Bill Text: TX SB6 | 2011 | 82nd Legislature 1st Special | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the foundation curriculum, the establishment of the instructional materials allotment, and the adoption, review, and purchase of instructional materials and technological equipment for public schools; providing penalties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-07-19 - See remarks for effective date [SB6 Detail]
Download: Texas-2011-SB6-Introduced.html
Bill Title: Relating to the foundation curriculum, the establishment of the instructional materials allotment, and the adoption, review, and purchase of instructional materials and technological equipment for public schools; providing penalties.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-07-19 - See remarks for effective date [SB6 Detail]
Download: Texas-2011-SB6-Introduced.html
82S10019 CAE-D | ||
By: Shapiro | S.B. No. 6 |
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relating to the foundation curriculum, the establishment of the | ||
instructional materials allotment, and the adoption, review, and | ||
purchase of instructional materials and technological equipment | ||
for public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 5, Education Code, is amended by adding | ||
Section 5.002 to read as follows: | ||
Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a | ||
reference to a textbook means instructional material, as defined by | ||
Section 31.002. | ||
SECTION 2. Section 7.055(b)(28), Education Code, is amended | ||
to read as follows: | ||
(28) The commissioner shall perform duties relating to | ||
the funding, adoption, and purchase of instructional materials | ||
[ |
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SECTION 3. Section 7.056(f), Education Code, is amended to | ||
read as follows: | ||
(f) A school district or campus that is required to develop | ||
and implement a student achievement improvement plan under Section | ||
39.102 or 39.103 may receive an exemption or waiver under this | ||
section from any law or rule other than: | ||
(1) a prohibition on conduct that constitutes a | ||
criminal offense; | ||
(2) a requirement imposed by federal law or rule; | ||
(3) a requirement, restriction, or prohibition | ||
imposed by state law or rule relating to: | ||
(A) public school accountability as provided by | ||
Subchapters B, C, D, E, and J, Chapter 39; or | ||
(B) educator rights and benefits under | ||
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter | ||
A, Chapter 22; or | ||
(4) [ |
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under Chapter 31. | ||
SECTION 4. Section 7.102(c)(23), Education Code, is amended | ||
to read as follows: | ||
(23) The board shall adopt and purchase or license | ||
instructional materials [ |
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adopt rules required by that chapter. | ||
SECTION 5. Sections 7.108(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A person interested in selling bonds of any type or a | ||
person engaged in manufacturing, shipping, selling, or advertising | ||
instructional materials [ |
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authorizes a political contribution to or takes part in, directly | ||
or indirectly, the campaign of any person seeking election to or | ||
serving on the board. | ||
(c) In this section: | ||
(1) "Instructional material" has the meaning assigned | ||
by Section 31.002. | ||
(2) "Political contribution" has the meaning assigned | ||
by Section 251.001, Election Code. | ||
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SECTION 6. The heading to Section 7.112, Education Code, is | ||
amended to read as follows: | ||
Sec. 7.112. REPRESENTATION OF [ |
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INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD. | ||
SECTION 7. Section 7.112(a), Education Code, is amended to | ||
read as follows: | ||
(a) A former member of the State Board of Education who is | ||
employed by or otherwise receives compensation from a [ |
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publisher of instructional materials may not, before the second | ||
anniversary of the date on which the person last served as a member | ||
of the State Board of Education: | ||
(1) confer with a member of the board of trustees of a | ||
school district concerning instructional materials [ |
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published by that [ |
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(2) appear at a meeting of the board of trustees on | ||
behalf of the [ |
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SECTION 8. Section 7.112(c)(2), Education Code, is amended | ||
to read as follows: | ||
(2) "Instructional material" and "publisher" | ||
[ |
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31.002. | ||
SECTION 9. Section 11.158(b), Education Code, is amended to | ||
read as follows: | ||
(b) The board may not charge fees for: | ||
(1) instructional materials [ |
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laboratory supplies, or other supplies necessary for participation | ||
in any instructional course except as authorized under this code; | ||
(2) field trips required as a part of a basic education | ||
program or course; | ||
(3) any specific form of dress necessary for any | ||
required educational program or diplomas; | ||
(4) the payment of instructional costs for necessary | ||
school personnel employed in any course or educational program | ||
required for graduation; | ||
(5) library materials [ |
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any educational course or program, other than fines for lost, | ||
damaged, or overdue materials [ |
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(6) admission to any activity the student is required | ||
to attend as a prerequisite to graduation; | ||
(7) admission to or examination in any required | ||
educational course or program; or | ||
(8) lockers. | ||
SECTION 10. Section 11.164(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of each school district shall | ||
limit redundant requests for information and the number and length | ||
of written reports that a classroom teacher is required to prepare. | ||
A classroom teacher may not be required to prepare any written | ||
information other than: | ||
(1) any report concerning the health, safety, or | ||
welfare of a student; | ||
(2) a report of a student's grade on an assignment or | ||
examination; | ||
(3) a report of a student's academic progress in a | ||
class or course; | ||
(4) a report of a student's grades at the end of each | ||
grade reporting period; | ||
(5) a [ |
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(6) a unit or weekly lesson plan that outlines, in a | ||
brief and general manner, the information to be presented during | ||
each period at the secondary level or in each subject or topic at | ||
the elementary level; | ||
(7) an attendance report; | ||
(8) any report required for accreditation review; | ||
(9) any information required by a school district that | ||
relates to a complaint, grievance, or actual or potential | ||
litigation and that requires the classroom teacher's involvement; | ||
or | ||
(10) any information specifically required by law, | ||
rule, or regulation. | ||
SECTION 11. Section 19.007(e), Education Code, is amended | ||
to read as follows: | ||
(e) The district may participate in the instructional | ||
materials [ |
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SECTION 12. Sections 26.006(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A parent is entitled to: | ||
(1) review all teaching materials, instructional | ||
materials [ |
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classroom of the parent's child; and | ||
(2) review each test administered to the parent's | ||
