Texas 2011 - 82nd 1st C.S.

Texas House Bill HB6 Compare Versions

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1	1	82S10326 E
2	2	By: Eissler H.B. No. 6
3	3	Substitute the following for H.B. No. 6:
4	4	By: Eissler C.S.H.B. No. 6
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the foundation curriculum, the establishment of the
10	10	instructional materials allotment, the adoption, review, and
11	11	purchase of instructional materials and technological equipment
12	12	for public schools, and the administration of state assessment
13	13	instruments to public school students.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 5, Education Code, is amended by adding
16	16	Section 5.002 to read as follows:
17	17	Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a
18	18	reference to a textbook means instructional material, as defined by
19	19	Section 31.002.
20	20	SECTION 2. Section 7.055(b)(28), Education Code, is amended
21	21	to read as follows:
22	22	(28) The commissioner shall perform duties relating to
23	23	the funding, adoption, and purchase of instructional materials
24	24	[textbooks] under Chapter 31.
25	25	SECTION 3. Section 7.056(f), Education Code, is amended to
26	26	read as follows:
27	27	(f) A school district or campus that is required to develop
28	28	and implement a student achievement improvement plan under Section
29	29	39.102 or 39.103 may receive an exemption or waiver under this
30	30	section from any law or rule other than:
31	31	(1) a prohibition on conduct that constitutes a
32	32	criminal offense;
33	33	(2) a requirement imposed by federal law or rule;
34	34	(3) a requirement, restriction, or prohibition
35	35	imposed by state law or rule relating to:
36	36	(A) public school accountability as provided by
37	37	Subchapters B, C, D, E, and J, Chapter 39; or
38	38	(B) educator rights and benefits under
39	39	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
40	40	A, Chapter 22; or
41	41	(4) [textbook] selection of instructional materials
42	42	under Chapter 31.
43	43	SECTION 4. Section 7.102(c)(23), Education Code, is amended
44	44	to read as follows:
45	45	(23) The board shall adopt and purchase or license
46	46	instructional materials [textbooks] as provided by Chapter 31 and
47	47	adopt rules required by that chapter.
48	48	SECTION 5. Sections 7.108(a) and (c), Education Code, are
49	49	amended to read as follows:
50	50	(a) A person interested in selling bonds of any type or a
51	51	person engaged in manufacturing, shipping, selling, or advertising
52	52	instructional materials [textbooks or otherwise connected with the
53	53	textbook business] commits an offense if the person makes or
54	54	authorizes a political contribution to or takes part in, directly
55	55	or indirectly, the campaign of any person seeking election to or
56	56	serving on the board.
57	57	(c) In this section:
58	58	(1) "Instructional material" has the meaning assigned
59	59	by Section 31.002.
60	60	(2) "Political contribution" has the meaning assigned
61	61	by Section 251.001, Election Code.
62	62	[(2) "Textbook" has the meaning assigned by Section
63	63	31.002.]
64	64	SECTION 6. The heading to Section 7.112, Education Code, is
65	65	amended to read as follows:
66	66	Sec. 7.112. REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
67	67	INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
68	68	SECTION 7. Section 7.112(a), Education Code, is amended to
69	69	read as follows:
70	70	(a) A former member of the State Board of Education who is
71	71	employed by or otherwise receives compensation from a [textbook]
72	72	publisher of instructional materials may not, before the second
73	73	anniversary of the date on which the person last served as a member
74	74	of the State Board of Education:
75	75	(1) confer with a member of the board of trustees of a
76	76	school district concerning instructional materials [a textbook]
77	77	published by that [textbook] publisher; or
78	78	(2) appear at a meeting of the board of trustees on
79	79	behalf of the [textbook] publisher.
80	80	SECTION 8. Section 7.112(c)(2), Education Code, is amended
81	81	to read as follows:
82	82	(2) "Instructional material" and "publisher"
83	83	["Publisher" and "textbook"] have the meanings assigned by Section
84	84	31.002.
85	85	SECTION 9. Section 11.158(b), Education Code, is amended to
86	86	read as follows:
87	87	(b) The board may not charge fees for:
88	88	(1) instructional materials [textbooks], workbooks,
89	89	laboratory supplies, or other supplies necessary for participation
90	90	in any instructional course except as authorized under this code;
91	91	(2) field trips required as a part of a basic education
92	92	program or course;
93	93	(3) any specific form of dress necessary for any
94	94	required educational program or diplomas;
95	95	(4) the payment of instructional costs for necessary
96	96	school personnel employed in any course or educational program
97	97	required for graduation;
98	98	(5) library materials [books] required to be used for
99	99	any educational course or program, other than fines for lost,
100	100	damaged, or overdue materials [books];
101	101	(6) admission to any activity the student is required
102	102	to attend as a prerequisite to graduation;
103	103	(7) admission to or examination in any required
104	104	educational course or program; or
105	105	(8) lockers.
106	106	SECTION 10. Section 11.164(a), Education Code, is amended
107	107	to read as follows:
108	108	(a) The board of trustees of each school district shall
109	109	limit redundant requests for information and the number and length
110	110	of written reports that a classroom teacher is required to prepare.
111	111	A classroom teacher may not be required to prepare any written
112	112	information other than:
113	113	(1) any report concerning the health, safety, or
114	114	welfare of a student;
115	115	(2) a report of a student's grade on an assignment or
116	116	examination;
117	117	(3) a report of a student's academic progress in a
118	118	class or course;
119	119	(4) a report of a student's grades at the end of each
120	120	grade reporting period;
121	121	(5) a [textbook] report on instructional materials;
122	122	(6) a unit or weekly lesson plan that outlines, in a
123	123	brief and general manner, the information to be presented during
124	124	each period at the secondary level or in each subject or topic at
125	125	the elementary level;
126	126	(7) an attendance report;
127	127	(8) any report required for accreditation review;
128	128	(9) any information required by a school district that
129	129	relates to a complaint, grievance, or actual or potential
130	130	litigation and that requires the classroom teacher's involvement;
131	131	or
132	132	(10) any information specifically required by law,
133	133	rule, or regulation.
134	134	SECTION 11. Section 19.007(e), Education Code, is amended
135	135	to read as follows:
136	136	(e) The district may participate in the instructional
137	137	materials [textbook] program under Chapter 31.
138	138	SECTION 12. Sections 26.006(a) and (c), Education Code, are
139	139	amended to read as follows:
140	140	(a) A parent is entitled to:
141	141	(1) review all teaching materials, instructional
142	142	materials [textbooks], and other teaching aids used in the
143	143	classroom of the parent's child; and
144	144	(2) review each test administered to the parent's
145	145	child after the test is administered.
146	146	(c) A student's parent is entitled to request that the
147	147	school district or open-enrollment charter school the student
148	148	attends allow the student to take home any instructional materials
149	149	[textbook] used by the student. Subject to the availability of the
150	150	instructional materials [a textbook], the district or school shall
151	151	honor the request. A student who takes home instructional
152	152	materials [a textbook] must return the instructional materials
153	153	[textbook] to school at the beginning of the next school day if
154	154	requested to do so by the student's teacher. In this subsection,
155	155	"instructional material" ["textbook"] has the meaning assigned by
156	156	Section 31.002.
157	157	SECTION 13. Sections 28.002(a), (c), (h), and (n),
158	158	Education Code, are amended to read as follows:
159	159	(a) Each school district that offers kindergarten through
160	160	grade 12 shall offer, as a required curriculum:
161	161	(1) a foundation curriculum that includes:
162	162	(A) English language arts;
163	163	(B) mathematics;
164	164	(C) science; and
165	165	(D) social studies, consisting of Texas, United
166	166	States, and world history, government, economics, with emphasis on
167	167	the free enterprise system and its benefits, and geography; and
168	168	(2) an enrichment curriculum that includes:
169	169	(A) to the extent possible, languages other than
170	170	English;
171	171	(B) health, with emphasis on the importance of
172	172	proper nutrition and exercise;
173	173	(C) physical education;
174	174	(D) fine arts;
175	175	(E) [economics, with emphasis on the free
176	176	enterprise system and its benefits;
177	177	[(F)] career and technology education;
178	178	(F) [(G)] technology applications; and
179	179	(G) [(H)] religious literature, including the
180	180	Hebrew Scriptures (Old Testament) and New Testament, and its impact
181	181	on history and literature.
182	182	(c) The State Board of Education, with the direct
183	183	participation of educators, parents, business and industry
184	184	representatives, and employers shall by rule identify the essential
185	185	knowledge and skills of each subject of the required curriculum
186	186	that all students should be able to demonstrate and that will be
187	187	used in evaluating instructional materials [textbooks] under
188	188	Chapter 31 and addressed on the assessment instruments required
189	189	under Subchapter B, Chapter 39. As a condition of accreditation,
190	190	the board shall require each district to provide instruction in the
191	191	essential knowledge and skills at appropriate grade levels.
192	192	(h) The State Board of Education and each school district
193	193	shall foster the continuation of the tradition of teaching United
194	194	States and Texas history and the free enterprise system in regular
195	195	subject matter and in reading courses and in the adoption of
196	196	instructional materials [textbooks]. A primary purpose of the
197	197	public school curriculum is to prepare thoughtful, active citizens
198	198	who understand the importance of patriotism and can function
199	199	productively in a free enterprise society with appreciation for the
200	200	basic democratic values of our state and national heritage.
201	201	(n) The State Board of Education may by rule develop and
202	202	implement a plan designed to incorporate foundation curriculum
203	203	requirements into the career and technology education curriculum
204	204	under Subsection (a)(2)(E) [(a)(2)(F)].
205	205	SECTION 14. Sections 28.0022(a) and (d), Education Code,
206	206	are amended to read as follows:
207	207	(a) Not later than November 1, 2007, the agency shall
208	208	establish a panel under this section to:
209	209	(1) review and recommend revisions to the career and
210	210	technical education curriculum under Section 28.002(a)(2)(E)
211	211	[28.002(a)(2)(F)]; and
212	212	(2) review and recommend revisions for the program in
213	213	which high schools and articulated postsecondary institutions
214	214	allow high school students to take advanced technical credit
215	215	courses.
