82S10326 E
By: Eissler H.B. No. 6
Substitute the following for H.B. No. 6:
By: Eissler C.S.H.B. No. 6
A BILL TO BE ENTITLED
AN ACT
relating to the foundation curriculum, the establishment of the
instructional materials allotment, the adoption, review, and
purchase of instructional materials and technological equipment
for public schools, and the administration of state assessment
instruments to public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 5, Education Code, is amended by adding
Section 5.002 to read as follows:
Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a
reference to a textbook means instructional material, as defined by
Section 31.002.
SECTION 2. 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 3. 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 4. 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 5. 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
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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. The heading to Chapter 31, Education Code, is
amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
SECTION 18. 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 19. 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 20. 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. (a) Each
school district and open-enrollment charter school shall annually
certify to the State Board of Education and the commissioner that,
for each subject in the required curriculum under Section 28.002,
other than physical education, 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.
(b) To determine whether each student has instructional
materials that cover all elements of the essential knowledge and
skills as required by Subsection (a), a school district or
open-enrollment charter school may consider:
(1) instructional materials adopted by the State Board
of Education;
(2) materials adopted or purchased by the commissioner
under Section 31.0231 or Subchapter B-1;
(3) open-source instructional materials submitted by
eligible institutions and adopted by the State Board of Education
under Section 31.0241;
(4) open-source instructional materials made
available by other public schools; and
(5) instructional materials developed or purchased by
the school district or open-enrollment charter school.
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 21. The heading to Section 31.021, Education Code,
is amended to read as follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
FUND.
SECTION 22. 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;
(5) pay the expenses associated with the purchase of
instructional material, including intrastate freight and shipping
and the insurance expenses associated with intrastate freight and
shipping; and
(6) fund the technology lending grant program
established under Section 32.201.
(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 23. 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 list adopted under
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:
(A) 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; and
(B) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment.
(d) Each year a school district shall use the district's
allotment under this section to purchase, in the following order:
(1) 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
required curriculum, other than physical education, for each grade
level as required by Section 28.002; and
(2) any other instructional materials or
technological equipment as determined by the district.
(d-1) Notwithstanding Subsection (d), for the state fiscal
biennium beginning September 1, 2011, a school district shall use
an allotment received under this section to purchase instructional
materials that will assist the district in satisfying performance
standards under Section 39.0241, as added by Chapter 895 (H.B. 3),
Acts of the 81st Legislature, Regular Session, 2009, on assessment
instruments adopted under Sections 39.023(a) and (c).
(d-2) Subsection (d-1) and this subsection expire August
31, 2013.
(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 shall adopt rules as necessary to
implement this section. The rules must include a requirement that a
school district provide the title and publication information for
any instructional materials requisitioned or purchased by the
district with the district's instructional materials allotment.
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 24. Section 31.022, Education Code, is amended to
read as follows:
Sec. 31.022. INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
ADOPTION. (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 in
the following subjects:
(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 purposes of the cycle described by Subsection (b),
the State Board of Education is considered to have adopted
instructional materials for English language arts, English as a
second language, and prekindergarten, as included in Proclamation
2011, for the biennium beginning September 1, 2011. 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.
(d) At least 12 [24] months before the beginning of the
school year for which instructional materials [textbooks] for a
particular subject and grade level will be adopted [purchased]
under the review and adoption cycle [adopted by the board], the
board shall publish notice of the review and adoption cycle for
those instructional materials [textbooks]. A request for
production must allow submission of open-source instructional
materials that are available for use by the state without charge on
the same basis as instructional materials offered for sale.
(d-1) A notice published under Subsection (d) must state
that a publisher of adopted instructional materials for a grade
level other than prekindergarten must submit an electronic sample
of the instructional materials as required by Sections 31.027(a)
and (b) and may not submit a print sample copy.
(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 LIST [TEXTBOOK LISTS].
(a) For each subject and grade level, the State Board of Education
shall adopt a list [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 at least half of the
elements [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 textbook
submitted for the subject and grade level that:
[(1) meets applicable physical specifications adopted
by the State Board of Education;
[(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the textbook, as
well as in the teacher version of the textbook; and
[(3) is adopted under Section 31.024].
(a-1) The State Board of Education shall determine the
percentage of the elements of the essential knowledge and skills of
the subject and grade level covered by each instructional material
submitted. The board's determination under this subsection is
final.
(b) Each instructional material [textbook] on the [a
conforming or nonconforming] list must be free from factual errors.
