Texas 2011 - 82nd Regular

Texas Senate Bill SB6 Compare Versions

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1	1	By: Shapiro S.B. No. 6
2	2	(In the Senate - Filed March 10, 2011; March 14, 2011, read
3	3	first time and referred to Committee on Education; April 4, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 9, Nays 0; April 4, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 6 By: Shapiro
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the foundation curriculum, the establishment of the
12	12	instructional materials allotment, and the adoption, review, and
13	13	purchase of instructional materials and technological equipment
14	14	for public schools.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subdivision (28), Subsection (b), Section 7.055,
17	17	Education Code, is amended to read as follows:
18	18	(28) The commissioner shall perform duties relating to
19	19	the funding, adoption, and purchase of instructional materials
20	20	[textbooks] under Chapter 31.
21	21	SECTION 2. Subsection (f), Section 7.056, Education Code,
22	22	is amended to read as follows:
23	23	(f) A school district or campus that is required to develop
24	24	and implement a student achievement improvement plan under Section
25	25	39.102 or 39.103 may receive an exemption or waiver under this
26	26	section from any law or rule other than:
27	27	(1) a prohibition on conduct that constitutes a
28	28	criminal offense;
29	29	(2) a requirement imposed by federal law or rule;
30	30	(3) a requirement, restriction, or prohibition
31	31	imposed by state law or rule relating to:
32	32	(A) public school accountability as provided by
33	33	Subchapters B, C, D, E, and J, Chapter 39; or
34	34	(B) educator rights and benefits under
35	35	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
36	36	A, Chapter 22; or
37	37	(4) [textbook] selection of instructional materials
38	38	under Chapter 31.
39	39	SECTION 3. Subdivision (23), Subsection (c), Section 7.102,
40	40	Education Code, is amended to read as follows:
41	41	(23) The board shall adopt and purchase or license
42	42	instructional materials [textbooks] as provided by Chapter 31 and
43	43	adopt rules required by that chapter.
44	44	SECTION 4. Subsections (a) and (c), Section 7.108,
45	45	Education Code, are amended to read as follows:
46	46	(a) A person interested in selling bonds of any type or a
47	47	person engaged in manufacturing, shipping, selling, or advertising
48	48	instructional materials [textbooks] or otherwise connected with
49	49	the instructional material [textbook] business commits an offense
50	50	if the person makes or authorizes a political contribution to or
51	51	takes part in, directly or indirectly, the campaign of any person
52	52	seeking election to or serving on the board.
53	53	(c) In this section:
54	54	(1) "Instructional material" has the meaning assigned
55	55	by Section 31.002.
56	56	(2) "Political contribution" has the meaning assigned
57	57	by Section 251.001, Election Code.
58	58	[(2) "Textbook" has the meaning assigned by Section
59	59	31.002.]
60	60	SECTION 5. The heading to Section 7.112, Education Code, is
61	61	amended to read as follows:
62	62	Sec. 7.112. REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
63	63	INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
64	64	SECTION 6. Subsection (a), Section 7.112, Education Code,
65	65	is amended to read as follows:
66	66	(a) A former member of the State Board of Education who is
67	67	employed by or otherwise receives compensation from a [textbook]
68	68	publisher of instructional materials may not, before the second
69	69	anniversary of the date on which the person last served as a member
70	70	of the State Board of Education:
71	71	(1) confer with a member of the board of trustees of a
72	72	school district concerning instructional materials [a textbook]
73	73	published by that [textbook] publisher; or
74	74	(2) appear at a meeting of the board of trustees on
75	75	behalf of the [textbook] publisher.
76	76	SECTION 7. Subdivision (2), Subsection (c), Section 7.112,
77	77	Education Code, is amended to read as follows:
78	78	(2) "Instructional material" and "publisher"
79	79	["Publisher" and "textbook"] have the meanings assigned by Section
80	80	31.002.
81	81	SECTION 8. Subsection (b), Section 11.158, Education Code,
82	82	is amended to read as follows:
83	83	(b) The board may not charge fees for:
84	84	(1) instructional materials [textbooks], workbooks,
85	85	laboratory supplies, or other supplies necessary for participation
86	86	in any instructional course except as authorized under this code;
87	87	(2) field trips required as a part of a basic education
88	88	program or course;
89	89	(3) any specific form of dress necessary for any
90	90	required educational program or diplomas;
91	91	(4) the payment of instructional costs for necessary
92	92	school personnel employed in any course or educational program
93	93	required for graduation;
94	94	(5) library materials [books] required to be used for
95	95	any educational course or program, other than fines for lost,
96	96	damaged, or overdue materials [books];
97	97	(6) admission to any activity the student is required
98	98	to attend as a prerequisite to graduation;
99	99	(7) admission to or examination in any required
100	100	educational course or program; or
101	101	(8) lockers.
102	102	SECTION 9. Subsection (a), Section 11.164, Education Code,
103	103	is amended to read as follows:
104	104	(a) The board of trustees of each school district shall
105	105	limit redundant requests for information and the number and length
106	106	of written reports that a classroom teacher is required to prepare.
107	107	A classroom teacher may not be required to prepare any written
108	108	information other than:
109	109	(1) any report concerning the health, safety, or
110	110	welfare of a student;
111	111	(2) a report of a student's grade on an assignment or
112	112	examination;
113	113	(3) a report of a student's academic progress in a
114	114	class or course;
115	115	(4) a report of a student's grades at the end of each
116	116	grade reporting period;
117	117	(5) a [textbook] report on instructional materials;
118	118	(6) a unit or weekly lesson plan that outlines, in a
119	119	brief and general manner, the information to be presented during
120	120	each period at the secondary level or in each subject or topic at
121	121	the elementary level;
122	122	(7) an attendance report;
123	123	(8) any report required for accreditation review;
124	124	(9) any information required by a school district that
125	125	relates to a complaint, grievance, or actual or potential
126	126	litigation and that requires the classroom teacher's involvement;
127	127	or
128	128	(10) any information specifically required by law,
129	129	rule, or regulation.
130	130	SECTION 10. Subsection (e), Section 19.007, Education Code,
131	131	is amended to read as follows:
132	132	(e) The district may participate in the instructional
133	133	materials [textbook] program under Chapter 31.
134	134	SECTION 11. Subsections (a) and (c), Section 26.006,
135	135	Education Code, are amended to read as follows:
136	136	(a) A parent is entitled to:
137	137	(1) review all teaching materials, instructional
138	138	materials [textbooks], and other teaching aids used in the
139	139	classroom of the parent's child; and
140	140	(2) review each test administered to the parent's
141	141	child after the test is administered.
142	142	(c) A student's parent is entitled to request that the
143	143	school district or open-enrollment charter school the student
144	144	attends allow the student to take home any instructional materials
145	145	[textbook] used by the student. Subject to the availability of the
146	146	instructional materials [a textbook], the district or school shall
147	147	honor the request. A student who takes home instructional
148	148	materials [a textbook] must return the instructional materials
149	149	[textbook] to school at the beginning of the next school day if
150	150	requested to do so by the student's teacher. In this subsection,
151	151	"instructional material" ["textbook"] has the meaning assigned by
152	152	Section 31.002.
153	153	SECTION 12. Subsections (a), (c), (h), and (n), Section
154	154	28.002, Education Code, are amended to read as follows:
155	155	(a) Each school district that offers kindergarten through
156	156	grade 12 shall offer, as a required curriculum:
157	157	(1) a foundation curriculum that includes:
158	158	(A) English language arts;
159	159	(B) mathematics;
160	160	(C) science; and
161	161	(D) social studies, consisting of Texas, United
162	162	States, and world history, government, economics, with emphasis on
163	163	the free enterprise system and its benefits, and geography; and
164	164	(2) an enrichment curriculum that includes:
165	165	(A) to the extent possible, languages other than
166	166	English;
167	167	(B) health, with emphasis on the importance of
168	168	proper nutrition and exercise;
169	169	(C) physical education;
170	170	(D) fine arts;
171	171	(E) [economics, with emphasis on the free
172	172	enterprise system and its benefits;
173	173	[(F)] career and technology education;
174	174	(F) [(G)] technology applications; and
175	175	(G) [(H)] religious literature, including the
176	176	Hebrew Scriptures (Old Testament) and New Testament, and its impact
177	177	on history and literature.
178	178	(c) The State Board of Education, with the direct
179	179	participation of educators, parents, business and industry
180	180	representatives, and employers shall by rule identify the essential
181	181	knowledge and skills of each subject of the required curriculum
182	182	that all students should be able to demonstrate and that will be
183	183	used in evaluating instructional materials [textbooks] under
184	184	Chapter 31 and addressed on the assessment instruments required
185	185	under Subchapter B, Chapter 39. As a condition of accreditation,
186	186	the board shall require each district to provide instruction in the
187	187	essential knowledge and skills at appropriate grade levels.
