Bill Text: TX SB1481 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the instructional materials and technology allotment, open education resource instructional materials, and the State Board of Education long-range technology plan.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed) 2017-05-23 - Placed on General State Calendar [SB1481 Detail]

Download: Texas-2017-SB1481-Comm_Sub.html
  85R30857 CAE-F
 
  By: Taylor of Galveston S.B. No. 1481
 
  (Bohac)
 
  Substitute the following for S.B. No. 1481:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the instructional materials and technology allotment,
  open education resource instructional materials, and the State
  Board of Education long-range technology plan.
         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 instructional
  materials and technology allotment.
         SECTION 2.  Sections 31.002(1) and (1-a), Education Code,
  are amended to read as follows:
               (1)  "Instructional material" means content that
  conveys the essential knowledge and skills of a subject in the
  public school curriculum through a medium or a combination of media
  for conveying information to a student. The term includes a book,
  supplementary materials, a combination of a book, workbook, and
  supplementary materials, computer software, magnetic media, DVD,
  CD-ROM, computer courseware, on-line services, or an electronic
  medium, or other means of conveying information to the student or
  otherwise contributing to the learning process through electronic
  means, including open education resource [open-source]
  instructional material.
               (1-a)  "Open education resource [Open-source]
  instructional material" means teaching, learning, and research
  resources that reside in the public domain or have been released
  under an intellectual property license that allows for free use,
  reuse, modification, and sharing with others, including full
  courses, course materials, modules, textbooks, streaming videos,
  tests, software, and any other tools, materials, or techniques used
  to support access to knowledge [electronic instructional material
  that is available for downloading from the Internet at no charge to
  a student and without requiring the purchase of an unlock code,
  membership, or other access or use charge, except for a charge to
  order an optional printed copy of all or part of the instructional
  material]. The term includes state-developed open education
  resource [open-source] instructional material purchased under
  Subchapter B-1.
         SECTION 3.  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 education resource [open-source]
  instructional materials submitted by eligible institutions and
  adopted by the State Board of Education under Section 31.0241;
               (4)  open education resource [open-source]
  instructional materials made available by other public schools; and
               (5)  instructional materials developed or purchased by
  the school district or open-enrollment charter school.
         SECTION 4.  Sections 31.005 and 31.021, Education Code, are
  amended to read as follows:
         Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
  An open-enrollment charter school is entitled to the instructional
  materials and technology allotment under this chapter and is
  subject to this chapter as if the school were a school district.
         Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  FUND. (a)  The state instructional materials and technology 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 instructional materials and
  technology fund shall be used to:
               (1)  fund the instructional materials and technology
  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 education resource [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; and
               (6)  [fund the technology lending grant program
  established under Section 32.201; and
               [(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.
         (d)  Money transferred to the state instructional materials
  and technology 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.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ALLOTMENT.
         SECTION 6.  Sections 31.0211(a), (b), and (c), Education
  Code, are amended to read as follows:
         (a)  A school district is entitled to an allotment each
  biennium from the state instructional materials and technology 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 instructional materials and technology fund to fund
  the allotment. An allotment under this section shall be
  transferred from the state instructional materials and technology
  fund to the credit of the district's instructional materials and
  technology 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
  instructional materials and technology 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.
         (c)  Subject to Subsection (d), funds allotted under this
  section may be used to:
               (1)  purchase:
                     (A)  materials on the list adopted by the
  commissioner, as provided by Section 31.0231;
                     (B)  instructional materials, regardless of
  whether the instructional materials are on the list adopted under
  Section 31.024;
                     (C)  consumable instructional materials,
  including workbooks;
                     (D)  instructional materials for use in bilingual
  education classes, as provided by Section 31.029;
                     (E)  instructional materials for use in college
  preparatory courses under Section 28.014, as provided by Section
  31.031;
                     (F)  supplemental instructional materials, as
  provided by Section 31.035;
                     (G)  state-developed open education resource
  [open-source] instructional materials, as provided by Subchapter
  B-1;
                     (H)  instructional materials and technological
  equipment under any continuing contracts of the district in effect
  on September 1, 2011; and
                     (I)  technological equipment necessary to support
  the use of materials included on the list adopted by the
  commissioner under Section 31.0231 or any instructional materials
  purchased with an allotment under this section; and
               (2)  pay:
                     (A)  for training educational personnel directly
  involved in student learning in the appropriate use of
  instructional materials and for providing for access to
  technological equipment for instructional use; and
                     (B)  the salary and other expenses of an employee
  who provides technical support for the use of technological
  equipment directly involved in student learning.
