By: Branch H.B. No. 4294
A BILL TO BE ENTITLED
AN ACT
relating to instructional materials and technological equipment in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.101, Education Code, is amended by
amending Subsection (a), (b), and (c) and adding Subsections (e),
(f), (g), (h), and (i) to read as follows:
Section 31.101. SELECTION AND PURCHASE OF TEXTBOOKS BY
SCHOOL DISTRICTS. (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 textbooks selected by the board
of trustees or governing body for the following school year from
among the textbooks on the appropriate conforming or nonconforming
list; instructional materials and electronic textbooks identified
by the commissioner under 31.101(c)(3); or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each
textbook selected by the board of trustees or governing body for the
following school year from among the textbooks on the appropriate
conforming or nonconforming list; instructional materials and
electronic textbooks identified by the commissioner under
31.101(c)(3); or
(B) notify the State Board of Education that the
board of trustees or governing body has selected a textbook that is
not on the conforming or nonconforming list.
(b) If a school district or open-enrollment charter school
selects a textbook for a particular subject in the foundation or
enrichment curriculum and grade level that is not on the conforming
or nonconforming list, the state shall pay to the district or school
an amount equal to the lesser of:
(1) 70 percent of the cost to the district of the
textbook, multiplied by the number of textbooks the district or
school needs for that subject and grade level; or
(2) 70 percent of the limitation established under
Section 31.025 for a textbook for that subject and grade level,
multiplied by the number of textbooks the district or school needs
for that subject and grade level.
(c) A school district or open-enrollment charter school
that selects a textbook that is not on the conforming or
nonconforming list:
(1) is responsible for the portion of the cost of the
textbook that is not paid by the state under Subsection (b); and
(2) may use funds received from the state under
Subsection (b) [only] for purchasing the textbook for which the
funds were received, or
(3) may use funds received from the supplement to the
allotment under Section 32.005 according to rules adopted by the
commissioner. The state shall pay to the district or school 100
percent of the limitation established under Section 31.025 for
materials for each subject and grade level, multiplied by the
number of instructional materials and electronic textbooks the
district or school needs for each subject and grade level.
(d) For a textbook that is not on the conforming or
nonconforming list, a school district or open-enrollment charter
school must use the textbook for the period of the review and
adoption cycle the State Board of Education has established for the
subject and grade level for which the textbook is used.
(e) The commissioner shall adopt a list of instructional
materials and electronic textbooks that may be purchased by a
school district and funded under Section 31.101(c)(3).
Instructional materials and electronic textbooks placed on the
commissioner's list will be reviewed and recommended by a panel of
recognized school district experts in content and education
technology.
(f) The commissioner shall adopt minimum criteria that
instructional materials and electronic textbooks must meet to be
included on the list adopted by the commissioner. The criteria
must:
(1) include evidence of alignment with current
research in the subject area addressed;
(2) include the coverage of the essential knowledge
and skills for the subject area and grade level of the instructional
materials and electronic textbooks. The panel under subsection (e)
must identify:
(A) each of the essential knowledge and skills
for the subject and grade level covered by the instructional
materials and electronic textbooks; and
(B) the percentage of the essential knowledge and
skills for the subject and grade level covered by the instructional
material and electronic textbooks.
(3) include training and professional development for
teachers.
(g) Funds received from the state by school districts and
open enrollment charter schools under this section may also be used
to:
(1) provide for the purchase by school districts of
technological equipment needed to provide access to State Board of
Education-approved textbooks or commissioner-approved
instructional materials or electronic textbooks.
(h) Not withstanding any other provision of this section, a
school district or open-enrollment charter school must purchase, at
a minimum, a classroom set of State Board of Education-approved
textbooks for a subject and grade level in the foundation
curriculum.
(i) The commissioner shall adopt rules necessary to
implement subsections (e), (f), (g), and (h) of this section.
SECTION 2. EFFECTIVE DATE. 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, the Act takes effect September 1, 2009.