Bill Text: TX SB810 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the purchase and use of open educational resources.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [SB810 Detail]
Download: Texas-2017-SB810-Enrolled.html
S.B. No. 810 |
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relating to the purchase and use of open educational resources. | ||
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 [ |
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instructional material. | ||
(1-a) "Open education resource [ |
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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 [ |
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resource [ |
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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 [ |
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instructional materials submitted by eligible institutions and | ||
adopted by the State Board of Education under Section 31.0241; | ||
(4) open education resource [ |
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instructional materials made available by other public schools; | ||
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(5) instructional materials developed or purchased by | ||
the school district or open-enrollment charter school; and | ||
(6) open education resource instructional materials | ||
and other electronic instructional materials included in the | ||
repository under Section 31.083. | ||
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 [ |
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material; | ||
(5) pay the expenses associated with the purchase of | ||
instructional material, including intrastate freight and shipping | ||
and the insurance expenses associated with intrastate freight and | ||
shipping; | ||
(6) [ |
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Blind and Visually Impaired, the Texas School for the Deaf, and the | ||
Texas Juvenile Justice Department; and | ||
(7) pay the expenses associated with the instructional | ||
materials web portal developed under Section 31.081. | ||
(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 | ||
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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 | ||
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SECTION 12. Sections 31.0215(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) The commissioner may allow a school district or | ||
open-enrollment charter school to place an order for instructional | ||
materials before the beginning of a fiscal biennium and to receive | ||
instructional materials before payment. The commissioner shall | ||
limit the cost of an order placed under this section to 80 percent | ||
of the estimated amount to which a school district or | ||
open-enrollment charter school is estimated to be entitled as | ||
provided by Subsection (a) and shall first credit any balance in a | ||
district or charter school 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 [ |
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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 | ||
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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 [ |
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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 | ||
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after the date open education resource [ |
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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 | ||
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(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 | ||
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SECTION 19. Section 31.0261, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN EDUCATION | ||
RESOURCE [ |
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Education may execute a contract for the printing of open education | ||
resource [ |
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adopted under Section 31.023. The contract must allow a school | ||
district to requisition printed copies of open education resource | ||
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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 | ||
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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 | ||
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SECTION 24. Sections 31.071, 31.072, 31.073, 31.074, and | ||
31.075, Education Code, are amended to read as follows: | ||
Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may | ||
purchase state-developed open education resource [ |
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instructional materials in accordance with this subchapter. | ||
(b) The commissioner: | ||
(1) shall purchase any state-developed open education | ||
resource [ |
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competitive process; and | ||
(2) may purchase more than one state-developed open | ||
education resource [ |
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subject or grade level. | ||
(c) State-developed open education resource [ |
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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 [ |
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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 [ |
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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 [ |
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(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 [ |
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instructional material relating to that curriculum. The | ||
commissioner may, at any time, require an additional revision of | ||
state-developed open education resource [ |
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instructional material or contract for ongoing revisions of | ||
state-developed open education resource [ |
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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 [ |