216	216	(d) Not later than November 1, 2008, the panel shall:
217	217	(1) complete the review as required by this section
218	218	of:
219	219	(A) the career and technical education
220	220	curriculum; and
221	221	(B) the program under which high schools and
222	222	articulated postsecondary institutions allow high school students
223	223	to take advanced technical credit courses; and
224	224	(2) make recommendations to the State Board of
225	225	Education as necessary to:
226	226	(A) increase the academic rigor of the career and
227	227	technical education curriculum under Section 28.002(a)(2)(E)
228	228	[28.002(a)(2)(F)]; and
229	229	(B) improve and increase participation in the
230	230	program under which high schools and articulated postsecondary
231	231	institutions allow high school students to take advanced technical
232	232	credit courses.
233	233	SECTION 15. Section 28.003(b), Education Code, is amended
234	234	to read as follows:
235	235	(b) In this section, "educational program" means a course or
236	236	series of courses in the required curriculum under Section 28.002,
237	237	other than a fine arts course under Section 28.002(a)(2)(D) or a
238	238	career and technology course under Section 28.002(a)(2)(E)
239	239	[28.002(a)(2)(F)].
240	240	SECTION 16. Section 28.011(c), Education Code, is amended
241	241	to read as follows:
242	242	(c) A student may not be required to use a specific
243	243	translation as the sole text of the Hebrew Scriptures or New
244	244	Testament and may use as the basic instructional material
245	245	[textbook] a different translation of the Hebrew Scriptures or New
246	246	Testament from that chosen by the board of trustees of the student's
247	247	school district or the student's teacher.
248	248	SECTION 17. The heading to Chapter 31, Education Code, is
249	249	amended to read as follows:
250	250	CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
251	251	SECTION 18. Section 31.001, Education Code, is amended to
252	252	read as follows:
253	253	Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
254	254	Instructional materials [Textbooks] selected for use in the public
255	255	schools shall be furnished without cost to the students attending
256	256	those schools. Except as provided by Section 31.104(d), a school
257	257	district may not charge a student for instructional material or
258	258	technological equipment purchased by the district with the
259	259	district's instructional materials allotment.
260	260	SECTION 19. Sections 31.002(1), (1-a), (2), and (4),
261	261	Education Code, are amended to read as follows:
262	262	(1) "Instructional material" ["Electronic textbook"]
263	263	means content that conveys the essential knowledge and skills of a
264	264	subject in the public school curriculum through a medium or a
265	265	combination of media for conveying information to a student. The
266	266	term includes a book, supplementary materials, a combination of a
267	267	book, workbook, and supplementary materials, computer software,
268	268	[interactive videodisc,] magnetic media, DVD, CD-ROM, computer
269	269	courseware, on-line services, or an electronic medium, or other
270	270	means of conveying information to the student or otherwise
271	271	contributing to the learning process through electronic means,
272	272	including [an] open-source instructional material [textbook].
273	273	(1-a) "Open-source instructional material"
274	274	[textbook"] means [an] electronic instructional material
275	275	[textbook] that is available for downloading from the Internet at
276	276	no charge to a student and without requiring the purchase of an
277	277	unlock code, membership, or other access or use charge, except for a
278	278	charge to order an optional printed copy of all or part of the
279	279	instructional material [textbook]. The term includes [a]
280	280	state-developed open-source instructional material [textbook]
281	281	purchased under Subchapter B-1.
282	282	(2) "Publisher" includes an on-line service or a
283	283	developer or distributor of [an] electronic instructional
284	284	materials [textbook].
285	285	(4) "Technological equipment" means hardware, a
286	286	device, or equipment necessary for:
287	287	(A) instructional use in the classroom,
288	288	including to gain access to or enhance the use of [an] electronic
289	289	instructional materials [textbook]; or
290	290	(B) professional use by a classroom teacher.
291	291	SECTION 20. Subchapter A, Chapter 31, Education Code, is
292	292	amended by amending Sections 31.003 and 31.004 and adding Section
293	293	31.005 to read as follows:
294	294	Sec. 31.003. RULES. The State Board of Education may adopt
295	295	rules, consistent with this chapter, for the adoption, requisition,
296	296	distribution, care, use, and disposal of instructional materials
297	297	[textbooks].
298	298	Sec. 31.004. CERTIFICATION OF PROVISION OF [TEXTBOOKS,
299	299	ELECTRONIC TEXTBOOKS, AND] INSTRUCTIONAL MATERIALS. (a) Each
300	300	school district and open-enrollment charter school shall annually
301	301	certify to the State Board of Education and the commissioner that,
302	302	for each subject in the required curriculum under Section 28.002,
303	303	other than physical education, and each grade level, the district
304	304	provides each student with [textbooks, electronic textbooks, or]
305	305	instructional materials that cover all elements of the essential
306	306	knowledge and skills adopted by the State Board of Education for
307	307	that subject and grade level.
308	308	(b) To determine whether each student has instructional
309	309	materials that cover all elements of the essential knowledge and
310	310	skills as required by Subsection (a), a school district or
311	311	open-enrollment charter school may consider:
312	312	(1) instructional materials adopted by the State Board
313	313	of Education;
314	314	(2) materials adopted or purchased by the commissioner
315	315	under Section 31.0231 or Subchapter B-1;
316	316	(3) open-source instructional materials submitted by
317	317	eligible institutions and adopted by the State Board of Education
318	318	under Section 31.0241;
319	319	(4) open-source instructional materials made
320	320	available by other public schools; and
321	321	(5) instructional materials developed or purchased by
322	322	the school district or open-enrollment charter school.
323	323	Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
324	324	An open-enrollment charter school is entitled to the instructional
325	325	materials allotment under this chapter and is subject to this
326	326	chapter as if the school were a school district.
327	327	SECTION 21. The heading to Section 31.021, Education Code,
328	328	is amended to read as follows:
329	329	Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
330	330	FUND.
331	331	SECTION 22. Section 31.021, Education Code, is amended by
332	332	amending Subsections (a) and (d) and adding Subsection (c) to read
333	333	as follows:
334	334	(a) The state instructional materials [textbook] fund
335	335	consists of:
336	336	(1) an amount set aside by the State Board of Education
337	337	from the available school fund, in accordance with Section
338	338	43.001(d); and
339	339	(2) [all funds accruing from the state's sale of
340	340	disused textbooks; and
341	341	[(3)] all amounts lawfully paid into the fund from any
342	342	other source.
343	343	(c) Money in the state instructional materials fund shall be
344	344	used to:
345	345	(1) fund the instructional materials allotment, as
346	346	provided by Section 31.0211;
347	347	(2) purchase special instructional materials for the
348	348	education of blind and visually impaired students in public
349	349	schools;
350	350	(3) pay the expenses associated with the instructional
351	351	materials adoption and review process under this chapter;
352	352	(4) pay the expenses associated with the purchase or
353	353	licensing of open-source instructional material;
354	354	(5) pay the expenses associated with the purchase of
355	355	instructional material, including intrastate freight and shipping
356	356	and the insurance expenses associated with intrastate freight and
357	357	shipping; and
358	358	(6) fund the technology lending grant program
359	359	established under Section 32.201.
360	360	(d) Money transferred to the state instructional materials
361	361	[textbook] fund remains in the fund until spent and does not lapse
362	362	to the state at the end of the fiscal year.
363	363	SECTION 23. Subchapter B, Chapter 31, Education Code, is
364	364	amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214
365	365	to read as follows:
366	366	Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) A
367	367	school district is entitled to an annual allotment from the state
368	368	instructional materials fund for each student enrolled in the
369	369	district on a date during the preceding school year specified by the
370	370	commissioner. The commissioner shall determine the amount of the
371	371	allotment per student each year on the basis of the amount of money
372	372	available in the state instructional materials fund to fund the
373	373	allotment. An allotment under this section shall be transferred
374	374	from the state instructional materials fund to the credit of the
375	375	district's instructional materials account as provided by Section
376	376	31.0212.
377	377	(b) A juvenile justice alternative education program under
378	378	Section 37.011 is entitled to an allotment from the state
379	379	instructional materials fund in an amount determined by the
380	380	commissioner. The program shall use the allotment to purchase
381	381	items listed in Subsection (c) for students enrolled in the
382	382	program. The commissioner's determination under this subsection is
383	383	final and may not be appealed.
384	384	(c) Subject to Subsection (d), funds allotted under this
385	385	section may be used to:
386	386	(1) purchase:
387	387	(A) materials on the list adopted by the
388	388	commissioner, as provided by Section 31.0231;
389	389	(B) instructional materials, regardless of
390	390	whether the instructional materials are on the list adopted under
391	391	Section 31.024;
392	392	(C) consumable instructional materials,
393	393	including workbooks;
394	394	(D) instructional materials for use in bilingual
395	395	education classes, as provided by Section 31.029;
396	396	(E) supplemental instructional materials, as
397	397	provided by Section 31.035;
398	398	(F) state-developed open-source instructional
399	399	materials, as provided by Subchapter B-1;
400	400	(G) instructional materials and technological
401	401	equipment under any continuing contracts of the district in effect
402	402	on September 1, 2011; and
403	403	(H) technological equipment necessary to support
404	404	the use of materials included on the list adopted by the
405	405	commissioner under Section 31.0231 or any instructional materials
406	406	purchased with an allotment under this section; and
407	407	(2) pay:
408	408	(A) for training educational personnel directly
409	409	involved in student learning in the appropriate use of
410	410	instructional materials and for providing for access to
411	411	technological equipment for instructional use; and
412	412	(B) the salary and other expenses of an employee
413	413	who provides technical support for the use of technological
414	414	equipment.
415	415	(d) Each year a school district shall use the district's
416	416	allotment under this section to purchase, in the following order:
417	417	(1) instructional materials necessary to permit the
418	418	district to certify that the district has instructional materials
419	419	that cover all elements of the essential knowledge and skills of the
420	420	required curriculum, other than physical education, for each grade
421	421	level as required by Section 28.002; and
422	422	(2) any other instructional materials or
423	423	technological equipment as determined by the district.
