82R13759 CAE-D
By: Shapiro S.B. No. 6
A BILL TO BE ENTITLED
AN ACT
relating to the foundation curriculum, the establishment of the
instructional materials allotment, and the adoption, review, and
purchase of instructional materials and technological equipment
for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.055(b)(28), Education Code, is amended
to read as follows:
(28) The commissioner shall perform duties relating to
the funding, adoption, and purchase of instructional materials
[textbooks] under Chapter 31.
SECTION 2. Section 7.056(f), Education Code, is amended to
read as follows:
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.102 or 39.103 may receive an exemption or waiver under this
section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, E, and J, Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
(4) [textbook] selection of instructional materials
under Chapter 31.
SECTION 3. Section 7.102(c)(23), Education Code, is amended
to read as follows:
(23) The board shall adopt and purchase or license
instructional materials [textbooks] as provided by Chapter 31 and
adopt rules required by that chapter.
SECTION 4. Sections 7.108(a) and (c), Education Code, are
amended to read as follows:
(a) A person interested in selling bonds of any type or a
person engaged in manufacturing, shipping, selling, or advertising
instructional materials [textbooks] or otherwise connected with
the instructional material [textbook] business commits an offense
if the person makes or authorizes a political contribution to or
takes part in, directly or indirectly, the campaign of any person
seeking election to or serving on the board.
(c) In this section:
(1) "Instructional material" has the meaning assigned
by Section 31.002.
(2) "Political contribution" has the meaning assigned
by Section 251.001, Election Code.
[(2) "Textbook" has the meaning assigned by Section
31.002.]
SECTION 5. The heading to Section 7.112, Education Code, is
amended to read as follows:
Sec. 7.112. REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
SECTION 6. Section 7.112(a), Education Code, is amended to
read as follows:
(a) A former member of the State Board of Education who is
employed by or otherwise receives compensation from a [textbook]
publisher of instructional materials may not, before the second
anniversary of the date on which the person last served as a member
of the State Board of Education:
(1) confer with a member of the board of trustees of a
school district concerning instructional materials [a textbook]
published by that [textbook] publisher; or
(2) appear at a meeting of the board of trustees on
behalf of the [textbook] publisher.
SECTION 7. Section 7.112(c)(2), Education Code, is amended
to read as follows:
(2) "Instructional material" and "publisher"
["Publisher" and "textbook"] have the meanings assigned by Section
31.002.
SECTION 8. Section 11.158(b), Education Code, is amended to
read as follows:
(b) The board may not charge fees for:
(1) instructional materials [textbooks], workbooks,
laboratory supplies, or other supplies necessary for participation
in any instructional course except as authorized under this code;
(2) field trips required as a part of a basic education
program or course;
(3) any specific form of dress necessary for any
required educational program or diplomas;
(4) the payment of instructional costs for necessary
school personnel employed in any course or educational program
required for graduation;
(5) library materials [books] required to be used for
any educational course or program, other than fines for lost,
damaged, or overdue materials [books];
(6) admission to any activity the student is required
to attend as a prerequisite to graduation;
(7) admission to or examination in any required
educational course or program; or
(8) lockers.
SECTION 9. Section 11.164(a), Education Code, is amended to
read as follows:
(a) The board of trustees of each school district shall
limit redundant requests for information and the number and length
of written reports that a classroom teacher is required to prepare.
A classroom teacher may not be required to prepare any written
information other than:
(1) any report concerning the health, safety, or
welfare of a student;
(2) a report of a student's grade on an assignment or
examination;
(3) a report of a student's academic progress in a
class or course;
(4) a report of a student's grades at the end of each
grade reporting period;
(5) a [textbook] report on instructional materials;
(6) a unit or weekly lesson plan that outlines, in a
brief and general manner, the information to be presented during
each period at the secondary level or in each subject or topic at
the elementary level;
(7) an attendance report;
(8) any report required for accreditation review;
(9) any information required by a school district that
relates to a complaint, grievance, or actual or potential
litigation and that requires the classroom teacher's involvement;
or
(10) any information specifically required by law,
rule, or regulation.
SECTION 10. Section 19.007(e), Education Code, is amended
to read as follows:
(e) The district may participate in the instructional
materials [textbook] program under Chapter 31.
SECTION 11. Sections 26.006(a) and (c), Education Code, are
amended to read as follows:
(a) A parent is entitled to:
(1) review all teaching materials, instructional
materials [textbooks], and other teaching aids used in the
classroom of the parent's child; and
(2) review each test administered to the parent's
child after the test is administered.
(c) A student's parent is entitled to request that the
school district or open-enrollment charter school the student
attends allow the student to take home any instructional materials
[textbook] used by the student. Subject to the availability of the
instructional materials [a textbook], the district or school shall
honor the request. A student who takes home instructional
materials [a textbook] must return the instructional materials
[textbook] to school at the beginning of the next school day if
requested to do so by the student's teacher. In this subsection,
"instructional material" ["textbook"] has the meaning assigned by
Section 31.002.
SECTION 12. Sections 28.002(a), (c), (h), and (n),
Education Code, are amended to read as follows:
(a) Each school district that offers kindergarten through
grade 12 shall offer, as a required curriculum:
(1) a foundation curriculum that includes:
(A) English language arts;
(B) mathematics;
(C) science; and
(D) social studies, consisting of Texas, United
States, and world history, government, economics, with emphasis on
the free enterprise system and its benefits, and geography; and
(2) an enrichment curriculum that includes:
(A) to the extent possible, languages other than
English;
(B) health, with emphasis on the importance of
proper nutrition and exercise;
(C) physical education;
(D) fine arts;
(E) [economics, with emphasis on the free
enterprise system and its benefits;
[(F)] career and technology education;
(F) [(G)] technology applications; and
(G) [(H)] religious literature, including the
Hebrew Scriptures (Old Testament) and New Testament, and its impact
on history and literature.
(c) The State Board of Education, with the direct
participation of educators, parents, business and industry
representatives, and employers shall by rule identify the essential
knowledge and skills of each subject of the required curriculum
that all students should be able to demonstrate and that will be
used in evaluating instructional materials [textbooks] under
Chapter 31 and addressed on the assessment instruments required
under Subchapter B, Chapter 39. As a condition of accreditation,
the board shall require each district to provide instruction in the
essential knowledge and skills at appropriate grade levels.