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this subsection. | ||
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 [ |
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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 [ |
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instructional material adopted under Subchapter B. | ||
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall | ||
provide for the distribution of state-developed open education | ||
resource [ |
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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 [ |
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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 [ |
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Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed | ||
open education resource [ |
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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 [ |
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(c) The commissioner may provide a license to use | ||
state-developed open education resource [ |
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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 [ |
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SECTION 25. 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 [ |
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be appealed. | ||
SECTION 26. 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 [ |
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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 27. Chapter 31, Education Code, is amended by | ||
adding Subchapter B-2 to read as follows: | ||
SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL | ||
Sec. 31.081. INSTRUCTIONAL MATERIALS WEB PORTAL. (a) The | ||
commissioner shall develop and maintain a web portal to assist | ||
school districts and open-enrollment charter schools in selecting | ||
instructional materials under Section 31.101. | ||
(b) The web portal must include general information such as | ||
price, computer system requirements, and any other relevant | ||
specifications for each instructional material: | ||
(1) on the instructional materials list, including the | ||
list adopted under Section 31.0231; or | ||
(2) submitted by a publisher for inclusion in the web | ||
portal. | ||
(c) The commissioner by rule shall establish the procedure | ||
by which a publisher may submit instructional materials for | ||
inclusion in the web portal. | ||
(d) The commissioner shall use a competitive process to | ||
contract for the development of the web portal. | ||
(e) The commissioner shall use money in the state | ||
instructional materials and technology fund to pay any expenses | ||
associated with the web portal. | ||
Sec. 31.082. QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED | ||
BY PUBLISHER. (a) The commissioner shall contract with a private | ||
entity to conduct an independent analysis of each instructional | ||
material submitted by a publisher for inclusion in the web portal | ||
developed under Section 31.081. The analysis must: | ||
(1) evaluate the quality of the material; and | ||
(2) determine the extent to which the material covers | ||
the essential knowledge and skills identified under Section 28.002 | ||
for the subject and grade level for which the material is intended | ||
to be used, including an identification of: | ||
(A) each of the essential knowledge and skills | ||
for the subject and grade level or levels covered by the material; | ||
and | ||
(B) the percentage of the essential knowledge and | ||
skills for the subject and grade level or levels covered by the | ||
material. | ||
(b) The commissioner shall include in the web portal | ||
developed under Section 31.081 the results of each analysis | ||
conducted under Subsection (a). | ||
Sec. 31.083. INSTRUCTIONAL MATERIALS REPOSITORY. (a) The | ||
commissioner shall include in the web portal developed under | ||
Section 31.081 a repository of open education resource | ||
instructional materials and other electronic instructional | ||
materials that school districts and open-enrollment charter | ||
schools may access at no cost. | ||
(b) A publisher may submit instructional materials for | ||
inclusion in the repository. | ||
Sec. 31.084. RULES. The commissioner may adopt rules as | ||
necessary to implement this subchapter. | ||
SECTION 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 [ |
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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 [ |
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(g) At the end of the school year for which open education | ||
resource [ |
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district or open-enrollment charter school does not intend to use | ||
for another student is distributed, the printed copy of the open | ||
education resource [ |
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the property of the student to whom it is distributed. | ||
(h) This section does not apply to an electronic copy of | ||
open education resource [ |
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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 [ |
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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 [ |
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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 51.451, Education Code, is amended by | ||
adding Subdivision (4-a) to read as follows: | ||
(4-a) "Open educational resource" means a teaching, | ||
learning, or research resource that is in the public domain or has | ||
been released under an intellectual property license that permits | ||
the free use, adaptation, and redistribution of the resource by any | ||
person. The term may include full course curricula, course | ||
materials, modules, textbooks, media, assessments, software, and | ||
any other tools, materials, or techniques, whether digital or | ||
otherwise, used to support access to knowledge. | ||
SECTION 36. Section 51.452, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) Each institution of higher education shall: | ||