child after the test is administered. | ||
(c) A student's parent is entitled to request that the | ||
school district or open-enrollment charter school the student | ||
attends allow the student to take home any instructional materials | ||
[ |
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instructional materials [ |
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honor the request. A student who takes home instructional | ||
materials [ |
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[ |
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requested to do so by the student's teacher. In this subsection, | ||
"instructional material" [ |
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Section 31.002. | ||
SECTION 13. Sections 28.002(a), (c), (h), and (n), | ||
Education Code, are amended to read as follows: | ||
(a) Each school district that offers kindergarten through | ||
grade 12 shall offer, as a required curriculum: | ||
(1) a foundation curriculum that includes: | ||
(A) English language arts; | ||
(B) mathematics; | ||
(C) science; and | ||
(D) social studies, consisting of Texas, United | ||
States, and world history, government, economics, with emphasis on | ||
the free enterprise system and its benefits, and geography; and | ||
(2) an enrichment curriculum that includes: | ||
(A) to the extent possible, languages other than | ||
English; | ||
(B) health, with emphasis on the importance of | ||
proper nutrition and exercise; | ||
(C) physical education; | ||
(D) fine arts; | ||
(E) [ |
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[ |
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(F) [ |
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(G) [ |
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Hebrew Scriptures (Old Testament) and New Testament, and its impact | ||
on history and literature. | ||
(c) The State Board of Education, with the direct | ||
participation of educators, parents, business and industry | ||
representatives, and employers shall by rule identify the essential | ||
knowledge and skills of each subject of the required curriculum | ||
that all students should be able to demonstrate and that will be | ||
used in evaluating instructional materials [ |
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Chapter 31 and addressed on the assessment instruments required | ||
under Subchapter B, Chapter 39. As a condition of accreditation, | ||
the board shall require each district to provide instruction in the | ||
essential knowledge and skills at appropriate grade levels. | ||
(h) The State Board of Education and each school district | ||
shall foster the continuation of the tradition of teaching United | ||
States and Texas history and the free enterprise system in regular | ||
subject matter and in reading courses and in the adoption of | ||
instructional materials [ |
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public school curriculum is to prepare thoughtful, active citizens | ||
who understand the importance of patriotism and can function | ||
productively in a free enterprise society with appreciation for the | ||
basic democratic values of our state and national heritage. | ||
(n) The State Board of Education may by rule develop and | ||
implement a plan designed to incorporate foundation curriculum | ||
requirements into the career and technology education curriculum | ||
under Subsection (a)(2)(E) [ |
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SECTION 14. Sections 28.0022(a) and (d), Education Code, | ||
are amended to read as follows: | ||
(a) Not later than November 1, 2007, the agency shall | ||
establish a panel under this section to: | ||
(1) review and recommend revisions to the career and | ||
technical education curriculum under Section 28.002(a)(2)(E) | ||
[ |
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(2) review and recommend revisions for the program in | ||
which high schools and articulated postsecondary institutions | ||
allow high school students to take advanced technical credit | ||
courses. | ||
(d) Not later than November 1, 2008, the panel shall: | ||
(1) complete the review as required by this section | ||
of: | ||
(A) the career and technical education | ||
curriculum; and | ||
(B) the program under which high schools and | ||
articulated postsecondary institutions allow high school students | ||
to take advanced technical credit courses; and | ||
(2) make recommendations to the State Board of | ||
Education as necessary to: | ||
(A) increase the academic rigor of the career and | ||
technical education curriculum under Section 28.002(a)(2)(E) | ||
[ |
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(B) improve and increase participation in the | ||
program under which high schools and articulated postsecondary | ||
institutions allow high school students to take advanced technical | ||
credit courses. | ||
SECTION 15. Section 28.003(b), Education Code, is amended | ||
to read as follows: | ||
(b) In this section, "educational program" means a course or | ||
series of courses in the required curriculum under Section 28.002, | ||
other than a fine arts course under Section 28.002(a)(2)(D) or a | ||
career and technology course under Section 28.002(a)(2)(E) | ||
[ |
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SECTION 16. Section 28.011(c), Education Code, is amended | ||
to read as follows: | ||
(c) A student may not be required to use a specific | ||
translation as the sole text of the Hebrew Scriptures or New | ||
Testament and may use as the basic instructional material | ||
[ |
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Testament from that chosen by the board of trustees of the student's | ||
school district or the student's teacher. | ||
SECTION 17. The heading to Chapter 31, Education Code, is | ||
amended to read as follows: | ||
CHAPTER 31. INSTRUCTIONAL MATERIALS [ |
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SECTION 18. Section 31.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [ |
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Instructional materials [ |
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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 allotment. | ||
SECTION 19. Sections 31.002(1), (1-a), (2), and (4), | ||
Education Code, are amended to read as follows: | ||
(1) "Instructional material" [ |
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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, | ||
[ |
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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 [ |
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(1-a) "Open-source instructional material" | ||
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[ |
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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 [ |
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state-developed open-source instructional material [ |
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purchased under Subchapter B-1. | ||
(2) "Publisher" includes an on-line service or a | ||
developer or distributor of [ |
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materials [ |
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(4) "Technological equipment" means hardware, a | ||
device, or equipment necessary for: | ||
(A) instructional use in the classroom, | ||
including to gain access to or enhance the use of [ |
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instructional materials [ |
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(B) professional use by a classroom teacher. | ||
SECTION 20. Subchapter A, Chapter 31, Education Code, is | ||
amended by amending Sections 31.003 and 31.004 and adding Section | ||
31.005 to read as follows: | ||
Sec. 31.003. RULES. The State Board of Education may adopt | ||
