cover all elements of the essential knowledge and | ||
skills as required by Subsection (a), a school district or | ||
open-enrollment charter school may consider: | ||
(1) instructional materials adopted by the State Board | ||
of Education; | ||
(2) materials adopted or purchased by the commissioner | ||
under Section 31.0231 or Subchapter B-1; | ||
(3) open-source instructional materials submitted by | ||
eligible institutions and adopted by the State Board of Education | ||
under Section 31.0241; | ||
(4) open-source instructional materials made | ||
available by other public schools; [ |
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(5) instructional materials developed or purchased by | ||
the school district or open-enrollment charter school; and | ||
(6) open educational resources and other electronic | ||
instructional materials included in the repository under Section | ||
31.083. | ||
SECTION 3. Section 31.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. | ||
An open-enrollment charter school is entitled to the technology and | ||
instructional materials allotment under this chapter and is subject | ||
to this chapter as if the school were a school district. | ||
SECTION 4. Section 31.021, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.021. STATE TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
FUND. (a) The state technology and instructional materials fund | ||
consists of: | ||
(1) an amount set aside by the State Board of Education | ||
from the available school fund, in accordance with Section | ||
43.001(d); and | ||
(2) all amounts lawfully paid into the fund from any | ||
other source. | ||
(c) Money in the state technology and instructional | ||
materials fund shall be used to: | ||
(1) fund the technology and instructional materials | ||
allotment, as provided by Section 31.0211; | ||
(2) purchase special instructional materials for the | ||
education of blind and visually impaired students in public | ||
schools; | ||
(3) pay the expenses associated with the instructional | ||
materials adoption and review process under this chapter; | ||
(4) pay the expenses associated with the purchase or | ||
licensing of open-source instructional material; | ||
(5) pay the expenses associated with the purchase of | ||
instructional material, including intrastate freight and shipping | ||
and the insurance expenses associated with intrastate freight and | ||
shipping; | ||
(6) fund the technology lending grant program | ||
established under Section 32.301 [ |
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(7) provide funding to the Texas School for the Blind | ||
and Visually Impaired, the Texas School for the Deaf, and the Texas | ||
Juvenile Justice Department; and | ||
(8) pay the expenses associated with the instructional | ||
materials web portal developed under Section 31.081. | ||
(d) Money transferred to the state technology and | ||
instructional materials fund remains in the fund until spent and | ||
does not lapse to the state at the end of the fiscal year. | ||
SECTION 5. The heading to Section 31.0211, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0211. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
ALLOTMENT. | ||
SECTION 6. Sections 31.0211(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) A school district is entitled to an allotment each | ||
biennium from the state technology and instructional materials fund | ||
for each student enrolled in the district on a date during the last | ||
year of the preceding biennium specified by the commissioner. The | ||
commissioner shall determine the amount of the allotment per | ||
student each biennium on the basis of the amount of money available | ||
in the state technology and instructional materials fund to fund | ||
the allotment. An allotment under this section shall be | ||
transferred from the state technology and instructional materials | ||
fund to the credit of the district's technology and instructional | ||
materials account as provided by Section 31.0212. | ||
(b) A juvenile justice alternative education program under | ||
Section 37.011 is entitled to an allotment from the state | ||
technology and instructional materials fund in an amount determined | ||
by the commissioner. The program shall use the allotment to | ||
purchase items listed in Subsection (c) for students enrolled in | ||
the program. The commissioner's determination under this | ||
subsection is final and may not be appealed. | ||
SECTION 7. The heading to Section 31.0212, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0212. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
ACCOUNT. | ||
SECTION 8. Sections 31.0212(a), (b), (d), and (e), | ||
Education Code, are amended to read as follows: | ||
(a) The commissioner shall maintain a technology and [ |
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instructional materials account for each school district. In the | ||
first year of each biennium, the commissioner shall deposit in the | ||
account for each district the amount of the district's technology | ||
and instructional materials allotment under Section 31.0211. | ||
(b) The commissioner shall pay the cost of instructional | ||
materials requisitioned by a school district under Section 31.103 | ||
using funds from the district's technology and instructional | ||
materials account. | ||
(d) Money deposited in a school district's technology and | ||
instructional materials account during each state fiscal biennium | ||
remains in the account and available for use by the district for the | ||
entire biennium. At the end of each biennium, a district with | ||
unused money in the district's account may carry forward any | ||
remaining balance to the next biennium. | ||
(e) The commissioner shall adopt rules as necessary to | ||
implement this section. The rules must include a requirement that | ||
a school district provide the title and publication information for | ||
any instructional materials requisitioned or purchased by the | ||
district with the district's technology and instructional | ||
materials allotment. | ||
SECTION 9. Section 31.0213, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0213. CERTIFICATION OF USE OF TECHNOLOGY AND | ||
INSTRUCTIONAL MATERIALS ALLOTMENT. Each school district shall | ||