(h) The State Board of Education and each school district
shall foster the continuation of the tradition of teaching United
States and Texas history and the free enterprise system in regular
subject matter and in reading courses and in the adoption of
instructional materials [textbooks]. A primary purpose of the
public school curriculum is to prepare thoughtful, active citizens
who understand the importance of patriotism and can function
productively in a free enterprise society with appreciation for the
basic democratic values of our state and national heritage.
(n) The State Board of Education may by rule develop and
implement a plan designed to incorporate foundation curriculum
requirements into the career and technology education curriculum
under Subsection (a)(2)(E) [(a)(2)(F)].
SECTION 13. Sections 28.0022(a) and (d), Education Code,
are amended to read as follows:
(a) Not later than November 1, 2007, the agency shall
establish a panel under this section to:
(1) review and recommend revisions to the career and
technical education curriculum under Section 28.002(a)(2)(E)
[28.002(a)(2)(F)]; and
(2) review and recommend revisions for the program in
which high schools and articulated postsecondary institutions
allow high school students to take advanced technical credit
courses.
(d) Not later than November 1, 2008, the panel shall:
(1) complete the review as required by this section
of:
(A) the career and technical education
curriculum; and
(B) the program under which high schools and
articulated postsecondary institutions allow high school students
to take advanced technical credit courses; and
(2) make recommendations to the State Board of
Education as necessary to:
(A) increase the academic rigor of the career and
technical education curriculum under Section 28.002(a)(2)(E)
[28.002(a)(2)(F)]; and
(B) improve and increase participation in the
program under which high schools and articulated postsecondary
institutions allow high school students to take advanced technical
credit courses.
SECTION 14. Section 28.003(b), Education Code, is amended
to read as follows:
(b) In this section, "educational program" means a course or
series of courses in the required curriculum under Section 28.002,
other than a fine arts course under Section 28.002(a)(2)(D) or a
career and technology course under Section 28.002(a)(2)(E)
[28.002(a)(2)(F)].
SECTION 15. Section 28.011(c), Education Code, is amended
to read as follows:
(c) A student may not be required to use a specific
translation as the sole text of the Hebrew Scriptures or New
Testament and may use as the basic instructional material
[textbook] a different translation of the Hebrew Scriptures or New
Testament from that chosen by the board of trustees of the student's
school district or the student's teacher.
SECTION 16. The heading to Chapter 31, Education Code, is
amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
SECTION 17. Section 31.001, Education Code, is amended to
read as follows:
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
Instructional materials [Textbooks] selected for use in the public
schools shall be furnished without cost to the students attending
those schools. Except as provided by Section 31.104(d), a school
district may not charge a student for instructional material or
technological equipment purchased by the district with the
district's instructional materials allotment.
SECTION 18. Sections 31.002(1), (1-a), (2), and (4),
Education Code, are amended to read as follows:
(1) "Instructional material" ["Electronic textbook"]
means content that conveys the essential knowledge and skills of a
subject in the public school curriculum through a medium or a
combination of media for conveying information to a student. The
term includes a book, supplementary materials, a combination of a
book, workbook, and supplementary materials, computer software,
[interactive videodisc,] magnetic media, DVD, CD-ROM, computer
courseware, on-line services, or an electronic medium, or other
means of conveying information to the student or otherwise
contributing to the learning process through electronic means,
including [an] open-source instructional material [textbook].
(1-a) "Open-source instructional material"
[textbook"] means [an] electronic instructional material
[textbook] that is available for downloading from the Internet at
no charge to a student and without requiring the purchase of an
unlock code, membership, or other access or use charge, except for a
charge to order an optional printed copy of all or part of the
instructional material [textbook]. The term includes [a]
state-developed open-source instructional material [textbook]
purchased under Subchapter B-1.
(2) "Publisher" includes an on-line service or a
developer or distributor of [an] electronic instructional
materials [textbook].
(4) "Technological equipment" means hardware, a
device, or equipment necessary for:
(A) instructional use in the classroom,
including to gain access to or enhance the use of [an] electronic
instructional materials [textbook]; or
(B) professional use by a classroom teacher.
SECTION 19. Subchapter A, Chapter 31, Education Code, is
amended by amending Sections 31.003 and 31.004 and adding Section
31.005 to read as follows:
Sec. 31.003. RULES. The State Board of Education may adopt
rules, consistent with this chapter, for the adoption, requisition,
distribution, care, use, and disposal of instructional materials
[textbooks].
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 foundation [required] curriculum under Section
28.002 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.
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
An open-enrollment charter school is entitled to the instructional
materials allotment under this chapter and is subject to this
chapter as if the school were a school district.
SECTION 20. The heading to Section 31.021, Education Code,
is amended to read as follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
FUND.
SECTION 21. Section 31.021, Education Code, is amended by
amending Subsections (a) and (d) and adding Subsection (c) to read
as follows:
(a) The state instructional materials [textbook] fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, in accordance with Section
43.001(d); and
(2) [all funds accruing from the state's sale of
disused textbooks; and
[(3)] all amounts lawfully paid into the fund from any
other source.
(c) Money in the state instructional materials fund shall be
used to:
(1) fund the instructional materials allotment, as
provided by Section 31.0211;
(2) purchase special instructional materials for the
education of blind and visually impaired students in public
schools;
(3) pay the expenses associated with the instructional
materials adoption and review process under this chapter;
(4) pay the expenses associated with the purchase or
licensing of open-source instructional material, to the extent
authorized by the General Appropriations Act; and
(5) pay the expenses associated with the purchase of
instructional material, including freight, shipping, and insurance
expenses.
(d) Money transferred to the state instructional materials
[textbook] fund remains in the fund until spent and does not lapse
to the state at the end of the fiscal year.
SECTION 22. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214
to read as follows:
Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) A
school district is entitled to an annual allotment from the state
instructional materials fund for each student enrolled in the
district on a date during the preceding school year specified by the
commissioner. The commissioner shall determine the amount of the
allotment per student each year on the basis of the amount of money
available in the state instructional materials fund to fund the
allotment. An allotment under this section shall be transferred
from the state instructional materials fund to the credit of the
district's instructional materials account as provided by Section
31.0212.
