81R23537 CAE-D
By: Branch, Eissler, Strama, Oliveira, H.B. No. 4294
et al.
Substitute the following for H.B. No. 4294:
By: Hochberg C.S.H.B. No. 4294
A BILL TO BE ENTITLED
AN ACT
relating to textbooks, electronic textbooks, instructional
material, and technological equipment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.021, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The state textbook fund may be used to purchase
technological equipment.
SECTION 2. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0231 to read as follows:
Sec. 31.0231. ELECTRONIC TEXTBOOK AND INSTRUCTIONAL
MATERIAL LIST. (a) Notwithstanding any other provision of this
chapter, the commissioner shall adopt a list of:
(1) electronic textbooks; and
(2) instructional material that conveys information
to the student or otherwise contributes to the learning process.
(b) A school district may select an electronic textbook or
instructional material on the list adopted under Subsection (a) to
be funded by the state textbook fund under Section 31.021.
(c) Before the commissioner places an electronic textbook
or instructional material on the list adopted under Subsection (a),
the electronic textbook or instructional material:
(1) must be reviewed and recommended to the
commissioner by a panel of recognized experts in the subject area of
the electronic textbook or instructional material and experts in
education technology; and
(2) must satisfy criteria adopted for the purpose by
commissioner rule.
(d) The criteria adopted under Subsection (c)(2) must:
(1) include evidence of alignment with current
research in the subject for which the electronic textbook or
instructional material is intended to be used;
(2) include coverage of the essential knowledge and
skills identified under Section 28.002 for the subject for which
the electronic textbook or instructional material is intended to be
used and identify:
(A) each of the essential knowledge and skills
for the subject and grade level covered by the electronic textbook
or instructional material; and
(B) the percentage of the essential knowledge and
skills for the subject and grade level covered by the electronic
textbook or instructional material; and
(3) include appropriate training for teachers.
(e) The commissioner shall update, as necessary, the list
adopted under Subsection (a). Before the commissioner places an
electronic textbook or instructional material on the updated list,
the requirements of Subsection (c) must be met. Before the
commissioner removes an electronic textbook or instructional
material from the updated list, the removal must be recommended by a
panel of recognized experts in the subject area of the electronic
textbook or instructional material and experts in education
technology.
(f) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 3. Section 31.101, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (b-1) and
(c-1) 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 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, 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
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, including the list adopted under
Section 31.0231; 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-1) If a school district or open-enrollment charter
school selects for a particular subject or grade level an
electronic textbook or instructional material on the list adopted
under Section 31.0231, the state shall pay the district or school an
amount equal to 100 percent of the limitation established under
Section 31.025 for a textbook for that subject and grade level,
multiplied by the number of electronic textbooks or instructional
materials 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 or that selects an electronic textbook or
instructional material that is on the list adopted under Section
31.0231:
(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) or (b-1), as applicable, [only] for purchasing the
textbook for which the funds were received or supplementing the
allotment under Section 32.005 to purchase technological equipment
according to rules adopted by the commissioner.
(c-1) Notwithstanding any other provision of this chapter,
a school district or open-enrollment charter school must purchase a
classroom set of textbooks adopted by the State Board of Education
under Section 31.023 or 31.035 for each subject and grade level in
the foundation and enrichment curriculum.
SECTION 4. 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, 2009.