         SECTION 7.  The heading to Section 31.0212, Education Code,
  is amended to read as follows:
         Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ACCOUNT.
         SECTION 8.  Sections 31.0212(a), (b), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The commissioner shall maintain an instructional
  materials and technology 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
  instructional materials and technology 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 instructional materials and
  technology account.
         (d)  Money deposited in a school district's instructional
  materials and technology 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 instructional materials and
  technology allotment.
         SECTION 9.  Section 31.0213, Education Code, is amended to
  read as follows:
         Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL
  MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
  annually certify to the commissioner that the district's
  instructional materials and technology 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
  instructional materials and technology 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 instructional materials and technology allotment
  those districts will receive.
         SECTION 11.  The heading to Section 31.0215, Education Code,
  is amended to read as follows:
         Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  [MATERIAL] ALLOTMENT PURCHASES.
         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 instructional materials and technology
  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 instructional
  materials and technology 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 31.022, Education Code, is amended by
  amending Subsection (d) and adding Subsections (g) and (h) to read
  as follows:
         (d)  At least 12 months before the beginning of the school
  year for which instructional materials for a particular subject and
  grade level will be adopted under the review and adoption cycle, the
  board shall publish notice of the review and adoption cycle for
  those instructional materials. A request for production must allow
  submission of open education resource [open-source] instructional
  materials that are available for use by the state without charge on
  the same basis as instructional materials offered for sale.
         (g)  In reviewing and adopting instructional materials, the
  board shall consider a school district's need for technology as
  well as instructional materials and in any biennium may limit the
  adoption of instructional materials to provide sufficient
  resources to purchase technology resources, including digital
  curriculum.
         (h)  The board shall include information regarding open
  education resource instructional materials during the adoption
  cycle, including any cost savings associated with the adoption of
  open education resource instructional materials.
         SECTION 14.  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
  instructional materials and technology allotment under Section
  31.0211.
         SECTION 15.  The heading to Section 31.0241, Education Code,
  is amended to read as follows:
         Sec. 31.0241.  ADOPTION OF OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIALS.
         SECTION 16.  Section 31.0241(b), Education Code, is amended
  to read as follows:
         (b)  The State Board of Education shall place open education
  resource [open-source] instructional material for a
  secondary-level course submitted for adoption by an eligible
  institution on the list adopted under Section 31.023 if:
               (1)  the instructional material is written, compiled,
  or edited primarily by faculty of the eligible institution who
  specialize in the subject area of the instructional material;
               (2)  the eligible institution identifies each
  contributing author;
               (3)  the appropriate department of the eligible
  institution certifies the instructional material for accuracy; and
               (4)  the eligible institution determines that the
  instructional material qualifies for placement on the list based on
  the extent to which the instructional material covers the essential
  knowledge and skills identified under Section 28.002 for the
  subject for which the instructional material is written and
  certifies that:
                     (A)  for instructional material for a
  senior-level course, a student who successfully completes a course
  based on the instructional material will be prepared, without
  remediation, for entry into the eligible institution's
  freshman-level course in that subject; or
                     (B)  for instructional material for a
  junior-level and senior-level course, a student who successfully
  completes the junior-level course based on the instructional
  material will be prepared for entry into the senior-level course.
         SECTION 17.  Section 31.0242, Education Code, is amended to
  read as follows:
         Sec. 31.0242.  REVIEW OF OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIAL.  Not later than the 90th day
  after the date open education resource [open-source] instructional
  material is submitted as provided by Section 31.0241, the State
  Board of Education may review the instructional material.  The
  board shall:
               (1)  post with the list adopted under Section 31.023
  comments made by the board regarding the open education resource
  [open-source] instructional material placed on the list; and
               (2)  distribute board comments to school districts.
         SECTION 18.  Section 31.026(d), Education Code, is amended
  to read as follows:
         (d)  This section does not apply to open education resource
  [open-source] instructional material.