(b) A juvenile justice alternative education program under
Section 37.011 is entitled to an allotment from the state
instructional materials fund in an amount determined by the
commissioner. The program shall use the allotment to purchase
items listed in Subsection (c) for students enrolled in the
program. The commissioner's determination under this subsection is
final and may not be appealed.
(c) Subject to Subsection (d), funds allotted under this
section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the conforming or
nonconforming list, as provided by Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) supplemental instructional materials, as
provided by Section 31.035;
(F) state-developed open-source instructional
materials, as provided by Subchapter B-1;
(G) instructional materials and technological
equipment under any continuing contracts of the district in effect
on September 1, 2011; and
(H) technological equipment necessary to support
the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section; and
(2) pay for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use.
(d) Each year a school district shall use the district's
allotment under this section to purchase:
(1) a sufficient quantity of instructional materials
or technological equipment that corresponds to the adoption cycle
under Section 31.022;
(2) instructional materials necessary to permit the
district to certify that the district has instructional materials
that cover all elements of the essential knowledge and skills of the
foundation curriculum for each grade level as required by Section
31.004; and
(3) any other instructional materials or
technological equipment as determined by the district.
(d-1) Notwithstanding Subsection (d), for the state fiscal
year beginning September 1, 2011, a school district may use an
allotment received under this section to purchase any combination
of:
(1) instructional materials available for selection
under the 2011 proclamation issued by the State Board of Education;
or
(2) other instructional materials or technological
equipment available to the district under a continuing contract in
effect on September 1, 2011.
(d-2) Subsection (d-1) and this subsection expire August
31, 2012.
(e) Not later than May 31 of each school year, a school
district may request that the commissioner adjust the number of
students for which the district is entitled to receive an allotment
under Subsection (a) on the grounds that the number of students
attending school in the district will increase or decrease during
the school year for which the allotment is provided. The
commissioner may also adjust the number of students for which a
district is entitled to receive an allotment, without a request by
the district, if the commissioner determines a different number of
students is a more accurate reflection of students who will be
attending school in the district. The commissioner's determination
under this subsection is final.
(f) The commissioner may adopt rules as necessary to
implement this section.
Sec. 31.0212. INSTRUCTIONAL MATERIALS ACCOUNT. (a) The
commissioner shall maintain an instructional materials account for
each school district. Each school year, the commissioner shall
deposit in the account for each district the amount of the
district's instructional materials allotment under Section
31.0211.
(b) The commissioner shall pay the cost of instructional
materials requisitioned by a school district under Section 31.103
using funds from the district's instructional materials account.
(c) A school district may also use funds in the district's
account to purchase electronic instructional materials or
technological equipment. The district shall submit to the
commissioner a request for funds for this purpose from the
district's account. The commissioner shall adopt rules regarding
the documentation a school district must submit to receive funds
under this subsection.
(d) Money deposited in a school district's instructional
materials account during each state fiscal biennium remains in the
account and available for use by the district for the entire
biennium. At the end of each biennium, a district with unused money
in the district's account may carry forward any remaining balance
to the next biennium.
(e) The commissioner may adopt rules as necessary to
implement this section.
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
MATERIALS ALLOTMENT. Each school district shall annually certify
to the commissioner that the district's instructional materials
allotment has been used only for expenses allowed by Section
31.0211.
Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
DISTRICTS. (a) Each year the commissioner shall adjust the
instructional materials allotment of school districts experiencing
high enrollment growth. The commissioner shall establish a
procedure for determining high enrollment growth districts
eligible to receive an adjustment under this section and the amount
of the instructional materials allotment those districts will
receive.
(b) The commissioner may adopt rules as necessary to
implement this section.
SECTION 23. The heading to Section 31.022, Education Code,
is amended to read as follows:
Sec. 31.022. INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
ADOPTION.
SECTION 24. Section 31.022, Education Code, is amended by
amending Subsections (a), (b), (c), (e), and (f) and adding
Subsection (b-1) to read as follows:
(a) The State Board of Education shall adopt a review and
adoption cycle for instructional materials [textbooks] for
elementary grade levels, including prekindergarten, and secondary
grade levels, for each subject in the required curriculum under
Section 28.002. In adopting the cycle, the board:
(1) is not required to review and adopt instructional
materials for all grade levels in a single year; and
(2) shall give priority to instructional materials for
subjects in the following order:
(A) foundation curriculum subjects for which the
essential knowledge and skills have been substantially revised and
for which assessment instruments are required under Subchapter B,
Chapter 39, including career and technology courses that satisfy
foundation curriculum requirements as provided by Section
28.002(n);
(B) foundation curriculum subjects for which the
essential knowledge and skills have been substantially revised,
including career and technology courses that satisfy foundation
curriculum requirements as provided by Section 28.002(n);
(C) foundation curriculum subjects not described
by Paragraph (A) or (B), including career and technology courses
that satisfy foundation curriculum requirements as provided by
Section 28.002(n); and
(D) enrichment curriculum subjects.
(b) The board shall organize the cycle for subjects in the
foundation curriculum so that not more than one-fourth [one-sixth]
of the instructional materials [textbooks] for subjects in the
foundation curriculum are reviewed each biennium [year]. The board
shall adopt rules to provide for a full and complete investigation
of instructional materials [textbooks] for each subject in the
foundation curriculum [at least] every eight [six] years. The
adoption of instructional materials [textbooks] for a subject in
the foundation curriculum may be extended beyond the eight-year
[six-year] period only if the content of instructional materials
[textbooks] for a subject is sufficiently current.
(b-1) For the biennium beginning September 1, 2011, the
board shall review and adopt instructional materials for English
language arts. This subsection expires September 1, 2013.
(c) The board shall adopt rules to provide for a full and
complete investigation of instructional materials [textbooks] for
each subject in the enrichment curriculum on a cycle the board
considers appropriate.