rules, consistent with this chapter, for the adoption, requisition, | ||
distribution, care, use, and disposal of instructional materials | ||
[ |
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Sec. 31.004. CERTIFICATION OF PROVISION OF [ |
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school district and open-enrollment charter school shall annually | ||
certify to the State Board of Education and the commissioner that, | ||
for each subject in the required curriculum under Section 28.002, | ||
other than physical education, and each grade level, the district | ||
provides each student with [ |
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instructional materials that cover all elements of the essential | ||
knowledge and skills adopted by the State Board of Education for | ||
that subject and grade level. | ||
(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; and | ||
(5) instructional materials developed or purchased by | ||
the school district or open-enrollment charter school. | ||
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. | ||
An open-enrollment charter school is entitled to the instructional | ||
materials allotment under this chapter and is subject to this | ||
chapter as if the school were a school district. | ||
SECTION 21. The heading to Section 31.021, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [ |
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FUND. | ||
SECTION 22. Section 31.021, Education Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (c) to read | ||
as follows: | ||
(a) The state instructional materials [ |
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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) [ |
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[ |
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other source. | ||
(c) Money in the state instructional materials fund shall be | ||
used to: | ||
(1) fund the 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, to the extent | ||
authorized by the General Appropriations Act; and | ||
(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. | ||
(d) Money transferred to the state instructional materials | ||
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to the state at the end of the fiscal year. | ||
SECTION 23. Subchapter B, Chapter 31, Education Code, is | ||
amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214 | ||
to read as follows: | ||
Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) A | ||
school district is entitled to an annual allotment from the state | ||
instructional materials fund for each student enrolled in the | ||
district on a date during the preceding school year specified by the | ||
commissioner. The commissioner shall determine the amount of the | ||
allotment per student each year on the basis of the amount of money | ||
available in the state instructional materials fund to fund the | ||
allotment. An allotment under this section shall be transferred | ||
from the state instructional materials fund to the credit of the | ||
district's 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 | ||
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. | ||
(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) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(F) state-developed open-source instructional | ||
materials, as provided by Subchapter B-1; | ||
(G) instructional materials and technological | ||
equipment under any continuing contracts of the district in effect | ||
on September 1, 2011; and | ||
(H) 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. | ||
(d) Each year a school district shall use the district's | ||
allotment under this section to purchase, in the following order: | ||
(1) instructional materials necessary to permit the | ||
district to certify that the district has instructional materials | ||
that cover all elements of the essential knowledge and skills of the | ||
required curriculum, other than physical education, for each grade | ||
level as required by Section 28.002; and | ||
(2) any other instructional materials or | ||
technological equipment as determined by the district. | ||
(d-1) Notwithstanding Subsection (d), for the state fiscal | ||
biennium beginning September 1, 2011, a school district shall use | ||
an allotment received under this section to purchase instructional | ||
materials that will assist the district in satisfying performance | ||
standards under Section 39.0241, as added by Chapter 895 (H.B. 3), | ||
Acts of the 81st Legislature, Regular Session, 2009, on assessment | ||
instruments adopted under Sections 39.023(a) and (c). | ||
(d-2) Subsection (d-1) and this subsection expire August | ||
31, 2013. | ||
(e) Not later than May 31 of each school year, a school | ||
district may request that the commissioner adjust the number of | ||
students for which the district is entitled to receive an allotment | ||
under Subsection (a) on the grounds that the number of students | ||
attending school in the district will increase or decrease during | ||
the school year for which the allotment is provided. The | ||
commissioner may also adjust the number of students for which a | ||
district is entitled to receive an allotment, without a request by | ||
the district, if the commissioner determines a different number of | ||
students is a more accurate reflection of students who will be | ||
attending school in the district. The commissioner's determination | ||
under this subsection is final. | ||
(f) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
Sec. 31.0212. INSTRUCTIONAL MATERIALS ACCOUNT. (a) The | ||
commissioner shall maintain an instructional materials account for | ||
each school district. Each school year, the commissioner shall | ||
deposit in the account for each district the amount of the | ||
district's 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 instructional materials account. | ||
(c) A school district may also use funds in the district's | ||
account to purchase electronic instructional materials or | ||
technological equipment. The district shall submit to the | ||
commissioner a request for funds for this purpose from the | ||
district's account. The commissioner shall adopt rules regarding | ||
the documentation a school district must submit to receive funds | ||
under this subsection. | ||
(d) Money deposited in a school district's 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 instructional materials allotment. | ||
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL | ||
MATERIALS ALLOTMENT. Each school district shall annually certify | ||
to the commissioner that the district's instructional materials | ||
allotment has been used only for expenses allowed by Section | ||
31.0211. | ||
Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH | ||
DISTRICTS. (a) Each year the commissioner shall adjust the | ||
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 instructional materials allotment those districts will | ||
receive. | ||
(b) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 24. Section 31.022, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.022. INSTRUCTIONAL MATERIALS [ |
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ADOPTION. (a) The State Board of Education shall adopt a review | ||
and adoption cycle for instructional materials [ |
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elementary grade levels, including prekindergarten, and secondary | ||
grade levels, for each subject in the required curriculum under | ||
Section 28.002. In adopting the cycle, the board: | ||
(1) is not required to review and adopt instructional | ||
materials for all grade levels in a single year; and | ||
(2) shall give priority to instructional materials in | ||
the following subjects: | ||
(A) foundation curriculum subjects for which the | ||
essential knowledge and skills have been substantially revised and | ||