SECTION 27. (a) If S.B. No. 290, Acts of the 82nd
Legislature, Regular Session, 2011, does not become law, 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. If
the commissioner places material on the list adopted under
Subsection (a), the State Board of Education may, not later than the
90th day after the date the material is placed on the list, require
the commissioner to remove the material from the list. 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.
(b) If S.B. No. 290, Acts of the 82nd Legislature, Regular
Session, 2011, becomes law, Section 31.0231, Education Code, as
effective in June 2011, 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) [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:
(A) science in kindergarten through grade five;
and
(B) personal financial literacy in kindergarten
through grade eight.
(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. If
the commissioner places material on the list adopted under
Subsection (a), the State Board of Education may, not later than the
90th day after the date the material is placed on the list, require
the commissioner to remove the material from the list. 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 on the
[textbook on a conforming or nonconforming] list adopted under
Section 31.023; or
(2) reject instructional material [a textbook]
submitted for placement on that [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 list [lists] of adopted instructional materials
[textbooks] to each school district. [Each nonconforming list must
include the reasons an adopted 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 the [a conforming or nonconforming] list adopted
under Section 31.023 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; and
(5) by not later than the 90th day after the date the
instructional material is submitted and before placement of the
instructional material on the list, the board reviews and comments
on the instructional material.
(c) This section does not prohibit an eligible institution
from submitting instructional material [a textbook] for placement
on the [a conforming or nonconforming] list adopted under Section
31.023 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 placed [textbook listed] on the
[conforming or nonconforming] list adopted under Section 31.023.
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. (a) If S.B. No. 391, Acts of the 82nd
Legislature, Regular Session, 2011, does not become law, Section
31.027, Education Code, is amended to read as follows:
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
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 an electronic [a] sample [copy] of
submitted instructional material [an adopted textbook].
(b) A publisher shall provide an electronic [at least two]
sample [copies] 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].
(b) If S.B. No. 391, Acts of the 82nd Legislature, Regular
Session, 2011, becomes law, Section 31.027, Education Code, as
effective September 1, 2011, is amended to read as follows:
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
SAMPLE. (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 an electronic sample of submitted
instructional material [an adopted textbook].
(b) A publisher shall provide an electronic sample 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 adopted 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 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 adopted 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.
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 the
instructional material [a conforming or nonconforming textbook]
list adopted 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 open-source 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 adopted 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 adopted 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) Each instructional
material [textbook] purchased as provided by this chapter for a
school district or an open-enrollment charter school is the
property of the district or school [this state].
(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 textbooks purchased as provided by this chapter for
the district or school. The board of trustees] shall distribute
printed instructional material [textbooks] to students in the
manner that the board or governing body determines is most
effective and economical.
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 adopted under Section 31.023 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 31.104, 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 textbook must state that the textbook is the
property of or is licensed to this state, as appropriate. Each
textbook, other than an electronic textbook or a printed copy of an
open-source 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 54. 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 or governing
body of an open-enrollment charter school shall determine how the
district or school will dispose of discontinued printed
instructional materials, electronic instructional materials, and
technological equipment.
(c) The board of trustees of a school district or governing
body of an open-enrollment charter school may dispose of printed
instructional material before the date the instructional material
is discontinued for use in the public schools by the State Board of
Education if the board of trustees or governing body determines
that the instructional material is not needed by the district or
school and the board of trustees or governing body does not
reasonably expect that the instructional material will be needed.
A district or school must notify the commissioner of any
instructional material the district or school disposes of under
this subsection.
SECTION 55. 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 56. Section 31.151, Education Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) 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.
(e) An eligible institution, as defined by Section
31.0241(a), that offers open-source instructional materials under
Section 31.0241 is not a publisher or manufacturer for purposes of
this section.
SECTION 57. 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 58. 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.
SECTION 59. 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 60. 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 61. Chapter 32, Education Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. TECHNOLOGY LENDING PROGRAM GRANTS
Sec. 32.201. ESTABLISHMENT OF PROGRAM. (a) The
commissioner may establish a grant program under which grants are
awarded to school districts and open-enrollment charter schools to
implement a technology lending program to provide students access
to equipment necessary to use electronic instructional materials.
(b) A school district or an open-enrollment charter school
may apply to the commissioner to participate in the grant program.
In awarding grants under this subchapter for each school year, the
commissioner shall consider:
(1) the availability of existing equipment to students
in the district or charter school; and
(2) other funding available to the district or charter
school.
(c) The commissioner may determine the terms of a grant
awarded under this section, including limits on the grant amount
and approved uses of grant funds.