188	188	(h) The State Board of Education and each school district
189	189	shall foster the continuation of the tradition of teaching United
190	190	States and Texas history and the free enterprise system in regular
191	191	subject matter and in reading courses and in the adoption of
192	192	instructional materials [textbooks]. A primary purpose of the
193	193	public school curriculum is to prepare thoughtful, active citizens
194	194	who understand the importance of patriotism and can function
195	195	productively in a free enterprise society with appreciation for the
196	196	basic democratic values of our state and national heritage.
197	197	(n) The State Board of Education may by rule develop and
198	198	implement a plan designed to incorporate foundation curriculum
199	199	requirements into the career and technology education curriculum
200	200	under Subsection (a)(2)(E) [(a)(2)(F)].
201	201	SECTION 13. Subsections (a) and (d), Section 28.0022,
202	202	Education Code, are amended to read as follows:
203	203	(a) Not later than November 1, 2007, the agency shall
204	204	establish a panel under this section to:
205	205	(1) review and recommend revisions to the career and
206	206	technical education curriculum under Section 28.002(a)(2)(E)
207	207	[28.002(a)(2)(F)]; and
208	208	(2) review and recommend revisions for the program in
209	209	which high schools and articulated postsecondary institutions
210	210	allow high school students to take advanced technical credit
211	211	courses.
212	212	(d) Not later than November 1, 2008, the panel shall:
213	213	(1) complete the review as required by this section
214	214	of:
215	215	(A) the career and technical education
216	216	curriculum; and
217	217	(B) the program under which high schools and
218	218	articulated postsecondary institutions allow high school students
219	219	to take advanced technical credit courses; and
220	220	(2) make recommendations to the State Board of
221	221	Education as necessary to:
222	222	(A) increase the academic rigor of the career and
223	223	technical education curriculum under Section 28.002(a)(2)(E)
224	224	[28.002(a)(2)(F)]; and
225	225	(B) improve and increase participation in the
226	226	program under which high schools and articulated postsecondary
227	227	institutions allow high school students to take advanced technical
228	228	credit courses.
229	229	SECTION 14. Subsection (b), Section 28.003, Education Code,
230	230	is amended to read as follows:
231	231	(b) In this section, "educational program" means a course or
232	232	series of courses in the required curriculum under Section 28.002,
233	233	other than a fine arts course under Section 28.002(a)(2)(D) or a
234	234	career and technology course under Section 28.002(a)(2)(E)
235	235	[28.002(a)(2)(F)].
236	236	SECTION 15. Subsection (c), Section 28.011, Education Code,
237	237	is amended to read as follows:
238	238	(c) A student may not be required to use a specific
239	239	translation as the sole text of the Hebrew Scriptures or New
240	240	Testament and may use as the basic instructional material
241	241	[textbook] a different translation of the Hebrew Scriptures or New
242	242	Testament from that chosen by the board of trustees of the student's
243	243	school district or the student's teacher.
244	244	SECTION 16. The heading to Chapter 31, Education Code, is
245	245	amended to read as follows:
246	246	CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
247	247	SECTION 17. Section 31.001, Education Code, is amended to
248	248	read as follows:
249	249	Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
250	250	Instructional materials [Textbooks] selected for use in the public
251	251	schools shall be furnished without cost to the students attending
252	252	those schools. Except as provided by Section 31.104(d), a school
253	253	district may not charge a student for instructional material or
254	254	technological equipment purchased by the district with the
255	255	district's instructional materials allotment.
256	256	SECTION 18. Subdivisions (1), (1-a), (2), and (4), Section
257	257	31.002, Education Code, are amended to read as follows:
258	258	(1) "Instructional material" ["Electronic textbook"]
259	259	means content that conveys the essential knowledge and skills of a
260	260	subject in the public school curriculum through a medium or a
261	261	combination of media for conveying information to a student. The
262	262	term includes a book, supplementary materials, a combination of a
263	263	book, workbook, and supplementary materials, computer software,
264	264	[interactive videodisc,] magnetic media, DVD, CD-ROM, computer
265	265	courseware, on-line services, or an electronic medium, or other
266	266	means of conveying information to the student or otherwise
267	267	contributing to the learning process through electronic means,
268	268	including [an] open-source instructional material [textbook].
269	269	(1-a) "Open-source instructional material"
270	270	[textbook"] means [an] electronic instructional material
271	271	[textbook] that is available for downloading from the Internet at
272	272	no charge to a student and without requiring the purchase of an
273	273	unlock code, membership, or other access or use charge, except for a
274	274	charge to order an optional printed copy of all or part of the
275	275	instructional material [textbook]. The term includes [a]
276	276	state-developed open-source instructional material [textbook]
277	277	purchased under Subchapter B-1.
278	278	(2) "Publisher" includes an on-line service or a
279	279	developer or distributor of [an] electronic instructional
280	280	materials [textbook].
281	281	(4) "Technological equipment" means hardware, a
282	282	device, or equipment necessary for:
283	283	(A) instructional use in the classroom,
284	284	including to gain access to or enhance the use of [an] electronic
285	285	instructional materials [textbook]; or
286	286	(B) professional use by a classroom teacher.
287	287	SECTION 19. Subchapter A, Chapter 31, Education Code, is
288	288	amended by amending Sections 31.003 and 31.004 and adding Section
289	289	31.005 to read as follows:
290	290	Sec. 31.003. RULES. The State Board of Education may adopt
291	291	rules, consistent with this chapter, for the adoption, requisition,
292	292	distribution, care, use, and disposal of instructional materials
293	293	[textbooks].
294	294	Sec. 31.004. CERTIFICATION OF PROVISION OF [TEXTBOOKS,
295	295	ELECTRONIC TEXTBOOKS, AND] INSTRUCTIONAL MATERIALS. Each school
296	296	district and open-enrollment charter school shall annually certify
297	297	to the State Board of Education and the commissioner that, for each
298	298	subject in the required curriculum under Section 28.002 and each
299	299	grade level, the district provides each student with [textbooks,
300	300	electronic textbooks, or] instructional materials that cover all
301	301	elements of the essential knowledge and skills adopted by the State
302	302	Board of Education for that subject and grade level.
303	303	Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
304	304	An open-enrollment charter school is entitled to the instructional
305	305	materials allotment under this chapter and is subject to this
306	306	chapter as if the school were a school district.
307	307	SECTION 20. The heading to Section 31.021, Education Code,
308	308	is amended to read as follows:
309	309	Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
310	310	FUND.
311	311	SECTION 21. Section 31.021, Education Code, is amended by
312	312	amending Subsections (a) and (d) and adding Subsection (c) to read
313	313	as follows:
314	314	(a) The state instructional materials [textbook] fund
315	315	consists of:
316	316	(1) an amount set aside by the State Board of Education
317	317	from the available school fund, in accordance with Section
318	318	43.001(d); and
319	319	(2) [all funds accruing from the state's sale of
320	320	disused textbooks; and
321	321	[(3)] all amounts lawfully paid into the fund from any
322	322	other source.
323	323	(c) Money in the state instructional materials fund shall be
324	324	used to:
325	325	(1) fund the instructional materials allotment, as
326	326	provided by Section 31.0211;
327	327	(2) purchase special instructional materials for the
328	328	education of blind and visually impaired students in public
329	329	schools;
330	330	(3) pay the expenses associated with the instructional
331	331	materials adoption and review process under this chapter;
332	332	(4) pay the expenses associated with the purchase or
333	333	licensing of open-source instructional material, to the extent
334	334	authorized by the General Appropriations Act; and
335	335	(5) pay the expenses associated with the purchase of
336	336	instructional material, including freight, shipping, and insurance
337	337	expenses.
338	338	(d) Money transferred to the state instructional materials
339	339	[textbook] fund remains in the fund until spent and does not lapse
340	340	to the state at the end of the fiscal year.
341	341	SECTION 22. Subchapter B, Chapter 31, Education Code, is
342	342	amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214
343	343	to read as follows:
344	344	Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) A
345	345	school district is entitled to an annual allotment from the state
346	346	instructional materials fund for each student enrolled in the
347	347	district on a date during the preceding school year specified by the
348	348	commissioner. The commissioner shall determine the amount of the
349	349	allotment per student each year on the basis of the amount of money
350	350	available in the state instructional materials fund to fund the
351	351	allotment. An allotment under this section shall be transferred
352	352	from the state instructional materials fund to the credit of the
353	353	district's instructional materials account as provided by Section
354	354	31.0212.
355	355	(b) A juvenile justice alternative education program under
356	356	Section 37.011 is entitled to an allotment from the state
357	357	instructional materials fund in an amount determined by the
358	358	commissioner. The program shall use the allotment to purchase
359	359	items listed in Subsection (c) for students enrolled in the
360	360	program. The commissioner's determination under this subsection is
361	361	final and may not be appealed.