for which assessment instruments are required under Subchapter B, | ||
Chapter 39, including career and technology courses that satisfy | ||
foundation curriculum requirements as provided by Section | ||
28.002(n); | ||
(B) foundation curriculum subjects for which the | ||
essential knowledge and skills have been substantially revised, | ||
including career and technology courses that satisfy foundation | ||
curriculum requirements as provided by Section 28.002(n); | ||
(C) foundation curriculum subjects not described | ||
by Paragraph (A) or (B), including career and technology courses | ||
that satisfy foundation curriculum requirements as provided by | ||
Section 28.002(n); and | ||
(D) enrichment curriculum subjects. | ||
(b) The board shall organize the cycle for subjects in the | ||
foundation curriculum so that not more than one-fourth [ |
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of the instructional materials [ |
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foundation curriculum are reviewed each biennium [ |
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shall adopt rules to provide for a full and complete investigation | ||
of instructional materials [ |
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foundation curriculum [ |
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adoption of instructional materials [ |
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the foundation curriculum may be extended beyond the eight-year | ||
[ |
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[ |
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(b-1) For purposes of the cycle described by Subsection (b), | ||
the State Board of Education is considered to have adopted | ||
instructional materials for English language arts, English as a | ||
second language, and prekindergarten, as included in Proclamation | ||
2011, for the biennium beginning September 1, 2011. This | ||
subsection expires September 1, 2013. | ||
(c) The board shall adopt rules to provide for a full and | ||
complete investigation of instructional materials [ |
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each subject in the enrichment curriculum on a cycle the board | ||
considers appropriate. | ||
(d) At least 12 [ |
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school year for which instructional materials [ |
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particular subject and grade level will be adopted [ |
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under the review and adoption cycle [ |
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board shall publish notice of the review and adoption cycle for | ||
those instructional materials [ |
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production must allow submission of open-source instructional | ||
materials that are available for use by the state without charge on | ||
the same basis as instructional materials offered for sale. | ||
(d-1) A notice published under Subsection (d) must state | ||
that a publisher of adopted instructional materials for a grade | ||
level other than prekindergarten must submit an electronic sample | ||
of the instructional materials as required by Sections 31.027(a) | ||
and (b) and may not submit a print sample copy. | ||
(e) The board shall designate a request for production of | ||
instructional materials [ |
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level by the school year in which the instructional materials | ||
[ |
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by the school year in which the board makes the request for | ||
production. | ||
(f) The board shall amend any request for production issued | ||
for the purchase of instructional materials [ |
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to the instructional materials [ |
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by the General Appropriations Act for the year of implementation. | ||
SECTION 25. Section 31.0221, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0221. MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL | ||
MATERIALS [ |
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adopt rules for the midcycle review and adoption of instructional | ||
material [ |
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materials [ |
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under Section 31.022. The rules must require: | ||
(1) the publisher of the instructional material | ||
[ |
||
midcycle review and adoption of the instructional material | ||
[ |
||
(2) the publisher of the instructional material | ||
[ |
||
instructional material [ |
||
time as any contract entered into by the board for other | ||
instructional materials [ |
||
grade level; and | ||
(3) a commitment from the publisher to provide the | ||
instructional material [ |
||
specified by the publisher, which may include: | ||
(A) providing the instructional material | ||
[ |
||
area identified by the publisher; or | ||
(B) providing a certain maximum number of | ||
instructional materials [ |
||
(b) Sections 31.023 and 31.024 apply to instructional | ||
material [ |
||
does not apply to instructional material [ |
||
this section. | ||
SECTION 26. Section 31.023, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.023. INSTRUCTIONAL MATERIAL LIST [ |
||
(a) For each subject and grade level, the State Board of Education | ||
shall adopt a list [ |
||
[ |
||
material [ |
||
meets applicable physical specifications adopted by the State Board | ||
of Education and contains material covering at least half of the | ||
elements [ |
||
the subject and grade level in the student version of the | ||
instructional material [ |
||
version of the instructional material [ |
||
the State Board of Education under Section 28.002 and adopted under | ||
Section 31.024[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
|
||
[ |
||
(a-1) The State Board of Education shall determine the | ||
percentage of the elements of the essential knowledge and skills of | ||
the subject and grade level covered by each instructional material | ||
submitted. The board's determination under this subsection is | ||
final. | ||
(b) Each instructional material [ |
||
|
||
SECTION 27. Section 31.0231, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0231. COMMISSIONER'S [ |
||
|
||
list of: | ||
(1) electronic instructional material [ |
||
and | ||
(2) science [ |
||
information to the student or otherwise contributes to the learning | ||
process, including tools, models, and investigative materials | ||
designed for use as part of the foundation curriculum for science in | ||
kindergarten through grade five. | ||
(b) A school district may select [ |
||
|
||
be funded by the district's instructional materials allotment | ||
[ |
||
(c) Before the commissioner places [ |
||
|
||
(a), the State Board of Education must be given an opportunity to | ||
comment on the [ |
||
the commissioner places material on the list adopted under | ||
Subsection (a), the State Board of Education may, not later than the | ||
90th day after the date the material is placed on the list, require | ||
the commissioner to remove the material from the list. Material [ |
||
|
||
adopted under Subsection (a): | ||
(1) must be reviewed and recommended to the | ||
commissioner by a panel of recognized experts in the subject area of | ||
the [ |
||
education technology; | ||
(2) must satisfy criteria adopted for the purpose by | ||
commissioner rule; and | ||
(3) must meet the National Instructional Materials | ||
Accessibility Standard, to the extent practicable as determined by | ||
the commissioner. | ||
(d) The criteria adopted under Subsection (c)(2) must: | ||
(1) include evidence of alignment with current | ||
research in the subject for which the [ |
||
|
||
(2) include coverage of the essential knowledge and | ||