annually certify to the commissioner that the district's technology | ||
and instructional materials allotment has been used only for | ||
expenses allowed by Section 31.0211. | ||
SECTION 10. Section 31.0214(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each year the commissioner shall adjust the technology | ||
and instructional materials allotment of school districts | ||
experiencing high enrollment growth. The commissioner shall | ||
establish a procedure for determining high enrollment growth | ||
districts eligible to receive an adjustment under this section and | ||
the amount of the technology and instructional materials allotment | ||
those districts will receive. | ||
SECTION 11. The heading to Section 31.0215, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0215. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
[ |
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SECTION 12. Sections 31.0215(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) The commissioner may allow a school district or | ||
open-enrollment charter school to place an order for instructional | ||
materials before the beginning of a fiscal biennium and to receive | ||
instructional materials before payment. The commissioner shall | ||
limit the cost of an order placed under this section to 80 percent | ||
of the estimated amount to which a school district or | ||
open-enrollment charter school is estimated to be entitled as | ||
provided by Subsection (a) and shall first credit any balance in a | ||
district or charter school technology and instructional materials | ||
account to pay for an order placed under this section. | ||
(c) The commissioner shall make payments for orders placed | ||
under this section as funds become available to the technology and | ||
instructional materials fund and shall prioritize payment of orders | ||
placed under this section over reimbursement of purchases made | ||
directly by a school district or open-enrollment charter school. | ||
SECTION 13. Section 31.0231(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district may select material on the list | ||
adopted under Subsection (a) to be funded by the district's | ||
technology and instructional materials allotment under Section | ||
31.0211. | ||
SECTION 14. Section 31.029(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district shall purchase with the district's | ||
technology and instructional materials allotment or otherwise | ||
acquire instructional materials for use in bilingual education | ||
classes. | ||
SECTION 15. Section 31.031(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district may purchase with the district's | ||
technology and instructional materials allotment or otherwise | ||
acquire instructional materials for use in college preparatory | ||
courses under Section 28.014. | ||
SECTION 16. Section 31.071(e), Education Code, is amended | ||
to read as follows: | ||
(e) The costs of administering this subchapter and | ||
purchasing state-developed open-source instructional materials | ||
shall be paid from the state technology and instructional materials | ||
fund, as determined by the commissioner. | ||
SECTION 17. Chapter 31, Education Code, is amended by | ||
adding Subchapter B-2 to read as follows: | ||
SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL | ||
Sec. 31.081. INSTRUCTIONAL MATERIALS WEB PORTAL. (a) The | ||
commissioner shall develop and maintain a web portal to assist | ||
school districts and open-enrollment charter schools in selecting | ||
instructional materials under Section 31.101. | ||
(b) The web portal must include general information such as | ||
price, computer system requirements, and any other relevant | ||
specifications for each instructional material: | ||
(1) on the instructional materials list, including the | ||
list adopted under Section 31.0231; or | ||
(2) submitted by a publisher for inclusion in the web | ||
portal. | ||
(c) The commissioner by rule shall establish the procedure | ||
by which a publisher may submit instructional materials for | ||
inclusion in the web portal. | ||
(d) The commissioner shall use a competitive process to | ||
contract for the development of the web portal. | ||
(e) The commissioner shall use money in the state technology | ||
and instructional materials fund to pay any expenses associated | ||
with the web portal. | ||
Sec. 31.082. QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED | ||
BY PUBLISHER. (a) The commissioner shall contract with a private | ||
entity to conduct an independent analysis of each instructional | ||
material submitted by a publisher for inclusion in the web portal | ||
developed under Section 31.081. The analysis must: | ||
(1) evaluate the quality of the material; and | ||
(2) determine the extent to which the material covers | ||
the essential knowledge and skills identified under Section 28.002 | ||
for the subject and grade level for which the material is intended | ||
to be used, including an identification of: | ||
(A) each of the essential knowledge and skills | ||
for the subject and grade level or levels covered by the material; | ||
and | ||
(B) the percentage of the essential knowledge and | ||
skills for the subject and grade level or levels covered by the | ||
material. | ||
(b) The commissioner shall include in the web portal | ||
developed under Section 31.081 the results of each analysis | ||
conducted under Subsection (a). | ||
Sec. 31.083. INSTRUCTIONAL MATERIALS REPOSITORY. (a) In | ||
this section, "open educational resource" means a teaching, | ||
learning, or research resource that is in the public domain or has | ||
been released under an intellectual property license that permits | ||
the free use and repurposing of the resource by any person. The | ||
term may include full course curricula, course materials, modules, | ||
textbooks, streaming videos, tests, software, and any other tools, | ||
materials, or techniques used to support access to knowledge. | ||
(b) The commissioner shall include in the web portal | ||
developed under Section 31.081 a repository of open educational | ||
resources and other electronic instructional materials that school | ||
districts and open-enrollment charter schools may access at no | ||