(d) The commissioner may recover funds not used in
accordance with the terms of a grant from any state funds otherwise
due to the school district or open-enrollment charter school.
Sec. 32.202. FUNDING. (a) The commissioner may set aside
not more than five percent of the state instructional materials
fund under Section 31.021 or a different amount determined by
appropriation to administer a grant program established under this
subchapter.
(b) The cost of administering a grant program under this
subchapter must be paid from funds provided under Subsection (a).
Sec. 32.203. USE OF GRANT FUNDS. (a) A school district or
open-enrollment charter school may use a grant awarded under
Section 32.201 or other local funds to purchase, maintain, and
insure equipment for a technology lending program.
(b) Equipment purchased by a school district or
open-enrollment charter school with a grant awarded under Section
32.201 is the property of the district or charter school.
SECTION 62. Section 39.023(c), Education Code, is amended
to read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, Algebra II,
geometry, biology, chemistry, physics, English I, English II,
English III, world geography, world history, and United States
history. The Algebra I, Algebra II, and geometry end-of-course
assessment instruments must be administered with the aid of
technology. A school district shall comply with State Board of
Education rules regarding administration of the assessment
instruments listed in this subsection. A district [and] shall adopt
a policy addressing whether [that requires] a student's performance
on an end-of-course assessment instrument for a course listed in
this subsection in which the student is enrolled will be used by the
district in determining [to account for 15 percent of] the
student's final grade for the course and, if so, the manner in which
the student's performance on an end-of-course assessment
instrument will be used in determining the student's final grade
for the course. If a student retakes an end-of-course assessment
instrument for a course listed in this subsection, as provided by
Section 39.025, a [school] district shall act in accordance with
district policy concerning whether [is not required] to use and, if
so, the manner in which to use the student's performance on the
subsequent administration or administrations of the assessment
instrument in determining [to determine] the student's final grade
for the course. If a student is in a special education program
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee shall determine whether any allowable
modification is necessary in administering to the student an
assessment instrument required under this subsection. The State
Board of Education shall administer the assessment instruments.
The State Board of Education shall adopt a schedule for the
administration of end-of-course assessment instruments that
complies with the requirements of Subsection (c-3).
SECTION 63. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0236 to read as follows:
Sec. 39.0236. REDUCED ASSESSMENT REQUIREMENTS PILOT
PROGRAM. (a) In this section, "pilot program" means the reduced
assessment requirements pilot program established under this
section.
(b) The commissioner by rule shall establish a pilot program
in which certain students in grades three through eight at a
participating campus have reduced assessment requirements, as
provided by this section.
(c) A campus may apply to the commissioner to participate in
the pilot program.
(d) The commissioner shall select at least 20 campuses to
participate in the pilot program. In selecting campuses for
participation in the pilot program, the commissioner shall ensure
that, to the greatest extent practicable, the diverse demographic,
geographic, socioeconomic, and academic characteristics found in
this state are represented and that elementary and middle or junior
high schools are represented.
(e) Notwithstanding Section 39.023, a student attending a
campus participating in the pilot program, other than a student
administered assessment instruments under Section 39.023(b) or (l)
or granted an exemption from administration of an assessment
instrument under Section 39.027, shall be assessed using assessment
instruments adopted or developed under Section 39.023(a) in:
(1) mathematics:
(A) in grades three and five without the aid of
technology; and
(B) in grade eight with the aid of technology on
any assessment instrument that includes algebra;
(2) reading, in grades three, five, and eight;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) social studies, in grade eight; and
(5) science, in grades five and eight.
(f) A student shall be assessed in grade four in mathematics
or reading using an assessment instrument administered under
Subsection (e) in grade three if, on the final assessment
instrument in that subject administered to the student in grade
three during the preceding school year, the student did not achieve
a score determined through the analysis of previous years' testing
data to predict with a high level of statistical confidence that a
student will pass the following year.
(g) A student shall be assessed in grade six in mathematics
or reading using an assessment instrument administered under
Subsection (e) in grade five if, on the final assessment instrument
in that subject administered to the student in grade five during the
preceding school year, the student did not achieve a score
determined through the analysis of previous years' testing data to
predict with a high level of statistical confidence that a student
will pass the following year.
(h) A student shall be assessed in grade seven in
mathematics or reading using an assessment instrument administered
under Subsection (g) in grade six if, on the final assessment
instrument in that subject administered to the student in grade six
during the preceding school year, the student did not achieve a
score determined through the analysis of previous years' testing
data to predict with a high level of statistical confidence that a
student will pass the following year.