362	362	(c) Subject to Subsection (d), funds allotted under this
363	363	section may be used to:
364	364	(1) purchase:
365	365	(A) materials on the list adopted by the
366	366	commissioner, as provided by Section 31.0231;
367	367	(B) instructional materials, regardless of
368	368	whether the instructional materials are on the conforming or
369	369	nonconforming list, as provided by Section 31.024;
370	370	(C) consumable instructional materials,
371	371	including workbooks;
372	372	(D) instructional materials for use in bilingual
373	373	education classes, as provided by Section 31.029;
374	374	(E) supplemental instructional materials, as
375	375	provided by Section 31.035;
376	376	(F) state-developed open-source instructional
377	377	materials, as provided by Subchapter B-1;
378	378	(G) instructional materials and technological
379	379	equipment under any continuing contracts of the district in effect
380	380	on September 1, 2011; and
381	381	(H) technological equipment necessary to support
382	382	the use of materials included on the list adopted by the
383	383	commissioner under Section 31.0231 or any instructional materials
384	384	purchased with an allotment under this section; and
385	385	(2) pay for training educational personnel directly
386	386	involved in student learning in the appropriate use of
387	387	instructional materials and for providing for access to
388	388	technological equipment for instructional use.
389	389	(d) Each year a school district shall use the district's
390	390	allotment under this section to purchase, in the following order:
391	391	(1) instructional materials necessary to permit the
392	392	district to certify that the district has instructional materials
393	393	that cover all elements of the essential knowledge and skills of the
394	394	required curriculum for each grade level as required by Section
395	395	28.002; and
396	396	(2) any other instructional materials or
397	397	technological equipment as determined by the district.
398	398	(e) Not later than May 31 of each school year, a school
399	399	district may request that the commissioner adjust the number of
400	400	students for which the district is entitled to receive an allotment
401	401	under Subsection (a) on the grounds that the number of students
402	402	attending school in the district will increase or decrease during
403	403	the school year for which the allotment is provided. The
404	404	commissioner may also adjust the number of students for which a
405	405	district is entitled to receive an allotment, without a request by
406	406	the district, if the commissioner determines that a different
407	407	number of students is a more accurate reflection of students who
408	408	will be attending school in the district. The commissioner's
409	409	determination under this subsection is final.
410	410	(f) The commissioner may adopt rules as necessary to
411	411	implement this section.
412	412	Sec. 31.0212. INSTRUCTIONAL MATERIALS ACCOUNT. (a) The
413	413	commissioner shall maintain an instructional materials account for
414	414	each school district. Each school year, the commissioner shall
415	415	deposit in the account for each district the amount of the
416	416	district's instructional materials allotment under Section
417	417	31.0211.
418	418	(b) The commissioner shall pay the cost of instructional
419	419	materials requisitioned by a school district under Section 31.103
420	420	using funds from the district's instructional materials account.
421	421	(c) A school district may also use funds in the district's
422	422	account to purchase electronic instructional materials or
423	423	technological equipment. The district shall submit to the
424	424	commissioner a request for funds for this purpose from the
425	425	district's account. The commissioner shall adopt rules regarding
426	426	the documentation a school district must submit to receive funds
427	427	under this subsection.
428	428	(d) Money deposited in a school district's instructional
429	429	materials account during each state fiscal biennium remains in the
430	430	account and available for use by the district for the entire
431	431	biennium. At the end of each biennium, a district with unused money
432	432	in the district's account may carry forward any remaining balance
433	433	to the next biennium.
434	434	(e) The commissioner may adopt rules as necessary to
435	435	implement this section.
436	436	Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
437	437	MATERIALS ALLOTMENT. Each school district shall annually certify
438	438	to the commissioner that the district's instructional materials
439	439	allotment has been used only for expenses allowed by Section
440	440	31.0211.
441	441	Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
442	442	DISTRICTS. (a) Each year the commissioner shall adjust the
443	443	instructional materials allotment of school districts experiencing
444	444	high enrollment growth. The commissioner shall establish a
445	445	procedure for determining high enrollment growth districts
446	446	eligible to receive an adjustment under this section and the amount
447	447	of the instructional materials allotment those districts will
448	448	receive.
449	449	(b) The commissioner may adopt rules as necessary to
450	450	implement this section.
451	451	SECTION 23. The heading to Section 31.022, Education Code,
452	452	is amended to read as follows:
453	453	Sec. 31.022. INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
454	454	ADOPTION.
455	455	SECTION 24. Subsections (a), (b), (c), (e), and (f),
456	456	Section 31.022, Education Code, are amended to read as follows:
457	457	(a) The State Board of Education shall adopt a review and
458	458	adoption cycle for instructional materials [textbooks] for
459	459	elementary grade levels, including prekindergarten, and secondary
460	460	grade levels, for each subject in the required curriculum under
461	461	Section 28.002. In adopting the cycle, the board:
462	462	(1) is not required to review and adopt instructional
463	463	materials for all grade levels in a single year; and
464	464	(2) shall give priority to instructional materials in
465	465	the following subjects:
466	466	(A) foundation curriculum subjects for which the
467	467	essential knowledge and skills have been substantially revised and
468	468	for which assessment instruments are required under Subchapter B,
469	469	Chapter 39, including career and technology courses that satisfy
470	470	foundation curriculum requirements as provided by Section
471	471	28.002(n);
472	472	(B) foundation curriculum subjects for which the
473	473	essential knowledge and skills have been substantially revised,
474	474	including career and technology courses that satisfy foundation
475	475	curriculum requirements as provided by Section 28.002(n);
476	476	(C) foundation curriculum subjects not described
477	477	by Paragraph (A) or (B), including career and technology courses
478	478	that satisfy foundation curriculum requirements as provided by
479	479	Section 28.002(n); and
480	480	(D) enrichment curriculum subjects.
481	481	(b) The board shall organize the cycle for subjects in the
482	482	foundation curriculum so that not more than one-fourth [one-sixth]
483	483	of the instructional materials [textbooks] for subjects in the
484	484	foundation curriculum are reviewed each biennium [year]. The board
485	485	shall adopt rules to provide for a full and complete investigation
486	486	of instructional materials [textbooks] for each subject in the
487	487	foundation curriculum [at least] every eight [six] years. The
488	488	adoption of instructional materials [textbooks] for a subject in
489	489	the foundation curriculum may be extended beyond the eight-year
490	490	[six-year] period only if the content of instructional materials
491	491	[textbooks] for a subject is sufficiently current.
492	492	(c) The board shall adopt rules to provide for a full and
493	493	complete investigation of instructional materials [textbooks] for
494	494	each subject in the enrichment curriculum on a cycle the board
495	495	considers appropriate.
496	496	(e) The board shall designate a request for production of
497	497	instructional materials [textbooks] in a subject area and grade
498	498	level by the school year in which the instructional materials
499	499	[textbooks] are intended to be made available in classrooms and not
500	500	by the school year in which the board makes the request for
501	501	production.
502	502	(f) The board shall amend any request for production issued
503	503	for the purchase of instructional materials [textbooks] to conform
504	504	to the instructional materials [textbook] funding levels provided
505	505	by the General Appropriations Act for the year of implementation.
506	506	SECTION 25. Section 31.0221, Education Code, is amended to
507	507	read as follows:
508	508	Sec. 31.0221. MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL
509	509	MATERIALS [TEXTBOOKS]. (a) The State Board of Education shall
510	510	adopt rules for the midcycle review and adoption of instructional
511	511	material [a textbook] for a subject for which instructional
512	512	materials [textbooks] are not currently under review by the board
513	513	under Section 31.022. The rules must require:
514	514	(1) the publisher of the instructional material
515	515	[textbook] to pay a fee to the board to cover the cost of the
516	516	midcycle review and adoption of the instructional material
517	517	[textbook];
518	518	(2) the publisher of the instructional material
519	519	[textbook] to enter into a contract with the board concerning the
520	520	instructional material [textbook] for a term that ends at the same
521	521	time as any contract entered into by the board for other
522	522	instructional materials [another textbook] for the same subject and
523	523	grade level; and
524	524	(3) a commitment from the publisher to provide the
525	525	instructional material [textbook] to school districts in the manner
526	526	specified by the publisher, which may include:
527	527	(A) providing the instructional material
528	528	[textbook] to any district in a regional education service center
529	529	area identified by the publisher; or
530	530	(B) providing a certain maximum number of
531	531	instructional materials [textbooks] specified by the publisher.
532	532	(b) Sections 31.023 and 31.024 apply to instructional
533	533	material [a textbook] adopted under this section. Section 31.027
534	534	does not apply to instructional material [a textbook] adopted under
535	535	this section.
536	536	SECTION 26. Section 31.023, Education Code, is amended to
537	537	read as follows:
538	538	Sec. 31.023. INSTRUCTIONAL MATERIAL [TEXTBOOK] LISTS.