skills identified under Section 28.002 for the subject for which | ||
the [ |
||
be used and identify: | ||
(A) each of the essential knowledge and skills | ||
for the subject and grade level or levels covered by the [ |
||
|
||
(B) the percentage of the essential knowledge and | ||
skills for the subject and grade level or levels covered by the | ||
[ |
||
(3) include appropriate training for teachers. | ||
(e) The commissioner shall update, as necessary, the list | ||
adopted under Subsection (a). Before the commissioner places [ |
||
|
||
the requirements of Subsection (c) must be met. [ |
||
|
||
|
||
|
||
|
||
|
||
(f) After notice to the commissioner explaining in detail | ||
the changes, the provider of [ |
||
|
||
may update the navigational features or management system related | ||
to the [ |
||
(g) After notice to the commissioner and a review by the | ||
commissioner, the provider of [ |
||
|
||
may update the content of the [ |
||
|
||
knowledge or information. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. The rules must: | ||
(1) be consistent with Section 31.151 regarding the | ||
duties of publishers and manufacturers, as appropriate, and the | ||
imposition of a reasonable administrative penalty; and | ||
(2) require public notice of an opportunity for the | ||
submission of [ |
||
SECTION 28. Section 31.024, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By | ||
majority vote, the State Board of Education shall: | ||
(1) place each submitted instructional material on the | ||
[ |
||
Section 31.023; or | ||
(2) reject instructional material [ |
||
submitted for placement on that [ |
||
list. | ||
(b) Not later than December 1 of the year preceding the | ||
school year for which the instructional materials [ |
||
particular subject and grade level will be purchased under the | ||
cycle adopted by the board under Section 31.022, the board shall | ||
provide the list [ |
||
[ |
||
|
||
|
||
SECTION 29. The heading to Section 31.0241, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0241. ADOPTION OF OPEN-SOURCE INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 30. Sections 31.0241(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) The State Board of Education shall place [ |
||
open-source instructional material [ |
||
secondary-level course submitted for adoption by an eligible | ||
institution on the [ |
||
under Section 31.023 if: | ||
(1) the instructional material [ |
||
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 [ |
||
accuracy; [ |
||
(4) the eligible institution determines that the | ||
instructional material [ |
||
[ |
||
instructional material [ |
||
and skills identified under Section 28.002 for the subject for | ||
which the instructional material [ |
||
certifies that: | ||
(A) for instructional material [ |
||
senior-level course, a student who successfully completes a course | ||
based on the instructional material [ |
||
without remediation, for entry into the eligible institution's | ||
freshman-level course in that subject; or | ||
(B) for instructional material [ |
||
junior-level and senior-level course, a student who successfully | ||
completes the junior-level course based on the instructional | ||
material [ |
||
senior-level course; and | ||
(5) by not later than the 90th day after the date the | ||
instructional material is submitted and before placement of the | ||
instructional material on the list, the board reviews and comments | ||
on the instructional material. | ||
(c) This section does not prohibit an eligible institution | ||
from submitting instructional material [ |
||
on the [ |
||
31.023 through any other adoption process provided by this chapter. | ||
SECTION 31. Section 31.026, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.026. CONTRACT; PRICE. (a) The State Board of | ||
Education shall execute a contract[ |
||
[ |
||
|
||
[ |
||
instructional material [ |
||
(b) A contract must require the publisher to provide the | ||
number of instructional materials [ |
||
districts in this state for the term of the contract, which must | ||
coincide with the board's adoption cycle. | ||
(c) As applicable, a contract must provide for the purchase | ||
or licensing of instructional material [ |
||
price, which may not exceed the lowest price paid by any other state | ||
or any school or school district. The price must be fixed for the | ||
term of the contract. | ||
(d) [ |
||
instructional material [ |
||
SECTION 32. Section 31.0261, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE | ||
INSTRUCTIONAL MATERIALS [ |
||
may execute a contract for the printing of [ |
||
instructional materials placed [ |
||
[ |
||
The contract must allow a school district to requisition printed | ||
copies of [ |
||
provided by Section 31.103. | ||
SECTION 33. Section 31.027, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC | ||
SAMPLE [ |
||
district and open-enrollment charter school with information that | ||
fully describes each of the publisher's submitted instructional | ||
materials [ |
||
publisher shall provide an electronic [ |
||
submitted instructional material [ |
||
(b) A publisher shall provide an electronic [ |
||
sample [ |
||
|
||
center. | ||
(c) [ |
||
instructional material [ |
||
SECTION 34. Section 31.028, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [ |
||
(a) The commissioner [ |
||
special instructional materials [ |
||
blind and visually impaired students in public schools. In | ||
addition, for a teacher who is blind or visually impaired, the | ||
commissioner [ |
||
or large type, as requested by the teacher, for each instructional | ||
material [ |
||
students. The teacher edition must be available at the same time | ||
the student instructional materials [ |
||
(b) The publisher of [ |
||
[ |
||
instructional material [ |
||
Braille instructional materials [ |
||
instructional materials [ |
||
disabilities, on request of the commissioner [ |
||
|
||
material [ |
||
specified by the commissioner [ |
||
(c) The commissioner [ |
||
providing for the acceptance, requisition, and distribution of | ||
special instructional materials [ |
||
pursuant to 20 U.S.C. Section 101 et seq. for use by students | ||
enrolled in: | ||
(1) public schools; or | ||
(2) private nonprofit schools, if state funds, other | ||
than for administrative costs, are not involved. | ||
(d) In this section: | ||
(1) "Blind or visually impaired student" includes any | ||
student whose visual acuity is impaired to the extent that the | ||
student is unable to read the text [ |
||
instructional material [ |
||
(2) "Special instructional material [ |
||
instructional material [ |
||
other medium or any apparatus that conveys information to a student | ||
or otherwise contributes to the learning process. | ||
SECTION 35. Section 31.029, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS | ||
[ |
||
the district's instructional materials allotment or otherwise | ||
acquire instructional materials [ |
||
education classes. | ||
(b) The commissioner shall adopt rules regarding the | ||
purchase of instructional materials under this section. | ||
SECTION 36. Section 31.030, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.030. USED INSTRUCTIONAL MATERIALS [ |
||
State Board of Education shall adopt rules to ensure that used | ||
instructional materials [ |
||
open-enrollment charter schools are not sample copies that contain | ||
factual errors. The rules may provide for the imposition of an | ||
administrative penalty in accordance with Section 31.151 against a | ||
seller of used instructional materials [ |
||
violates this section. | ||
SECTION 37. The heading to Section 31.035, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.035. SUPPLEMENTAL INSTRUCTIONAL MATERIALS | ||
[ |
||
SECTION 38. Sections 31.035(a), (b), (c), (d), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
