Texas 2009 - 81st Regular

Texas House Bill HB4294 Compare Versions

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1	1	H.B. No. 4294
2	2
3	3
4	4	AN ACT
5	5	relating to textbooks, electronic textbooks, instructional
6	6	material, and technological equipment in public schools.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 31, Education Code, is
9	9	amended by adding Section 31.004 to read as follows:
10	10	Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS,
11	11	ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
12	12	district and open-enrollment charter school shall annually certify
13	13	to the State Board of Education and the commissioner that, for each
14	14	subject in the foundation curriculum and each grade level, the
15	15	district provides each student with textbooks, electronic
16	16	textbooks, or instructional materials that cover all elements of
17	17	the essential knowledge and skills adopted by the State Board of
18	18	Education for that subject and grade level.
19	19	SECTION 2. Section 31.021, Education Code, is amended by
20	20	adding Subsection (f) to read as follows:
21	21	(f) The state textbook fund may be used to purchase
22	22	technological equipment necessary to support the use of electronic
23	23	textbooks or instructional material included on the list adopted
24	24	under Section 31.0231 or any textbook or material approved by the
25	25	State Board of Education.
26	26	SECTION 3. Section 31.022, Education Code, is amended by
27	27	adding Subsection (f) to read as follows:
28	28	(f) The board shall amend any request for production issued
29	29	for the purchase of textbooks to conform to the textbook funding
30	30	levels provided by the General Appropriations Act for the year of
31	31	implementation.
32	32	SECTION 4. Subchapter B, Chapter 31, Education Code, is
33	33	amended by adding Section 31.0231 to read as follows:
34	34	Sec. 31.0231. ELECTRONIC TEXTBOOK AND INSTRUCTIONAL
35	35	MATERIAL LIST. (a) The commissioner shall adopt a list of:
36	36	(1) electronic textbooks; and
37	37	(2) instructional material that conveys information
38	38	to the student or otherwise contributes to the learning process,
39	39	including tools, models, and investigative materials designed for
40	40	use as part of the foundation curriculum for science in
41	41	kindergarten through grade five.
42	42	(b) A school district may select an electronic textbook or
43	43	instructional material on the list adopted under Subsection (a) to
44	44	be funded by the state textbook fund under Section 31.021.
45	45	(c) Before the commissioner places an electronic textbook
46	46	or instructional material on the list adopted under Subsection (a),
47	47	the State Board of Education must be given an opportunity to comment
48	48	on the electronic textbook or instructional material. An
49	49	electronic textbook or instructional material placed on the list
50	50	adopted under Subsection (a):
51	51	(1) must be reviewed and recommended to the
52	52	commissioner by a panel of recognized experts in the subject area of
53	53	the electronic textbook or instructional material and experts in
54	54	education technology;
55	55	(2) must satisfy criteria adopted for the purpose by
56	56	commissioner rule; and
57	57	(3) must meet the National Instructional Materials
58	58	Accessibility Standard, to the extent practicable as determined by
59	59	the commissioner.
60	60	(d) The criteria adopted under Subsection (c)(2) must:
61	61	(1) include evidence of alignment with current
62	62	research in the subject for which the electronic textbook or
63	63	instructional material is intended to be used;
64	64	(2) include coverage of the essential knowledge and
65	65	skills identified under Section 28.002 for the subject for which
66	66	the electronic textbook or instructional material is intended to be
67	67	used and identify:
68	68	(A) each of the essential knowledge and skills
69	69	for the subject and grade level or levels covered by the electronic
70	70	textbook or instructional material; and
71	71	(B) the percentage of the essential knowledge and
72	72	skills for the subject and grade level or levels covered by the
73	73	electronic textbook or instructional material; and
74	74	(3) include appropriate training for teachers.
75	75	(e) The commissioner shall update, as necessary, the list
76	76	adopted under Subsection (a). Before the commissioner places an
77	77	electronic textbook or instructional material on the updated list,
78	78	the requirements of Subsection (c) must be met. Before the
79	79	commissioner removes an electronic textbook or instructional
80	80	material from the updated list, the removal must be recommended by a
81	81	panel of recognized experts in the subject area of the electronic
82	82	textbook or instructional material and experts in education
83	83	technology.
84	84	(f) After notice to the commissioner explaining in detail
85	85	the changes, the provider of an electronic textbook or
86	86	instructional material on the list adopted under Subsection (a) may
87	87	update the navigational features or management system related to
88	88	the electronic textbook or instructional material.
89	89	(g) After notice to the commissioner and a review by the
90	90	commissioner, the provider of an electronic textbook or
91	91	instructional material on the list adopted under Subsection (a) may
92	92	update the content of the electronic textbook or instructional
93	93	material if needed to accurately reflect current knowledge or
94	94	information.
95	95	(h) The commissioner shall adopt rules as necessary to
96	96	implement this section. The rules must:
97	97	(1) be consistent with Section 31.151 regarding the
98	98	duties of publishers and manufacturers, as appropriate, and the
99	99	imposition of a reasonable administrative penalty; and
100	100	(2) require public notice of an opportunity for the
101	101	submission of an electronic textbook or instructional material.
102	102	SECTION 5. Section 31.101, Education Code, is amended by
103	103	amending Subsections (a) and (c) and adding Subsections (b-1),
104	104	(c-1), and (e) to read as follows:
105	105	(a) Each year, during a period established by the State
106	106	Board of Education, the board of trustees of each school district
107	107	and the governing body of each open-enrollment charter school
108	108	shall:
109	109	(1) for a subject in the foundation curriculum, notify
110	110	the State Board of Education of the textbooks selected by the board
111	111	of trustees or governing body for the following school year from
112	112	among the textbooks on the appropriate conforming or nonconforming
113	113	list, including the list adopted under Section 31.0231; or
114	114	(2) for a subject in the enrichment curriculum:
115	115	(A) notify the State Board of Education of each
116	116	textbook selected by the board of trustees or governing body for the
117	117	following school year from among the textbooks on the appropriate
118	118	conforming or nonconforming list, including the list adopted under
119	119	Section 31.0231; or
120	120	(B) notify the State Board of Education that the
121	121	board of trustees or governing body has selected a textbook that is
122	122	not on the conforming or nonconforming list.
123	123	(b-1) If a school district or open-enrollment charter
124	124	school selects for a particular subject or grade level an
125	125	electronic textbook or instructional material on the list adopted
126	126	under Section 31.0231, the state shall pay the district or school an
127	127	amount equal to the cost of the electronic textbook or
128	128	instructional material plus textbook credits under Section 31.1011
129	129	equal to 50 percent of the difference between that cost and the
130	130	limitation established under Section 31.025 for a textbook for that
131	131	subject and grade level, multiplied by the number of electronic
132	132	textbooks or instructional materials the district or school needs
133	133	for that subject and grade level.
134	134	(c) A school district or open-enrollment charter school
135	135	that selects a textbook that is not on the conforming or
136	136	nonconforming list or that selects an electronic textbook or
137	137	instructional material that is on the list adopted under Section
138	138	31.0231:
139	139	(1) is responsible for the portion of the cost of the
140	140	textbook that is not paid by the state under Subsection (b); and
141	141	(2) may use funds received from the state under
142	142	Subsection (b) or (b-1), as applicable, [only] for purchasing the
143	143	textbook, electronic textbook, or instructional material for which
144	144	the funds were received or supplementing the allotment under
145	145	Section 32.005 to purchase technological equipment according to
146	146	rules adopted by the commissioner.
147	147	(c-1) Notwithstanding any other provision of this chapter,
148	148	a school district or open-enrollment charter school must purchase a
149	149	classroom set of textbooks adopted by the State Board of Education
150	150	under Section 31.023 or 31.035 for each subject and grade level in
151	151	the foundation and enrichment curriculum.
152	152	(e) A school district or open-enrollment charter school
153	153	that selects a subscription-based electronic textbook or
154	154	instructional material on the conforming list under Section 31.023
155	155	or the list adopted under Section 31.0231 may cancel the
156	156	subscription and subscribe to a new electronic textbook or
157	157	instructional material on the conforming list under Section 31.023
158	158	or the list adopted under Section 31.0231 before the end of the
159	159	state contract period under Section 31.026 if:
160	160	(1) the district or school has used the electronic
161	161	textbook or instructional material for at least one school year;
162	162	and
163	163	(2) the agency approves the change based on a written
164	164	request to the agency by the district or school that specifies the
165	165	reasons for changing the electronic textbook or instructional
166	166	material used by the district or school.
167	167	SECTION 6. Section 31.1011(c), Education Code, is amended
168	168	to read as follows:
169	169	(c) Fifty percent of the total textbook credit of a school
170	170	district or open-enrollment charter school shall be credited to the
171	171	state textbook fund, and 50 percent of the credit shall be credited
172	172	to the district or school to apply toward the requisition of:
173	173	(1) additional textbooks or electronic textbooks that
174	174	are on the conforming or nonconforming list under Section 31.023 or
175	175	the components of such textbooks, including any electronic
176	176	components; [or]
177	177	(2) supplemental textbooks as provided by Section
178	178	31.035;
179	179	(3) electronic textbooks or instructional materials
180	180	on the list adopted under Section 31.0231; or
181	181	(4) technological equipment under Section 31.021(f).
182	182	SECTION 7. The heading to Section 31.152, Education Code,
183	183	is amended to read as follows:
184	184	Sec. 31.152. ACCEPTING REBATE ON TEXTBOOKS, ELECTRONIC
185	185	TEXTBOOKS, INSTRUCTIONAL MATERIALS, OR TECHNOLOGICAL EQUIPMENT.
186	186	SECTION 8. Sections 31.152(a) and (b), Education Code, are
187	187	amended to read as follows:
188	188	(a) A school trustee, administrator, or teacher commits an
189	189	offense if that person receives any commission or rebate on any
190	190	textbooks, electronic textbooks, instructional materials, or
191	191	technological equipment used in the schools with which the person
192	192	is associated as a trustee, administrator, or teacher.
193	193	(b) A school trustee, administrator, or teacher commits an
194	194	offense if the person accepts a gift, favor, or service that:
195	195	(1) is given to the person or the person's school;
196	196	(2) might reasonably tend to influence a trustee,
197	197	administrator, or teacher in the selection of a textbook,
198	198	electronic textbook, instructional material, or technological
199	199	equipment; and
200	200	(3) could not be lawfully purchased with funds from
201	201	the state textbook fund.
202	202	SECTION 9. Chapter 32, Education Code, is amended by adding
203	203	Subchapter H to read as follows:
204	204	SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM
205	205	Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The
206	206	commissioner by rule shall establish a computer lending pilot
207	207	program to provide computers to participating public schools that
208	208	make computers available for use by students and their parents.
209	209	Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The
210	210	commissioner shall establish procedures for the administration of
211	211	the pilot program, including procedures for distributing to
212	212	participating public schools:
213	213	(1) any surplus or salvage data processing equipment
214	214	available for distribution under the pilot program; or
215	215	(2) computers donated or purchased for that purpose
216	216	with funds from any available source, including a foundation,
217	217	private entity, governmental entity, and institution of higher
218	218	education.
219	219	Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible
220	220	to participate in the pilot program if:
221	221	(1) 50 percent or more of the students enrolled in the
222	222	school are educationally disadvantaged; and
223	223	(2) the school operates or agrees to operate a
224	224	computer lending program that:
225	225	(A) allows students and parents to borrow a
226	226	computer;
227	227	(B) includes an option for students and parents
228	228	to work toward owning a computer initially borrowed under the
229	229	school's lending program, subject to any applicable legal
230	230	restrictions regarding disposition of the computer involved;
231	231	(C) provides computer training for students and
232	232	parents; and
233	233	(D) operates outside regular school hours,
234	234	including operation until at least 7 p.m. on at least three days
235	235	each week.
236	236	Sec. 32.354. ANNUAL REPORT. Not later than January 1 of
237	237	each year, the commissioner shall submit a report to the
238	238	legislature regarding the computer lending pilot program
239	239	established under this subchapter.
240	240	Sec. 32.355. EXPIRATION. This subchapter expires September
241	241	1, 2014.
242	242	SECTION 10. Section 2175.128, Government Code, is amended
243	243	by adding Subsections (a-1) and (b-1) to read as follows:
244	244	(a-1) Notwithstanding Subsection (a), if a disposition of a
245	245	state agency's surplus or salvage data processing equipment is not
246	246	made under Section 2175.125 or 2175.184, the state agency shall
247	247	make the equipment available to the commissioner of education for
248	248	use in the computer lending pilot program established under
249	249	Subchapter H, Chapter 32, Education Code. If the commissioner of
250	250	education declines to take the equipment, the state agency shall
251	251	transfer the equipment in accordance with Subsection (a). The
252	252	state agency may not collect a fee or other reimbursement from the
253	253	commissioner of education for the equipment made available under
254	254	this subsection. This subsection expires September 1, 2014.
255	255	(b-1) Notwithstanding Subsection (b), if a disposition of
256	256	the surplus or salvage data processing equipment of a state
257	257	eleemosynary institution or an institution or agency of higher
258	258	education is not made under other law, the institution or agency
259	259	shall make the equipment available to the commissioner of education
260	260	for use in the computer lending pilot program established under
261	261	Subchapter H, Chapter 32, Education Code. If the commissioner of
262	262	education declines to take the equipment, the institution or agency
263	263	shall transfer the equipment in accordance with Subsection (b).
264	264	The state eleemosynary institution or institution or agency of
265	265	higher education may not collect a fee or other reimbursement from
266	266	the commissioner of education for the equipment made available
267	267	under this subsection. This subsection expires September 1, 2014.
268	268	SECTION 11. This Act takes effect immediately if it
269	269	receives a vote of two-thirds of all the members elected to each
270	270	house, as provided by Section 39, Article III, Texas Constitution.
271	271	If this Act does not receive the vote necessary for immediate
272	272	effect, this Act takes effect September 1, 2009.
273	273	______________________________ ______________________________
274	274	President of the Senate Speaker of the House
275	275	I certify that H.B. No. 4294 was passed by the House on May 4,
276	276	2009, by the following vote: Yeas 129, Nays 0, 1 present, not
277	277	voting; and that the House concurred in Senate amendments to H.B.
278	278	No. 4294 on May 29, 2009, by the following vote: Yeas 118, Nays 24,
279	279	2 present, not voting.
280	280	______________________________
281	281	Chief Clerk of the House
282	282	I certify that H.B. No. 4294 was passed by the Senate, with
283	283	amendments, on May 28, 2009, by the following vote: Yeas 31, Nays
284	284	0.
285	285	______________________________
286	286	Secretary of the Senate
287	287	APPROVED: __________________
288	288	Date
289	289	__________________
290	290	Governor