(i) A participating campus may, for its own use in
determining whether students are performing at a satisfactory
level, administer to a student at the appropriate grade level,
other than a student required to be assessed under this section, an
assessment instrument. At the request of a participating campus,
the agency shall provide, allow for the administration of, and
score each assessment instrument administered under this
subsection in the same manner and at the same cost as for assessment
instruments required to be administered under the applicable
subsection. The results of an assessment instrument administered
under this subsection may not be included as an indicator of student
achievement under Section 39.054 or any other provision.
(j) If there is a conflict between this section and federal
law as a result of forgoing under this section certain
administration of assessment instruments to students who have
recently performed successfully on assessment instruments
assessing the same subject, the commissioner shall seek a waiver
from the application of conflicting federal law for a campus
participating in the pilot program.
(k) The commissioner shall adopt rules as necessary to
administer this section.
(l) The commissioner shall conduct a study to determine
whether the pilot program has been successful. The study must
compare the achievements in mathematics and reading of students at
participating and nonparticipating campuses in similar geographic
areas that have students of similar demographic, socioeconomic, and
academic characteristics. The study must evaluate the differences
between mathematics and reading performance of students at campuses
participating in the pilot program and those in matched
nonparticipating campuses. Not later than September 1, 2014, the
commissioner shall submit the results of the study to the
legislature.
(m) The commissioner by rule shall establish the pilot
program for the 2012-2013 and 2013-2014 school years.
(n) This section expires December 31, 2014.
SECTION 64. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), (e),
(f), and (g) and adding Subsections (a-4) and (a-5) to read as
follows:
(a) The commissioner shall adopt rules requiring a student
participating in the recommended or advanced high school program to
be administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
minimum high school program to be administered an end-of-course
assessment instrument listed in Section 39.023(c) only for a course
in which the student is enrolled and for which an end-of-course
assessment instrument is administered. [A student is required to
achieve, in each subject in the foundation curriculum under Section
28.002(a)(1), a cumulative score that is at least equal to the
product of the number of end-of-course assessment instruments
administered to the student in that subject and a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student. A student may not receive a high
school diploma until the student has performed satisfactorily on
the end-of-course assessment instruments in the manner provided
under this subsection. This subsection does not require a student
to demonstrate readiness to enroll in an institution of higher
education.]
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
as a factor in determining whether the student satisfies the
requirements of Subsection (a) and Subsection (a-2), (a-3), or
(a-4), as applicable to the student[, including the cumulative
score requirement of that subsection]. The commissioner by rule
may determine a method by which a student's satisfactory
performance on a Preliminary Scholastic Assessment Test (PSAT)
assessment or a preliminary American College Test (ACT) assessment
may be used as a factor in determining whether the student satisfies
the requirements of Subsection (a) and Subsection (a-2), (a-3), or
(a-4), as applicable to the student.
(a-2) To graduate under the recommended high school program
[In addition to the cumulative score requirements under Subsection
(a)], a student must achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(1) English III;
(2) [and] Algebra II;
(3) biology, chemistry, or physics; and
(4) world geography, world history, or United States
history [end-of-course assessment instruments to graduate under
the recommended high school program].
(a-3) To graduate under the advanced high school program [In
addition to the cumulative score requirements under Subsection
(a)], a student must:
(1) achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a-1) on
end-of-course assessment instruments for the following:
(A) English III; and
(B) Algebra II; and
(2) achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(A) biology, chemistry, or physics; and
(B) world geography, world history, or United
States history [in order to graduate under the advanced high school
program].
(a-4) To graduate under the minimum high school program, a
student must achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(1) English III;
(2) Algebra I;
(3) biology, chemistry, or physics; and
(4) world geography, world history, or United States
history.
(a-5) The admission, review, and dismissal committee of a
student in a special education program under Subchapter A, Chapter
29, shall determine whether, to receive a high school diploma, the
student is required to achieve satisfactory performance on
end-of-course assessment instruments.
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to achieve the [a minimum] score
requirement under this section may [Subsection (a) shall] retake
the assessment instrument. A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument. [Any other student may retake an
end-of-course assessment instrument for any reason.] A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under this section [requirements] for one or more
end-of-course assessment instruments as necessary [subjects
prescribed by Subsection (a)] for receiving a high school diploma,
the district shall require the student to enroll in a corresponding
content-area college preparatory course for which an end-of-course
assessment instrument has been adopted, if available. A student
who enrolls in a college preparatory course described by this
subsection shall be administered an end-of-course assessment
instrument for the course, with the end-of-course assessment
instrument scored on a scale as determined by the commissioner [not
to exceed 20 percent of the cumulative score requirements required
to graduate as determined under Subsection (a)]. A student may use
the student's score on the end-of-course assessment instrument for
the college preparatory course towards satisfying the [cumulative]
score requirement under this section [requirements prescribed by
Subsection (a)].