(e) The board shall designate a request for production of
instructional materials [textbooks] in a subject area and grade
level by the school year in which the instructional materials
[textbooks] are intended to be made available in classrooms and not
by the school year in which the board makes the request for
production.
(f) The board shall amend any request for production issued
for the purchase of instructional materials [textbooks] to conform
to the instructional materials [textbook] funding levels provided
by the General Appropriations Act for the year of implementation.
SECTION 25. Section 31.0221, Education Code, is amended to
read as follows:
Sec. 31.0221. MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS]. (a) The State Board of Education shall
adopt rules for the midcycle review and adoption of instructional
material [a textbook] for a subject for which instructional
materials [textbooks] are not currently under review by the board
under Section 31.022. The rules must require:
(1) the publisher of the instructional material
[textbook] to pay a fee to the board to cover the cost of the
midcycle review and adoption of the instructional material
[textbook];
(2) the publisher of the instructional material
[textbook] to enter into a contract with the board concerning the
instructional material [textbook] for a term that ends at the same
time as any contract entered into by the board for other
instructional materials [another textbook] for the same subject and
grade level; and
(3) a commitment from the publisher to provide the
instructional material [textbook] to school districts in the manner
specified by the publisher, which may include:
(A) providing the instructional material
[textbook] to any district in a regional education service center
area identified by the publisher; or
(B) providing a certain maximum number of
instructional materials [textbooks] specified by the publisher.
(b) Sections 31.023 and 31.024 apply to instructional
material [a textbook] adopted under this section. Section 31.027
does not apply to instructional material [a textbook] adopted under
this section.
SECTION 26. Section 31.023, Education Code, is amended to
read as follows:
Sec. 31.023. INSTRUCTIONAL MATERIAL [TEXTBOOK] LISTS. (a)
For each subject and grade level, the State Board of Education shall
adopt two lists of instructional materials [textbooks]. The
conforming list includes each instructional material [textbook]
submitted for the subject and grade level that 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 instructional material [textbook], as well as in the teacher
version of the instructional material [textbook], as determined by
the State Board of Education under Section 28.002 and adopted under
Section 31.024. The nonconforming list includes each instructional
material [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 instructional
material [textbook], as well as in the teacher version of the
instructional material [textbook]; and
(3) is adopted under Section 31.024.
(b) Each instructional material [textbook] on a conforming
or nonconforming list must be free from factual errors.
SECTION 27. Section 31.0231, Education Code, is amended to
read as follows:
Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a
list of:
(1) electronic instructional material [textbooks];
and
(2) science [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.
(b) A school district may select [an electronic textbook or
instructional] material on the list adopted under Subsection (a) to
be funded by the district's instructional materials allotment
[state textbook fund] under Section 31.0211 [31.021].
(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.
Material [An electronic textbook or instructional material] placed
on the list adopted under Subsection (a):
(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;
(2) must satisfy criteria adopted for the purpose by
commissioner rule; and
(3) must meet the National Instructional Materials
Accessibility Standard, to the extent practicable as determined by
the commissioner.
(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 or levels covered by the [electronic
textbook or instructional] material; and
(B) the percentage of the essential knowledge and
skills for the subject and grade level or levels 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) After notice to the 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 commissioner and a review by the
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 commissioner shall adopt rules as necessary to
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 28. 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 instructional material
[textbook] on a conforming or nonconforming list; or
(2) reject instructional material [a textbook]
submitted for placement on a conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the instructional materials [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 instructional materials [textbooks] to
each school district. Each nonconforming list must include the
reasons [an] adopted instructional material [textbook] is not
eligible for the conforming list.
SECTION 29. The heading to Section 31.0241, Education Code,
is amended to read as follows:
Sec. 31.0241. ADOPTION OF OPEN-SOURCE INSTRUCTIONAL
MATERIALS [TEXTBOOKS].
SECTION 30. 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 instructional material [textbook] for a
secondary-level course submitted for adoption by an eligible
institution on a conforming or nonconforming list if:
(1) the instructional material [textbook] is written,
compiled, or edited primarily by faculty of the eligible
institution who specialize in the subject area of the instructional
material [textbook];
(2) the eligible institution identifies each
contributing author;
(3) the appropriate department of the eligible
institution certifies the instructional material [textbook] for
accuracy; and
(4) the eligible institution determines that the
instructional material [textbook] qualifies for placement on the
conforming or nonconforming list based on the extent to which the
instructional material [textbook] covers the essential knowledge
and skills identified under Section 28.002 for the subject for
which the instructional material [textbook] is written and
certifies that:
(A) for instructional material [a textbook] for a
senior-level course, a student who successfully completes a course
based on the instructional material [textbook] will be prepared,
without remediation, for entry into the eligible institution's
freshman-level course in that subject; or
(B) for instructional material [a textbook] for a
junior-level and senior-level course, a student who successfully
completes the junior-level course based on the instructional
material [textbook] will be prepared for entry into the
senior-level course.
(c) This section does not prohibit an eligible institution
from submitting instructional material [a textbook] for placement
on a conforming or nonconforming list through any other adoption
process provided by this chapter.
SECTION 31. Section 31.026, Education Code, is amended to
read as follows:
Sec. 31.026. CONTRACT; PRICE. (a) The State Board of
Education shall execute a contract[:
[(1)] for the purchase [of each adopted textbook other
than an electronic textbook; and
[(2) for the purchase] or licensing of each adopted
instructional material [electronic textbook].
(b) A contract must require the publisher to provide the
number of instructional materials [textbooks] required by school
districts in this state for the term of the contract, which must
coincide with the board's adoption cycle.
(c) As applicable, a contract must provide for the purchase
or licensing of instructional material [a textbook] at a specific
price, which may not exceed the lowest price paid by any other state
or any school or school district. The price must be fixed for the
term of the contract.
(d) [(e)] This section does not apply to [an] open-source
instructional material [textbook].
SECTION 32. Section 31.0261, Education Code, is amended to
read as follows:
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The State Board of Education
may execute a contract for the printing of [an] open-source
instructional materials [textbook] listed on the conforming or
nonconforming list. The contract must allow a school district to
requisition printed copies of [an] open-source instructional
materials [textbook] as provided by Section 31.103.