539	539	(a) For each subject and grade level, the State Board of Education
540	540	shall adopt two lists of instructional materials [textbooks]. The
541	541	conforming list includes each instructional material [textbook]
542	542	submitted for the subject and grade level that meets applicable
543	543	physical specifications adopted by the State Board of Education and
544	544	contains material covering each element of the essential knowledge
545	545	and skills of the subject and grade level in the student version of
546	546	the instructional material [textbook], as well as in the teacher
547	547	version of the instructional material [textbook], as determined by
548	548	the State Board of Education under Section 28.002 and adopted under
549	549	Section 31.024. The nonconforming list includes each instructional
550	550	material [textbook] submitted for the subject and grade level that:
551	551	(1) meets applicable physical specifications adopted
552	552	by the State Board of Education;
553	553	(2) contains material covering at least half, but not
554	554	all, of the elements of the essential knowledge and skills of the
555	555	subject and grade level in the student version of the instructional
556	556	material [textbook], as well as in the teacher version of the
557	557	instructional material [textbook]; and
558	558	(3) is adopted under Section 31.024.
559	559	(b) Each instructional material [textbook] on a conforming
560	560	or nonconforming list must be free from factual errors.
561	561	SECTION 27. Section 31.0231, Education Code, is amended to
562	562	read as follows:
563	563	Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
564	564	INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a
565	565	list of:
566	566	(1) electronic instructional material [textbooks];
567	567	and
568	568	(2) science [instructional] material that conveys
569	569	information to the student or otherwise contributes to the learning
570	570	process, including tools, models, and investigative materials
571	571	designed for use as part of the foundation curriculum for science in
572	572	kindergarten through grade five.
573	573	(b) A school district may select [an electronic textbook or
574	574	instructional] material on the list adopted under Subsection (a) to
575	575	be funded by the district's instructional materials allotment
576	576	[state textbook fund] under Section 31.0211 [31.021].
577	577	(c) Before the commissioner places [an electronic textbook
578	578	or instructional] material on the list adopted under Subsection
579	579	(a), the State Board of Education must be given an opportunity to
580	580	comment on the [electronic textbook or instructional] material.
581	581	Material [An electronic textbook or instructional material] placed
582	582	on the list adopted under Subsection (a):
583	583	(1) must be reviewed and recommended to the
584	584	commissioner by a panel of recognized experts in the subject area of
585	585	the [electronic textbook or instructional] material and experts in
586	586	education technology;
587	587	(2) must satisfy criteria adopted for the purpose by
588	588	commissioner rule; and
589	589	(3) must meet the National Instructional Materials
590	590	Accessibility Standard, to the extent practicable as determined by
591	591	the commissioner.
592	592	(d) The criteria adopted under Subsection (c)(2) must:
593	593	(1) include evidence of alignment with current
594	594	research in the subject for which the [electronic textbook or
595	595	instructional] material is intended to be used;
596	596	(2) include coverage of the essential knowledge and
597	597	skills identified under Section 28.002 for the subject for which
598	598	the [electronic textbook or instructional] material is intended to
599	599	be used and identify:
600	600	(A) each of the essential knowledge and skills
601	601	for the subject and grade level or levels covered by the [electronic
602	602	textbook or instructional] material; and
603	603	(B) the percentage of the essential knowledge and
604	604	skills for the subject and grade level or levels covered by the
605	605	[electronic textbook or instructional] material; and
606	606	(3) include appropriate training for teachers.
607	607	(e) The commissioner shall update, as necessary, the list
608	608	adopted under Subsection (a). Before the commissioner places [an
609	609	electronic textbook or instructional] material on the updated list,
610	610	the requirements of Subsection (c) must be met. [Before the
611	611	commissioner removes an electronic textbook or instructional
612	612	material from the updated list, the removal must be recommended by a
613	613	panel of recognized experts in the subject area of the electronic
614	614	textbook or instructional material and experts in education
615	615	technology.]
616	616	(f) After notice to the commissioner explaining in detail
617	617	the changes, the provider of [an electronic textbook or
618	618	instructional] material on the list adopted under Subsection (a)
619	619	may update the navigational features or management system related
620	620	to the [electronic textbook or instructional] material.
621	621	(g) After notice to the commissioner and a review by the
622	622	commissioner, the provider of [an electronic textbook or
623	623	instructional] material on the list adopted under Subsection (a)
624	624	may update the content of the [electronic textbook or
625	625	instructional] material if needed to accurately reflect current
626	626	knowledge or information.
627	627	(h) The commissioner shall adopt rules as necessary to
628	628	implement this section. The rules must:
629	629	(1) be consistent with Section 31.151 regarding the
630	630	duties of publishers and manufacturers, as appropriate, and the
631	631	imposition of a reasonable administrative penalty; and
632	632	(2) require public notice of an opportunity for the
633	633	submission of [an electronic textbook or instructional] material.
634	634	SECTION 28. Section 31.024, Education Code, is amended to
635	635	read as follows:
636	636	Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By
637	637	majority vote, the State Board of Education shall:
638	638	(1) place each submitted instructional material
639	639	[textbook] on a conforming or nonconforming list; or
640	640	(2) reject instructional material [a textbook]
641	641	submitted for placement on a conforming or nonconforming list.
642	642	(b) Not later than December 1 of the year preceding the
643	643	school year for which the instructional materials [textbooks] for a
644	644	particular subject and grade level will be purchased under the
645	645	cycle adopted by the board under Section 31.022, the board shall
646	646	provide the lists of adopted instructional materials [textbooks] to
647	647	each school district. Each nonconforming list must include the
648	648	reasons [an] adopted instructional material [textbook] is not
649	649	eligible for the conforming list.
650	650	SECTION 29. The heading to Section 31.0241, Education Code,
651	651	is amended to read as follows:
652	652	Sec. 31.0241. ADOPTION OF OPEN-SOURCE INSTRUCTIONAL
653	653	MATERIALS [TEXTBOOKS].
654	654	SECTION 30. Subsections (b) and (c), Section 31.0241,
655	655	Education Code, are amended to read as follows:
656	656	(b) The State Board of Education shall place [an]
657	657	open-source instructional material [textbook] for a
658	658	secondary-level course submitted for adoption by an eligible
659	659	institution on a conforming or nonconforming list if:
660	660	(1) the instructional material [textbook] is written,
661	661	compiled, or edited primarily by faculty of the eligible
662	662	institution who specialize in the subject area of the instructional
663	663	material [textbook];
664	664	(2) the eligible institution identifies each
665	665	contributing author;
666	666	(3) the appropriate department of the eligible
667	667	institution certifies the instructional material [textbook] for
668	668	accuracy; and
669	669	(4) the eligible institution determines that the
670	670	instructional material [textbook] qualifies for placement on the
671	671	conforming or nonconforming list based on the extent to which the
672	672	instructional material [textbook] covers the essential knowledge
673	673	and skills identified under Section 28.002 for the subject for
674	674	which the instructional material [textbook] is written and
675	675	certifies that:
676	676	(A) for instructional material [a textbook] for a
677	677	senior-level course, a student who successfully completes a course
678	678	based on the instructional material [textbook] will be prepared,
679	679	without remediation, for entry into the eligible institution's
680	680	freshman-level course in that subject; or
681	681	(B) for instructional material [a textbook] for a
682	682	junior-level and senior-level course, a student who successfully
683	683	completes the junior-level course based on the instructional
684	684	material [textbook] will be prepared for entry into the
685	685	senior-level course.
686	686	(c) This section does not prohibit an eligible institution
687	687	from submitting instructional material [a textbook] for placement
688	688	on a conforming or nonconforming list through any other adoption
689	689	process provided by this chapter.
690	690	SECTION 31. Section 31.026, Education Code, is amended to
691	691	read as follows:
692	692	Sec. 31.026. CONTRACT; PRICE. (a) The State Board of
693	693	Education shall execute a contract[:
694	694	[(1)] for the purchase [of each adopted textbook other
695	695	than an electronic textbook; and
696	696	[(2) for the purchase] or licensing of each adopted
697	697	instructional material [electronic textbook].
698	698	(b) A contract must require the publisher to provide the
699	699	number of instructional materials [textbooks] required by school
700	700	districts in this state for the term of the contract, which must
701	701	coincide with the board's adoption cycle.
702	702	(c) As applicable, a contract must provide for the purchase
703	703	or licensing of instructional material [a textbook] at a specific
704	704	price, which may not exceed the lowest price paid by any other state
705	705	or any school or school district. The price must be fixed for the
706	706	term of the contract.
707	707	(d) [(e)] This section does not apply to [an] open-source
708	708	instructional material [textbook].
709	709	SECTION 32. Section 31.0261, Education Code, is amended to
710	710	read as follows:
711	711	Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
712	712	INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The State Board of Education
713	713	may execute a contract for the printing of [an] open-source
714	714	instructional materials [textbook] listed on the conforming or
715	715	nonconforming list. The contract must allow a school district to
716	716	requisition printed copies of [an] open-source instructional
717	717	materials [textbook] as provided by Section 31.103.
718	718	SECTION 33. Section 31.027, Education Code, is amended to
719	719	read as follows:
720	720	Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; SAMPLE
721	721	COPIES. (a) A publisher shall provide each school district and
722	722	open-enrollment charter school with information that fully
723	723	describes each of the publisher's submitted instructional
724	724	materials [adopted textbooks]. On request of a school district, a
725	725	publisher shall provide a sample copy in digital format of
726	726	submitted instructional material [an adopted textbook].