424	424	(d-1) Notwithstanding Subsection (d), for the state fiscal
425	425	biennium beginning September 1, 2011, a school district shall use
426	426	an allotment received under this section to purchase instructional
427	427	materials that will assist the district in satisfying performance
428	428	standards under Section 39.0241, as added by Chapter 895 (H.B. 3),
429	429	Acts of the 81st Legislature, Regular Session, 2009, on assessment
430	430	instruments adopted under Sections 39.023(a) and (c).
431	431	(d-2) Subsection (d-1) and this subsection expire August
432	432	31, 2013.
433	433	(e) Not later than May 31 of each school year, a school
434	434	district may request that the commissioner adjust the number of
435	435	students for which the district is entitled to receive an allotment
436	436	under Subsection (a) on the grounds that the number of students
437	437	attending school in the district will increase or decrease during
438	438	the school year for which the allotment is provided. The
439	439	commissioner may also adjust the number of students for which a
440	440	district is entitled to receive an allotment, without a request by
441	441	the district, if the commissioner determines a different number of
442	442	students is a more accurate reflection of students who will be
443	443	attending school in the district. The commissioner's determination
444	444	under this subsection is final.
445	445	(f) The commissioner may adopt rules as necessary to
446	446	implement this section.
447	447	Sec. 31.0212. INSTRUCTIONAL MATERIALS ACCOUNT. (a) The
448	448	commissioner shall maintain an instructional materials account for
449	449	each school district. Each school year, the commissioner shall
450	450	deposit in the account for each district the amount of the
451	451	district's instructional materials allotment under Section
452	452	31.0211.
453	453	(b) The commissioner shall pay the cost of instructional
454	454	materials requisitioned by a school district under Section 31.103
455	455	using funds from the district's instructional materials account.
456	456	(c) A school district may also use funds in the district's
457	457	account to purchase electronic instructional materials or
458	458	technological equipment. The district shall submit to the
459	459	commissioner a request for funds for this purpose from the
460	460	district's account. The commissioner shall adopt rules regarding
461	461	the documentation a school district must submit to receive funds
462	462	under this subsection.
463	463	(d) Money deposited in a school district's instructional
464	464	materials account during each state fiscal biennium remains in the
465	465	account and available for use by the district for the entire
466	466	biennium. At the end of each biennium, a district with unused money
467	467	in the district's account may carry forward any remaining balance
468	468	to the next biennium.
469	469	(e) The commissioner shall adopt rules as necessary to
470	470	implement this section. The rules must include a requirement that a
471	471	school district provide the title and publication information for
472	472	any instructional materials requisitioned or purchased by the
473	473	district with the district's instructional materials allotment.
474	474	Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
475	475	MATERIALS ALLOTMENT. Each school district shall annually certify
476	476	to the commissioner that the district's instructional materials
477	477	allotment has been used only for expenses allowed by Section
478	478	31.0211.
479	479	Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
480	480	DISTRICTS. (a) Each year the commissioner shall adjust the
481	481	instructional materials allotment of school districts experiencing
482	482	high enrollment growth. The commissioner shall establish a
483	483	procedure for determining high enrollment growth districts
484	484	eligible to receive an adjustment under this section and the amount
485	485	of the instructional materials allotment those districts will
486	486	receive.
487	487	(b) The commissioner may adopt rules as necessary to
488	488	implement this section.
489	489	SECTION 24. Section 31.022, Education Code, is amended to
490	490	read as follows:
491	491	Sec. 31.022. INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
492	492	ADOPTION. (a) The State Board of Education shall adopt a review
493	493	and adoption cycle for instructional materials [textbooks] for
494	494	elementary grade levels, including prekindergarten, and secondary
495	495	grade levels, for each subject in the required curriculum under
496	496	Section 28.002. In adopting the cycle, the board:
497	497	(1) is not required to review and adopt instructional
498	498	materials for all grade levels in a single year; and
499	499	(2) shall give priority to instructional materials in
500	500	the following subjects:
501	501	(A) foundation curriculum subjects for which the
502	502	essential knowledge and skills have been substantially revised and
503	503	for which assessment instruments are required under Subchapter B,
504	504	Chapter 39, including career and technology courses that satisfy
505	505	foundation curriculum requirements as provided by Section
506	506	28.002(n);
507	507	(B) foundation curriculum subjects for which the
508	508	essential knowledge and skills have been substantially revised,
509	509	including career and technology courses that satisfy foundation
510	510	curriculum requirements as provided by Section 28.002(n);
511	511	(C) foundation curriculum subjects not described
512	512	by Paragraph (A) or (B), including career and technology courses
513	513	that satisfy foundation curriculum requirements as provided by
514	514	Section 28.002(n); and
515	515	(D) enrichment curriculum subjects.
516	516	(b) The board shall organize the cycle for subjects in the
517	517	foundation curriculum so that not more than one-fourth [one-sixth]
518	518	of the instructional materials [textbooks] for subjects in the
519	519	foundation curriculum are reviewed each biennium [year]. The board
520	520	shall adopt rules to provide for a full and complete investigation
521	521	of instructional materials [textbooks] for each subject in the
522	522	foundation curriculum [at least] every eight [six] years. The
523	523	adoption of instructional materials [textbooks] for a subject in
524	524	the foundation curriculum may be extended beyond the eight-year
525	525	[six-year] period only if the content of instructional materials
526	526	[textbooks] for a subject is sufficiently current.
527	527	(b-1) For purposes of the cycle described by Subsection (b),
528	528	the State Board of Education is considered to have adopted
529	529	instructional materials for English language arts, English as a
530	530	second language, and prekindergarten, as included in Proclamation
531	531	2011, for the biennium beginning September 1, 2011. This
532	532	subsection expires September 1, 2013.
533	533	(c) The board shall adopt rules to provide for a full and
534	534	complete investigation of instructional materials [textbooks] for
535	535	each subject in the enrichment curriculum on a cycle the board
536	536	considers appropriate.
537	537	(d) At least 12 [24] months before the beginning of the
538	538	school year for which instructional materials [textbooks] for a
539	539	particular subject and grade level will be adopted [purchased]
540	540	under the review and adoption cycle [adopted by the board], the
541	541	board shall publish notice of the review and adoption cycle for
542	542	those instructional materials [textbooks]. A request for
543	543	production must allow submission of open-source instructional
544	544	materials that are available for use by the state without charge on
545	545	the same basis as instructional materials offered for sale.
546	546	(d-1) A notice published under Subsection (d) must state
547	547	that a publisher of adopted instructional materials for a grade
548	548	level other than prekindergarten must submit an electronic sample
549	549	of the instructional materials as required by Sections 31.027(a)
550	550	and (b) and may not submit a print sample copy.
551	551	(e) The board shall designate a request for production of
552	552	instructional materials [textbooks] in a subject area and grade
553	553	level by the school year in which the instructional materials
554	554	[textbooks] are intended to be made available in classrooms and not
555	555	by the school year in which the board makes the request for
556	556	production.
557	557	(f) The board shall amend any request for production issued
558	558	for the purchase of instructional materials [textbooks] to conform
559	559	to the instructional materials [textbook] funding levels provided
560	560	by the General Appropriations Act for the year of implementation.
561	561	SECTION 25. Section 31.0221, Education Code, is amended to
562	562	read as follows:
563	563	Sec. 31.0221. MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL
564	564	MATERIALS [TEXTBOOKS]. (a) The State Board of Education shall
565	565	adopt rules for the midcycle review and adoption of instructional
566	566	material [a textbook] for a subject for which instructional
567	567	materials [textbooks] are not currently under review by the board
568	568	under Section 31.022. The rules must require:
569	569	(1) the publisher of the instructional material
570	570	[textbook] to pay a fee to the board to cover the cost of the
571	571	midcycle review and adoption of the instructional material
572	572	[textbook];
573	573	(2) the publisher of the instructional material
574	574	[textbook] to enter into a contract with the board concerning the
575	575	instructional material [textbook] for a term that ends at the same
576	576	time as any contract entered into by the board for other
577	577	instructional materials [another textbook] for the same subject and
578	578	grade level; and
579	579	(3) a commitment from the publisher to provide the
580	580	instructional material [textbook] to school districts in the manner
581	581	specified by the publisher, which may include:
582	582	(A) providing the instructional material
583	583	[textbook] to any district in a regional education service center
584	584	area identified by the publisher; or
585	585	(B) providing a certain maximum number of
586	586	instructional materials [textbooks] specified by the publisher.
587	587	(b) Sections 31.023 and 31.024 apply to instructional
588	588	material [a textbook] adopted under this section. Section 31.027
589	589	does not apply to instructional material [a textbook] adopted under
590	590	this section.
591	591	SECTION 26. Section 31.023, Education Code, is amended to
592	592	read as follows:
593	593	Sec. 31.023. INSTRUCTIONAL MATERIAL LIST [TEXTBOOK LISTS].
594	594	(a) For each subject and grade level, the State Board of Education
595	595	shall adopt a list [two lists] of instructional materials
596	596	[textbooks]. The [conforming] list includes each instructional
597	597	material [textbook] submitted for the subject and grade level that
598	598	meets applicable physical specifications adopted by the State Board
599	599	of Education and contains material covering at least half of the
600	600	elements [each element] of the essential knowledge and skills of
601	601	the subject and grade level in the student version of the
602	602	instructional material [textbook], as well as in the teacher
603	603	version of the instructional material [textbook], as determined by
604	604	the State Board of Education under Section 28.002 and adopted under
605	605	Section 31.024[. The nonconforming list includes each textbook
606	606	submitted for the subject and grade level that:
607	607	[(1) meets applicable physical specifications adopted
608	608	by the State Board of Education;
609	609	[(2) contains material covering at least half, but not
610	610	all, of the elements of the essential knowledge and skills of the
611	611	subject and grade level in the student version of the textbook, as
612	612	well as in the teacher version of the textbook; and
613	613	[(3) is adopted under Section 31.024].
614	614	(a-1) The State Board of Education shall determine the
615	615	percentage of the elements of the essential knowledge and skills of
616	616	the subject and grade level covered by each instructional material
617	617	submitted. The board's determination under this subsection is
618	618	final.
619	619	(b) Each instructional material [textbook] on the [a
620	620	conforming or nonconforming] list must be free from factual errors.