SECTION 33. Section 31.027, Education Code, is amended to
read as follows:
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; SAMPLE
COPIES. (a) A publisher shall provide each school district and
open-enrollment charter school with information that fully
describes each of the publisher's submitted instructional
materials [adopted textbooks]. On request of a school district, a
publisher shall provide a sample copy in digital format of
submitted instructional material [an adopted textbook].
(b) A publisher shall provide at least two sample copies in
digital format of each submitted instructional material [adopted
textbook] to be maintained at each regional education service
center.
(c) [(d)] This section does not apply to [an] open-source
instructional material [textbook].
SECTION 34. Section 31.028, Education Code, is amended to
read as follows:
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The commissioner [State Board of Education] may purchase
special instructional materials [textbooks] for the education of
blind and visually impaired students in public schools. In
addition, for a teacher who is blind or visually impaired, the
commissioner [board] shall provide a teacher's edition in Braille
or large type, as requested by the teacher, for each instructional
material [textbook] the teacher uses in the instruction of
students. The teacher edition must be available at the same time
the student instructional materials [textbooks] become available.
(b) The publisher of [an] adopted instructional material
[textbook] shall provide the agency with computerized
instructional material [textbook] files for the production of
Braille instructional materials [textbooks] or other versions of
instructional materials [textbooks] to be used by students with
disabilities, on request of the commissioner [State Board of
Education]. A publisher shall arrange computerized instructional
material [textbook] files in one of several optional formats
specified by the commissioner [State Board of Education].
(c) The commissioner [board] may also enter into agreements
providing for the acceptance, requisition, and distribution of
special instructional materials [textbooks] and instructional aids
pursuant to 20 U.S.C. Section 101 et seq. for use by students
enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other
than for administrative costs, are not involved.
(d) In this section:
(1) "Blind or visually impaired student" includes any
student whose visual acuity is impaired to the extent that the
student is unable to read the text [print] in [a] regularly adopted
instructional material [textbook] used in the student's class.
(2) "Special instructional material [textbook]" means
instructional material [a textbook] in Braille, large type or any
other medium or any apparatus that conveys information to a student
or otherwise contributes to the learning process.
SECTION 35. Section 31.029, Education Code, is amended to
read as follows:
Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS
[TEXTBOOKS]. (a) A school district [The board] shall purchase with
the district's instructional materials allotment or otherwise
acquire instructional materials [textbooks] for use in bilingual
education classes.
(b) The commissioner shall adopt rules regarding the
purchase of instructional materials under this section.
SECTION 36. Section 31.030, Education Code, is amended to
read as follows:
Sec. 31.030. USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
State Board of Education shall adopt rules to ensure that used
instructional materials [textbooks] sold to school districts and
open-enrollment charter schools are not sample copies that contain
factual errors. The rules may provide for the imposition of an
administrative penalty in accordance with Section 31.151 against a
seller of used instructional materials [textbooks] who knowingly
violates this section.
SECTION 37. The heading to Section 31.035, Education Code,
is amended to read as follows:
Sec. 31.035. SUPPLEMENTAL INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
SECTION 38. Sections 31.035(a), (b), (c), (d), and (f),
Education Code, are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the State Board of Education may adopt supplemental instructional
materials [textbooks] that are not on the conforming or
nonconforming list under Section 31.023. The State Board of
Education may adopt [a] supplemental instructional material
[textbook] under this section only if the instructional material
[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 instructional
material [textbook] for a full course;
(3) meets applicable physical specifications adopted
by the State Board of Education; and
(4) is free from factual errors.
(b) The State Board of Education shall identify the
essential knowledge and skills identified under Section 28.002 that
are covered by [a] supplemental instructional material [textbook]
adopted by the board under this section.
(c) Supplemental instructional material [A supplemental
textbook] is subject to the review and adoption cycle provisions,
including the midcycle review and adoption cycle provisions, of
this subchapter.
(d) A school district or open-enrollment charter school may
requisition [a] supplemental instructional material [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 instructional
material [a textbook] on the conforming list under Section 31.023
for a course in the foundation curriculum under Section 28.002,
requisitions the supplemental instructional material [textbook]
along with other supplemental instructional materials [textbooks]
or instructional materials [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
instructional materials [textbooks].
(f) A school district or open-enrollment charter school
that requisitions supplemental instructional materials [textbooks
under Subsection (d)(2)] shall certify to the agency that the
supplemental instructional materials [textbooks], in combination
with any other instructional materials [textbooks] or supplemental
instructional materials [textbooks] used by the district or school,
cover the essential knowledge and skills identified under Section
28.002 by the State Board of Education for the subject and grade
level for which the district or school is requisitioning the
supplemental instructional materials [textbooks].
SECTION 39. The heading to Subchapter B-1, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL
MATERIALS [TEXTBOOKS]
SECTION 40. Section 31.071, Education Code, is amended to
read as follows:
Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may
purchase state-developed open-source instructional materials
[textbooks] in accordance with this subchapter.
(b) The commissioner:
(1) shall purchase any state-developed open-source
instructional materials [textbooks] through a competitive process;
and
(2) may purchase more than one state-developed
open-source instructional material [textbook] for a subject or
grade level.
(c) State-developed [A state-developed] open-source
instructional material [textbook] must be irrevocably owned by or
licensed to the state for use in the applicable subject or grade
level. The state must have unlimited authority to modify, delete,
combine, or add content to the instructional material [textbook]
after purchase.
(d) The commissioner may issue a request for proposals for
[a] state-developed open-source instructional material [textbook]:
(1) in accordance with the instructional material
[textbook] review and adoption cycle under Section 31.022; or
(2) at any other time the commissioner determines that
a need exists for additional instructional material [textbook]
options.
(e) The costs of administering this subchapter and
purchasing state-developed open-source instructional materials
[textbooks] shall be paid from the state instructional materials
[textbook] fund, as determined by the commissioner and subject to
Section 31.021.
SECTION 41. Sections 31.072(a) and (b), Education Code, are
amended to read as follows:
(a) State-developed [A state-developed] open-source
instructional material [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 a
conforming or nonconforming instructional material [textbook] list
under Section 31.023.