727	727	(b) A publisher shall provide at least two sample copies in
728	728	digital format of each submitted instructional material [adopted
729	729	textbook] to be maintained at each regional education service
730	730	center.
731	731	(c) [(d)] This section does not apply to [an] open-source
732	732	instructional material [textbook].
733	733	SECTION 34. Section 31.028, Education Code, is amended to
734	734	read as follows:
735	735	Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
736	736	(a) The commissioner [State Board of Education] may purchase
737	737	special instructional materials [textbooks] for the education of
738	738	blind and visually impaired students in public schools. In
739	739	addition, for a teacher who is blind or visually impaired, the
740	740	commissioner [board] shall provide a teacher's edition in Braille
741	741	or large type, as requested by the teacher, for each instructional
742	742	material [textbook] the teacher uses in the instruction of
743	743	students. The teacher edition must be available at the same time
744	744	the student instructional materials [textbooks] become available.
745	745	(b) The publisher of [an] adopted instructional material
746	746	[textbook] shall provide the agency with computerized
747	747	instructional material [textbook] files for the production of
748	748	Braille instructional materials [textbooks] or other versions of
749	749	instructional materials [textbooks] to be used by students with
750	750	disabilities, on request of the commissioner [State Board of
751	751	Education]. A publisher shall arrange computerized instructional
752	752	material [textbook] files in one of several optional formats
753	753	specified by the commissioner [State Board of Education].
754	754	(c) The commissioner [board] may also enter into agreements
755	755	providing for the acceptance, requisition, and distribution of
756	756	special instructional materials [textbooks] and instructional aids
757	757	pursuant to 20 U.S.C. Section 101 et seq. for use by students
758	758	enrolled in:
759	759	(1) public schools; or
760	760	(2) private nonprofit schools, if state funds, other
761	761	than for administrative costs, are not involved.
762	762	(d) In this section:
763	763	(1) "Blind or visually impaired student" includes any
764	764	student whose visual acuity is impaired to the extent that the
765	765	student is unable to read the text [print] in [a] regularly adopted
766	766	instructional material [textbook] used in the student's class.
767	767	(2) "Special instructional material [textbook]" means
768	768	instructional material [a textbook] in Braille, large type or any
769	769	other medium or any apparatus that conveys information to a student
770	770	or otherwise contributes to the learning process.
771	771	SECTION 35. Section 31.029, Education Code, is amended to
772	772	read as follows:
773	773	Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS
774	774	[TEXTBOOKS]. (a) A school district [The board] shall purchase
775	775	with the district's instructional materials allotment or otherwise
776	776	acquire instructional materials [textbooks] for use in bilingual
777	777	education classes.
778	778	(b) The commissioner shall adopt rules regarding the
779	779	purchase of instructional materials under this section.
780	780	SECTION 36. Section 31.030, Education Code, is amended to
781	781	read as follows:
782	782	Sec. 31.030. USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
783	783	State Board of Education shall adopt rules to ensure that used
784	784	instructional materials [textbooks] sold to school districts and
785	785	open-enrollment charter schools are not sample copies that contain
786	786	factual errors. The rules may provide for the imposition of an
787	787	administrative penalty in accordance with Section 31.151 against a
788	788	seller of used instructional materials [textbooks] who knowingly
789	789	violates this section.
790	790	SECTION 37. The heading to Section 31.035, Education Code,
791	791	is amended to read as follows:
792	792	Sec. 31.035. SUPPLEMENTAL INSTRUCTIONAL MATERIALS
793	793	[TEXTBOOKS].
794	794	SECTION 38. Subsections (a) through (d) and (f), Section
795	795	31.035, Education Code, are amended to read as follows:
796	796	(a) Notwithstanding any other provision of this subchapter,
797	797	the State Board of Education may adopt supplemental instructional
798	798	materials [textbooks] that are not on the conforming or
799	799	nonconforming list under Section 31.023. The State Board of
800	800	Education may adopt [a] supplemental instructional material
801	801	[textbook] under this section only if the instructional material
802	802	[textbook]:
803	803	(1) contains material covering one or more primary
804	804	focal points or primary topics of a subject in the required
805	805	curriculum under Section 28.002, as determined by the State Board
806	806	of Education;
807	807	(2) is not designed to serve as the sole instructional
808	808	material [textbook] for a full course;
809	809	(3) meets applicable physical specifications adopted
810	810	by the State Board of Education; and
811	811	(4) is free from factual errors.
812	812	(b) The State Board of Education shall identify the
813	813	essential knowledge and skills identified under Section 28.002 that
814	814	are covered by [a] supplemental instructional material [textbook]
815	815	adopted by the board under this section.
816	816	(c) Supplemental instructional material [A supplemental
817	817	textbook] is subject to the review and adoption cycle provisions,
818	818	including the midcycle review and adoption cycle provisions, of
819	819	this subchapter.
820	820	(d) A school district or open-enrollment charter school may
821	821	requisition [a] supplemental instructional material [textbook]
822	822	adopted under this section only if the district or school,[:
823	823	[(1) uses textbook credits received under Section
824	824	31.1011 to purchase the supplemental textbook; or
825	825	[(2)] instead of requisitioning instructional
826	826	material [a textbook] on the conforming list under Section 31.023
827	827	for a course in the foundation curriculum under Section 28.002,
828	828	requisitions the supplemental instructional material [textbook]
829	829	along with other supplemental instructional materials [textbooks]
830	830	or instructional materials [textbooks] on the nonconforming list
831	831	under Section 31.023 that in combination cover each element of the
832	832	essential knowledge and skills for the course for which the
833	833	district or school is requisitioning the supplemental
834	834	instructional materials [textbooks].
835	835	(f) A school district or open-enrollment charter school
836	836	that requisitions supplemental instructional materials [textbooks
837	837	under Subsection (d)(2)] shall certify to the agency that the
838	838	supplemental instructional materials [textbooks], in combination
839	839	with any other instructional materials [textbooks] or supplemental
840	840	instructional materials [textbooks] used by the district or school,
841	841	cover the essential knowledge and skills identified under Section
842	842	28.002 by the State Board of Education for the subject and grade
843	843	level for which the district or school is requisitioning the
844	844	supplemental instructional materials [textbooks].
845	845	SECTION 39. The heading to Subchapter B-1, Chapter 31,
846	846	Education Code, is amended to read as follows:
847	847	SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL
848	848	MATERIALS [TEXTBOOKS]
849	849	SECTION 40. Section 31.071, Education Code, is amended to
850	850	read as follows:
851	851	Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may
852	852	purchase state-developed open-source instructional materials
853	853	[textbooks] in accordance with this subchapter.
854	854	(b) The commissioner:
855	855	(1) shall purchase any state-developed open-source
856	856	instructional materials [textbooks] through a competitive process;
857	857	and
858	858	(2) may purchase more than one state-developed
859	859	open-source instructional material [textbook] for a subject or
860	860	grade level.
861	861	(c) State-developed [A state-developed] open-source
862	862	instructional material [textbook] must be irrevocably owned by or
863	863	licensed to the state for use in the applicable subject or grade
864	864	level. The state must have unlimited authority to modify, delete,
865	865	combine, or add content to the instructional material [textbook]
866	866	after purchase.
867	867	(d) The commissioner may issue a request for proposals for
868	868	[a] state-developed open-source instructional material [textbook]:
869	869	(1) in accordance with the instructional material
870	870	[textbook] review and adoption cycle under Section 31.022; or
871	871	(2) at any other time the commissioner determines that
872	872	a need exists for additional instructional material [textbook]
873	873	options.
874	874	(e) The costs of administering this subchapter and
875	875	purchasing state-developed open-source instructional materials
876	876	[textbooks] shall be paid from the state instructional materials
877	877	[textbook] fund, as determined by the commissioner and subject to
878	878	Section 31.021.
879	879	SECTION 41. Subsections (a) and (b), Section 31.072,
880	880	Education Code, are amended to read as follows:
881	881	(a) State-developed [A state-developed] open-source
882	882	instructional material [textbook] must:
883	883	(1) be evaluated by teachers or other experts, as
884	884	determined by the commissioner, before purchase; and
885	885	(2) meet the requirements for inclusion on a
886	886	conforming or nonconforming instructional material [textbook] list
887	887	under Section 31.023.
888	888	(b) Following a curriculum revision by the State Board of
889	889	Education, the commissioner shall require the revision of [a]
890	890	state-developed open-source instructional material [textbook]
891	891	relating to that curriculum. The commissioner may, at any time,
892	892	require an additional revision of [a] state-developed open-source
893	893	instructional material [textbook] or contract for ongoing
894	894	revisions of state-developed instructional material [a textbook]
895	895	for a period not to exceed the period under Section 31.022 for which
896	896	instructional material [a textbook] for that subject and grade
897	897	level may be adopted. The commissioner shall use a competitive
898	898	process to request proposals to revise [a] state-developed
899	899	open-source instructional material [textbook] under this
900	900	subsection.