the State Board of Education may adopt supplemental instructional | ||
materials [ |
||
|
||
of Education may adopt [ |
||
[ |
||
[ |
||
(1) contains material covering one or more primary | ||
focal points or primary topics of a subject in the required | ||
curriculum under Section 28.002, as determined by the State Board | ||
of Education; | ||
(2) is not designed to serve as the sole instructional | ||
material [ |
||
(3) meets applicable physical specifications adopted | ||
by the State Board of Education; and | ||
(4) is free from factual errors. | ||
(b) The State Board of Education shall identify the | ||
essential knowledge and skills identified under Section 28.002 that | ||
are covered by [ |
||
adopted by the board under this section. | ||
(c) Supplemental instructional material [ |
||
|
||
including the midcycle review and adoption cycle provisions, of | ||
this subchapter. | ||
(d) A school district or open-enrollment charter school may | ||
requisition [ |
||
adopted under this section only if the district or school[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
instructional material [ |
||
instructional materials [ |
||
[ |
||
31.023 that in combination cover each element of the essential | ||
knowledge and skills for the course for which the district or school | ||
is requisitioning the supplemental instructional materials | ||
[ |
||
(f) A school district or open-enrollment charter school | ||
that requisitions supplemental instructional materials [ |
||
|
||
supplemental instructional materials [ |
||
with any other instructional materials [ |
||
instructional materials [ |
||
cover the essential knowledge and skills identified under Section | ||
28.002 by the State Board of Education for the subject and grade | ||
level for which the district or school is requisitioning the | ||
supplemental instructional materials [ |
||
SECTION 39. The heading to Subchapter B-1, Chapter 31, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 40. Section 31.071, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may | ||
purchase state-developed open-source instructional materials | ||
[ |
||
(b) The commissioner: | ||
(1) shall purchase any state-developed open-source | ||
instructional materials [ |
||
and | ||
(2) may purchase more than one state-developed | ||
open-source instructional material [ |
||
grade level. | ||
(c) State-developed [ |
||
instructional material [ |
||
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 | ||
[ |
||
(1) in accordance with the instructional material | ||
[ |
||
(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-source instructional materials | ||
[ |
||
[ |
||
Section 31.021. | ||
SECTION 41. Sections 31.072(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) State-developed [ |
||
instructional material [ |
||
(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-source instructional material [ |
||
relating to that curriculum. The commissioner may, at any time, | ||
require an additional revision of [ |
||
instructional material [ |
||
revisions of state-developed open-source instructional material [ |
||
|
||
for which instructional material [ |
||
grade level may be adopted. The commissioner shall use a | ||
competitive process to request proposals to revise [ |
||
state-developed open-source instructional material [ |
||
under this subsection. | ||
SECTION 42. The heading to Section 31.073, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.073. SELECTION BY SCHOOL DISTRICT [ |
||
SECTION 43. Sections 31.073(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) Notwithstanding Section 31.022, a school district or | ||
open-enrollment charter school may adopt [ |
||
open-source instructional material [ |
||
regardless of the instructional material [ |
||
adoption cycle under that section. | ||
(d) A school district or open-enrollment charter school may | ||
not be charged for selection of [ |
||
instructional material [ |
||
material [ |
||
SECTION 44. Section 31.074, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall | ||
provide for the distribution of state-developed open-source | ||
instructional materials [ |
||
distribution of instructional materials [ |
||
Subchapter B. | ||
(b) The commissioner may use a competitive process to | ||
contract for printing or other reproduction of [ |
||
open-source instructional material [ |
||
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 [ |
||
material [ |
||
SECTION 45. Section 31.075, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed [ |
||
|
||
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 [ |
||
instructional material [ |
||
(c) The commissioner may provide a license to use [ |
||
state-developed open-source instructional material [ |
||
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-source instructional | ||
materials [ |
||
SECTION 46. 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 [ |
||
instructional material [ |
||
SECTION 47. 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-source | ||
instructional materials [ |
||
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 | ||
[ |
||
SECTION 48. The heading to Section 31.101, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 49. Section 31.101, Education Code, is amended by | ||
amending Subsections (a), (d), and (e) and adding Subsection (f) to | ||
read as follows: | ||
(a) Each year, during a period established by the State | ||
Board of Education, the board of trustees of each school district | ||
and the governing body of each open-enrollment charter school | ||
shall: | ||
(1) for a subject in the foundation curriculum, notify | ||
the State Board of Education of the instructional materials | ||
[ |
||
the following school year from [ |
||
[ |
||
including the list adopted under Section 31.0231; or | ||
(2) for a subject in the enrichment curriculum: | ||
(A) notify the State Board of Education of each | ||
instructional material [ |
||
or governing body for the following school year from [ |
||
instructional materials [ |
||
|
||
31.0231; or | ||
(B) notify the State Board of Education that the | ||
board of trustees or governing body has selected instructional | ||
material [ |
||
|
||
(d) For instructional material [ |
||
the [ |
||
open-enrollment charter school must use the instructional material | ||
[ |
||
Board of Education has established for the subject and grade level | ||
for which the instructional material [ |
||
(e) A school district or open-enrollment charter school | ||
that selects [ |
||
instructional material on the [ |
||
Section 31.023 or electronic instructional material on the list | ||
adopted by the commissioner under Section 31.0231 may cancel the | ||
subscription and subscribe to [ |
||
instructional material on the [ |
||
Section 31.023 or electronic instructional material on the list | ||
adopted by the commissioner under Section 31.0231 before the end of | ||
the state contract period under Section 31.026 if: | ||
(1) the district or school has used the [ |
||
|
||
and | ||
(2) the agency approves the change based on a written | ||
request to the agency by the district or school that specifies the | ||
reasons for changing the [ |
||
material used by the district or school. | ||
(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 | ||
allotment. | ||
SECTION 50. Section 31.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.102. TITLE AND CUSTODY. (a) Each instructional | ||
material [ |
||
school district or an open-enrollment charter school is the | ||
property of the district or school [ |
||
(b) Subsection (a) applies to [ |
||
material [ |
||
agreement. | ||
(c) The board of trustees of a school district or the | ||
governing body of an open-enrollment charter school [ |
||
|
||
|
||
printed instructional material [ |
||
manner that the board or governing body determines is most | ||
effective and economical. | ||