621	621	SECTION 27. (a) If S.B. No. 290, Acts of the 82nd
622	622	Legislature, Regular Session, 2011, does not become law, Section
623	623	31.0231, Education Code, is amended to read as follows:
624	624	Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
625	625	INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a
626	626	list of:
627	627	(1) electronic instructional material [textbooks];
628	628	and
629	629	(2) science [instructional] material that conveys
630	630	information to the student or otherwise contributes to the learning
631	631	process, including tools, models, and investigative materials
632	632	designed for use as part of the foundation curriculum for science in
633	633	kindergarten through grade five.
634	634	(b) A school district may select [an electronic textbook or
635	635	instructional] material on the list adopted under Subsection (a) to
636	636	be funded by the district's instructional materials allotment
637	637	[state textbook fund] under Section 31.0211 [31.021].
638	638	(c) Before the commissioner places [an electronic textbook
639	639	or instructional] material on the list adopted under Subsection
640	640	(a), the State Board of Education must be given an opportunity to
641	641	comment on the [electronic textbook or instructional] material. If
642	642	the commissioner places material on the list adopted under
643	643	Subsection (a), the State Board of Education may, not later than the
644	644	90th day after the date the material is placed on the list, require
645	645	the commissioner to remove the material from the list. Material [An
646	646	electronic textbook or instructional material] placed on the list
647	647	adopted under Subsection (a):
648	648	(1) must be reviewed and recommended to the
649	649	commissioner by a panel of recognized experts in the subject area of
650	650	the [electronic textbook or instructional] material and experts in
651	651	education technology;
652	652	(2) must satisfy criteria adopted for the purpose by
653	653	commissioner rule; and
654	654	(3) must meet the National Instructional Materials
655	655	Accessibility Standard, to the extent practicable as determined by
656	656	the commissioner.
657	657	(d) The criteria adopted under Subsection (c)(2) must:
658	658	(1) include evidence of alignment with current
659	659	research in the subject for which the [electronic textbook or
660	660	instructional] material is intended to be used;
661	661	(2) include coverage of the essential knowledge and
662	662	skills identified under Section 28.002 for the subject for which
663	663	the [electronic textbook or instructional] material is intended to
664	664	be used and identify:
665	665	(A) each of the essential knowledge and skills
666	666	for the subject and grade level or levels covered by the [electronic
667	667	textbook or instructional] material; and
668	668	(B) the percentage of the essential knowledge and
669	669	skills for the subject and grade level or levels covered by the
670	670	[electronic textbook or instructional] material; and
671	671	(3) include appropriate training for teachers.
672	672	(e) The commissioner shall update, as necessary, the list
673	673	adopted under Subsection (a). Before the commissioner places [an
674	674	electronic textbook or instructional] material on the updated list,
675	675	the requirements of Subsection (c) must be met. [Before the
676	676	commissioner removes an electronic textbook or instructional
677	677	material from the updated list, the removal must be recommended by a
678	678	panel of recognized experts in the subject area of the electronic
679	679	textbook or instructional material and experts in education
680	680	technology.]
681	681	(f) After notice to the commissioner explaining in detail
682	682	the changes, the provider of [an electronic textbook or
683	683	instructional] material on the list adopted under Subsection (a)
684	684	may update the navigational features or management system related
685	685	to the [electronic textbook or instructional] material.
686	686	(g) After notice to the commissioner and a review by the
687	687	commissioner, the provider of [an electronic textbook or
688	688	instructional] material on the list adopted under Subsection (a)
689	689	may update the content of the [electronic textbook or
690	690	instructional] material if needed to accurately reflect current
691	691	knowledge or information.
692	692	(h) The commissioner shall adopt rules as necessary to
693	693	implement this section. The rules must:
694	694	(1) be consistent with Section 31.151 regarding the
695	695	duties of publishers and manufacturers, as appropriate, and the
696	696	imposition of a reasonable administrative penalty; and
697	697	(2) require public notice of an opportunity for the
698	698	submission of [an electronic textbook or instructional] material.
699	699	(b) If S.B. No. 290, Acts of the 82nd Legislature, Regular
700	700	Session, 2011, becomes law, Section 31.0231, Education Code, as
701	701	effective in June 2011, is amended to read as follows:
702	702	Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
703	703	INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a
704	704	list of:
705	705	(1) electronic instructional material [textbooks];
706	706	and
707	707	(2) [instructional] material that conveys information
708	708	to the student or otherwise contributes to the learning process,
709	709	including tools, models, and investigative materials designed for
710	710	use as part of the foundation curriculum for:
711	711	(A) science in kindergarten through grade five;
712	712	and
713	713	(B) personal financial literacy in kindergarten
714	714	through grade eight.
715	715	(b) A school district may select [an electronic textbook or
716	716	instructional] material on the list adopted under Subsection (a) to
717	717	be funded by the district's instructional materials allotment
718	718	[state textbook fund] under Section 31.0211 [31.021].
719	719	(c) Before the commissioner places [an electronic textbook
720	720	or instructional] material on the list adopted under Subsection
721	721	(a), the State Board of Education must be given an opportunity to
722	722	comment on the [electronic textbook or instructional] material. If
723	723	the commissioner places material on the list adopted under
724	724	Subsection (a), the State Board of Education may, not later than the
725	725	90th day after the date the material is placed on the list, require
726	726	the commissioner to remove the material from the list. Material [An
727	727	electronic textbook or instructional material] placed on the list
728	728	adopted under Subsection (a):
729	729	(1) must be reviewed and recommended to the
730	730	commissioner by a panel of recognized experts in the subject area of
731	731	the [electronic textbook or instructional] material and experts in
732	732	education technology;
733	733	(2) must satisfy criteria adopted for the purpose by
734	734	commissioner rule; and
735	735	(3) must meet the National Instructional Materials
736	736	Accessibility Standard, to the extent practicable as determined by
737	737	the commissioner.
738	738	(d) The criteria adopted under Subsection (c)(2) must:
739	739	(1) include evidence of alignment with current
740	740	research in the subject for which the [electronic textbook or
741	741	instructional] material is intended to be used;
742	742	(2) include coverage of the essential knowledge and
743	743	skills identified under Section 28.002 for the subject for which
744	744	the [electronic textbook or instructional] material is intended to
745	745	be used and identify:
746	746	(A) each of the essential knowledge and skills
747	747	for the subject and grade level or levels covered by the [electronic
748	748	textbook or instructional] material; and
749	749	(B) the percentage of the essential knowledge and
750	750	skills for the subject and grade level or levels covered by the
751	751	[electronic textbook or instructional] material; and
752	752	(3) include appropriate training for teachers.
753	753	(e) The commissioner shall update, as necessary, the list
754	754	adopted under Subsection (a). Before the commissioner places [an
755	755	electronic textbook or instructional] material on the updated list,
756	756	the requirements of Subsection (c) must be met. [Before the
757	757	commissioner removes an electronic textbook or instructional
758	758	material from the updated list, the removal must be recommended by a
759	759	panel of recognized experts in the subject area of the electronic
760	760	textbook or instructional material and experts in education
761	761	technology.]
762	762	(f) After notice to the commissioner explaining in detail
763	763	the changes, the provider of [an electronic textbook or
764	764	instructional] material on the list adopted under Subsection (a)
765	765	may update the navigational features or management system related
766	766	to the [electronic textbook or instructional] material.
767	767	(g) After notice to the commissioner and a review by the
768	768	commissioner, the provider of [an electronic textbook or
769	769	instructional] material on the list adopted under Subsection (a)
770	770	may update the content of the [electronic textbook or
771	771	instructional] material if needed to accurately reflect current
772	772	knowledge or information.
773	773	(h) The commissioner shall adopt rules as necessary to
774	774	implement this section. The rules must:
775	775	(1) be consistent with Section 31.151 regarding the
776	776	duties of publishers and manufacturers, as appropriate, and the
777	777	imposition of a reasonable administrative penalty; and
778	778	(2) require public notice of an opportunity for the
779	779	submission of [an electronic textbook or instructional] material.
780	780	SECTION 28. Section 31.024, Education Code, is amended to
781	781	read as follows:
782	782	Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By
783	783	majority vote, the State Board of Education shall:
784	784	(1) place each submitted instructional material on the
785	785	[textbook on a conforming or nonconforming] list adopted under
786	786	Section 31.023; or
787	787	(2) reject instructional material [a textbook]
788	788	submitted for placement on that [a conforming or nonconforming]
789	789	list.
790	790	(b) Not later than December 1 of the year preceding the
791	791	school year for which the instructional materials [textbooks] for a
792	792	particular subject and grade level will be purchased under the
793	793	cycle adopted by the board under Section 31.022, the board shall
794	794	provide the list [lists] of adopted instructional materials
795	795	[textbooks] to each school district. [Each nonconforming list must
796	796	include the reasons an adopted textbook is not eligible for the
797	797	conforming list.]
798	798	SECTION 29. The heading to Section 31.0241, Education Code,
799	799	is amended to read as follows:
800	800	Sec. 31.0241. ADOPTION OF OPEN-SOURCE INSTRUCTIONAL
801	801	MATERIALS [TEXTBOOKS].
802	802	SECTION 30. Sections 31.0241(b) and (c), Education Code,
803	803	are amended to read as follows:
804	804	(b) The State Board of Education shall place [an]
805	805	open-source instructional material [textbook] for a
806	806	secondary-level course submitted for adoption by an eligible
807	807	institution on the [a conforming or nonconforming] list adopted
808	808	under Section 31.023 if:
809	809	(1) the instructional material [textbook] is written,
810	810	compiled, or edited primarily by faculty of the eligible
811	811	institution who specialize in the subject area of the instructional
812	812	material [textbook];
813	813	(2) the eligible institution identifies each
814	814	contributing author;
815	815	(3) the appropriate department of the eligible
816	816	institution certifies the instructional material [textbook] for
817	817	accuracy; [and]
818	818	(4) the eligible institution determines that the
819	819	instructional material [textbook] qualifies for placement on the
820	820	[conforming or nonconforming] list based on the extent to which the
821	821	instructional material [textbook] covers the essential knowledge
822	822	and skills identified under Section 28.002 for the subject for
823	823	which the instructional material [textbook] is written and
824	824	certifies that:
825	825	(A) for instructional material [a textbook] for a
826	826	senior-level course, a student who successfully completes a course
827	827	based on the instructional material [textbook] will be prepared,
828	828	without remediation, for entry into the eligible institution's
829	829	freshman-level course in that subject; or
830	830	(B) for instructional material [a textbook] for a
831	831	junior-level and senior-level course, a student who successfully
832	832	completes the junior-level course based on the instructional
833	833	material [textbook] will be prepared for entry into the
834	834	senior-level course; and
835	835	(5) by not later than the 90th day after the date the
836	836	instructional material is submitted and before placement of the
837	837	instructional material on the list, the board reviews and comments
838	838	on the instructional material.