901	901	SECTION 42. The heading to Section 31.073, Education Code,
902	902	is amended to read as follows:
903	903	Sec. 31.073. SELECTION BY SCHOOL DISTRICT [COST].
904	904	SECTION 43. Subsections (c) and (d), Section 31.073,
905	905	Education Code, are amended to read as follows:
906	906	(c) Notwithstanding Section 31.022, a school district or
907	907	open-enrollment charter school may adopt [a] state-developed
908	908	open-source instructional material [textbook] at any time,
909	909	regardless of the instructional material [textbook] review and
910	910	adoption cycle under that section.
911	911	(d) A school district or open-enrollment charter school may
912	912	not be charged for selection of [a] state-developed open-source
913	913	instructional material [textbook] in addition to instructional
914	914	material [a textbook] adopted under Subchapter B.
915	915	SECTION 44. Section 31.074, Education Code, is amended to
916	916	read as follows:
917	917	Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
918	918	provide for the distribution of state-developed open-source
919	919	instructional materials [textbooks] in a manner consistent with
920	920	distribution of instructional materials [textbooks] adopted under
921	921	Subchapter B.
922	922	(b) The commissioner may use a competitive process to
923	923	contract for printing or other reproduction of [a] state-developed
924	924	open-source instructional material [textbook] on behalf of a school
925	925	district or open-enrollment charter school. The commissioner may
926	926	not require a school district or open-enrollment charter school to
927	927	contract with a state-approved provider for the printing or
928	928	reproduction of [a] state-developed open-source instructional
929	929	material [textbook].
930	930	SECTION 45. Section 31.075, Education Code, is amended to
931	931	read as follows:
932	932	Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed
933	933	[A state-developed] open-source instructional material [textbook]
934	934	is the property of the state.
935	935	(b) The commissioner shall provide a license to each public
936	936	school in the state, including a school district, an
937	937	open-enrollment charter school, and a state or local agency
938	938	educating students in any grade from prekindergarten through high
939	939	school, to use and reproduce [a] state-developed open-source
940	940	instructional material [textbook].
941	941	(c) The commissioner may provide a license to use [a]
942	942	state-developed open-source instructional material [textbook] to
943	943	an entity not listed in Subsection (b). In determining the cost of
944	944	a license under this subsection, the commissioner shall seek, to
945	945	the extent feasible, to recover the costs of developing, revising,
946	946	and distributing state-developed open-source instructional
947	947	materials [textbooks].
948	948	SECTION 46. Subsection (b), Section 31.076, Education Code,
949	949	is amended to read as follows:
950	950	(b) A decision by the commissioner regarding the purchase,
951	951	revision, cost, or distribution of [a] state-developed open-source
952	952	instructional material [textbook] is final and may not be appealed.
953	953	SECTION 47. Section 31.077, Education Code, is amended to
954	954	read as follows:
955	955	Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall
956	956	develop a schedule for the adoption of state-developed open-source
957	957	instructional materials [textbooks] under this subchapter. In
958	958	developing the adoption schedule under this section, the
959	959	commissioner shall consider:
960	960	(1) the availability of funds;
961	961	(2) the existing instructional material [textbook]
962	962	adoption cycles under Subchapter B; and
963	963	(3) the availability of instructional materials
964	964	[textbooks] for development or purchase by the state.
965	965	SECTION 48. The heading to Section 31.101, Education Code,
966	966	is amended to read as follows:
967	967	Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL
968	968	MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS.
969	969	SECTION 49. Section 31.101, Education Code, is amended by
970	970	amending Subsections (a), (d), and (e) and adding Subsection (f) to
971	971	read as follows:
972	972	(a) Each year, during a period established by the State
973	973	Board of Education, the board of trustees of each school district
974	974	and the governing body of each open-enrollment charter school
975	975	shall:
976	976	(1) for a subject in the foundation curriculum, notify
977	977	the State Board of Education of the instructional materials
978	978	[textbooks] selected by the board of trustees or governing body for
979	979	the following school year from among the instructional materials
980	980	[textbooks] on the appropriate conforming or nonconforming list,
981	981	including the list adopted under Section 31.0231; or
982	982	(2) for a subject in the enrichment curriculum:
983	983	(A) notify the State Board of Education of each
984	984	instructional material [textbook] selected by the board of trustees
985	985	or governing body for the following school year from among the
986	986	instructional materials [textbooks] on the appropriate conforming
987	987	or nonconforming list, including the list adopted under Section
988	988	31.0231; or
989	989	(B) notify the State Board of Education that the
990	990	board of trustees or governing body has selected instructional
991	991	material [a textbook] that is not on the conforming or
992	992	nonconforming list.
993	993	(d) For instructional material [a textbook] that is not on
994	994	the conforming or nonconforming list, a school district or
995	995	open-enrollment charter school must use the instructional material
996	996	[textbook] for the period of the review and adoption cycle the State
997	997	Board of Education has established for the subject and grade level
998	998	for which the instructional material [textbook] is used.
999	999	(e) A school district or open-enrollment charter school
1000	1000	that selects [a] subscription-based [electronic textbook or]
1001	1001	instructional material on the conforming list under Section 31.023
1002	1002	or electronic instructional material on the list adopted by the
1003	1003	commissioner under Section 31.0231 may cancel the subscription and
1004	1004	subscribe to [a] new [electronic textbook or] instructional
1005	1005	material on the conforming list under Section 31.023 or electronic
1006	1006	instructional material on the list adopted by the commissioner
1007	1007	under Section 31.0231 before the end of the state contract period
1008	1008	under Section 31.026 if:
1009	1009	(1) the district or school has used the [electronic
1010	1010	textbook or] instructional material for at least one school year;
1011	1011	and
1012	1012	(2) the agency approves the change based on a written
1013	1013	request to the agency by the district or school that specifies the
1014	1014	reasons for changing the [electronic textbook or] instructional
1015	1015	material used by the district or school.
1016	1016	(f) The commissioner shall maintain an online requisition
1017	1017	system for school districts to requisition instructional materials
1018	1018	to be purchased with the district's instructional materials
1019	1019	allotment.
1020	1020	SECTION 50. Section 31.102, Education Code, is amended to
1021	1021	read as follows:
1022	1022	Sec. 31.102. TITLE AND CUSTODY. (a) Except as provided by
1023	1023	Subsection (d), printed instructional material [Each textbook]
1024	1024	purchased as provided by this chapter is the property of this state.
1025	1025	Any electronic instructional material or technological equipment
1026	1026	purchased with a school district's instructional materials
1027	1027	allotment is the property of the school district.
1028	1028	(b) Subsection (a) applies to [an] electronic instructional
1029	1029	material [textbook] only to the extent of any applicable licensing
1030	1030	agreement.
1031	1031	(c) The board of trustees of a school district or the
1032	1032	governing body of an open-enrollment charter school is the legal
1033	1033	custodian of printed instructional materials [textbooks] purchased
1034	1034	as provided by this chapter for the district or school. The board
1035	1035	of trustees shall distribute printed instructional materials
1036	1036	[textbooks] to students in the manner that the board or governing
1037	1037	body determines is most effective and economical.
1038	1038	(d) Printed instructional material purchased with a school
1039	1039	district's instructional materials allotment becomes the property
1040	1040	of the district on the date the printed instructional material is
1041	1041	discontinued for use in the public schools by the State Board of
1042	1042	Education or the commissioner.
1043	1043	SECTION 51. The heading to Section 31.103, Education Code,
1044	1044	is amended to read as follows:
1045	1045	Sec. 31.103. INSTRUCTIONAL MATERIAL [TEXTBOOK]
1046	1046	REQUISITIONS.
1047	1047	SECTION 52. Subsections (b), (c), and (d), Section 31.103,
1048	1048	Education Code, are amended to read as follows:
1049	1049	(b) [A requisition for textbooks for the following school
1050	1050	year shall be based on the maximum attendance reports under
1051	1051	Subsection (a), plus an additional 10 percent, except as otherwise
1052	1052	provided.] A school district or open-enrollment charter school
1053	1053	shall make a requisition for instructional material using the
1054	1054	online requisition program maintained by [a textbook on the
1055	1055	conforming or nonconforming list through] the commissioner [to the
1056	1056	state depository designated by the publisher or as provided by
1057	1057	State Board of Education rule, as applicable,] not later than June 1
1058	1058	of each year. The [designated state depository or, if the publisher
1059	1059	or manufacturer does not have a designated textbook depository in
1060	1060	this state under Section 31.151(a)(6)(B), the] publisher or
1061	1061	manufacturer shall fill a requisition approved by the agency [at
1062	1062	any other time in the case of an emergency]. [As made necessary by
1063	1063	available funds, the commissioner shall reduce the additional
1064	1064	percentage of attendance for which a district or school may
1065	1065	requisition textbooks. The commissioner may, on application of a
1066	1066	district or school that is experiencing high enrollment growth,
1067	1067	increase the additional percentage of attendance for which the
1068	1068	district or school may requisition textbooks.]
