82R4435 VOO-F
By: Frullo H.B. No. 2464
A BILL TO BE ENTITLED
AN ACT
relating to textbooks adopted by the State Board of Education for
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.023, Education Code, is amended to
read as follows:
Sec. 31.023. TEXTBOOK LISTS. (a) For each subject and
grade level, the State Board of Education shall adopt an exemplary
list, a conforming list, and a nonconforming list [two lists] of
textbooks. The exemplary list includes each textbook that complies
with the requirements of Subsection (a-1). The conforming list
includes each textbook submitted for the subject and grade level
that does not qualify for the exemplary list but meets applicable
physical specifications adopted by the State Board of Education and
contains material covering each element of the essential knowledge
and skills of the subject and grade level in the student version of
the textbook, as well as in the teacher version of the textbook, as
determined by the State Board of Education under Section 28.002 and
adopted under Section 31.024. The nonconforming list includes each
textbook submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted
by the State Board of Education;
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the textbook, as
well as in the teacher version of the textbook; and
(3) is adopted under Section 31.024.
(a-1) The exemplary list includes each textbook submitted
for the subject and grade level that:
(1) meets requirements of the conforming list under
Subsection (a); and
(2) incorporates technological and multimedia-based
elements in at least 50 percent of the textbook, as determined by
the State Board of Education, including:
(A) interactive simulations such as
three–dimensional models illustrating diagrams or concepts that
are paired with worksheets, assessments, projects, or other
materials delivered by technology;
(B) realistic applications of textbook subject
matter such as recorded interviews with experts, industry case
studies, and information on career options in the subject area; and
(C) multisensory instruction that accommodates
different learning styles of students, including auditory, visual,
and kinesthetic learners.
(b) Each textbook on an exemplary, [a] conforming, or
nonconforming list must be free from factual errors.
SECTION 2. Section 31.024, Education Code, is amended to
read as follows:
Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By
majority vote, the State Board of Education shall:
(1) place each submitted textbook on an exemplary, [a]
conforming, or nonconforming list; or
(2) reject a textbook submitted for placement on an
exemplary, [a] conforming, or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the textbooks for a particular subject and
grade level will be purchased under the cycle adopted by the board
under Section 31.022, the board shall provide the lists of adopted
textbooks to each school district. Each nonconforming list must
include the reasons an adopted textbook is not eligible for the
exemplary or conforming list.
SECTION 3. Sections 31.0241(b) and (c), Education Code, are
amended to read as follows:
(b) The State Board of Education shall place an open-source
textbook for a secondary-level course submitted for adoption by an
eligible institution on an exemplary, [a] conforming, or
nonconforming list if:
(1) the textbook is written, compiled, or edited
primarily by faculty of the eligible institution who specialize in
the subject area of the textbook;
(2) the eligible institution identifies each
contributing author;
(3) the appropriate department of the eligible
institution certifies the textbook for accuracy; and
(4) the eligible institution determines that the
textbook qualifies for placement on the exemplary, conforming, or
nonconforming list based on the extent to which the textbook covers
the essential knowledge and skills identified under Section 28.002
for the subject for which the textbook is written and certifies
that:
(A) for a textbook for a senior-level course, a
student who successfully completes a course based on the textbook
will be prepared, without remediation, for entry into the eligible
institution's freshman-level course in that subject; or
(B) for a textbook for a junior-level and
senior-level course, a student who successfully completes the
junior-level course based on the textbook will be prepared for
entry into the senior-level course.
(c) This section does not prohibit an eligible institution
from submitting a textbook for placement on an exemplary, [a]
conforming, or nonconforming list through any other adoption
process provided by this chapter.
SECTION 4. Section 31.025, Education Code, is amended to
read as follows:
Sec. 31.025. LIMITATION ON COST. (a) The State Board of
Education shall set a limit on the cost that may be paid from the
state textbook fund for a textbook placed on the exemplary,
conforming, or nonconforming list for a particular subject and
grade level. The board may not reject a textbook for placement on
the exemplary, conforming, or nonconforming list because the
textbook's price exceeds the limit established under this
subsection.
(b) Subject to Section 31.151, if a school district or
open-enrollment charter school selects a textbook from an
exemplary, [a] conforming, or nonconforming list that exceeds the
limit established under Subsection (a):
(1) the state shall pay the publisher an amount equal
to the limit established under Subsection (a) multiplied by the
number of textbooks the district or school requisitions; and
(2) the district or school is responsible for the
remainder of the cost.
SECTION 5. Section 31.0261, Education Code, is amended to
read as follows:
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
TEXTBOOKS. The State Board of Education may execute a contract for
the printing of an open-source textbook listed on the exemplary,
conforming, or nonconforming list. The contract must allow a school
district to requisition printed copies of an open-source textbook
as provided by Section 31.103.
SECTION 6. Sections 31.035(a), (d), and (e), Education
Code, are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the State Board of Education may adopt supplemental textbooks that
are not on the exemplary, conforming, or nonconforming list under
Section 31.023. The State Board of Education may adopt a
supplemental textbook under this section only if the textbook:
(1) contains material covering one or more primary
focal points or primary topics of a subject in the required
curriculum under Section 28.002, as determined by the State Board
of Education;
(2) is not designed to serve as the sole textbook for a
full course;
(3) meets applicable physical specifications adopted
by the State Board of Education; and
(4) is free from factual errors.
(d) A school district or open-enrollment charter school may
requisition a supplemental textbook adopted under this section only
if the district or school:
(1) uses textbook credits received under Section
31.1011 to purchase the supplemental textbook; or
(2) instead of requisitioning a textbook on the
exemplary or conforming list under Section 31.023 for a course in
the foundation curriculum under Section 28.002, requisitions the
supplemental textbook along with other supplemental textbooks or
textbooks on the nonconforming list under Section 31.023 that in
combination cover each element of the essential knowledge and
skills for the course for which the district or school is
requisitioning the supplemental textbooks.
(e) If the total cost for the supplemental textbooks
requisitioned by a school district or open-enrollment charter
school under Subsection (d)(2) for a course is less than the limit
on the cost under Section 31.025(a) for a single textbook on the
exemplary or conforming list for the course, the district or school
is entitled to receive credit under Section 31.1011 in the same
manner as if the single textbook were selected. If the total cost
for the supplemental textbooks requisitioned by a school district
or open-enrollment charter school under Subsection (d)(2) for a
course is greater than the limit on the cost under Section 31.025(a)
for a single textbook on the exemplary or conforming list for the
course, the district or school may apply credits received under
Section 31.1011 toward the difference for the supplemental
textbooks.
SECTION 7. Section 31.072(a), Education Code, is amended to
read as follows:
(a) A state-developed open-source textbook must:
(1) be evaluated by teachers or other experts, as
determined by the commissioner, before purchase; and
(2) meet the requirements for inclusion on an
exemplary, [a] conforming, or nonconforming textbook list under
Section 31.023.
SECTION 8. Sections 31.101(a), (b), (c), (d), and (e),
Education Code, are amended 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 exemplary, 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
exemplary, 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 exemplary, conforming, or nonconforming list.
(b) If a school district or open-enrollment charter school
selects a textbook for a particular subject in the enrichment
curriculum and grade level that is not on the exemplary,
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 exemplary, 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, for purchasing the
textbook, electronic textbook, or instructional material 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.
(d) For a textbook that is not on the exemplary, 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) A school district or open-enrollment charter school
that selects a subscription-based electronic textbook or
instructional material on the exemplary or conforming list under
Section 31.023 or the list adopted under Section 31.0231 may cancel
the subscription and subscribe to a new electronic textbook or
instructional material on the exemplary or conforming list under
Section 31.023 or the list adopted under Section 31.0231 before the
end of the state contract period under Section 31.026 if:
(1) the district or school has used the electronic
textbook or instructional material for at least one school year;
and
(2) the agency approves the change based on a written
request to the agency by the district or school that specifies the
reasons for changing the electronic textbook or instructional
material used by the district or school.
SECTION 9. Section 31.1011(c), Education Code, is amended
to read as follows:
(c) Fifty percent of the total textbook credit of a school
district or open-enrollment charter school shall be credited to the
state textbook fund, and 50 percent of the credit shall be credited
to the district or school to apply toward the requisition of:
(1) additional textbooks or electronic textbooks that
are on the exemplary, conforming, or nonconforming list under
Section 31.023 or the components of such textbooks, including any
electronic components;
(2) supplemental textbooks as provided by Section
31.035;
(3) electronic textbooks or instructional materials
on the list adopted under Section 31.0231; or
(4) technological equipment under Section 31.021(f).
SECTION 10. Sections 31.103(b) and (c), Education Code, are
amended to read as follows:
(b) A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided. A school district or open-enrollment charter school
shall make a requisition for a textbook on the exemplary,
conforming, or nonconforming list through the commissioner to the
state depository designated by the publisher or as provided by
State Board of Education rule, as applicable, not later than June 1
of each year. The designated state depository or, if the publisher
or manufacturer does not have a designated textbook depository in
this state under Section 31.151(a)(6)(B), the publisher or
manufacturer shall fill a requisition approved by the agency at any
other time in the case of an emergency. As made necessary by
available funds, the commissioner shall reduce the additional
percentage of attendance for which a district or school may
requisition textbooks. The commissioner may, on application of a
district or school that is experiencing high enrollment growth,
increase the additional percentage of attendance for which the
district or school may requisition textbooks.
(c) In making a requisition under this section, a school
district or open-enrollment charter school may requisition
textbooks on the exemplary, conforming, or nonconforming list for
grades above the grade level in which a student is enrolled, except
that the total quantity of textbooks requisitioned under this
section may not exceed the limit prescribed by Subsection (b).
SECTION 11. Section 31.1031, Education Code, is amended to
read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
school district or open-enrollment charter school does not have a
sufficient number of copies of a textbook used by the district or
school for use during the following school year, and a sufficient
number of additional copies will not be available from the
depository or the publisher within the time specified by Section
31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a
rate and in the manner provided by State Board of Education rule,
for the purchase of a sufficient number of used adopted textbooks;
or
(2) return currently used textbooks to the
commissioner in exchange for sufficient copies, if available, of
other textbooks on the exemplary, conforming, or nonconforming list
to be used during the following school year.
SECTION 12. The change in law made by Section 31.023,
Education Code, as amended by this Act, applies only to the adoption
of textbooks for which the State Board of Education publishes
notice of the review and adoption cycle under Section 31.022(d),
Education Code, on or after the effective date of this Act. The
adoption of textbooks for which the State Board of Education
publishes notice of the review and adoption cycle before the
effective date of this Act is governed by the law in effect on the
date of the publication of the notice of the review and adoption
cycle, and the former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2011.