839	839	(c) This section does not prohibit an eligible institution
840	840	from submitting instructional material [a textbook] for placement
841	841	on the [a conforming or nonconforming] list adopted under Section
842	842	31.023 through any other adoption process provided by this chapter.
843	843	SECTION 31. Section 31.026, Education Code, is amended to
844	844	read as follows:
845	845	Sec. 31.026. CONTRACT; PRICE. (a) The State Board of
846	846	Education shall execute a contract[:
847	847	[(1)] for the purchase [of each adopted textbook other
848	848	than an electronic textbook; and
849	849	[(2) for the purchase] or licensing of each adopted
850	850	instructional material [electronic textbook].
851	851	(b) A contract must require the publisher to provide the
852	852	number of instructional materials [textbooks] required by school
853	853	districts in this state for the term of the contract, which must
854	854	coincide with the board's adoption cycle.
855	855	(c) As applicable, a contract must provide for the purchase
856	856	or licensing of instructional material [a textbook] at a specific
857	857	price, which may not exceed the lowest price paid by any other state
858	858	or any school or school district. The price must be fixed for the
859	859	term of the contract.
860	860	(d) [(e)] This section does not apply to [an] open-source
861	861	instructional material [textbook].
862	862	SECTION 32. Section 31.0261, Education Code, is amended to
863	863	read as follows:
864	864	Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
865	865	INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The State Board of Education
866	866	may execute a contract for the printing of [an] open-source
867	867	instructional materials placed [textbook listed] on the
868	868	[conforming or nonconforming] list adopted under Section 31.023.
869	869	The contract must allow a school district to requisition printed
870	870	copies of [an] open-source instructional materials [textbook] as
871	871	provided by Section 31.103.
872	872	SECTION 33. (a) If S.B. No. 391, Acts of the 82nd
873	873	Legislature, Regular Session, 2011, does not become law, Section
874	874	31.027, Education Code, is amended to read as follows:
875	875	Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
876	876	SAMPLE [COPIES]. (a) A publisher shall provide each school
877	877	district and open-enrollment charter school with information that
878	878	fully describes each of the publisher's submitted instructional
879	879	materials [adopted textbooks]. On request of a school district, a
880	880	publisher shall provide an electronic [a] sample [copy] of
881	881	submitted instructional material [an adopted textbook].
882	882	(b) A publisher shall provide an electronic [at least two]
883	883	sample [copies] of each submitted instructional material [adopted
884	884	textbook] to be maintained at each regional education service
885	885	center.
886	886	(c) [(d)] This section does not apply to [an] open-source
887	887	instructional material [textbook].
888	888	(b) If S.B. No. 391, Acts of the 82nd Legislature, Regular
889	889	Session, 2011, becomes law, Section 31.027, Education Code, as
890	890	effective September 1, 2011, is amended to read as follows:
891	891	Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
892	892	SAMPLE. (a) A publisher shall provide each school district and
893	893	open-enrollment charter school with information that fully
894	894	describes each of the publisher's submitted instructional
895	895	materials [adopted textbooks]. On request of a school district, a
896	896	publisher shall provide an electronic sample of submitted
897	897	instructional material [an adopted textbook].
898	898	(b) A publisher shall provide an electronic sample of each
899	899	submitted instructional material [adopted textbook] to be
900	900	maintained at each regional education service center.
901	901	(c) [(d)] This section does not apply to [an] open-source
902	902	instructional material [textbook].
903	903	SECTION 34. Section 31.028, Education Code, is amended to
904	904	read as follows:
905	905	Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
906	906	(a) The commissioner [State Board of Education] may purchase
907	907	special instructional materials [textbooks] for the education of
908	908	blind and visually impaired students in public schools. In
909	909	addition, for a teacher who is blind or visually impaired, the
910	910	commissioner [board] shall provide a teacher's edition in Braille
911	911	or large type, as requested by the teacher, for each instructional
912	912	material [textbook] the teacher uses in the instruction of
913	913	students. The teacher edition must be available at the same time
914	914	the student instructional materials [textbooks] become available.
915	915	(b) The publisher of [an] adopted instructional material
916	916	[textbook] shall provide the agency with computerized
917	917	instructional material [textbook] files for the production of
918	918	Braille instructional materials [textbooks] or other versions of
919	919	instructional materials [textbooks] to be used by students with
920	920	disabilities, on request of the commissioner [State Board of
921	921	Education]. A publisher shall arrange computerized instructional
922	922	material [textbook] files in one of several optional formats
923	923	specified by the commissioner [State Board of Education].
924	924	(c) The commissioner [board] may also enter into agreements
925	925	providing for the acceptance, requisition, and distribution of
926	926	special instructional materials [textbooks] and instructional aids
927	927	pursuant to 20 U.S.C. Section 101 et seq. for use by students
928	928	enrolled in:
929	929	(1) public schools; or
930	930	(2) private nonprofit schools, if state funds, other
931	931	than for administrative costs, are not involved.
932	932	(d) In this section:
933	933	(1) "Blind or visually impaired student" includes any
934	934	student whose visual acuity is impaired to the extent that the
935	935	student is unable to read the text [print] in [a] regularly adopted
936	936	instructional material [textbook] used in the student's class.
937	937	(2) "Special instructional material [textbook]" means
938	938	instructional material [a textbook] in Braille, large type or any
939	939	other medium or any apparatus that conveys information to a student
940	940	or otherwise contributes to the learning process.
941	941	SECTION 35. Section 31.029, Education Code, is amended to
942	942	read as follows:
943	943	Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS
944	944	[TEXTBOOKS]. (a) A school district [The board] shall purchase with
945	945	the district's instructional materials allotment or otherwise
946	946	acquire instructional materials [textbooks] for use in bilingual
947	947	education classes.
948	948	(b) The commissioner shall adopt rules regarding the
949	949	purchase of instructional materials under this section.
950	950	SECTION 36. Section 31.030, Education Code, is amended to
951	951	read as follows:
952	952	Sec. 31.030. USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
953	953	State Board of Education shall adopt rules to ensure that used
954	954	instructional materials [textbooks] sold to school districts and
955	955	open-enrollment charter schools are not sample copies that contain
956	956	factual errors. The rules may provide for the imposition of an
957	957	administrative penalty in accordance with Section 31.151 against a
958	958	seller of used instructional materials [textbooks] who knowingly
959	959	violates this section.
960	960	SECTION 37. The heading to Section 31.035, Education Code,
961	961	is amended to read as follows:
962	962	Sec. 31.035. SUPPLEMENTAL INSTRUCTIONAL MATERIALS
963	963	[TEXTBOOKS].
964	964	SECTION 38. Sections 31.035(a), (b), (c), (d), and (f),
965	965	Education Code, are amended to read as follows:
966	966	(a) Notwithstanding any other provision of this subchapter,
967	967	the State Board of Education may adopt supplemental instructional
968	968	materials [textbooks] that are not on the [conforming or
969	969	nonconforming] list adopted under Section 31.023. The State Board
970	970	of Education may adopt [a] supplemental instructional material
971	971	[textbook] under this section only if the instructional material
972	972	[textbook]:
973	973	(1) contains material covering one or more primary
974	974	focal points or primary topics of a subject in the required
975	975	curriculum under Section 28.002, as determined by the State Board
976	976	of Education;
977	977	(2) is not designed to serve as the sole instructional
978	978	material [textbook] for a full course;
979	979	(3) meets applicable physical specifications adopted
980	980	by the State Board of Education; and
981	981	(4) is free from factual errors.
982	982	(b) The State Board of Education shall identify the
983	983	essential knowledge and skills identified under Section 28.002 that
984	984	are covered by [a] supplemental instructional material [textbook]
985	985	adopted by the board under this section.
986	986	(c) Supplemental instructional material [A supplemental
987	987	textbook] is subject to the review and adoption cycle provisions,
988	988	including the midcycle review and adoption cycle provisions, of
989	989	this subchapter.
990	990	(d) A school district or open-enrollment charter school may
991	991	requisition [a] supplemental instructional material [textbook]
992	992	adopted under this section only if the district or school[:
993	993	[(1) uses textbook credits received under Section
994	994	31.1011 to purchase the supplemental textbook; or
995	995	[(2) instead of requisitioning a textbook on the
996	996	conforming list under Section 31.023 for a course in the foundation
997	997	curriculum under Section 28.002,] requisitions the supplemental
998	998	instructional material [textbook] along with other supplemental
999	999	instructional materials [textbooks] or instructional materials
1000	1000	[textbooks] on the [nonconforming] list adopted under Section
1001	1001	31.023 that in combination cover each element of the essential
1002	1002	knowledge and skills for the course for which the district or school
1003	1003	is requisitioning the supplemental instructional materials
1004	1004	[textbooks].
1005	1005	(f) A school district or open-enrollment charter school
1006	1006	that requisitions supplemental instructional materials [textbooks
1007	1007	under Subsection (d)(2)] shall certify to the agency that the
1008	1008	supplemental instructional materials [textbooks], in combination
1009	1009	with any other instructional materials [textbooks] or supplemental
1010	1010	instructional materials [textbooks] used by the district or school,
1011	1011	cover the essential knowledge and skills identified under Section
1012	1012	28.002 by the State Board of Education for the subject and grade
1013	1013	level for which the district or school is requisitioning the
1014	1014	supplemental instructional materials [textbooks].
1015	1015	SECTION 39. The heading to Subchapter B-1, Chapter 31,
1016	1016	Education Code, is amended to read as follows:
1017	1017	SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL
1018	1018	MATERIALS [TEXTBOOKS]
1019	1019	SECTION 40. Section 31.071, Education Code, is amended to
1020	1020	read as follows:
1021	1021	Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may
1022	1022	purchase state-developed open-source instructional materials
1023	1023	[textbooks] in accordance with this subchapter.