1069	1069	(c) In making a requisition under this section, a school
1070	1070	district or open-enrollment charter school may requisition
1071	1071	instructional materials [textbooks] on the conforming or
1072	1072	nonconforming list for grades above the grade level in which a
1073	1073	student is enrolled[, except that the total quantity of textbooks
1074	1074	requisitioned under this section may not exceed the limit
1075	1075	prescribed by Subsection (b)].
1076	1076	(d) A school district or open-enrollment charter school
1077	1077	that selects [an] open-source instructional material [textbook]
1078	1078	shall requisition a sufficient number of printed copies for use by
1079	1079	students unable to access the instructional material [textbook]
1080	1080	electronically unless the district or school provides to each
1081	1081	student:
1082	1082	(1) electronic access to the instructional material
1083	1083	[textbook] at no cost to the student; or
1084	1084	(2) printed copies of the portion of the instructional
1085	1085	material [textbook] that will be used in the course.
1086	1086	SECTION 53. Section 31.1031, Education Code, is amended to
1087	1087	read as follows:
1088	1088	Sec. 31.1031. SHORTAGE OF REQUISITIONED PRINTED
1089	1089	INSTRUCTIONAL MATERIALS [TEXTBOOKS]. If a school district or
1090	1090	open-enrollment charter school does not have a sufficient number of
1091	1091	copies of printed instructional materials [a textbook] used by the
1092	1092	district or school for use during the following school year, and a
1093	1093	sufficient number of additional copies will not be available from
1094	1094	the [depository or the] publisher within the time specified by
1095	1095	Section 31.151(a)(8), the district or school is entitled to[:
1096	1096	[(1) be reimbursed from the state textbook fund, at a
1097	1097	rate and in the manner provided by State Board of Education rule,
1098	1098	for the purchase of a sufficient number of used adopted textbooks;
1099	1099	or
1100	1100	[(2)] return currently used printed instructional
1101	1101	materials [textbooks] to the commissioner in exchange for
1102	1102	sufficient copies, if available, of other printed instructional
1103	1103	materials [textbooks] on the conforming or nonconforming list to be
1104	1104	used during the following school year.
1105	1105	SECTION 54. Section 31.104, Education Code, is amended to
1106	1106	read as follows:
1107	1107	Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of
1108	1108	trustees of a school district or the governing body of an
1109	1109	open-enrollment charter school may delegate to an employee the
1110	1110	authority to requisition, distribute, and manage the inventory of
1111	1111	instructional materials [textbooks] in a manner consistent with
1112	1112	this chapter and rules adopted under this chapter.
1113	1113	(b) A school district or open-enrollment charter school may
1114	1114	order replacements for instructional materials [textbooks] that
1115	1115	have been lost or damaged directly from[:
1116	1116	[(1) the textbook depository;
1117	1117	[(2)] the [textbook] publisher of the instructional
1118	1118	materials or [manufacturer if the textbook publisher or
1119	1119	manufacturer does not have a designated textbook depository in this
1120	1120	state under Section 31.151(a)(6)(B); or
1121	1121	[(3)] any source for a printed copy of [an]
1122	1122	open-source instructional material [textbook].
1123	1123	(c) Each instructional material [textbook] must state that
1124	1124	the instructional material [textbook] is the property of or is
1125	1125	licensed to this state or the school district, as appropriate. Each
1126	1126	instructional material [textbook], other than [an] electronic
1127	1127	instructional material [textbook] or a printed copy of [an]
1128	1128	open-source instructional material [textbook], must be covered by
1129	1129	the student under the direction of the teacher. Except as provided
1130	1130	by Subsection (g), a student must return all instructional
1131	1131	materials [textbooks] to the teacher at the end of the school year
1132	1132	or when the student withdraws from school.
1133	1133	(d) Each student, or the student's parent or guardian, is
1134	1134	responsible for all instructional materials [each textbook,
1135	1135	including an electronic textbook,] and [all] technological
1136	1136	equipment not returned in an acceptable condition by the
1137	1137	student. A student who fails to return in an acceptable condition
1138	1138	all instructional materials [textbooks, including electronic
1139	1139	textbooks,] and technological equipment forfeits the right to free
1140	1140	instructional materials [textbooks, including electronic
1141	1141	textbooks,] and technological equipment until all instructional
1142	1142	materials [each textbook, including an electronic textbook,] and
1143	1143	[all] technological equipment previously issued but not returned in
1144	1144	an acceptable condition are [is] paid for by the student, parent, or
1145	1145	guardian. As provided by policy of the board of trustees or
1146	1146	governing body, a school district or open-enrollment charter school
1147	1147	may waive or reduce the payment requirement if the student is from a
1148	1148	low-income family. The district or school shall allow the student
1149	1149	to use instructional materials [textbooks, including electronic
1150	1150	textbooks,] and technological equipment at school during each
1151	1151	school day. If instructional materials [a textbook, including an
1152	1152	electronic textbook,] or technological equipment is not returned in
1153	1153	an acceptable condition or paid for, the district or school may
1154	1154	withhold the student's records. A district or school may not, under
1155	1155	this subsection, prevent a student from graduating, participating
1156	1156	in a graduation ceremony, or receiving a diploma. The commissioner
1157	1157	by rule shall adopt criteria for determining whether instructional
1158	1158	materials [a textbook, including an electronic textbook,] and
1159	1159	technological equipment are returned in an acceptable condition.
1160	1160	(e) The board of trustees of a school district may not
1161	1161	require an employee of the district who acts in good faith to pay
1162	1162	for instructional materials [a textbook, electronic textbook,] or
1163	1163	technological equipment that is damaged, stolen, misplaced, or not
1164	1164	returned. A school district employee may not waive this provision
1165	1165	by contract or any other means, except that a district may enter
1166	1166	into a written agreement with a school employee whereby the
1167	1167	employee assumes financial responsibility for electronic
1168	1168	instructional material [textbook] or technological equipment usage
1169	1169	off school property or outside of a school-sponsored event in
1170	1170	consideration for the ability of the school employee to use the
1171	1171	electronic instructional material [textbook] or technological
1172	1172	equipment for personal business. Such a written agreement shall be
1173	1173	separate from the employee's contract of employment, if applicable,
1174	1174	and shall clearly inform the employee of the amount of the financial
1175	1175	responsibility and advise the employee to consider obtaining
1176	1176	appropriate insurance. An employee may not be required to agree to
1177	1177	such an agreement as a condition of employment.
1178	1178	(g) At the end of the school year for which [an] open-source
1179	1179	instructional material [textbook] that a school district or
1180	1180	open-enrollment charter school does not intend to use for another
1181	1181	student is distributed, the printed copy of the open-source
1182	1182	instructional material [textbook] becomes the property of the
1183	1183	student to whom it is distributed.
1184	1184	(h) This section does not apply to an electronic copy of
1185	1185	[an] open-source instructional material [textbook].
1186	1186	SECTION 55. Section 31.105, Education Code, is amended to
1187	1187	read as follows:
1188	1188	Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS
1189	1189	AND TECHNOLOGICAL EQUIPMENT [TEXTBOOKS]. (a) The board of
1190	1190	trustees of a school district or governing body of an
1191	1191	open-enrollment charter school may sell printed instructional
1192	1192	materials on the date the instructional material is discontinued
1193	1193	for use in the public schools by the State Board of Education or the
1194	1194	commissioner. The board of trustees or governing body may also sell
1195	1195	electronic instructional materials and technological equipment
1196	1196	owned by the district or school. Any funds received by a district
1197	1197	or school from a sale authorized by this subsection must be used to
1198	1198	purchase instructional materials and technological equipment
1199	1199	allowed under Section 31.0211 [textbooks, other than electronic
1200	1200	textbooks, to a student or another school at the state contract
1201	1201	price. The district shall send money from the sale of textbooks to
1202	1202	the commissioner as required by the commissioner. The commissioner
1203	1203	shall deposit the money in the state textbook fund].
1204	1204	(b) The board of trustees of a school district or the
1205	1205	governing body of an open-enrollment charter school shall determine
1206	1206	how the district or school will dispose of discontinued printed
1207	1207	instructional materials, electronic instructional materials, and
1208	1208	technological equipment.
1209	1209	(c) The board of trustees of a school district or the
1210	1210	governing body of an open-enrollment charter school shall notify
1211	1211	the commissioner that the district or school intends to sell or
1212	1212	otherwise dispose of instructional material as authorized by this
1213	1213	section.
1214	1214	SECTION 56. Section 31.106, Education Code, is amended to
1215	1215	read as follows:
1216	1216	Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
1217	1217	instructional material [textbook] selected under this chapter, a
1218	1218	school district or open-enrollment charter school may use local
1219	1219	funds to purchase any instructional materials [textbooks].