SECTION 51. The heading to Section 31.103, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.103. INSTRUCTIONAL MATERIAL [ |
||
REQUISITIONS. | ||
SECTION 52. Sections 31.103(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) [ |
||
|
||
|
||
|
||
shall make a requisition for instructional material using the | ||
online requisition program maintained by [ |
||
|
||
|
||
|
||
of each year. The [ |
||
|
||
|
||
manufacturer shall fill a requisition approved by the agency [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
(c) In making a requisition under this section, a school | ||
district or open-enrollment charter school may requisition | ||
instructional materials [ |
||
|
||
the grade level in which a student is enrolled[ |
||
|
||
|
||
(d) A school district or open-enrollment charter school | ||
that selects [ |
||
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 | ||
[ |
||
(2) printed copies of the portion of the instructional | ||
material [ |
||
SECTION 53. Section 31.104, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of | ||
trustees of a school district or the governing body of an | ||
open-enrollment charter school may delegate to an employee the | ||
authority to requisition, distribute, and manage the inventory of | ||
instructional materials [ |
||
this chapter and rules adopted under this chapter. | ||
(b) A school district or open-enrollment charter school may | ||
order replacements for instructional materials [ |
||
have been lost or damaged directly from[ |
||
[ |
||
[ |
||
materials or [ |
||
|
||
|
||
[ |
||
open-source instructional material [ |
||
(c) [ |
||
|
||
|
||
|
||
|
||
student must return all instructional materials [ |
||
teacher at the end of the school year or when the student withdraws | ||
from school. | ||
(d) Each student, or the student's parent or guardian, is | ||
responsible for all instructional materials [ |
||
|
||
equipment not returned in an acceptable condition by the student. A | ||
student who fails to return in an acceptable condition all | ||
instructional materials [ |
||
|
||
instructional materials [ |
||
|
||
materials [ |
||
[ |
||
an acceptable condition are [ |
||
guardian. As provided by policy of the board of trustees or | ||
governing body, a school district or open-enrollment charter school | ||
may waive or reduce the payment requirement if the student is from a | ||
low-income family. The district or school shall allow the student | ||
to use instructional materials [ |
||
|
||
school day. If instructional materials [ |
||
|
||
an acceptable condition or paid for, the district or school may | ||
withhold the student's records. A district or school may not, | ||
under this subsection, prevent a student from graduating, | ||
participating in a graduation ceremony, or receiving a diploma. | ||
The commissioner by rule shall adopt criteria for determining | ||
whether instructional materials [ |
||
|
||
an acceptable condition. | ||
(e) The board of trustees of a school district may not | ||
require an employee of the district who acts in good faith to pay | ||
for instructional materials [ |
||
technological equipment that is damaged, stolen, misplaced, or not | ||
returned. A school district employee may not waive this provision | ||
by contract or any other means, except that a district may enter | ||
into a written agreement with a school employee whereby the | ||
employee assumes financial responsibility for electronic | ||
instructional material [ |
||
off school property or outside of a school-sponsored event in | ||
consideration for the ability of the school employee to use the | ||
electronic instructional material [ |
||
equipment for personal business. Such a written agreement shall be | ||
separate from the employee's contract of employment, if applicable, | ||
and shall clearly inform the employee of the amount of the financial | ||
responsibility and advise the employee to consider obtaining | ||
appropriate insurance. An employee may not be required to agree to | ||
such an agreement as a condition of employment. | ||
(g) At the end of the school year for which [ |
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instructional material [ |
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open-enrollment charter school does not intend to use for another | ||
student is distributed, the printed copy of the open-source | ||
instructional material [ |
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student to whom it is distributed. | ||
(h) This section does not apply to an electronic copy of | ||
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SECTION 54. Section 31.105, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS | ||
AND TECHNOLOGICAL EQUIPMENT [ |
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trustees of a school district or governing body of an | ||
open-enrollment charter school may sell printed instructional | ||
materials on the date the instructional material is discontinued | ||
for use in the public schools by the State Board of Education or the | ||
commissioner. The board of trustees or governing body may also sell | ||
electronic instructional materials and technological equipment | ||
owned by the district or school. Any funds received by a district | ||
or school from a sale authorized by this subsection must be used to | ||
purchase instructional materials and technological equipment | ||
allowed under Section 31.0211 [ |
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(b) The board of trustees of a school district or governing | ||
body of an open-enrollment charter school shall determine how the | ||
district or school will dispose of discontinued printed | ||
instructional materials, electronic instructional materials, and | ||
technological equipment. | ||
(c) The board of trustees of a school district or governing | ||
body of an open-enrollment charter school may dispose of printed | ||
instructional material before the date the instructional material | ||
is discontinued for use in the public schools by the State Board of | ||
Education if the board of trustees or governing body determines | ||
that the instructional material is not needed by the district or | ||
school and the board of trustees or governing body does not | ||
reasonably expect that the instructional material will be needed. | ||
A district or school must notify the commissioner of any | ||
instructional material the district or school disposes of under | ||
this subsection. | ||
SECTION 55. Section 31.106, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any | ||
instructional material [ |
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school district or open-enrollment charter school may use local | ||
funds to purchase any instructional materials [ |
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SECTION 56. Section 31.151, Education Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (e) to read | ||
as follows: | ||
(a) A publisher or manufacturer of instructional materials | ||
[ |
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(1) shall furnish any instructional material | ||
[ |
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a price that does not exceed the lowest price at which the publisher | ||
offers that instructional material [ |
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to any state, public school, or school district in the United | ||
States; | ||
(2) shall automatically reduce the price of | ||
instructional material [ |
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district or open-enrollment charter school to the extent that the | ||
price is reduced elsewhere in the United States; | ||
(3) shall provide any instructional material | ||
[ |
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same extent that the publisher or manufacturer provides the | ||
instructional material [ |