1024	1024	(b) The commissioner:
1025	1025	(1) shall purchase any state-developed open-source
1026	1026	instructional materials [textbooks] through a competitive process;
1027	1027	and
1028	1028	(2) may purchase more than one state-developed
1029	1029	open-source instructional material [textbook] for a subject or
1030	1030	grade level.
1031	1031	(c) State-developed [A state-developed] open-source
1032	1032	instructional material [textbook] must be irrevocably owned by or
1033	1033	licensed to the state for use in the applicable subject or grade
1034	1034	level. The state must have unlimited authority to modify, delete,
1035	1035	combine, or add content to the instructional material [textbook]
1036	1036	after purchase.
1037	1037	(d) The commissioner may issue a request for proposals for
1038	1038	[a] state-developed open-source instructional material [textbook]:
1039	1039	(1) in accordance with the instructional material
1040	1040	[textbook] review and adoption cycle under Section 31.022; or
1041	1041	(2) at any other time the commissioner determines that
1042	1042	a need exists for additional instructional material [textbook]
1043	1043	options.
1044	1044	(e) The costs of administering this subchapter and
1045	1045	purchasing state-developed open-source instructional materials
1046	1046	[textbooks] shall be paid from the state instructional materials
1047	1047	[textbook] fund, as determined by the commissioner.
1048	1048	SECTION 41. Sections 31.072(a) and (b), Education Code, are
1049	1049	amended to read as follows:
1050	1050	(a) State-developed [A state-developed] open-source
1051	1051	instructional material [textbook] must:
1052	1052	(1) be evaluated by teachers or other experts, as
1053	1053	determined by the commissioner, before purchase; and
1054	1054	(2) meet the requirements for inclusion on the
1055	1055	instructional material [a conforming or nonconforming textbook]
1056	1056	list adopted under Section 31.023.
1057	1057	(b) Following a curriculum revision by the State Board of
1058	1058	Education, the commissioner shall require the revision of [a]
1059	1059	state-developed open-source instructional material [textbook]
1060	1060	relating to that curriculum. The commissioner may, at any time,
1061	1061	require an additional revision of [a] state-developed open-source
1062	1062	instructional material [textbook] or contract for ongoing
1063	1063	revisions of state-developed open-source instructional material [a
1064	1064	textbook] for a period not to exceed the period under Section 31.022
1065	1065	for which instructional material [a textbook] for that subject and
1066	1066	grade level may be adopted. The commissioner shall use a
1067	1067	competitive process to request proposals to revise [a]
1068	1068	state-developed open-source instructional material [textbook]
1069	1069	under this subsection.
1070	1070	SECTION 42. The heading to Section 31.073, Education Code,
1071	1071	is amended to read as follows:
1072	1072	Sec. 31.073. SELECTION BY SCHOOL DISTRICT [COST].
1073	1073	SECTION 43. Sections 31.073(c) and (d), Education Code, are
1074	1074	amended to read as follows:
1075	1075	(c) Notwithstanding Section 31.022, a school district or
1076	1076	open-enrollment charter school may adopt [a] state-developed
1077	1077	open-source instructional material [textbook] at any time,
1078	1078	regardless of the instructional material [textbook] review and
1079	1079	adoption cycle under that section.
1080	1080	(d) A school district or open-enrollment charter school may
1081	1081	not be charged for selection of [a] state-developed open-source
1082	1082	instructional material [textbook] in addition to instructional
1083	1083	material [a textbook] adopted under Subchapter B.
1084	1084	SECTION 44. Section 31.074, Education Code, is amended to
1085	1085	read as follows:
1086	1086	Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
1087	1087	provide for the distribution of state-developed open-source
1088	1088	instructional materials [textbooks] in a manner consistent with
1089	1089	distribution of instructional materials [textbooks] adopted under
1090	1090	Subchapter B.
1091	1091	(b) The commissioner may use a competitive process to
1092	1092	contract for printing or other reproduction of [a] state-developed
1093	1093	open-source instructional material [textbook] on behalf of a school
1094	1094	district or open-enrollment charter school. The commissioner may
1095	1095	not require a school district or open-enrollment charter school to
1096	1096	contract with a state-approved provider for the printing or
1097	1097	reproduction of [a] state-developed open-source instructional
1098	1098	material [textbook].
1099	1099	SECTION 45. Section 31.075, Education Code, is amended to
1100	1100	read as follows:
1101	1101	Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed [A
1102	1102	state-developed] open-source instructional material [textbook] is
1103	1103	the property of the state.
1104	1104	(b) The commissioner shall provide a license to each public
1105	1105	school in the state, including a school district, an
1106	1106	open-enrollment charter school, and a state or local agency
1107	1107	educating students in any grade from prekindergarten through high
1108	1108	school, to use and reproduce [a] state-developed open-source
1109	1109	instructional material [textbook].
1110	1110	(c) The commissioner may provide a license to use [a]
1111	1111	state-developed open-source instructional material [textbook] to
1112	1112	an entity not listed in Subsection (b). In determining the cost of
1113	1113	a license under this subsection, the commissioner shall seek, to
1114	1114	the extent feasible, to recover the costs of developing, revising,
1115	1115	and distributing state-developed open-source instructional
1116	1116	materials [textbooks].
1117	1117	SECTION 46. Section 31.076(b), Education Code, is amended
1118	1118	to read as follows:
1119	1119	(b) A decision by the commissioner regarding the purchase,
1120	1120	revision, cost, or distribution of [a] state-developed open-source
1121	1121	instructional material [textbook] is final and may not be appealed.
1122	1122	SECTION 47. Section 31.077, Education Code, is amended to
1123	1123	read as follows:
1124	1124	Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall
1125	1125	develop a schedule for the adoption of state-developed open-source
1126	1126	instructional materials [textbooks] under this subchapter. In
1127	1127	developing the adoption schedule under this section, the
1128	1128	commissioner shall consider:
1129	1129	(1) the availability of funds;
1130	1130	(2) the existing instructional material [textbook]
1131	1131	adoption cycles under Subchapter B; and
1132	1132	(3) the availability of instructional materials
1133	1133	[textbooks] for development or purchase by the state.
1134	1134	SECTION 48. The heading to Section 31.101, Education Code,
1135	1135	is amended to read as follows:
1136	1136	Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL
1137	1137	MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS.
1138	1138	SECTION 49. Section 31.101, Education Code, is amended by
1139	1139	amending Subsections (a), (d), and (e) and adding Subsection (f) to
1140	1140	read as follows:
1141	1141	(a) Each year, during a period established by the State
1142	1142	Board of Education, the board of trustees of each school district
1143	1143	and the governing body of each open-enrollment charter school
1144	1144	shall:
1145	1145	(1) for a subject in the foundation curriculum, notify
1146	1146	the State Board of Education of the instructional materials
1147	1147	[textbooks] selected by the board of trustees or governing body for
1148	1148	the following school year from [among] the instructional materials
1149	1149	[textbooks on the appropriate conforming or nonconforming] list,
1150	1150	including the list adopted under Section 31.0231; or
1151	1151	(2) for a subject in the enrichment curriculum:
1152	1152	(A) notify the State Board of Education of each
1153	1153	instructional material [textbook] selected by the board of trustees
1154	1154	or governing body for the following school year from [among] the
1155	1155	instructional materials [textbooks on the appropriate conforming
1156	1156	or nonconforming] list, including the list adopted under Section
1157	1157	31.0231; or
1158	1158	(B) notify the State Board of Education that the
1159	1159	board of trustees or governing body has selected instructional
1160	1160	material [a textbook] that is not on the [conforming or
1161	1161	nonconforming] list.
1162	1162	(d) For instructional material [a textbook] that is not on
1163	1163	the [conforming or nonconforming] list, a school district or
1164	1164	open-enrollment charter school must use the instructional material
1165	1165	[textbook] for the period of the review and adoption cycle the State
1166	1166	Board of Education has established for the subject and grade level
1167	1167	for which the instructional material [textbook] is used.
1168	1168	(e) A school district or open-enrollment charter school
1169	1169	that selects [a] subscription-based [electronic textbook or]
1170	1170	instructional material on the [conforming] list adopted under
1171	1171	Section 31.023 or electronic instructional material on the list
1172	1172	adopted by the commissioner under Section 31.0231 may cancel the
1173	1173	subscription and subscribe to [a] new [electronic textbook or]
1174	1174	instructional material on the [conforming] list adopted under
1175	1175	Section 31.023 or electronic instructional material on the list
1176	1176	adopted by the commissioner under Section 31.0231 before the end of
1177	1177	the state contract period under Section 31.026 if:
1178	1178	(1) the district or school has used the [electronic
1179	1179	textbook or] instructional material for at least one school year;
1180	1180	and
1181	1181	(2) the agency approves the change based on a written
1182	1182	request to the agency by the district or school that specifies the
1183	1183	reasons for changing the [electronic textbook or] instructional
1184	1184	material used by the district or school.
1185	1185	(f) The commissioner shall maintain an online requisition
1186	1186	system for school districts to requisition instructional materials
1187	1187	to be purchased with the district's instructional materials
1188	1188	allotment.
1189	1189	SECTION 50. Section 31.102, Education Code, is amended to
1190	1190	read as follows:
1191	1191	Sec. 31.102. TITLE AND CUSTODY. (a) Each instructional
1192	1192	material [textbook] purchased as provided by this chapter for a
1193	1193	school district or an open-enrollment charter school is the
1194	1194	property of the district or school [this state].
1195	1195	(b) Subsection (a) applies to [an] electronic instructional
1196	1196	material [textbook] only to the extent of any applicable licensing
1197	1197	agreement.
1198	1198	(c) The board of trustees of a school district or the
1199	1199	governing body of an open-enrollment charter school [is the legal
1200	1200	custodian of textbooks purchased as provided by this chapter for
1201	1201	the district or school. The board of trustees] shall distribute
1202	1202	printed instructional material [textbooks] to students in the
1203	1203	manner that the board or governing body determines is most
1204	1204	effective and economical.