(1) for each semester or academic term, compile a | ||
course schedule indicating each course offered by the institution | ||
for the semester or term to postsecondary students; | ||
(2) with respect to each course, include with the | ||
schedule a list of the required and recommended textbooks that | ||
specifies, to the extent practicable, the following information for | ||
each textbook: | ||
(A) the retail price; | ||
(B) the author; | ||
(C) the publisher; | ||
(D) the most recent copyright date; [ |
||
(E) the International Standard Book Number | ||
assigned, if any; and | ||
(F) whether the textbook is an open educational | ||
resource; | ||
(3) except as provided by Subsection (b), at the time | ||
required by Subsection (c)(2): | ||
(A) publish the textbook list with the course | ||
schedule on the institution's Internet website and with any course | ||
schedule the institution provides in hard copy format to the | ||
students of the institution; and | ||
(B) make that information available to college | ||
bookstores and other bookstores that generally serve the students | ||
of the institution; and | ||
(4) except as provided by Subsection (b), as soon as | ||
practicable after the information becomes available disseminate as | ||
required by Subdivision (3) specific information regarding any | ||
revisions to the institution's course schedule and textbook list. | ||
(d) If an institution of higher education or a college | ||
bookstore publishes a textbook list with a course schedule on an | ||
Internet website that provides a search function, the institution | ||
or bookstore must: | ||
(1) ensure that the search function permits a search | ||
based on whether a course or section of a course requires or | ||
recommends only open educational resources; or | ||
(2) provide a searchable list of courses and sections | ||
of courses that require or recommend only open educational | ||
resources. | ||
SECTION 37. Section 51.453, Education Code, is amended to | ||
read as follows: | ||
Sec. 51.453. TEXTBOOK ASSISTANCE INFORMATION FOR STUDENTS. | ||
To the extent practicable, an institution of higher education shall | ||
make reasonable efforts to disseminate to its students information | ||
regarding: | ||
(1) available institutional programs for renting | ||
textbooks or for purchasing used textbooks; | ||
(2) available institutional guaranteed textbook | ||
buyback programs; | ||
(3) available institutional programs for alternative | ||
delivery of textbook content; [ |
||
(4) the availability of courses and sections of | ||
courses that require or recommend only open educational resources; | ||
and | ||
(5) other available institutional textbook | ||
cost-savings strategies. | ||
SECTION 38. Section 51.454(a), Education Code, is amended | ||
to read as follows: | ||
(a) When a textbook publisher provides information | ||
regarding a textbook or supplemental material other than an open | ||
educational resource to a faculty member or other person in charge | ||
of selecting course materials at an institution of higher | ||
education, the publisher shall also provide to the faculty member | ||
or other person written information that includes: | ||
(1) the price at which the publisher would make the | ||
textbook or supplemental material available to a college bookstore | ||
or other bookstore that generally serves the students of the | ||
institution and, if applicable, to the public; | ||
(2) the copyright dates of the current and three | ||
preceding editions of the textbook; | ||
(3) a description of any substantial content revisions | ||
made between the current edition of the textbook or supplemental | ||
material and the most recent preceding edition of the textbook or | ||
material, including the addition of new chapters, new material | ||
covering additional time periods, new themes, or new subject | ||
matter; | ||
(4) information as to whether the textbook or | ||
supplemental material is available in other formats, such as a | ||
paperback or unbound version; and | ||
(5) the price at which the publisher would make the | ||
textbook or supplemental material in any alternative format | ||
available to a bookstore described by Subdivision (1) and, if | ||
applicable, to the public. | ||
SECTION 39. Subchapter C, Chapter 61, Education Code, is | ||
amended by adding Section 61.0668 to read as follows: | ||
Sec. 61.0668. OPEN EDUCATIONAL RESOURCES GRANT PROGRAM. | ||
(a) In this section, "open educational resource" has the meaning | ||
assigned by Section 51.451. | ||
(b) The board shall establish and administer a grant program | ||
to encourage faculty at institutions of higher education to adopt, | ||
modify, redesign, or develop courses that use only open educational | ||
resources. | ||
(c) Under the program, a faculty member of an institution of | ||
higher education may apply to the board for a grant to adopt, | ||
modify, redesign, or develop one or more courses at the institution | ||
to exclusively use open educational resources. | ||
(d) For each course identified in an application for a grant | ||
under this section, the board shall select at least three persons | ||
qualified to review the curriculum of the course, as determined by | ||
the board, to evaluate the application with respect to that course. | ||
If the application is rejected, the reviewing persons must provide | ||
feedback on the application to the faculty member. The feedback may | ||
be provided anonymously. | ||
(e) A faculty member who receives a grant under the program | ||
shall ensure that any open educational resource used in each | ||
applicable course is provided to a student enrolled in the course at | ||
no cost other than the cost of printing. | ||
(f) A faculty member who receives a grant under the program | ||
must submit to the board for each of the four semesters immediately | ||
following the implementation of each applicable course a report | ||
that includes: | ||
(1) the number of students who have completed the | ||
course; | ||
(2) an estimate of the amount of money saved by a | ||
student due to the use of open educational resources in the course; | ||