         SECTION 19.  Section 31.0261, Education Code, is amended to
  read as follows:
         Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN EDUCATION
  RESOURCE [OPEN-SOURCE] INSTRUCTIONAL MATERIALS. The State Board of
  Education may execute a contract for the printing of open education
  resource [open-source] instructional materials placed on the list
  adopted under Section 31.023.  The contract must allow a school
  district to requisition printed copies of open education resource
  [open-source] instructional materials as provided by Section
  31.103.
         SECTION 20.  Section 31.027(c), Education Code, is amended
  to read as follows:
         (c)  This section does not apply to open education resource
  [open-source] instructional material.
         SECTION 21.  Section 31.029(a), Education Code, is amended
  to read as follows:
         (a)  A school district shall purchase with the district's
  instructional materials and technology allotment or otherwise
  acquire instructional materials for use in bilingual education
  classes.
         SECTION 22.  Section 31.031(a), Education Code, is amended
  to read as follows:
         (a)  A school district may purchase with the district's
  instructional materials and technology allotment or otherwise
  acquire instructional materials for use in college preparatory
  courses under Section 28.014.
         SECTION 23.  The heading to Subchapter B-1, Chapter 31,
  Education Code, is amended to read as follows:
  SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIALS
         SECTION 24.  Sections 31.071 and 31.072, Education Code, are
  amended to read as follows:
         Sec. 31.071.  PURCHASE AUTHORITY. (a)  The commissioner may
  purchase state-developed open education resource [open-source]
  instructional materials in accordance with this subchapter.
         (b)  The commissioner:
               (1)  shall purchase any state-developed open education
  resource [open-source] instructional materials through a
  competitive process; and
               (2)  may purchase more than one state-developed open
  education resource [open-source] instructional material for a
  subject or grade level.
         (c)  State-developed open education resource [open-source]
  instructional material must be irrevocably owned by or licensed to
  the state for use in the applicable subject or grade level. The
  state must have unlimited authority to modify, delete, combine, or
  add content to the instructional material after purchase.
         (d)  The commissioner may issue a request for proposals for
  state-developed open education resource [open-source]
  instructional material:
               (1)  in accordance with the instructional material
  review and adoption cycle under Section 31.022; or
               (2)  at any other time the commissioner determines that
  a need exists for additional instructional material options.
         (e)  The costs of administering this subchapter and
  purchasing state-developed open education resource [open-source]
  instructional materials shall be paid from the state instructional
  materials and technology fund, as determined by the commissioner.
         Sec. 31.072.  CONTENT REQUIREMENTS. (a)  State-developed
  open education resource [open-source] instructional material must:
               (1)  be evaluated by teachers or other experts, as
  determined by the commissioner, before purchase; and
               (2)  meet the requirements for inclusion on the
  instructional material list adopted under Section 31.023.
         (b)  Following a curriculum revision by the State Board of
  Education, the commissioner shall require the revision of
  state-developed open education resource [open-source]
  instructional material relating to that curriculum.  The
  commissioner may, at any time, require an additional revision of
  state-developed open education resource [open-source]
  instructional material or contract for ongoing revisions of
  state-developed open education resource [open-source]
  instructional material for a period not to exceed the period under
  Section 31.022 for which instructional material for that subject
  and grade level may be adopted.  The commissioner shall use a
  competitive process to request proposals to revise state-developed
  open education resource [open-source] instructional material under
  this subsection.
         SECTION 25.  Sections 31.073, 31.074, and 31.075, Education
  Code, are amended to read as follows:
         Sec. 31.073.  SELECTION BY SCHOOL DISTRICT.
  (c)  Notwithstanding Section 31.022, a school district or
  open-enrollment charter school may adopt state-developed open
  education resource [open-source] instructional material at any
  time, regardless of the instructional material review and adoption
  cycle under that section.
         (d)  A school district or open-enrollment charter school may
  not be charged for selection of state-developed open education
  resource [open-source] instructional material in addition to
  instructional material adopted under Subchapter B.
         Sec. 31.074.  DISTRIBUTION. (a)  The commissioner shall
  provide for the distribution of state-developed open education
  resource [open-source] instructional materials in a manner
  consistent with distribution of instructional materials adopted
  under Subchapter B.