cost, including state-developed open-source instructional | ||
materials purchased under Subchapter B-1. | ||
(c) A publisher may submit instructional materials for | ||
inclusion in the repository. | ||
Sec. 31.084. RULES. The commissioner may adopt rules as | ||
necessary to implement this subchapter. | ||
SECTION 18. Section 31.101(f), Education Code, is amended | ||
to read as follows: | ||
(f) The commissioner shall maintain an online requisition | ||
system for school districts to requisition instructional materials | ||
to be purchased with the district's technology and instructional | ||
materials allotment. | ||
SECTION 19. Section 31.151(d), Education Code, is amended | ||
to read as follows: | ||
(d) A penalty collected under this section shall be | ||
deposited to the credit of the state technology and instructional | ||
materials fund. | ||
SECTION 20. Chapter 32, Education Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. TECHNOLOGY LENDING PROGRAM GRANTS | ||
Sec. 32.301. ESTABLISHMENT OF PROGRAM. (a) The | ||
commissioner may establish a grant program under which grants are | ||
awarded to school districts and open-enrollment charter schools to | ||
implement a technology lending program to provide students access | ||
to equipment necessary to access and use electronic instructional | ||
materials. | ||
(b) A school district or an open-enrollment charter school | ||
may apply to the commissioner to participate in the grant program. | ||
In awarding grants under this subchapter for each school year, the | ||
commissioner shall consider: | ||
(1) the availability of existing equipment to students | ||
in the district or school; | ||
(2) other funding available to the district or school; | ||
and | ||
(3) the district's or school's technology plan. | ||
(c) The commissioner may determine the terms of a grant | ||
awarded under this section, including limits on the grant amount | ||
and approved uses of grant funds. | ||
(d) The commissioner may recover funds not used in | ||
accordance with the terms of a grant by withholding amounts from any | ||
state funds otherwise due to the school district or open-enrollment | ||
charter school. | ||
Sec. 32.302. FUNDING. (a) The commissioner may use not | ||
more than $25 million from the state technology and instructional | ||
materials fund under Section 31.021 each state fiscal biennium or a | ||
different amount determined by appropriation to administer a grant | ||
program established under this subchapter. | ||
(b) The cost of administering a grant program under this | ||
subchapter must be paid from funds described by Subsection (a). | ||
Sec. 32.303. USE OF GRANT FUNDS. (a) A school district or | ||
open-enrollment charter school may use a grant awarded under | ||
Section 32.301 or other local funds to purchase, maintain, and | ||
insure equipment for a technology lending program. | ||
(b) Equipment purchased by a school district or | ||
open-enrollment charter school with a grant awarded under Section | ||
32.301 is the property of the district or school. | ||
Sec. 32.304. REVIEW OF PROGRAM. Not later than January 1, | ||
2019, the commissioner shall review the grant program established | ||
under this subchapter and submit a report to the governor, the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and the presiding officers of the standing committees in the senate | ||
and house primarily responsible for public education. This section | ||
expires September 1, 2019. | ||
SECTION 21. Section 41.124(c), Education Code, is amended | ||
to read as follows: | ||
(c) A school district that receives tuition for a student | ||
from a school district with a wealth per student that exceeds the | ||
equalized wealth level may not claim attendance for that student | ||
for purposes of Chapters 42 and 46 and the technology and | ||
instructional materials allotment under Section 31.0211. | ||
SECTION 22. Section 43.001(d), Education Code, is amended | ||
to read as follows: | ||
(d) Each biennium the State Board of Education shall set | ||
aside an amount equal to 50 percent of the distribution for that | ||
biennium from the permanent school fund to the available school | ||
fund as provided by Section 5(a), Article VII, Texas Constitution, | ||
to be placed, subject to the General Appropriations Act, in the | ||
state technology and instructional materials fund established | ||
under Section 31.021. | ||
SECTION 23. Section 403.093(d), Government Code, is amended | ||
to read as follows: | ||
(d) The comptroller shall transfer from the general revenue | ||
fund to the foundation school fund an amount of money necessary to | ||
fund the foundation school program as provided by Chapter 42, | ||
Education Code. The comptroller shall make the transfers in | ||
installments as necessary to comply with Section 42.259, Education | ||
Code, and permit the Texas Education Agency, to the extent | ||
authorized by the General Appropriations Act, to make temporary | ||
transfers from the foundation school fund for payment of the | ||
technology and instructional materials allotment under Section | ||
31.0211, Education Code. Unless an earlier date is necessary for | ||
purposes of temporary transfers for payment of the technology and | ||
instructional materials allotment, an installment must be made not | ||
earlier than two days before the date an installment to school | ||
districts is required by Section 42.259, Education Code, and must | ||
not exceed the amount necessary for that payment and any temporary | ||
transfers for payment of the technology and instructional materials | ||
allotment. | ||
SECTION 24. Not later than September 1, 2018, the | ||
commissioner of education shall develop the web portal required | ||
under Subchapter B-2, Chapter 31, Education Code, as added by this | ||
Act. | ||
SECTION 25. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3526 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3526 on May 26, 2017, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3526 on May 28, 2017, by the following vote: Yeas 147, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3526 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3526 on May 28, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |