82R2564 PAM-D
By: Christian H.B. No. 560
A BILL TO BE ENTITLED
AN ACT
relating to electronic textbooks, state-developed open-source
textbooks, and other instructional materials for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.004, Education Code, is amended to
read as follows:
Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS,
ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
district and open-enrollment charter school shall annually certify
to the State Board of Education [and the commissioner] that, for
each subject in the required curriculum and each grade level, the
district provides each student with textbooks, electronic
textbooks, or instructional materials that cover all elements of
the essential knowledge and skills adopted by the State Board of
Education for that subject and grade level.
SECTION 2. Sections 31.0231(a), (c), (e), (f), (g), and
(h), Education Code, are amended to read as follows:
(a) The State Board of Education [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,
including tools, models, and investigative materials designed for
use as part of the foundation curriculum for science in
kindergarten through grade five.
(c) [Before the commissioner places an electronic textbook
or instructional material on the list adopted under Subsection (a),
the State Board of Education must be given an opportunity to comment
on the electronic textbook or instructional material.] An
electronic textbook or instructional material placed on the list
adopted under Subsection (a):
(1) must be reviewed and recommended to the State
Board of Education [commissioner] by a panel of recognized experts
in the subject area of the electronic textbook or instructional
material and experts in education technology;
(2) must satisfy criteria adopted for the purpose by
board [commissioner] rule; and
(3) must meet the National Instructional Materials
Accessibility Standard, to the extent practicable as determined by
the board [commissioner].
(e) The State Board of Education [commissioner] shall
update, as necessary, the list adopted under Subsection
(a). Before the board [commissioner] places an electronic
textbook or instructional material on the updated list, the
requirements of Subsection (c) must be met. Before the board
[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) After notice to the State Board of Education
[commissioner] explaining in detail the changes, the provider of an
electronic textbook or instructional material on the list adopted
under Subsection (a) may update the navigational features or
management system related to the electronic textbook or
instructional material.
(g) After notice to the State Board of Education
[commissioner] and a review by the board [commissioner], the
provider of an electronic textbook or instructional material on the
list adopted under Subsection (a) may update the content of the
electronic textbook or instructional material if needed to
accurately reflect current knowledge or information.
(h) The State Board of Education [commissioner] shall adopt
rules as necessary to administer [implement] this section. The
rules must:
(1) be consistent with Section 31.151 regarding the
duties of publishers and manufacturers, as appropriate, and the
imposition of a reasonable administrative penalty; and
(2) require public notice of an opportunity for the
submission of an electronic textbook or instructional material.
SECTION 3. Sections 31.071(a), (b), (d), and (e), Education
Code, are amended to read as follows:
(a) The State Board of Education [commissioner] may
purchase state-developed open-source textbooks in accordance with
this subchapter.
(b) The State Board of Education [commissioner]:
(1) shall purchase any state-developed open-source
textbooks through a competitive process; and
(2) may purchase more than one state-developed
open-source textbook for a subject or grade level.
(d) The State Board of Education [commissioner] may issue a
request for proposals for a state-developed open-source textbook:
(1) in accordance with the textbook review and
adoption cycle under Section 31.022; or
(2) at any other time the board [commissioner]
determines that a need exists for additional textbook options.
(e) The costs of administering this subchapter and
purchasing state-developed open-source textbooks shall be paid
from the state textbook fund, as determined by the State Board of
Education [commissioner].
SECTION 4. Section 31.072, Education Code, is amended to
read as follows:
Sec. 31.072. CONTENT REQUIREMENTS. (a) A state-developed
open-source textbook must:
(1) be evaluated by teachers or other experts, as
determined by the State Board of Education [commissioner], before
purchase; and
(2) meet the requirements for inclusion on a
conforming or nonconforming textbook list under Section 31.023.
(b) Following a curriculum revision by the State Board of
Education, the board [commissioner] shall require the revision of a
state-developed open-source textbook relating to that
curriculum. The board [commissioner] may, at any time, require an
additional revision of a state-developed open-source textbook or
contract for ongoing revisions of a textbook for a period not to
exceed the period under Section 31.022 for which a textbook for that
subject and grade level may be adopted. The board [commissioner]
shall use a competitive process to request proposals to revise a
state-developed open-source textbook under this subsection.
(c) The State Board of Education [commissioner] shall
provide for special and bilingual state-developed open-source
textbooks in the same manner provided under Sections 31.028 and
31.029.