1205	1205	SECTION 51. The heading to Section 31.103, Education Code,
1206	1206	is amended to read as follows:
1207	1207	Sec. 31.103. INSTRUCTIONAL MATERIAL [TEXTBOOK]
1208	1208	REQUISITIONS.
1209	1209	SECTION 52. Sections 31.103(b), (c), and (d), Education
1210	1210	Code, are amended to read as follows:
1211	1211	(b) [A requisition for textbooks for the following school
1212	1212	year shall be based on the maximum attendance reports under
1213	1213	Subsection (a), plus an additional 10 percent, except as otherwise
1214	1214	provided.] A school district or open-enrollment charter school
1215	1215	shall make a requisition for instructional material using the
1216	1216	online requisition program maintained by [a textbook on the
1217	1217	conforming or nonconforming list through] the commissioner [to the
1218	1218	state depository designated by the publisher or as provided by
1219	1219	State Board of Education rule, as applicable,] not later than June 1
1220	1220	of each year. The [designated state depository or, if the publisher
1221	1221	or manufacturer does not have a designated textbook depository in
1222	1222	this state under Section 31.151(a)(6)(B), the] publisher or
1223	1223	manufacturer shall fill a requisition approved by the agency [at
1224	1224	any other time in the case of an emergency]. [As made necessary by
1225	1225	available funds, the commissioner shall reduce the additional
1226	1226	percentage of attendance for which a district or school may
1227	1227	requisition textbooks. The commissioner may, on application of a
1228	1228	district or school that is experiencing high enrollment growth,
1229	1229	increase the additional percentage of attendance for which the
1230	1230	district or school may requisition textbooks.]
1231	1231	(c) In making a requisition under this section, a school
1232	1232	district or open-enrollment charter school may requisition
1233	1233	instructional materials [textbooks] on the [conforming or
1234	1234	nonconforming] list adopted under Section 31.023 for grades above
1235	1235	the grade level in which a student is enrolled[, except that the
1236	1236	total quantity of textbooks requisitioned under this section may
1237	1237	not exceed the limit prescribed by Subsection (b)].
1238	1238	(d) A school district or open-enrollment charter school
1239	1239	that selects [an] open-source instructional material [textbook]
1240	1240	shall requisition a sufficient number of printed copies for use by
1241	1241	students unable to access the instructional material [textbook]
1242	1242	electronically unless the district or school provides to each
1243	1243	student:
1244	1244	(1) electronic access to the instructional material
1245	1245	[textbook] at no cost to the student; or
1246	1246	(2) printed copies of the portion of the instructional
1247	1247	material [textbook] that will be used in the course.
1248	1248	SECTION 53. Section 31.104, Education Code, is amended to
1249	1249	read as follows:
1250	1250	Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of
1251	1251	trustees of a school district or the governing body of an
1252	1252	open-enrollment charter school may delegate to an employee the
1253	1253	authority to requisition, distribute, and manage the inventory of
1254	1254	instructional materials [textbooks] in a manner consistent with
1255	1255	this chapter and rules adopted under this chapter.
1256	1256	(b) A school district or open-enrollment charter school may
1257	1257	order replacements for instructional materials [textbooks] that
1258	1258	have been lost or damaged directly from[:
1259	1259	[(1) the textbook depository;
1260	1260	[(2)] the [textbook] publisher of the instructional
1261	1261	materials or [manufacturer if the textbook publisher or
1262	1262	manufacturer does not have a designated textbook depository in this
1263	1263	state under Section 31.151(a)(6)(B); or
1264	1264	[(3)] any source for a printed copy of [an]
1265	1265	open-source instructional material [textbook].
1266	1266	(c) [Each textbook must state that the textbook is the
1267	1267	property of or is licensed to this state, as appropriate. Each
1268	1268	textbook, other than an electronic textbook or a printed copy of an
1269	1269	open-source textbook, must be covered by the student under the
1270	1270	direction of the teacher.] Except as provided by Subsection (g), a
1271	1271	student must return all instructional materials [textbooks] to the
1272	1272	teacher at the end of the school year or when the student withdraws
1273	1273	from school.
1274	1274	(d) Each student, or the student's parent or guardian, is
1275	1275	responsible for all instructional materials [each textbook,
1276	1276	including an electronic textbook,] and [all] technological
1277	1277	equipment not returned in an acceptable condition by the student. A
1278	1278	student who fails to return in an acceptable condition all
1279	1279	instructional materials [textbooks, including electronic
1280	1280	textbooks,] and technological equipment forfeits the right to free
1281	1281	instructional materials [textbooks, including electronic
1282	1282	textbooks,] and technological equipment until all instructional
1283	1283	materials [each textbook, including an electronic textbook,] and
1284	1284	[all] technological equipment previously issued but not returned in
1285	1285	an acceptable condition are [is] paid for by the student, parent, or
1286	1286	guardian. As provided by policy of the board of trustees or
1287	1287	governing body, a school district or open-enrollment charter school
1288	1288	may waive or reduce the payment requirement if the student is from a
1289	1289	low-income family. The district or school shall allow the student
1290	1290	to use instructional materials [textbooks, including electronic
1291	1291	textbooks,] and technological equipment at school during each
1292	1292	school day. If instructional materials [a textbook, including an
1293	1293	electronic textbook,] or technological equipment is not returned in
1294	1294	an acceptable condition or paid for, the district or school may
1295	1295	withhold the student's records. A district or school may not,
1296	1296	under this subsection, prevent a student from graduating,
1297	1297	participating in a graduation ceremony, or receiving a diploma.
1298	1298	The commissioner by rule shall adopt criteria for determining
1299	1299	whether instructional materials [a textbook, including an
1300	1300	electronic textbook,] and technological equipment are returned in
1301	1301	an acceptable condition.
1302	1302	(e) The board of trustees of a school district may not
1303	1303	require an employee of the district who acts in good faith to pay
1304	1304	for instructional materials [a textbook, electronic textbook,] or
1305	1305	technological equipment that is damaged, stolen, misplaced, or not
1306	1306	returned. A school district employee may not waive this provision
1307	1307	by contract or any other means, except that a district may enter
1308	1308	into a written agreement with a school employee whereby the
1309	1309	employee assumes financial responsibility for electronic
1310	1310	instructional material [textbook] or technological equipment usage
1311	1311	off school property or outside of a school-sponsored event in
1312	1312	consideration for the ability of the school employee to use the
1313	1313	electronic instructional material [textbook] or technological
1314	1314	equipment for personal business. Such a written agreement shall be
1315	1315	separate from the employee's contract of employment, if applicable,
1316	1316	and shall clearly inform the employee of the amount of the financial
1317	1317	responsibility and advise the employee to consider obtaining
1318	1318	appropriate insurance. An employee may not be required to agree to
1319	1319	such an agreement as a condition of employment.
1320	1320	(g) At the end of the school year for which [an] open-source
1321	1321	instructional material [textbook] that a school district or
1322	1322	open-enrollment charter school does not intend to use for another
1323	1323	student is distributed, the printed copy of the open-source
1324	1324	instructional material [textbook] becomes the property of the
1325	1325	student to whom it is distributed.
1326	1326	(h) This section does not apply to an electronic copy of
1327	1327	[an] open-source instructional material [textbook].
1328	1328	SECTION 54. Section 31.105, Education Code, is amended to
1329	1329	read as follows:
1330	1330	Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS
1331	1331	AND TECHNOLOGICAL EQUIPMENT [TEXTBOOKS]. (a) The board of
1332	1332	trustees of a school district or governing body of an
1333	1333	open-enrollment charter school may sell printed instructional
1334	1334	materials on the date the instructional material is discontinued
1335	1335	for use in the public schools by the State Board of Education or the
1336	1336	commissioner. The board of trustees or governing body may also sell
1337	1337	electronic instructional materials and technological equipment
1338	1338	owned by the district or school. Any funds received by a district
1339	1339	or school from a sale authorized by this subsection must be used to
1340	1340	purchase instructional materials and technological equipment
1341	1341	allowed under Section 31.0211 [textbooks, other than electronic
1342	1342	textbooks, to a student or another school at the state contract
1343	1343	price. The district shall send money from the sale of textbooks to
1344	1344	the commissioner as required by the commissioner. The commissioner
1345	1345	shall deposit the money in the state textbook fund].
1346	1346	(b) The board of trustees of a school district or governing
1347	1347	body of an open-enrollment charter school shall determine how the
1348	1348	district or school will dispose of discontinued printed
1349	1349	instructional materials, electronic instructional materials, and
1350	1350	technological equipment.
1351	1351	(c) The board of trustees of a school district or governing
1352	1352	body of an open-enrollment charter school may dispose of printed
1353	1353	instructional material before the date the instructional material
1354	1354	is discontinued for use in the public schools by the State Board of
1355	1355	Education if the board of trustees or governing body determines
1356	1356	that the instructional material is not needed by the district or
1357	1357	school and the board of trustees or governing body does not
1358	1358	reasonably expect that the instructional material will be needed.
1359	1359	A district or school must notify the commissioner of any
1360	1360	instructional material the district or school disposes of under
1361	1361	this subsection.
1362	1362	SECTION 55. Section 31.106, Education Code, is amended to
1363	1363	read as follows:
1364	1364	Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
1365	1365	instructional material [textbook] selected under this chapter, a
1366	1366	school district or open-enrollment charter school may use local
1367	1367	funds to purchase any instructional materials [textbooks].