1220	1220	SECTION 57. Subsections (a) and (d), Section 31.151,
1221	1221	Education Code, are amended to read as follows:
1222	1222	(a) A publisher or manufacturer of instructional materials
1223	1223	[textbooks]:
1224	1224	(1) shall furnish any instructional material
1225	1225	[textbook] the publisher or manufacturer offers in this state[,] at
1226	1226	a price that does not exceed the lowest price at which the publisher
1227	1227	offers that instructional material [textbook] for adoption or sale
1228	1228	to any state, public school, or school district in the United
1229	1229	States;
1230	1230	(2) shall automatically reduce the price of
1231	1231	instructional material [a textbook] sold for use in a school
1232	1232	district or open-enrollment charter school to the extent that the
1233	1233	price is reduced elsewhere in the United States;
1234	1234	(3) shall provide any instructional material
1235	1235	[textbook] or ancillary item free of charge in this state to the
1236	1236	same extent that the publisher or manufacturer provides the
1237	1237	instructional material [textbook] or ancillary item free of charge
1238	1238	to any state, public school, or school district in the United
1239	1239	States;
1240	1240	(4) shall guarantee that each copy of instructional
1241	1241	material [a textbook] sold in this state is at least equal in
1242	1242	quality to copies of that instructional material [textbook] sold
1243	1243	elsewhere in the United States and is free from factual error;
1244	1244	(5) may not become associated or connected with,
1245	1245	directly or indirectly, any combination in restraint of trade in
1246	1246	instructional materials [textbooks] or enter into any
1247	1247	understanding or combination to control prices or restrict
1248	1248	competition in the sale of instructional materials [textbooks] for
1249	1249	use in this state;
1250	1250	(6) shall[:
1251	1251	[(A) maintain a depository in this state or
1252	1252	arrange with a depository in this state to receive and fill orders
1253	1253	for textbooks, other than open-source textbooks, on-line
1254	1254	textbooks, or on-line textbook components, consistent with State
1255	1255	Board of Education rules; or
1256	1256	[(B)] deliver instructional materials
1257	1257	[textbooks] to a school district or open-enrollment charter school
1258	1258	without a delivery charge to the school district, open-enrollment
1259	1259	charter school, or state[, if:
1260	1260	[(i) the publisher or manufacturer does not
1261	1261	maintain or arrange with a depository in this state under Paragraph
1262	1262	(A) and the publisher's or manufacturer's textbooks and related
1263	1263	products are warehoused or otherwise stored less than 300 miles
1264	1264	from a border of this state; or
1265	1265	[(ii) the textbooks are open-source
1266	1266	textbooks, on-line textbooks, or on-line textbook components];
1267	1267	(7) shall, at the time an order for instructional
1268	1268	materials [textbooks] is acknowledged, provide to school districts
1269	1269	or open-enrollment charter schools an accurate shipping date for
1270	1270	instructional materials [textbooks] that are back-ordered;
1271	1271	(8) shall guarantee delivery of instructional
1272	1272	materials [textbooks] at least 10 business days before the opening
1273	1273	day of school of the year for which the instructional materials
1274	1274	[textbooks] are ordered if the instructional materials [textbooks]
1275	1275	are ordered by a date specified in the sales contract; and
1276	1276	(9) shall submit to the State Board of Education an
1277	1277	affidavit certifying any instructional material [textbook] the
1278	1278	publisher or manufacturer offers in this state to be free of factual
1279	1279	errors at the time the publisher executes the contract required by
1280	1280	Section 31.026.
1281	1281	(d) A penalty collected under this section shall be
1282	1282	deposited to the credit of the state instructional materials
1283	1283	[textbook] fund.
1284	1284	SECTION 58. The heading to Section 31.152, Education Code,
1285	1285	is amended to read as follows:
1286	1286	Sec. 31.152. ACCEPTING REBATE ON [TEXTBOOKS, ELECTRONIC
1287	1287	TEXTBOOKS,] INSTRUCTIONAL MATERIALS[,] OR TECHNOLOGICAL EQUIPMENT.
1288	1288	SECTION 59. Subsections (a), (b), and (d), Section 31.152,
1289	1289	Education Code, are amended to read as follows:
1290	1290	(a) A school trustee, administrator, or teacher commits an
1291	1291	offense if that person receives any commission or rebate on any
1292	1292	[textbooks, electronic textbooks,] instructional materials[,] or
1293	1293	technological equipment used in the schools with which the person
1294	1294	is associated as a trustee, administrator, or teacher.
1295	1295	(b) A school trustee, administrator, or teacher commits an
1296	1296	offense if the person accepts a gift, favor, or service that:
1297	1297	(1) is given to the person or the person's school;
1298	1298	(2) might reasonably tend to influence a trustee,
1299	1299	administrator, or teacher in the selection of [a textbook,
1300	1300	electronic textbook,] instructional material[,] or technological
1301	1301	equipment; and
1302	1302	(3) could not be lawfully purchased with state
1303	1303	instructional materials funds [from the state textbook fund].
1304	1304	(d) In this section, "gift, favor, or service" does not
1305	1305	include:
1306	1306	(1) staff development, in-service, or teacher
1307	1307	training; or
1308	1308	(2) ancillary [instructional] materials, such as maps
1309	1309	or worksheets, that convey information to the student or otherwise
1310	1310	contribute to the learning process.
1311	1311	SECTION 60. The heading to Section 31.153, Education Code,
1312	1312	is amended to read as follows:
1313	1313	Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS
1314	1314	[TEXTBOOK] LAW.
1315	1315	SECTION 61. Subsection (a), Section 31.153, Education Code,
1316	1316	is amended to read as follows:
1317	1317	(a) A person commits an offense if the person knowingly
1318	1318	violates any law providing for the purchase or distribution of free
1319	1319	instructional materials [textbooks] for the public schools.
1320	1320	SECTION 62. Subsection (b), Section 39.303, Education Code,
1321	1321	is amended to read as follows:
1322	1322	(b) For a student who failed to perform satisfactorily as
1323	1323	determined under either performance standard under Section 39.0241
1324	1324	on an assessment instrument administered under Section 39.023(a),
1325	1325	(c), or (l), the school district shall include in the notice
1326	1326	specific information relating to access to [online] educational
1327	1327	resources at the appropriate assessment instrument content level,
1328	1328	including [educational resources described by Section 32.252(b)(2)
1329	1329	and] assessment instrument questions and answers released under
1330	1330	Section 39.023(e).
1331	1331	SECTION 63. Subsection (c), Section 41.124, Education Code,
1332	1332	is amended to read as follows:
1333	1333	(c) A school district that receives tuition for a student
1334	1334	from a school district with a wealth per student that exceeds the
1335	1335	equalized wealth level may not claim attendance for that student
1336	1336	for purposes of Chapters 42 and 46 and the instructional materials
1337	1337	[technology] allotment under Section 31.0211 [31.021(b)(2)].
1338	1338	SECTION 64. Subsection (b), Section 43.001, Education Code,
1339	1339	as amended by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of
1340	1340	the 78th Legislature, Regular Session, 2003, is reenacted to read
1341	1341	as follows:
1342	1342	(b) The available school fund, which shall be apportioned
1343	1343	annually to each county according to its scholastic population,
1344	1344	consists of:
1345	1345	(1) the distributions to the fund from the permanent
1346	1346	school fund as provided by Section 5(a), Article VII, Texas
1347	1347	Constitution;
1348	1348	(2) one-fourth of all revenue derived from all state
1349	1349	occupation taxes, exclusive of delinquencies and cost of
1350	1350	collection;
1351	1351	(3) one-fourth of revenue derived from state gasoline
1352	1352	and special fuels excise taxes as provided by law; and
1353	1353	(4) all other appropriations to the available school
1354	1354	fund made by the legislature for public school purposes.
1355	1355	SECTION 65. Section 43.001, Education Code, is amended by
1356	1356	adding Subsection (d) to read as follows:
1357	1357	(d) Each year the State Board of Education shall set aside
1358	1358	an amount equal to 50 percent of the annual distribution for that
1359	1359	year from the permanent school fund to the available school fund as
1360	1360	provided by Section 5(a), Article VII, Texas Constitution, to be
1361	1361	placed, subject to the General Appropriations Act, in the state
1362	1362	instructional materials fund established under Section 31.021.
1363	1363	SECTION 66. The following provisions of the Education Code
1364	1364	are repealed:
1365	1365	(1) Subdivision (3), Section 31.002;
1366	1366	(2) Subsections (b), (e), and (f), Section 31.021;
1367	1367	(3) Subsection (d), Section 31.022;
1368	1368	(4) Section 31.0222;
1369	1369	(5) Section 31.025;
1370	1370	(6) Subsections (e) and (g), Section 31.035;
1371	1371	(7) Subsection (c), Section 31.072;
1372	1372	(8) Subsections (a) and (b), Section 31.073;
1373	1373	(9) Subsections (b), (b-1), (c), and (c-1), Section
1374	1374	31.101;
1375	1375	(10) Section 31.1011;
1376	1376	(11) Subsections (a) and (e), Section 31.103;
1377	1377	(12) Subchapter E, Chapter 31;
1378	1378	(13) Section 32.005;
1379	1379	(14) Sections 32.251 through 32.257; and
1380	1380	(15) Sections 32.259 through 32.263.
1381	1381	SECTION 67. This Act takes effect September 1, 2012.
1382	1382	* * * * *