(3) a description of the open educational resources | ||
used in the course; | ||
(4) the number of other faculty members, if any, who | ||
adopted the curriculum of the course; and | ||
(5) any other information required by the board. | ||
(g) A faculty member who receives a grant under the program | ||
may continue to submit a report described by Subsection (f) for a | ||
semester that occurs after the faculty member's duty to submit a | ||
report under that subsection has expired. The board may consider a | ||
faculty member's failure to submit additional reports under this | ||
subsection in evaluating a subsequent grant application submitted | ||
by the faculty member. | ||
(h) A faculty member who is no longer employed by an | ||
institution of higher education forfeits any grant awarded under | ||
the program. | ||
(i) The board may not award a grant under the program to a | ||
faculty member of a postsecondary educational institution other | ||
than an institution of higher education. | ||
(j) Not later than December 1 of each even-numbered year, | ||
the board shall submit to the governor, lieutenant governor, | ||
speaker of the house of representatives, and each standing | ||
legislative committee with primary jurisdiction over higher | ||
education a report on: | ||
(1) the total number of grants distributed under the | ||
program; | ||
(2) the number of students who completed a course | ||
adopted, modified, redesigned, or developed under the program; | ||
(3) an estimate of the total amount of money saved by | ||
students due to the use of open educational resources in courses | ||
adopted, modified, redesigned, or developed under the program; | ||
(4) a list of any subject areas that would benefit from | ||
the adoption, modification, or development of open educational | ||
resources; and | ||
(5) recommendations on future steps for adopting, | ||
modifying, or developing open educational resources. | ||
(k) The board may solicit and accept gifts, grants, and | ||
donations from any public or private source for purposes of the | ||
program. | ||
(l) The board shall adopt rules for the administration of | ||
the program. | ||
(m) This section expires September 1, 2021. | ||
(n) The board may not use appropriated funds in an amount | ||
greater than $200,000 for purposes of the program in the state | ||
fiscal biennium ending August 31, 2019. The board may use any | ||
amount of other funds available for those purposes. This | ||
subsection expires December 1, 2019. | ||
SECTION 40. Subchapter C, Chapter 61, Education Code, is | ||
amended by adding Section 61.0669 to read as follows: | ||
Sec. 61.0669. FEASIBILITY STUDY ON STATE REPOSITORY OF OPEN | ||
EDUCATIONAL RESOURCES. (a) In this section, "open educational | ||
resource" has the meaning assigned by Section 51.451. | ||
(b) The board shall conduct a study to determine the | ||
feasibility of creating a state repository of open educational | ||
resources. The study must consider: | ||
(1) methods for facilitating public access to open | ||
educational resources; | ||
(2) the resources needed to create the repository; and | ||
(3) any potential challenges in creating the | ||
repository. | ||
(c) In conducting the study, the board shall collaborate | ||
with relevant state agencies, textbook publishers, representatives | ||
of the open educational resource community, and other stakeholders, | ||
including the Texas Education Agency and representatives of public | ||
institutions of higher education and school districts. | ||
(d) Not later than September 1, 2018, the board shall submit | ||
to the governor, lieutenant governor, speaker of the house of | ||
representatives, and each standing legislative committee with | ||
primary jurisdiction over higher education a report on the results | ||
of the study and any recommendations for legislative or other | ||
action. The report must include information on: | ||
(1) methods by which open educational resources would | ||
be gathered and curated; | ||
(2) measures to ensure public access to the | ||
repository; | ||
(3) methods of encouraging the use of the repository; | ||
(4) management of intellectual property rights; and | ||
(5) any other measures necessary to ensure the | ||
repository's success. | ||
(e) The board may not use appropriated funds in an amount | ||
greater than $100,000 for purposes of the study. The board may use | ||
any amount of other available funds for purposes of the study and | ||
may solicit and accept gifts, grants, and donations for that | ||
purpose. | ||
(f) This section expires September 1, 2019. | ||
SECTION 41. 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 42. Not later than September 1, 2018, the | ||
commissioner of education shall develop the web portal required | ||
under Subchapter B-2, Chapter 31, Education Code, as added by this | ||
Act. | ||
SECTION 43. Sections 51.451, 51.452, 51.453, and 51.454, | ||
Education Code, as amended by this Act, apply beginning with the | ||
2018 spring semester. | ||
SECTION 44. (a) As soon as practicable after the effective | ||
date of this Act, the Texas Higher Education Coordinating Board | ||
shall adopt rules for the administration of the open educational | ||
resources grant program under Section 61.0668, Education Code, as | ||
added by this Act. | ||
(b) Notwithstanding Section 61.0668(j), Education Code, as | ||
added by this Act, the Texas Higher Education Coordinating Board | ||
shall submit its initial report required under that section not | ||
later than December 1, 2019. | ||
SECTION 45. In the event that S.B. 1784, 85th Legislature, | ||
Regular Session, 2017, is enacted and becomes law, any provisions | ||
repealed or language struck by that Act shall also be considered | ||
repealed or struck, as applicable, by this Act. | ||
SECTION 46. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 810 passed the Senate on | ||
April 25, 2017, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 27, 2017, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 810 passed the House, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 133, | ||
Nays 13, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |