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Texas Senate Bill SB2275

Texas 2009 - 81st Regular

Texas Senate Bill SB2275 Compare Versions

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11 2009S0646-1 03/10/09
22 By: Seliger, et al. S.B. No. 2275
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the adoption of the public school curriculum and
88 textbooks; transferring authority from the State Board of Education
99 to the commissioner of education.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 28.001, Education Code, is amended to
1212 read as follows:
1313 Sec. 28.001. PURPOSE. It is the intent of the legislature
1414 that the essential knowledge and skills developed by the
1515 commissioner [State Board of Education] under this subchapter shall
1616 require all students to demonstrate the knowledge and skills
1717 necessary to read, write, compute, problem solve, think critically,
1818 apply technology, and communicate across all subject areas. The
1919 essential knowledge and skills shall also prepare and enable all
2020 students to continue to learn in postsecondary educational,
2121 training, or employment settings.
2222 SECTION 2. Subsections (b), (c), (f), (g), (h), (i), (j),
2323 (k), (l-3), (n), and (p), Section 28.002, Education Code, are
2424 amended to read as follows:
2525 (b) The commissioner [State Board of Education] by rule
2626 shall designate subjects constituting a well-balanced curriculum
2727 to be offered by a school district that does not offer kindergarten
2828 through grade 12.
2929 (c) The commissioner [State Board of Education], with the
3030 direct participation of educators, parents, business and industry
3131 representatives, and employers shall by rule identify the essential
3232 knowledge and skills of each subject of the required curriculum
3333 that all students should be able to demonstrate and that will be
3434 used in evaluating textbooks under Chapter 31 and addressed on the
3535 assessment instruments required under Subchapter B, Chapter 39. As
3636 a condition of accreditation, the commissioner [board] shall
3737 require each district to provide instruction in the essential
3838 knowledge and skills at appropriate grade levels.
3939 (f) A school district may offer courses for local credit in
4040 addition to those in the required curriculum. The commissioner
4141 [State Board of Education] shall be flexible in approving a course
4242 for credit for high school graduation under this subsection.
4343 (g) A local instructional plan may draw on state curriculum
4444 frameworks and program standards as appropriate. Each district is
4545 encouraged to exceed minimum requirements of law and commissioner
4646 [State Board of Education] rule. Each district shall ensure that
4747 all children in the district participate actively in a balanced
4848 curriculum designed to meet individual needs.
4949 (h) The commissioner [State Board of Education] and each
5050 school district shall foster the continuation of the tradition of
5151 teaching United States and Texas history and the free enterprise
5252 system in regular subject matter and in reading courses and in the
5353 adoption of textbooks. A primary purpose of the public school
5454 curriculum is to prepare thoughtful, active citizens who understand
5555 the importance of patriotism and can function productively in a
5656 free enterprise society with appreciation for the basic democratic
5757 values of our state and national heritage.
5858 (i) The commissioner [State Board of Education] shall adopt
5959 rules for the implementation of this subchapter. Except as
6060 provided by Subsection (j), the commissioner [board] may not adopt
6161 rules that designate the methodology used by a teacher or the time
6262 spent by a teacher or a student on a particular task or subject.
6363 (j) The commissioner [State Board of Education] by rule may
6464 require laboratory instruction in secondary science courses and may
6565 require a specific amount or percentage of time in a secondary
6666 science course that must be laboratory instruction.
6767 (k) The commissioner [State Board of Education], in
6868 consultation with the Department of State Health Services and the
6969 Texas Diabetes Council, shall develop a diabetes education program
7070 that a school district may use in the health curriculum under
7171 Subsection (a)(2)(B).
7272 (l-3)(1) This subsection may be cited as "Lauren's Law."
7373 (2) The commissioner [State Board of Education], the
7474 Department of State Health Services, or a school district may not
7575 adopt any rule, policy, or program under Subsections (a), (k), (l),
7676 (l-1), or (l-2) that would prohibit a parent or grandparent of a
7777 student from providing any food product of the parent's or
7878 grandparent's choice to:
7979 (A) children in the classroom of the child of the
8080 parent or grandparent on the occasion of the child's birthday; or
8181 (B) children at a school-designated function.
8282 (n) The commissioner [State Board of Education] may by rule
8383 develop and implement a plan designed to incorporate foundation
8484 curriculum requirements into the career and technology education
8585 curriculum under Subsection (a)(2)(F).
8686 (p) The commissioner [State Board of Education], in
8787 conjunction with the office of the attorney general, shall develop
8888 a parenting and paternity awareness program that a school district
8989 shall use in the district's high school health curriculum. The
9090 program must:
9191 (1) address parenting skills and responsibilities,
9292 including child support and other legal rights and responsibilities
9393 that come with parenthood;
9494 (2) address relationship skills, including money
9595 management, communication skills, and marriage preparation; and
9696 (3) in district high schools that do not have a family
9797 violence prevention program, address skills relating to the
9898 prevention of family violence.
9999 SECTION 3. Subsection (e), Section 28.0022, Education Code,
100100 is amended to read as follows:
101101 (e) Not later than September 1, 2009, the commissioner
102102 [State Board of Education] by rule shall revise the essential
103103 knowledge and skills of the career and technical education
104104 curriculum as provided by Section 28.002(c) based on the
105105 recommendations of the panel under Subsection (d). The
106106 commissioner [State Board of Education] shall require school
107107 districts to provide instruction in the career and technical
108108 education curriculum, as revised under this subsection, beginning
109109 with the 2010-2011 school year.
110110 SECTION 4. Subsections (b) and (c), Section 28.0023,
111111 Education Code, are amended to read as follows:
112112 (b) The commissioner [State Board of Education] by rule
113113 shall include elements relating to instruction in cardiopulmonary
114114 resuscitation and the use of an automated external defibrillator as
115115 part of the essential knowledge and skills of the health curriculum
116116 under Section 28.002(a)(2)(B).
117117 (c) This subsection applies only to a private school that
118118 receives an automated external defibrillator from the agency or
119119 receives funding from the agency to purchase or lease an automated
120120 external defibrillator. A private school shall provide instruction
121121 to students in cardiopulmonary resuscitation and the use of an
122122 automated external defibrillator in a manner consistent with the
123123 requirements of this section and commissioner [State Board of
124124 Education] rules adopted under this section.
125125 SECTION 5. Subchapter A, Chapter 28, Education Code, is
126126 amended by adding Section 28.0024 to read as follows:
127127 Sec. 28.0024. EDUCATOR TEAMS ON CURRICULUM AND TEXTBOOKS.
128128 (a) For each subject area undergoing a Texas essential knowledge
129129 and skills review for the adoption of a curriculum and textbooks,
130130 the commissioner shall appoint a team of educators, with each
131131 education region of the state represented by one member on the team.
132132 The commissioner shall make the appointments from among persons
133133 nominated by each regional education service center.
134134 (b) Each member appointed to a team must have experience in
135135 the subject area under review and have at least a bachelor's degree
136136 in that subject area, so that the teams are always composed of
137137 educators who are experts in that subject.
138138 (c) A team shall conduct reviews as prescribed by Subsection
139139 (e) and make recommendations to the commissioner on the curriculum
140140 and textbooks to be adopted for the subject area under review.
141141 (d) The commissioner shall make decisions on the adoption of
142142 curriculum and textbooks based on recommendations from the team
143143 appointed for the subject area under review.
144144 (e) The schedule of reviews under this section shall follow
145145 the same review cycle as that provided for the Texas essential
146146 knowledge and skills.
147147 SECTION 6. Subsections (d), (d-1), (e), and (f), Section
148148 28.008, Education Code, are amended to read as follows:
149149 (d) The commissioner [State Board of Education] shall
150150 incorporate college readiness standards and expectations approved
151151 by the commissioner of education and the Texas Higher Education
152152 Coordinating Board under Subsection (b) into the essential
153153 knowledge and skills identified by the commissioner [board] under
154154 Section 28.002(c).
155155 (d-1) Beginning with the 2008-2009 school year, the
156156 commissioner [State Board of Education] shall incorporate college
157157 readiness standards and expectations into the essential knowledge
158158 and skills of the foundation curriculum under Section 28.002(a)(1)
159159 for courses in which students in grades nine through 12 generally
160160 enroll, as determined by commissioner [board] rule. This
161161 subsection expires December 1, 2012.
162162 (e) Notwithstanding any other provision of this section,
163163 the commissioner [State Board of Education] retains its authority
164164 under Section 28.002 concerning the required curriculum.
165165 (f) Not later than September 1, 2011, the vertical teams
166166 shall complete the development of or establish minimum standards
167167 for the curricula and related materials under Subsection (b)(5).
168168 The vertical teams shall develop or establish minimum standards for
169169 the English language arts curricula and materials first, followed
170170 by mathematics, science, and social studies, respectively. The
171171 vertical teams shall complete the development of or establish
172172 minimum standards for the English language arts curricula and
173173 materials for approval by the commissioner [State Board of
174174 Education] not later than June 1, 2009. The English language arts
175175 curricula and online materials must be made available to high
176176 school students beginning with the 2009 fall semester, with the
177177 mathematics, science, and social studies curricula and online
178178 materials respectively becoming available each subsequent fall
179179 semester. This subsection expires December 1, 2012.
180180 SECTION 7. Subdivision (2), Subsection (d), Section 28.009,
181181 Education Code, is amended to read as follows:
182182 (2) "Sequence of courses" means career and technical
183183 education courses approved by the commissioner [State Board of
184184 Education], innovative courses approved by the commissioner [State
185185 Board of Education] that are provided for local credit, or a
186186 tech-prep program of study under Section 61.852.
187187 SECTION 8. Subsection (e), Section 28.011, Education Code,
188188 is amended to read as follows:
189189 (e) Before adopting rules identifying the essential
190190 knowledge and skills of a course offered under this section, the
191191 commissioner [State Board of Education] shall submit the proposed
192192 essential knowledge and skills to the attorney general. The
193193 attorney general shall review the proposed essential knowledge and
194194 skills to ensure that the course complies with the First Amendment
195195 to the United States Constitution, and the commissioner [board] may
196196 not adopt rules identifying the essential knowledge and skills of a
197197 course offered under this section without the attorney general's
198198 approval under this subsection.
199199 SECTION 9. Subsections (a) and (b), Section 28.013,
200200 Education Code, are amended to read as follows:
201201 (a) The commissioner [State Board of Education] shall
202202 assist in developing a nature science curriculum, in accordance
203203 with this section, the following entities, acting jointly:
204204 (1) the Outdoor School at Texas Tech University Center
205205 at Junction;
206206 (2) the Texas Science, Technology, Engineering, and
207207 Math (T-STEM) Center of Texas Tech University; and
208208 (3) South Llano River State Park.
209209 (b) The nature science curriculum must:
210210 (1) be designed for instruction of students in grades
211211 six through 12;
212212 (2) provide for grade-level appropriate instruction
213213 in essential knowledge and skills identified by the commissioner
214214 [State Board of Education] under Section 28.002 for:
215215 (A) science; and
216216 (B) mathematics, social studies, and language
217217 arts, to the extent practicable and relevant to nature science
218218 studies;
219219 (3) through participation in outdoor experiential
220220 learning projects in state parks, provide for the scientific study
221221 by students of:
222222 (A) conservation, wildlife or aquatic biology,
223223 range ecology, or other areas of nature science; and
224224 (B) problems affecting nature, such as threats to
225225 the watershed, and possible solutions to those problems; and
226226 (4) be designed to:
227227 (A) be capable of implementation in any state
228228 park;
229229 (B) use state park resources in providing
230230 instruction; and
231231 (C) be presented by classroom teachers and state
232232 park employees.
233233 SECTION 10. Subsections (a), (c), (e), and (f), Section
234234 28.014, Education Code, are amended to read as follows:
235235 (a) The commissioner of education and the commissioner of
236236 higher education shall develop and recommend to the commissioner
237237 [State Board of Education] for adoption under Section 28.002 the
238238 essential knowledge and skills of courses in college preparatory
239239 mathematics, science, social studies, and English language arts.
240240 The courses must be designed:
241241 (1) for students at the 12th grade level who do not
242242 meet college readiness standards on an end-of-course assessment
243243 instrument required under Section 39.023(c); and
244244 (2) to prepare students for success in entry-level
245245 college courses.
246246 (c) The agency, in consultation with the Texas Higher
247247 Education Coordinating Board, shall adopt an end-of-course
248248 assessment instrument for each course developed under this section
249249 to ensure the rigor of the course. A school district shall, in
250250 accordance with commissioner [State Board of Education] rules,
251251 administer the end-of-course assessment instrument to a student
252252 enrolled in a course developed under this section. Each school
253253 district shall adopt a policy that requires a student's performance
254254 on the end-of-course assessment instrument to account for 15
255255 percent of the student's final grade for the course. A student's
256256 performance on an end-of-course assessment instrument administered
257257 under this subsection may be used, on a scale of 0-40, in
258258 calculating whether the student satisfies the graduation
259259 requirements established under Section 39.025.
260260 (e) The commissioner [State Board of Education] shall adopt
261261 instructional materials for a course developed under this section
262262 in accordance with Chapter 31. The instructional materials must
263263 include technology resources that enhance the effectiveness of the
264264 course and draw on established best practices.
265265 (f) To the extent applicable, the commissioner shall draw
266266 from curricula and instructional materials developed under
267267 Sections 28.008 and 61.0763 in developing a course and related
268268 instructional materials under this section. Not later than
269269 September 1, 2010, the commissioner [State Board of Education]
270270 shall adopt essential knowledge and skills for each course
271271 developed under this section. The commissioner [State Board of
272272 Education] shall make each course developed under this section and
273273 the related instructional materials available to school districts
274274 not later than the 2014-2015 school year. As required by Subsection
275275 (c), a school district shall adopt a policy requiring a student's
276276 performance on an end-of-course assessment instrument administered
277277 under that subsection to account for 15 percent of the student's
278278 grade for a course developed under this section not later than the
279279 2014-2015 school year. This subsection expires September 1, 2015.
280280 SECTION 11. Section 28.023, Education Code, is amended to
281281 read as follows:
282282 Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines
283283 established by the commissioner [State Board of Education], a
284284 school district shall develop or select for commissioner [board]
285285 review examinations for acceleration for each primary school grade
286286 level and for credit for secondary school academic subjects. The
287287 guidelines must provide for the examinations to thoroughly test
288288 comprehension of the information presented in the applicable grade
289289 level or subject. The commissioner [board] shall approve
290290 examinations that satisfy commissioner [board] guidelines.
291291 (b) A school district shall give a student in a primary
292292 grade level credit for a grade level and advance the student one
293293 grade level on the basis of a commissioner-approved
294294 [board-approved] examination for acceleration if:
295295 (1) the student scores in the 90th percentile or above
296296 on each section of the examination;
297297 (2) a district representative recommends that the
298298 student be advanced; and
299299 (3) the student's parent or guardian gives written
300300 approval of the advancement.
301301 (c) A school district shall give a student in grade level
302302 six or above credit for a subject on the basis of a
303303 commissioner-approved [board-approved] examination for credit in
304304 the subject if the student scores in the 90th percentile or above on
305305 the examination. If a student is given credit in a subject on the
306306 basis of an examination, the district shall enter the examination
307307 score on the student's transcript.
308308 (d) Each district shall administer each examination not
309309 less than once a year, at times to be determined by the commissioner
310310 [State Board of Education].
311311 SECTION 12. Subsections (a), (b), (b-1), (b-2), (c), (d),
312312 and (e), Section 28.025, Education Code, are amended to read as
313313 follows:
314314 (a) The commissioner [State Board of Education] by rule
315315 shall determine curriculum requirements for the minimum,
316316 recommended, and advanced high school programs that are consistent
317317 with the required curriculum under Section 28.002.
318318 (b) A school district shall ensure that each student enrolls
319319 in the courses necessary to complete the curriculum requirements
320320 identified by the commissioner [State Board of Education] under
321321 Subsection (a) for the recommended or advanced high school program
322322 unless the student, the student's parent or other person standing
323323 in parental relation to the student, and a school counselor or
324324 school administrator agree that the student should be permitted to
325325 take courses under the minimum high school program.
326326 (b-1) The commissioner [State Board of Education] by rule
327327 shall require that:
328328 (1) except as provided by Subsection (b-2), the
329329 curriculum requirements for the recommended and advanced high
330330 school programs under Subsection (a) include a requirement that
331331 students successfully complete four courses in each subject of the
332332 foundation curriculum under Section 28.002(a)(1); and
333333 (2) one or more courses offered in the required
334334 curriculum for the recommended and advanced high school programs
335335 include a research writing component.
336336 (b-2) In adopting rules under Subsection (b-1), the
337337 commissioner [State Board of Education] shall allow a student to
338338 comply with the curriculum requirements for a mathematics course
339339 under Subsection (b-1)(1) taken after the successful completion of
340340 an Algebra II course or science course under Subsection (b-1)(1)
341341 taken after the successful completion of a physics course by
342342 successfully completing an advanced career and technical course
343343 designated by the commissioner [State Board of Education] as
344344 containing substantively similar and rigorous academic content. A
345345 student may use the option provided by this subsection for not more
346346 than two courses.
347347 (c) A person may receive a diploma if the person is eligible
348348 for a diploma under Section 28.0251. In other cases, a student may
349349 graduate and receive a diploma only if:
350350 (1) the student successfully completes the curriculum
351351 requirements identified by the commissioner [State Board of
352352 Education] under Subsection (a) and complies with Section 39.025;
353353 or
354354 (2) the student successfully completes an
355355 individualized education program developed under Section 29.005.
356356 (d) A school district may issue a certificate of coursework
357357 completion to a student who successfully completes the curriculum
358358 requirements identified by the commissioner [State Board of
359359 Education] under Subsection (a) but who fails to comply with
360360 Section 39.025. A school district may allow a student who receives
361361 a certificate to participate in a graduation ceremony with students
362362 receiving high school diplomas.
363363 (e) Each school district shall report the academic
364364 achievement record of students who have completed a minimum,
365365 recommended, or advanced high school program on transcript forms
366366 adopted by the commissioner [State Board of Education]. The
367367 transcript forms adopted by the commissioner [board] must be
368368 designed to clearly differentiate between each of the high school
369369 programs and identify whether a student received a diploma or a
370370 certificate of coursework completion.
371371 SECTION 13. Subdivision (2), Section 28.051, Education
372372 Code, is amended to read as follows:
373373 (2) "College advanced placement course" means a
374374 commissioner-approved [board-approved] high-school-level
375375 preparatory course for a college advanced placement test that
376376 incorporates all topics specified by the college board on its
377377 standard syllabus for a given subject area.
378378 SECTION 14. Section 28.054, Education Code, is amended to
379379 read as follows:
380380 Sec. 28.054. SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST
381381 OR INTERNATIONAL BACCALAUREATE EXAMINATION. (a) A student is
382382 entitled to a subsidy for a fee paid by the student to take a college
383383 advanced placement test or an international baccalaureate
384384 examination if the student demonstrates financial need. The
385385 commissioner [board] shall adopt guidelines for determining
386386 financial need consistent with the definition of financial need
387387 adopted by the college board or the International Baccalaureate
388388 Organization.
389389 (b) To obtain a subsidy under this section, a student must:
390390 (1) pay the fee for each test or examination for which
391391 the student seeks a subsidy; and
392392 (2) submit to the commissioner [board] through the
393393 student's guidance counselor a written application on a form
394394 prescribed by the commissioner demonstrating financial need and the
395395 amount of the fee paid by the student for each test or examination.
396396 (c) On approval by the commissioner [board], the agency may
397397 pay each eligible applicant an equal amount, not to exceed $25 for
398398 each applicant.
399399 SECTION 15. Subsection (b), Section 28.055, Education Code,
400400 is amended to read as follows:
401401 (b) To obtain an award under the program, a school must
402402 submit to the commissioner [board] a written application in a form,
403403 manner, and time prescribed by the commissioner.
404404 SECTION 16. Section 28.056, Education Code, is amended to
405405 read as follows:
406406 Sec. 28.056. APPLICATION FOR TEACHER AWARDS AND
407407 REIMBURSEMENTS. To obtain an award or reimbursement for training
408408 expenses under the program, a teacher must submit to the
409409 commissioner [board] a written application in a form, manner, and
410410 time prescribed by the commissioner.
411411 SECTION 17. Section 31.003, Education Code, is amended to
412412 read as follows:
413413 Sec. 31.003. RULES. The commissioner [State Board of
414414 Education] may adopt rules, consistent with this chapter, for the
415415 adoption, requisition, distribution, care, use, and disposal of
416416 textbooks.
417417 SECTION 18. Section 31.022, Education Code, is amended to
418418 read as follows:
419419 Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The
420420 commissioner [State Board of Education] shall adopt a review and
421421 adoption cycle for textbooks for elementary grade levels, including
422422 prekindergarten, and secondary grade levels, for each subject in
423423 the required curriculum under Section 28.002.
424424 (b) The commissioner [board] shall organize the cycle for
425425 subjects in the foundation curriculum so that not more than
426426 one-sixth of the textbooks for subjects in the foundation
427427 curriculum are reviewed each year. The commissioner [board] shall
428428 adopt rules to provide for a full and complete investigation of
429429 textbooks for each subject in the foundation curriculum at least
430430 every six years. The adoption of textbooks for a subject in the
431431 foundation curriculum may be extended beyond the six-year period
432432 only if the content of textbooks for a subject is sufficiently
433433 current.
434434 (c) The commissioner [board] shall adopt rules to provide
435435 for a full and complete investigation of textbooks for each subject
436436 in the enrichment curriculum on a cycle the commissioner [board]
437437 considers appropriate.
438438 (d) At least 24 months before the beginning of the school
439439 year for which textbooks for a particular subject and grade level
440440 will be purchased under the review and adoption cycle adopted by the
441441 commissioner [board], the commissioner [board] shall publish
442442 notice of the review and adoption cycle for those textbooks.
443443 (e) The commissioner [board] shall designate a request for
444444 production of textbooks in a subject area and grade level by the
445445 school year in which the textbooks are intended to be made available
446446 in classrooms and not by the school year in which the commissioner
447447 [board] makes the request for production.
448448 SECTION 19. Subsection (a), Section 31.0221, Education
449449 Code, is amended to read as follows:
450450 (a) The commissioner [State Board of Education] shall adopt
451451 rules for the midcycle review and adoption of a textbook for a
452452 subject for which textbooks are not currently under review by the
453453 commissioner [board] under Section 31.022. The rules must require:
454454 (1) the publisher of the textbook to pay a fee to the
455455 commissioner [board] to cover the cost of the midcycle review and
456456 adoption of the textbook;
457457 (2) the publisher of the textbook to enter into a
458458 contract with the commissioner [board] concerning the textbook for
459459 a term that ends at the same time as any contract entered into by the
460460 commissioner [board] for another textbook for the same subject and
461461 grade level; and
462462 (3) a commitment from the publisher to provide the
463463 textbook to school districts in the manner specified by the
464464 publisher, which may include:
465465 (A) providing the textbook to any district in a
466466 regional education service center area identified by the publisher;
467467 or
468468 (B) providing a certain maximum number of
469469 textbooks specified by the publisher.
470470 SECTION 20. Section 31.0222, Education Code, is amended to
471471 read as follows:
472472 Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
473473 review and adoption cycle of textbooks under Section 31.022, the
474474 commissioner [State Board of Education] shall:
475475 (1) consult with the Legislative Budget Board and the
476476 governor's office of budget, planning, and policy before approving
477477 and publishing any notice or amendment of a cycle;
478478 (2) review and consider:
479479 (A) historic average funding levels for
480480 textbooks purchased in previous bienniums;
481481 (B) expected average costs of future textbook
482482 purchases;
483483 (C) anticipated student enrollment in future
484484 years;
485485 (D) scheduled revisions to curriculum; and
486486 (E) the impact on the state budget of the
487487 adoption of textbooks in all or some grade levels in a subject area;
488488 and
489489 (3) limit the cycle to subject areas for which
490490 textbooks can be purchased with the funding anticipated to be
491491 available in the state textbook fund for the school year in which
492492 the textbooks are to be adopted.
493493 SECTION 21. Subsection (a), Section 31.023, Education Code,
494494 is amended to read as follows:
495495 (a) For each subject and grade level, the commissioner
496496 [State Board of Education] shall adopt two lists of textbooks. The
497497 conforming list includes each textbook submitted for the subject
498498 and grade level that meets applicable physical specifications
499499 adopted by the commissioner [State Board of Education] and contains
500500 material covering each element of the essential knowledge and
501501 skills of the subject and grade level in the student version of the
502502 textbook, as well as in the teacher version of the textbook, as
503503 determined by the commissioner [State Board of Education] under
504504 Section 28.002 and adopted under Section 31.024. The nonconforming
505505 list includes each textbook submitted for the subject and grade
506506 level that:
507507 (1) meets applicable physical specifications adopted
508508 by the commissioner [State Board of Education];
509509 (2) contains material covering at least half, but not
510510 all, of the elements of the essential knowledge and skills of the
511511 subject and grade level in the student version of the textbook, as
512512 well as in the teacher version of the textbook; and
513513 (3) is adopted under Section 31.024.
514514 SECTION 22. Section 31.024, Education Code, is amended to
515515 read as follows:
516516 Sec. 31.024. ADOPTION BY COMMISSIONER [STATE BOARD OF
517517 EDUCATION]. (a) By majority vote, the commissioner [State Board
518518 of Education] shall:
519519 (1) place each submitted textbook on a conforming or
520520 nonconforming list; or
521521 (2) reject a textbook submitted for placement on a
522522 conforming or nonconforming list.
523523 (b) Not later than December 1 of the year preceding the
524524 school year for which the textbooks for a particular subject and
525525 grade level will be purchased under the cycle adopted by the board
526526 under Section 31.022, the commissioner [board] shall provide the
527527 lists of adopted textbooks to each school district. Each
528528 nonconforming list must include the reasons an adopted textbook is
529529 not eligible for the conforming list.
530530 SECTION 23. Subsection (a), Section 31.025, Education Code,
531531 is amended to read as follows:
532532 (a) The commissioner [State Board of Education] shall set a
533533 limit on the cost that may be paid from the state textbook fund for a
534534 textbook placed on the conforming or nonconforming list for a
535535 particular subject and grade level. The commissioner [board] may
536536 not reject a textbook for placement on the conforming or
537537 nonconforming list because the textbook's price exceeds the limit
538538 established under this subsection.
539539 SECTION 24. Subsections (a) and (b), Section 31.026,
540540 Education Code, are amended to read as follows:
541541 (a) The commissioner [State Board of Education] shall
542542 execute a contract:
543543 (1) for the purchase of each adopted textbook other
544544 than an electronic textbook; and
545545 (2) for the purchase or licensing of each adopted
546546 electronic textbook.
547547 (b) A contract must require the publisher to provide the
548548 number of textbooks required by school districts in this state for
549549 the term of the contract, which must coincide with the
550550 commissioner's [board's] adoption cycle.
551551 SECTION 25. Subsections (a), (b), and (c), Section 31.028,
552552 Education Code, are amended to read as follows:
553553 (a) The commissioner [State Board of Education] may
554554 purchase special textbooks for the education of blind and visually
555555 impaired students in public schools. In addition, for a teacher who
556556 is blind or visually impaired, the commissioner [board] shall
557557 provide a teacher's edition in Braille or large type, as requested
558558 by the teacher, for each textbook the teacher uses in the
559559 instruction of students. The teacher edition must be available at
560560 the same time the student textbooks become available.