(b) Following a curriculum revision by the State Board of
Education, the commissioner shall require the revision of [a]
state-developed open-source instructional material [textbook]
relating to that curriculum. The commissioner may, at any time,
require an additional revision of [a] state-developed open-source
instructional material [textbook] or contract for ongoing
revisions of state-developed instructional material [a textbook]
for a period not to exceed the period under Section 31.022 for which
instructional material [a textbook] for that subject and grade
level may be adopted. The commissioner shall use a competitive
process to request proposals to revise [a] state-developed
open-source instructional material [textbook] under this
subsection.
SECTION 42. The heading to Section 31.073, Education Code,
is amended to read as follows:
Sec. 31.073. SELECTION BY SCHOOL DISTRICT [COST].
SECTION 43. Sections 31.073(c) and (d), Education Code, are
amended to read as follows:
(c) Notwithstanding Section 31.022, a school district or
open-enrollment charter school may adopt [a] state-developed
open-source instructional material [textbook] at any time,
regardless of the instructional material [textbook] review and
adoption cycle under that section.
(d) A school district or open-enrollment charter school may
not be charged for selection of [a] state-developed open-source
instructional material [textbook] in addition to instructional
material [a textbook] adopted under Subchapter B.
SECTION 44. Section 31.074, Education Code, is amended to
read as follows:
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
provide for the distribution of state-developed open-source
instructional materials [textbooks] in a manner consistent with
distribution of instructional materials [textbooks] adopted under
Subchapter B.
(b) The commissioner may use a competitive process to
contract for printing or other reproduction of [a] state-developed
open-source instructional material [textbook] on behalf of a school
district or open-enrollment charter school. The 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 instructional
material [textbook].
SECTION 45. Section 31.075, Education Code, is amended to
read as follows:
Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed [A
state-developed] open-source instructional material [textbook] is
the property of the state.
(b) The 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
instructional material [textbook].
(c) The commissioner may provide a license to use [a]
state-developed open-source instructional material [textbook] to
an entity not listed in Subsection (b). In determining the cost of
a license under this subsection, the commissioner shall seek, to
the extent feasible, to recover the costs of developing, revising,
and distributing state-developed open-source instructional
materials [textbooks].
SECTION 46. Section 31.076(b), Education Code, is amended
to read as follows:
(b) A decision by the commissioner regarding the purchase,
revision, cost, or distribution of [a] state-developed open-source
instructional material [textbook] is final and may not be appealed.
SECTION 47. Section 31.077, Education Code, is amended to
read as follows:
Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall
develop a schedule for the adoption of state-developed open-source
instructional materials [textbooks] under this subchapter. In
developing the adoption schedule under this section, the
commissioner shall consider:
(1) the availability of funds;
(2) the existing instructional material [textbook]
adoption cycles under Subchapter B; and
(3) the availability of instructional materials
[textbooks] for development or purchase by the state.
SECTION 48. The heading to Section 31.101, Education Code,
is amended to read as follows:
Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS.
SECTION 49. Section 31.101, Education Code, is amended by
amending Subsections (a), (d), and (e) and adding Subsection (f) 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 instructional materials
[textbooks] selected by the board of trustees or governing body for
the following school year from among the instructional materials
[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
instructional material [textbook] selected by the board of trustees
or governing body for the following school year from among the
instructional materials [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 instructional
material [a textbook] that is not on the conforming or
nonconforming list.
(d) For instructional material [a textbook] that is not on
the conforming or nonconforming list, a school district or
open-enrollment charter school must use the instructional material
[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 instructional material [textbook] is used.
(e) A school district or open-enrollment charter school
that selects [a] subscription-based [electronic textbook or]
instructional material on the conforming list under Section 31.023
or electronic instructional material on the list adopted by the
commissioner under Section 31.0231 may cancel the subscription and
subscribe to [a] new [electronic textbook or] instructional
material on the conforming list under Section 31.023 or electronic
instructional material on the list adopted by the commissioner
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.
(f) The commissioner shall maintain an online requisition
system for school districts to requisition instructional materials
to be purchased with the district's instructional materials
allotment.
SECTION 50. Section 31.102, Education Code, is amended to
read as follows:
Sec. 31.102. TITLE AND CUSTODY. (a) Except as provided by
Subsection (d), printed instructional material [Each textbook]
purchased as provided by this chapter is the property of this state.
Any electronic instructional material or technological equipment
purchased with a school district's instructional materials
allotment is the property of the school district.
(b) Subsection (a) applies to [an] electronic instructional
material [textbook] only to the extent of any applicable licensing
agreement.
(c) The board of trustees of a school district or the
governing body of an open-enrollment charter school is the legal
custodian of printed instructional materials [textbooks] purchased
as provided by this chapter for the district or school. The board
of trustees shall distribute printed instructional materials
[textbooks] to students in the manner that the board or governing
body determines is most effective and economical.
(d) Printed instructional material purchased with a school
district's instructional materials allotment becomes the property
of the district on the date the printed instructional material is
discontinued for use in the public schools by the State Board of
Education or the commissioner.
SECTION 51. The heading to Section 31.103, Education Code,
is amended to read as follows:
Sec. 31.103. INSTRUCTIONAL MATERIAL [TEXTBOOK]
REQUISITIONS.
SECTION 52. Sections 31.103(b), (c), and (d), 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 instructional material using the
online requisition program maintained by [a textbook on the
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
instructional materials [textbooks] on the 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)].
(d) A school district or open-enrollment charter school
that selects [an] open-source instructional material [textbook]
shall requisition a sufficient number of printed copies for use by
students unable to access the instructional material [textbook]
electronically unless the district or school provides to each
student:
(1) electronic access to the instructional material
[textbook] at no cost to the student; or
(2) printed copies of the portion of the instructional
material [textbook] that will be used in the course.
SECTION 53. Section 31.1031, Education Code, is amended to
read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED PRINTED
INSTRUCTIONAL MATERIALS [TEXTBOOKS]. If a school district or
open-enrollment charter school does not have a sufficient number of
copies of printed instructional materials [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 printed instructional
materials [textbooks] to the commissioner in exchange for
sufficient copies, if available, of other printed instructional
materials [textbooks] on the conforming or nonconforming list to be
used during the following school year.