SECTION 5. Sections 31.073(a) and (b), Education Code, are
amended to read as follows:
(a) For purposes of this section, the State Board of
Education [commissioner] shall determine the cost to a school
district or open-enrollment charter school for a state-developed
open-source textbook in an amount sufficient to cover state
expenses associated with the textbook, including expenses incurred
by the state in soliciting, evaluating, revising, and purchasing
the textbook.
(b) If a school district or open-enrollment charter school
selects a state-developed open-source textbook instead of another
textbook adopted under Subchapter B, the difference between the
cost determined by the State Board of Education [commissioner]
under Subsection (a) and the maximum price for a textbook in the
same subject area, as determined by the board [State Board of
Education] under Section 31.025, shall be allocated as follows:
(1) 50 percent of the amount shall be credited to the
state textbook fund under Section 31.021 to be used for purposes of
this subchapter; and
(2) 50 percent of the amount shall be credited to the
school district or open-enrollment charter school for use as
provided by Section 31.1011(c).
SECTION 6. Section 31.074, Education Code, is amended to
read as follows:
Sec. 31.074. DISTRIBUTION. (a) The State Board of Education
[commissioner] shall provide for the distribution of
state-developed open-source textbooks in a manner consistent with
distribution of textbooks adopted under Subchapter B.
(b) The State Board of Education [commissioner] may use a
competitive process to contract for printing or other reproduction
of a state-developed open-source textbook on behalf of a school
district or open-enrollment charter school. The board
[commissioner] may not require a school district or open-enrollment
charter school to contract with a state-approved provider for the
printing or reproduction of a state-developed open-source
textbook.
SECTION 7. Sections 31.075(b) and (c), Education Code, are
amended to read as follows:
(b) The State Board of Education [commissioner] shall
provide a license to each public school in the state, including a
school district, an open-enrollment charter school, and a state or
local agency educating students in any grade from prekindergarten
through high school, to use and reproduce a state-developed
open-source textbook.
(c) The State Board of Education [commissioner] may provide
a license to use a state-developed open-source textbook to an
entity not listed in Subsection (b). In determining the cost of a
license under this subsection, the board [commissioner] shall seek,
to the extent feasible, to recover the costs of developing,
revising, and distributing state-developed open-source textbooks.
SECTION 8. Sections 31.076 and 31.077, Education Code, are
amended to read as follows:
Sec. 31.076. RULES; FINALITY OF DECISIONS. (a) The State
Board of Education [commissioner] may adopt rules necessary to
administer [implement] this subchapter.
(b) A decision by the State Board of Education
[commissioner] regarding the purchase, revision, cost, or
distribution of a state-developed open-source textbook is final and
may not be appealed.
Sec. 31.077. ADOPTION SCHEDULE. The State Board of
Education [commissioner] shall develop a schedule for the adoption
of state-developed open-source textbooks under this subchapter. In
developing the adoption schedule under this section, the board
[commissioner] shall consider:
(1) the availability of funds;
(2) the existing textbook adoption cycles under
Subchapter B; and
(3) the availability of textbooks for development or
purchase by the state.
SECTION 9. Section 31.101(c), Education Code, is amended to
read as follows:
(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, 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 State Board of Education [commissioner].
SECTION 10. Section 31.103(e), Education Code, is amended
to read as follows:
(e) The State Board of Education [commissioner] may
establish a list of equipment or devices that a school district or
open-enrollment charter school may purchase using textbook credits
or textbook credits in combination with other available funds to
provide electronic access to open-source textbooks under
Subsection (d)(1).
SECTION 11. (a) All powers and duties of the commissioner
of education under Section 31.0231, Education Code, and under
Subchapter B-1, Chapter 31, Education Code, and all contracts and
other obligations of and licenses provided by the commissioner of
education under Subchapter B-1, Chapter 31, Education Code, are
transferred to the State Board of Education on November 1, 2011.
(b) A list adopted by the commissioner of education under
Section 31.0231(a), Education Code, that is in effect on the
effective date of this Act remains valid until updated by the State
Board of Education.
(c) The State Board of Education shall continue any ongoing
process for a request for proposal for a state-developed
open-source textbook that was issued by the commissioner of
education before the effective date of this Act.
(d) An adoption schedule developed by the commissioner of
education under Section 31.077, Education Code, that is in effect
on the effective date of this Act remains valid until revised by the
State Board of Education.
(e) A rule adopted by the commissioner of education in
connection with or relating to electronic textbooks or
instructional materials under Section 31.0231, Education Code, or
state-developed open-source textbooks under Subchapter B-1,
Chapter 31, Education Code, continues in effect until the rule is
amended or repealed by the State Board of Education.
SECTION 12. This Act takes effect September 1, 2011.