(e) The commissioner shall establish a required performance
level for an assessment instrument adopted under Subsection (d)
that is at least as rigorous as the performance level required to be
met under Subsection (a-2), (a-3), or (a-4), as applicable to the
student [(a)].
(f) The commissioner shall by rule adopt a transition plan
to implement the amendments made by Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007, replacing
general subject assessment instruments administered at the high
school level with end-of-course assessment instruments. The rules
must provide for the end-of-course assessment instruments adopted
under Section 39.023(c) to be administered beginning with students
entering the ninth grade during the 2011-2012 school year. During
the period under which the transition to end-of-course assessment
instruments is made:
(1) for students entering a grade above the ninth
grade during the 2011-2012 school year and to the extent necessary
for purposes of Subdivisions (5) and (6), the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures under this chapter the
assessment instruments required by Section 39.023(a) or (c), as
that section existed before amendment by Chapter 1312 (S.B. No.
1031), Acts of the 80th Legislature, Regular Session, 2007;
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on each required assessment instrument administered
under Section 39.023(c) as that section existed before amendment by
Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
Session, 2007; [and]
(3) the agency may defer releasing assessment
instrument questions and answer keys as required by Section
39.023(e) to the extent necessary to develop additional assessment
instruments;
(4) a student entering ninth grade during the
2011-2012 or 2012-2013 school year shall be administered each
end-of-course assessment instrument listed in Section 39.023(c)
for a course in which the student is enrolled and for which an
end-of-course assessment instrument is administered;
(5) a student subject to Subdivision (4) may not
receive a high school diploma under the recommended high school
program unless the student:
(A) achieves a score that meets or exceeds the
score determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(i) English III;
(ii) Algebra II;
(iii) biology, chemistry, or physics; and
(iv) world geography, world history, or
United States history; or
(B) has performed satisfactorily on each
required assessment instrument administered under Section
39.023(c), as that section existed before amendment by Chapter 1312
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
2007;
(6) a student subject to Subdivision (4) may not
receive a high school diploma under the minimum high school program
unless the student:
(A) achieves a score that meets or exceeds the
score determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(i) English III;
(ii) Algebra I;
(iii) biology, chemistry, or physics; and
(iv) world geography, world history, or
United States history; or
(B) has performed satisfactorily on each
required assessment instrument administered under Section
39.023(c), as that section existed before amendment by Chapter 1312
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
2007; and
(7) a student entering ninth grade during the
2013-2014 school year or a later school year may not receive a high
school diploma unless the student has satisfied the requirements of
Subsection (a) and Subsection (a-2), (a-3), or (a-4), as applicable
to the student.
(g) Rules adopted under Subsection (f) must require that
each student who will be subject to the requirements of Subsection
(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the
specific requirements applicable to the student. Notice under this
subsection must be provided not later than the date the student
enters the eighth grade. For a student who entered eighth grade in
the 2010-2011 school year, notice under this subsection must also
be provided not later than the date the student enters the ninth
grade to inform the student of modifications in the requirements
applicable to the student. Subsection (f) and this subsection
expire September 1, 2017 [2015].
SECTION 65. 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 66. Section 41.124(c), Education Code, as effective
September 1, 2011, 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 [32.005].
SECTION 67. 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 68. Section 43.001, Education Code, is amended by
adding Subsections (d) through (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 69. The following provisions of the Education Code
are repealed:
(1) Section 31.002(3);
(2) Sections 31.021(b), (e), and (f);
(3) Section 31.0222;
(4) Section 31.025;
(5) Sections 31.035(e) and (g);
(6) Section 31.072(c);
(7) Sections 31.073(a) and (b);
(8) Sections 31.101(b), (b-1), (c), and (c-1);
(9) Section 31.1011;
(10) Sections 31.103(a) and (e);
(11) Section 31.1031;
(12) Subchapter E, Chapter 31;
(13) Section 32.005;
(14) Sections 32.251 through 32.257;
(15) Sections 32.259 through 32.263; and
(16) Subchapter H, Chapter 32.
SECTION 70. Sections 2175.128(a-1) and (b-1), Government
Code, are repealed.
SECTION 71. The change in law made by this Act to Section
7.108, Education Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 72. This Act takes effect September 1, 2011, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect on the 91st day after the last day of the
legislative session.