SECTION 54. Section 31.104, Education Code, is amended to
read as follows:
Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of
trustees of a school district or the governing body of an
open-enrollment charter school may delegate to an employee the
authority to requisition, distribute, and manage the inventory of
instructional materials [textbooks] in a manner consistent with
this chapter and rules adopted under this chapter.
(b) A school district or open-enrollment charter school may
order replacements for instructional materials [textbooks] that
have been lost or damaged directly from[:
[(1) the textbook depository;
[(2)] the [textbook] publisher of the instructional
materials or [manufacturer if the textbook publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B); or
[(3)] any source for a printed copy of [an]
open-source instructional material [textbook].
(c) Each instructional material [textbook] must state that
the instructional material [textbook] is the property of or is
licensed to this state or the school district, as appropriate. Each
instructional material [textbook], other than [an] electronic
instructional material [textbook] or a printed copy of [an]
open-source instructional material [textbook], must be covered by
the student under the direction of the teacher. Except as provided
by Subsection (g), a student must return all instructional
materials [textbooks] to the teacher at the end of the school year
or when the student withdraws from school.
(d) Each student, or the student's parent or guardian, is
responsible for all instructional materials [each textbook,
including an electronic textbook,] and [all] technological
equipment not returned in an acceptable condition by the
student. A student who fails to return in an acceptable condition
all instructional materials [textbooks, including electronic
textbooks,] and technological equipment forfeits the right to free
instructional materials [textbooks, including electronic
textbooks,] and technological equipment until all instructional
materials [each textbook, including an electronic textbook,] and
[all] technological equipment previously issued but not returned in
an acceptable condition are [is] paid for by the student, parent, or
guardian. As provided by policy of the board of trustees or
governing body, a school district or open-enrollment charter school
may waive or reduce the payment requirement if the student is from a
low-income family. The district or school shall allow the student
to use instructional materials [textbooks, including electronic
textbooks,] and technological equipment at school during each
school day. If instructional materials [a textbook, including an
electronic textbook,] or technological equipment is not returned in
an acceptable condition or paid for, the district or school may
withhold the student's records. A district or school may not,
under this subsection, prevent a student from graduating,
participating in a graduation ceremony, or receiving a
diploma. The commissioner by rule shall adopt criteria for
determining whether instructional materials [a textbook, including
an electronic textbook,] and technological equipment are returned
in an acceptable condition.
(e) The board of trustees of a school district may not
require an employee of the district who acts in good faith to pay
for instructional materials [a textbook, electronic textbook,] or
technological equipment that is damaged, stolen, misplaced, or not
returned. A school district employee may not waive this provision
by contract or any other means, except that a district may enter
into a written agreement with a school employee whereby the
employee assumes financial responsibility for electronic
instructional material [textbook] or technological equipment usage
off school property or outside of a school-sponsored event in
consideration for the ability of the school employee to use the
electronic instructional material [textbook] or technological
equipment for personal business. Such a written agreement shall be
separate from the employee's contract of employment, if applicable,
and shall clearly inform the employee of the amount of the financial
responsibility and advise the employee to consider obtaining
appropriate insurance. An employee may not be required to agree to
such an agreement as a condition of employment.
(g) At the end of the school year for which [an] open-source
instructional material [textbook] that a school district or
open-enrollment charter school does not intend to use for another
student is distributed, the printed copy of the open-source
instructional material [textbook] becomes the property of the
student to whom it is distributed.
(h) This section does not apply to an electronic copy of
[an] open-source instructional material [textbook].
SECTION 55. Section 31.105, Education Code, is amended to
read as follows:
Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS
AND TECHNOLOGICAL EQUIPMENT [TEXTBOOKS]. (a) The board of
trustees of a school district or governing body of an
open-enrollment charter school may sell printed instructional
materials on the date the instructional material is discontinued
for use in the public schools by the State Board of Education or the
commissioner. The board of trustees or governing body may also sell
electronic instructional materials and technological equipment
owned by the district or school. Any funds received by a district
or school from a sale authorized by this subsection must be used to
purchase instructional materials and technological equipment
allowed under Section 31.0211 [textbooks, other than electronic
textbooks, to a student or another school at the state contract
price. The district shall send money from the sale of textbooks to
the commissioner as required by the commissioner. The commissioner
shall deposit the money in the state textbook fund].
(b) The board of trustees of a school district shall
determine how the district will dispose of discontinued printed
instructional materials, electronic instructional materials, and
technological equipment.
SECTION 56. Section 31.106, Education Code, is amended to
read as follows:
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
instructional material [textbook] selected under this chapter, a
school district or open-enrollment charter school may use local
funds to purchase any instructional materials [textbooks].
SECTION 57. Sections 31.151(a) and (d), Education Code, are
amended to read as follows:
(a) A publisher or manufacturer of instructional materials
[textbooks]:
(1) shall furnish any instructional material
[textbook] the publisher or manufacturer offers in this state[,] at
a price that does not exceed the lowest price at which the publisher
offers that instructional material [textbook] for adoption or sale
to any state, public school, or school district in the United
States;
(2) shall automatically reduce the price of
instructional material [a textbook] sold for use in a school
district or open-enrollment charter school to the extent that the
price is reduced elsewhere in the United States;
(3) shall provide any instructional material
[textbook] or ancillary item free of charge in this state to the
same extent that the publisher or manufacturer provides the
instructional material [textbook] or ancillary item free of charge
to any state, public school, or school district in the United
States;
(4) shall guarantee that each copy of instructional
material [a textbook] sold in this state is at least equal in
quality to copies of that instructional material [textbook] sold
elsewhere in the United States and is free from factual error;
(5) may not become associated or connected with,
directly or indirectly, any combination in restraint of trade in
instructional materials [textbooks] or enter into any
understanding or combination to control prices or restrict
competition in the sale of instructional materials [textbooks] for
use in this state;
(6) shall[:
[(A) maintain a depository in this state or
arrange with a depository in this state to receive and fill orders
for textbooks, other than open-source textbooks, on-line
textbooks, or on-line textbook components, consistent with State
Board of Education rules; or
[(B)] deliver instructional materials
[textbooks] to a school district or open-enrollment charter school
without a delivery charge to the school district, open-enrollment
charter school, or state [, if:
[(i) the publisher or manufacturer does not
maintain or arrange with a depository in this state under Paragraph
(A) and the publisher's or manufacturer's textbooks and related
products are warehoused or otherwise stored less than 300 miles
from a border of this state; or
[(ii) the textbooks are open-source
textbooks, on-line textbooks, or on-line textbook components];
(7) shall, at the time an order for instructional
materials [textbooks] is acknowledged, provide to school districts
or open-enrollment charter schools an accurate shipping date for
instructional materials [textbooks] that are back-ordered;
(8) shall guarantee delivery of instructional
materials [textbooks] at least 10 business days before the opening
day of school of the year for which the instructional materials
[textbooks] are ordered if the instructional materials [textbooks]
are ordered by a date specified in the sales contract; and
(9) shall submit to the State Board of Education an
affidavit certifying any instructional material [textbook] the
publisher or manufacturer offers in this state to be free of factual
errors at the time the publisher executes the contract required by
Section 31.026.