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to any state, public school, or school district in the United | ||
States; | ||
(4) shall guarantee that each copy of instructional | ||
material [ |
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quality to copies of that instructional material [ |
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elsewhere in the United States and is free from factual error; | ||
(5) may not become associated or connected with, | ||
directly or indirectly, any combination in restraint of trade in | ||
instructional materials [ |
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understanding or combination to control prices or restrict | ||
competition in the sale of instructional materials [ |
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use in this state; | ||
(6) shall[ |
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(7) shall, at the time an order for instructional | ||
materials [ |
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or open-enrollment charter schools an accurate shipping date for | ||
instructional materials [ |
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(8) shall guarantee delivery of instructional | ||
materials [ |
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day of school of the year for which the instructional materials | ||
[ |
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are ordered by a date specified in the sales contract; and | ||
(9) shall submit to the State Board of Education an | ||
affidavit certifying any instructional material [ |
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publisher or manufacturer offers in this state to be free of factual | ||
errors at the time the publisher executes the contract required by | ||
Section 31.026. | ||
(d) A penalty collected under this section shall be | ||
deposited to the credit of the state instructional materials | ||
[ |
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(e) An eligible institution, as defined by Section | ||
31.0241(a), that offers open-source instructional materials under | ||
Section 31.0241 is not a publisher or manufacturer for purposes of | ||
this section. | ||
SECTION 57. The heading to Section 31.152, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.152. ACCEPTING REBATE ON [ |
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SECTION 58. Sections 31.152(a), (b), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) A school trustee, administrator, or teacher commits an | ||
offense if that person receives any commission or rebate on any | ||
[ |
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technological equipment used in the schools with which the person | ||
is associated as a trustee, administrator, or teacher. | ||
(b) A school trustee, administrator, or teacher commits an | ||
offense if the person accepts a gift, favor, or service that: | ||
(1) is given to the person or the person's school; | ||
(2) might reasonably tend to influence a trustee, | ||
administrator, or teacher in the selection of [ |
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equipment; and | ||
(3) could not be lawfully purchased with state | ||
instructional materials funds [ |
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(d) In this section, "gift, favor, or service" does not | ||
include: | ||
(1) staff development, in-service, or teacher | ||
training; or | ||
(2) ancillary [ |
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or worksheets, that convey information to the student or otherwise | ||
contribute to the learning process. | ||
SECTION 59. The heading to Section 31.153, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS | ||
[ |
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SECTION 60. Section 31.153(a), Education Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
violates any law providing for the purchase or distribution of free | ||
instructional materials [ |
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SECTION 61. Section 39.303(b), Education Code, is amended | ||
to read as follows: | ||
(b) For a student who failed to perform satisfactorily as | ||
determined under either performance standard under Section 39.0241 | ||
on an assessment instrument administered under Section 39.023(a), | ||
(c), or (l), the school district shall include in the notice | ||
specific information relating to access to [ |
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resources at the appropriate assessment instrument content level, | ||
including [ |
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Section 39.023(e). | ||
SECTION 62. 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 | ||
[ |
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SECTION 63. Section 43.001(b), Education Code, as amended | ||
by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of the 78th | ||
Legislature, Regular Session, 2003, is reenacted to read as | ||
follows: | ||
(b) The available school fund, which shall be apportioned | ||
annually to each county according to its scholastic population, | ||
consists of: | ||
(1) the distributions to the fund from the permanent | ||
school fund as provided by Section 5(a), Article VII, Texas | ||
Constitution; | ||
(2) one-fourth of all revenue derived from all state | ||
occupation taxes, exclusive of delinquencies and cost of | ||
collection; | ||
(3) one-fourth of revenue derived from state gasoline | ||
and special fuels excise taxes as provided by law; and | ||
(4) all other appropriations to the available school | ||
fund made by the legislature for public school purposes. | ||
SECTION 64. Section 43.001, Education Code, is amended by | ||
adding Subsections (d) through (g) to read as follows: | ||
(d) Each year the State Board of Education shall set aside | ||
an amount equal to 50 percent of the annual distribution for that | ||
year 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 fund established under Section 31.021. | ||
(e) Subsection (d) applies beginning with the state fiscal | ||
biennium beginning September 1, 2013. For the state fiscal | ||
biennium beginning September 1, 2011, each year the State Board of | ||
Education shall set aside an amount equal to 40 percent of the | ||
annual distribution for that year 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 fund | ||
established under Section 31.021. | ||
(f) In calculating the amounts to be set aside as provided | ||
by Subsection (e) for the state fiscal biennium beginning September | ||
1, 2011, the State Board of Education shall consider only the | ||
amounts of the annual distribution of the permanent school fund for | ||
that biennium. The board shall not consider amounts distributed | ||
for the state fiscal biennium beginning September 1, 2009, | ||
regardless of the date on which those amounts were approved for | ||
distribution. | ||
(g) Subsections (e) and (f) and this subsection expire | ||
September 1, 2013. | ||
SECTION 65. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 31.002(3); | ||
(2) Sections 31.021(b), (e), and (f); | ||
(3) Section 31.0222; | ||
(4) Section 31.025; | ||
(5) Sections 31.035(e) and (g); | ||
(6) Section 31.072(c); | ||
(7) Sections 31.073(a) and (b); | ||
(8) Sections 31.101(b), (b-1), (c), and (c-1); | ||
(9) Section 31.1011; | ||
(10) Sections 31.103(a) and (e); | ||
(11) Section 31.1031; | ||
(12) Subchapter E, Chapter 31; | ||
(13) Section 32.005; | ||
(14) Sections 32.251 through 32.257; and | ||
(15) Sections 32.259 through 32.263. | ||
SECTION 66. Sections 2175.128(a-1) and (b-1), Government | ||
Code, are repealed. | ||
SECTION 67. The change in law made by this Act to Section | ||
7.108, Education Code, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
SECTION 68. 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 on the 91st day after the last day of | ||
the legislative session. |