         (b)  The commissioner may use a competitive process to
  contract for printing or other reproduction of state-developed open
  education resource [open-source] instructional material on behalf
  of a school district or open-enrollment charter school.  The
  commissioner may not require a school district or open-enrollment
  charter school to contract with a state-approved provider for the
  printing or reproduction of state-developed open education
  resource [open-source] instructional material.
         Sec. 31.075.  OWNERSHIP; LICENSING.  (a)  State-developed
  open education resource [open-source] instructional material is
  the property of the state.
         (b)  The commissioner shall provide a license to each public
  school in the state, including a school district, an
  open-enrollment charter school, and a state or local agency
  educating students in any grade from prekindergarten through high
  school, to use and reproduce state-developed open education
  resource [open-source] instructional material.
         (c)  The commissioner may provide a license to use
  state-developed open education resource [open-source]
  instructional material to an entity not listed in Subsection (b).
  In determining the cost of a license under this subsection, the
  commissioner shall seek, to the extent feasible, to recover the
  costs of developing, revising, and distributing state-developed
  open education resource [open-source] instructional materials.
         SECTION 26.  Section 31.076(b), Education Code, is amended
  to read as follows:
         (b)  A decision by the commissioner regarding the purchase,
  revision, cost, or distribution of state-developed open education
  resource [open-source] instructional material is final and may not
  be appealed.
         SECTION 27.  Section 31.077, Education Code, is amended to
  read as follows:
         Sec. 31.077.  ADOPTION SCHEDULE. The commissioner shall
  develop a schedule for the adoption of state-developed open
  education resource [open-source] instructional materials under
  this subchapter. In developing the adoption schedule under this
  section, the commissioner shall consider:
               (1)  the availability of funds;
               (2)  the existing instructional material adoption
  cycles under Subchapter B; and
               (3)  the availability of instructional materials for
  development or purchase by the state.
         SECTION 28.  Section 31.101, Education Code, is amended by
  adding Subsection (b) and amending Subsection (f) to read as
  follows:
         (b)  In selecting instructional material each year, a school
  district or open-enrollment charter school may consider the use of
  open education resource instructional materials.
         (f)  The commissioner shall maintain an online requisition
  system for school districts to requisition instructional materials
  to be purchased with the district's instructional materials and
  technology allotment.
         SECTION 29.  Section 31.103(d), Education Code, is amended
  to read as follows:
         (d)  A school district or open-enrollment charter school
  that selects open education resource [open-source] instructional
  material shall requisition a sufficient number of printed copies
  for use by students unable to access the instructional material
  electronically unless the district or school provides to each
  student:
               (1)  electronic access to the instructional material at
  no cost to the student; or
               (2)  printed copies of the portion of the instructional
  material that will be used in the course.
         SECTION 30.  Sections 31.104(b), (g), and (h), Education
  Code, are amended to read as follows:
         (b)  A school district or open-enrollment charter school may
  order replacements for instructional materials that have been lost
  or damaged directly from the publisher of the instructional
  materials or any source for a printed copy of open education
  resource [open-source] instructional material.
         (g)  At the end of the school year for which open education
  resource [open-source] instructional material that a school
  district or open-enrollment charter school does not intend to use
  for another student is distributed, the printed copy of the open
  education resource [open-source] instructional material becomes
  the property of the student to whom it is distributed.
         (h)  This section does not apply to an electronic copy of
  open education resource [open-source] instructional material.
         SECTION 31.  Sections 31.151(d) and (e), Education Code, are
  amended to read as follows:
         (d)  A penalty collected under this section shall be
  deposited to the credit of the state instructional materials and
  technology fund.
         (e)  An eligible institution, as defined by Section
  31.0241(a), that offers open education resource [open-source]
  instructional materials under Section 31.0241 is not a publisher or
  manufacturer for purposes of this section.
         SECTION 32.  Section 32.001(b), Education Code, is amended
  to read as follows:
         (b)  The State Board of Education shall update [as necessary]
  the plan developed under Subsection (a) at least every five years.
         SECTION 33.  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 instructional materials
  and technology allotment under Section 31.0211.
         SECTION 34.  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 instructional materials and technology fund established
  under Section 31.021.
         SECTION 35.  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
  instructional materials and technology allotment under Section
  31.0211, Education Code. Unless an earlier date is necessary for
  purposes of temporary transfers for payment of the instructional
  materials and technology 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 instructional materials and technology
  allotment.
         SECTION 36.  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.
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