(d) A penalty collected under this section shall be
deposited to the credit of the state instructional materials
[textbook] fund.
SECTION 58. The heading to Section 31.152, Education Code,
is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON [TEXTBOOKS, ELECTRONIC
TEXTBOOKS,] INSTRUCTIONAL MATERIALS[,] OR TECHNOLOGICAL EQUIPMENT.
SECTION 59. Sections 31.152(a), (b), and (d), Education
Code, are amended to read as follows:
(a) A school trustee, administrator, or teacher commits an
offense if that person receives any commission or rebate on any
[textbooks, electronic textbooks,] instructional materials[,] or
technological equipment used in the schools with which the person
is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an
offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person's school;
(2) might reasonably tend to influence a trustee,
administrator, or teacher in the selection of [a textbook,
electronic textbook,] instructional material[,] or technological
equipment; and
(3) could not be lawfully purchased with state
instructional materials funds [from the state textbook fund].
(d) In this section, "gift, favor, or service" does not
include:
(1) staff development, in-service, or teacher
training; [or]
(2) ancillary [instructional] materials, such as maps
or worksheets, that convey information to the student or otherwise
contribute to the learning process; or
(3) the provision of food or beverages with a value
that does not exceed $50.
SECTION 60. The heading to Section 31.153, Education Code,
is amended to read as follows:
Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS
[TEXTBOOK] LAW.
SECTION 61. Section 31.153(a), Education Code, is amended
to read as follows:
(a) A person commits an offense if the person knowingly
violates any law providing for the purchase or distribution of free
instructional materials [textbooks] for the public schools.
SECTION 62. Section 39.303(b), Education Code, is amended
to read as follows:
(b) For a student who failed to perform satisfactorily as
determined under either performance standard under Section 39.0241
on an assessment instrument administered under Section 39.023(a),
(c), or (l), the school district shall include in the notice
specific information relating to access to [online] educational
resources at the appropriate assessment instrument content level,
including [educational resources described by Section 32.252(b)(2)
and] assessment instrument questions and answers released under
Section 39.023(e).
SECTION 63. Section 41.124(c), Education Code, is amended
to read as follows:
(c) A school district that receives tuition for a student
from a school district with a wealth per student that exceeds the
equalized wealth level may not claim attendance for that student
for purposes of Chapters 42 and 46 and the instructional materials
[technology] allotment under Section 31.0211 [31.021(b)(2)].
SECTION 64. Section 43.001(b), Education Code, as amended
by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of the 78th
Legislature, Regular Session, 2003, is reenacted to read as
follows:
(b) The available school fund, which shall be apportioned
annually to each county according to its scholastic population,
consists of:
(1) the distributions to the fund from the permanent
school fund as provided by Section 5(a), Article VII, Texas
Constitution;
(2) one-fourth of all revenue derived from all state
occupation taxes, exclusive of delinquencies and cost of
collection;
(3) one-fourth of revenue derived from state gasoline
and special fuels excise taxes as provided by law; and
(4) all other appropriations to the available school
fund made by the legislature for public school purposes.
SECTION 65. Section 43.001, Education Code, is amended by
adding Subsections (d), (e), (f), and (g) to read as follows:
(d) Each year the State Board of Education shall set aside
an amount equal to 50 percent of the annual distribution for that
year from the permanent school fund to the available school fund as
provided by Section 5(a), Article VII, Texas Constitution, to be
placed, subject to the General Appropriations Act, in the state
instructional materials fund established under Section 31.021.
(e) Subsection (d) applies beginning with the state fiscal
biennium beginning September 1, 2013. For the state fiscal
biennium beginning September 1, 2011, each year the State Board of
Education shall set aside an amount equal to 40 percent of the
annual distribution for that year from the permanent school fund to
the available school fund as provided by Section 5(a), Article VII,
Texas Constitution, to be placed, subject to the General
Appropriations Act, in the state instructional materials fund
established under Section 31.021.
(f) In calculating the amounts to be set aside as provided
by Subsection (e) for the state fiscal biennium beginning September
1, 2011, the State Board of Education shall consider only the
amounts of the annual distribution of the permanent school fund for
that biennium. The board shall not consider amounts distributed
for the state fiscal biennium beginning September 1, 2009,
regardless of the date on which those amounts were approved for
distribution.
(g) Subsections (e) and (f) and this subsection expire
September 1, 2013.
SECTION 66. The following provisions of the Education Code
are repealed:
(1) Section 31.002(3);
(2) Sections 31.021(b), (e), and (f);
(3) Section 31.022(d);
(4) Section 31.0222;
(5) Section 31.025;
(6) Sections 31.035(e) and (g);
(7) Section 31.072(c);
(8) Sections 31.073(a) and (b);
(9) Sections 31.101(b), (b-1), (c), and (c-1);
(10) Section 31.1011;
(11) Sections 31.103(a) and (e);
(12) Subchapter E, Chapter 31;
(13) Section 32.005;
(14) Sections 32.251 through 32.257; and
(15) Sections 32.259 through 32.263.
SECTION 67. This Act takes effect September 1, 2011.