561561 (b) The publisher of an adopted textbook shall provide the
562562 agency with computerized textbook files for the production of
563563 Braille textbooks or other versions of textbooks to be used by
564564 students with disabilities, on request of the commissioner [State
565565 Board of Education]. A publisher shall arrange computerized
566566 textbook files in one of several optional formats specified by the
567567 commissioner [State Board of Education].
568568 (c) The commissioner [board] may also enter into agreements
569569 providing for the acceptance, requisition, and distribution of
570570 special textbooks and instructional aids pursuant to 20 U.S.C.
571571 Section 101 et seq. for use by students enrolled in:
572572 (1) public schools; or
573573 (2) private nonprofit schools, if state funds, other
574574 than for administrative costs, are not involved.
575575 SECTION 26. Section 31.029, Education Code, is amended to
576576 read as follows:
577577 Sec. 31.029. BILINGUAL TEXTBOOKS. The commissioner [board]
578578 shall purchase or otherwise acquire textbooks for use in bilingual
579579 education classes.
580580 SECTION 27. Section 31.030, Education Code, is amended to
581581 read as follows:
582582 Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board
583583 of Education] shall adopt rules to ensure that used textbooks sold
584584 to school districts and open-enrollment charter schools are not
585585 sample copies that contain factual errors. The rules may provide
586586 for the imposition of an administrative penalty in accordance with
587587 Section 31.151 against a seller of used textbooks who knowingly
588588 violates this section.
589589 SECTION 28. Subsections (a), (b), and (f), Section 31.035,
590590 Education Code, are amended to read as follows:
591591 (a) Notwithstanding any other provision of this subchapter,
592592 the commissioner [State Board of Education] may adopt supplemental
593593 textbooks that are not on the conforming or nonconforming list
594594 under Section 31.023. The commissioner [State Board of Education]
595595 may adopt a supplemental textbook under this section only if the
596596 textbook:
597597 (1) contains material covering one or more primary
598598 focal points or primary topics of a subject in the required
599599 curriculum under Section 28.002, as determined by the commissioner
600600 [State Board of Education];
601601 (2) is not designed to serve as the sole textbook for a
602602 full course;
603603 (3) meets applicable physical specifications adopted
604604 by the commissioner [State Board of Education]; and
605605 (4) is free from factual errors.
606606 (b) The commissioner [State Board of Education] shall
607607 identify the essential knowledge and skills identified under
608608 Section 28.002 that are covered by a supplemental textbook adopted
609609 by the commissioner [board] under this section.
610610 (f) A school district or open-enrollment charter school
611611 that requisitions supplemental textbooks under Subsection (d)(2)
612612 shall certify to the agency that the supplemental textbooks, in
613613 combination with any other textbooks or supplemental textbooks used
614614 by the district or school, cover the essential knowledge and skills
615615 identified under Section 28.002 by the commissioner [State Board of
616616 Education] for the subject and grade level for which the district or
617617 school is requisitioning the supplemental textbooks.
618618 SECTION 29. Subdivision (1), Section 28.051, Education
619619 Code, is repealed.
620620 SECTION 30. A rule adopted by the State Board of Education
621621 that relates to the adoption of a curriculum under Chapter 28,
622622 Education Code, as amended by this Act, or the adoption of a
623623 textbook under Subchapter B, Chapter 31, Education Code, as amended
624624 by this Act, is a rule of the commissioner of education and remains
625625 in effect until the rule is changed by the commissioner of
626626 education.
627627 SECTION 31. The changes in law made by this Act apply
628628 beginning with the 2009-2010 school year.
629629 SECTION 32. This Act takes effect immediately if it
630630 receives a vote of two-thirds of all the members elected to each
631631 house, as provided by Section 39, Article III, Texas Constitution.
632632 If this Act does not receive the vote necessary for immediate
633633 effect, this Act takes effect September 1, 2009.