1368	1368	SECTION 56. Section 31.151, Education Code, is amended by
1369	1369	amending Subsections (a) and (d) and adding Subsection (e) to read
1370	1370	as follows:
1371	1371	(a) A publisher or manufacturer of instructional materials
1372	1372	[textbooks]:
1373	1373	(1) shall furnish any instructional material
1374	1374	[textbook] the publisher or manufacturer offers in this state[,] at
1375	1375	a price that does not exceed the lowest price at which the publisher
1376	1376	offers that instructional material [textbook] for adoption or sale
1377	1377	to any state, public school, or school district in the United
1378	1378	States;
1379	1379	(2) shall automatically reduce the price of
1380	1380	instructional material [a textbook] sold for use in a school
1381	1381	district or open-enrollment charter school to the extent that the
1382	1382	price is reduced elsewhere in the United States;
1383	1383	(3) shall provide any instructional material
1384	1384	[textbook] or ancillary item free of charge in this state to the
1385	1385	same extent that the publisher or manufacturer provides the
1386	1386	instructional material [textbook] or ancillary item free of charge
1387	1387	to any state, public school, or school district in the United
1388	1388	States;
1389	1389	(4) shall guarantee that each copy of instructional
1390	1390	material [a textbook] sold in this state is at least equal in
1391	1391	quality to copies of that instructional material [textbook] sold
1392	1392	elsewhere in the United States and is free from factual error;
1393	1393	(5) may not become associated or connected with,
1394	1394	directly or indirectly, any combination in restraint of trade in
1395	1395	instructional materials [textbooks] or enter into any
1396	1396	understanding or combination to control prices or restrict
1397	1397	competition in the sale of instructional materials [textbooks] for
1398	1398	use in this state;
1399	1399	(6) shall[:
1400	1400	[(A) maintain a depository in this state or
1401	1401	arrange with a depository in this state to receive and fill orders
1402	1402	for textbooks, other than open-source textbooks, on-line
1403	1403	textbooks, or on-line textbook components, consistent with State
1404	1404	Board of Education rules; or
1405	1405	[(B)] deliver instructional materials
1406	1406	[textbooks] to a school district or open-enrollment charter school
1407	1407	[without a delivery charge to the school district, open-enrollment
1408	1408	charter school, or state, if:
1409	1409	[(i) the publisher or manufacturer does not
1410	1410	maintain or arrange with a depository in this state under Paragraph
1411	1411	(A) and the publisher's or manufacturer's textbooks and related
1412	1412	products are warehoused or otherwise stored less than 300 miles
1413	1413	from a border of this state; or
1414	1414	[(ii) the textbooks are open-source
1415	1415	textbooks, on-line textbooks, or on-line textbook components];
1416	1416	(7) shall, at the time an order for instructional
1417	1417	materials [textbooks] is acknowledged, provide to school districts
1418	1418	or open-enrollment charter schools an accurate shipping date for
1419	1419	instructional materials [textbooks] that are back-ordered;
1420	1420	(8) shall guarantee delivery of instructional
1421	1421	materials [textbooks] at least 10 business days before the opening
1422	1422	day of school of the year for which the instructional materials
1423	1423	[textbooks] are ordered if the instructional materials [textbooks]
1424	1424	are ordered by a date specified in the sales contract; and
1425	1425	(9) shall submit to the State Board of Education an
1426	1426	affidavit certifying any instructional material [textbook] the
1427	1427	publisher or manufacturer offers in this state to be free of factual
1428	1428	errors at the time the publisher executes the contract required by
1429	1429	Section 31.026.
1430	1430	(d) A penalty collected under this section shall be
1431	1431	deposited to the credit of the state instructional materials
1432	1432	[textbook] fund.
1433	1433	(e) An eligible institution, as defined by Section
1434	1434	31.0241(a), that offers open-source instructional materials under
1435	1435	Section 31.0241 is not a publisher or manufacturer for purposes of
1436	1436	this section.
1437	1437	SECTION 57. The heading to Section 31.152, Education Code,
1438	1438	is amended to read as follows:
1439	1439	Sec. 31.152. ACCEPTING REBATE ON [TEXTBOOKS, ELECTRONIC
1440	1440	TEXTBOOKS,] INSTRUCTIONAL MATERIALS[,] OR TECHNOLOGICAL EQUIPMENT.
1441	1441	SECTION 58. Sections 31.152(a), (b), and (d), Education
1442	1442	Code, are amended to read as follows:
1443	1443	(a) A school trustee, administrator, or teacher commits an
1444	1444	offense if that person receives any commission or rebate on any
1445	1445	[textbooks, electronic textbooks,] instructional materials[,] or
1446	1446	technological equipment used in the schools with which the person
1447	1447	is associated as a trustee, administrator, or teacher.
1448	1448	(b) A school trustee, administrator, or teacher commits an
1449	1449	offense if the person accepts a gift, favor, or service that:
1450	1450	(1) is given to the person or the person's school;
1451	1451	(2) might reasonably tend to influence a trustee,
1452	1452	administrator, or teacher in the selection of [a textbook,
1453	1453	electronic textbook,] instructional material[,] or technological
1454	1454	equipment; and
1455	1455	(3) could not be lawfully purchased with state
1456	1456	instructional materials funds [from the state textbook fund].
1457	1457	(d) In this section, "gift, favor, or service" does not
1458	1458	include:
1459	1459	(1) staff development, in-service, or teacher
1460	1460	training; or
1461	1461	(2) ancillary [instructional] materials, such as maps
1462	1462	or worksheets, that convey information to the student or otherwise
1463	1463	contribute to the learning process.
1464	1464	SECTION 59. The heading to Section 31.153, Education Code,
1465	1465	is amended to read as follows:
1466	1466	Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS
1467	1467	[TEXTBOOK] LAW.
1468	1468	SECTION 60. Section 31.153(a), Education Code, is amended
1469	1469	to read as follows:
1470	1470	(a) A person commits an offense if the person knowingly
1471	1471	violates any law providing for the purchase or distribution of free
1472	1472	instructional materials [textbooks] for the public schools.
1473	1473	SECTION 61. Chapter 32, Education Code, is amended by
1474	1474	adding Subchapter E to read as follows:
1475	1475	SUBCHAPTER E. TECHNOLOGY LENDING PROGRAM GRANTS
1476	1476	Sec. 32.201. ESTABLISHMENT OF PROGRAM. (a) The
1477	1477	commissioner may establish a grant program under which grants are
1478	1478	awarded to school districts and open-enrollment charter schools to
1479	1479	implement a technology lending program to provide students access
1480	1480	to equipment necessary to use electronic instructional materials.
1481	1481	(b) A school district or an open-enrollment charter school
1482	1482	may apply to the commissioner to participate in the grant program.
1483	1483	In awarding grants under this subchapter for each school year, the
1484	1484	commissioner shall consider:
1485	1485	(1) the availability of existing equipment to students
1486	1486	in the district or charter school; and
1487	1487	(2) other funding available to the district or charter
1488	1488	school.
1489	1489	(c) The commissioner may determine the terms of a grant
1490	1490	awarded under this section, including limits on the grant amount
1491	1491	and approved uses of grant funds.
1492	1492	(d) The commissioner may recover funds not used in
1493	1493	accordance with the terms of a grant from any state funds otherwise
1494	1494	due to the school district or open-enrollment charter school.
1495	1495	Sec. 32.202. FUNDING. (a) The commissioner may set aside
1496	1496	not more than five percent of the state instructional materials
1497	1497	fund under Section 31.021 or a different amount determined by
1498	1498	appropriation to administer a grant program established under this
1499	1499	subchapter.
1500	1500	(b) The cost of administering a grant program under this
1501	1501	subchapter must be paid from funds provided under Subsection (a).
1502	1502	Sec. 32.203. USE OF GRANT FUNDS. (a) A school district or
1503	1503	open-enrollment charter school may use a grant awarded under
1504	1504	Section 32.201 or other local funds to purchase, maintain, and
1505	1505	insure equipment for a technology lending program.
1506	1506	(b) Equipment purchased by a school district or
1507	1507	open-enrollment charter school with a grant awarded under Section
1508	1508	32.201 is the property of the district or charter school.
1509	1509	SECTION 62. Section 39.023(c), Education Code, is amended
1510	1510	to read as follows:
1511	1511	(c) The agency shall also adopt end-of-course assessment
1512	1512	instruments for secondary-level courses in Algebra I, Algebra II,
1513	1513	geometry, biology, chemistry, physics, English I, English II,
1514	1514	English III, world geography, world history, and United States
1515	1515	history. The Algebra I, Algebra II, and geometry end-of-course
1516	1516	assessment instruments must be administered with the aid of
1517	1517	technology. A school district shall comply with State Board of
1518	1518	Education rules regarding administration of the assessment
1519	1519	instruments listed in this subsection. A district [and] shall adopt
1520	1520	a policy addressing whether [that requires] a student's performance
1521	1521	on an end-of-course assessment instrument for a course listed in
1522	1522	this subsection in which the student is enrolled will be used by the
1523	1523	district in determining [to account for 15 percent of] the
1524	1524	student's final grade for the course and, if so, the manner in which
1525	1525	the student's performance on an end-of-course assessment
1526	1526	instrument will be used in determining the student's final grade
1527	1527	for the course. If a student retakes an end-of-course assessment
1528	1528	instrument for a course listed in this subsection, as provided by
1529	1529	Section 39.025, a [school] district shall act in accordance with
1530	1530	district policy concerning whether [is not required] to use and, if
1531	1531	so, the manner in which to use the student's performance on the
1532	1532	subsequent administration or administrations of the assessment
1533	1533	instrument in determining [to determine] the student's final grade
1534	1534	for the course. If a student is in a special education program
1535	1535	under Subchapter A, Chapter 29, the student's admission, review,
1536	1536	and dismissal committee shall determine whether any allowable
1537	1537	modification is necessary in administering to the student an
1538	1538	assessment instrument required under this subsection. The State
1539	1539	Board of Education shall administer the assessment instruments.
1540	1540	The State Board of Education shall adopt a schedule for the
1541	1541	administration of end-of-course assessment instruments that
1542	1542	complies with the requirements of Subsection (c-3).
1543	1543	SECTION 63. Subchapter B, Chapter 39, Education Code, is
1544	1544	amended by adding Section 39.0236 to read as follows:
1545	1545	Sec. 39.0236. REDUCED ASSESSMENT REQUIREMENTS PILOT
1546	1546	PROGRAM. (a) In this section, "pilot program" means the reduced
1547	1547	assessment requirements pilot program established under this
1548	1548	section.
1549	1549	(b) The commissioner by rule shall establish a pilot program
1550	1550	in which certain students in grades three through eight at a
1551	1551	participating campus have reduced assessment requirements, as
1552	1552	provided by this section.
1553	1553	(c) A campus may apply to the commissioner to participate in
1554	1554	the pilot program.
1555	1555	(d) The commissioner shall select at least 20 campuses to
1556	1556	participate in the pilot program. In selecting campuses for
1557	1557	participation in the pilot program, the commissioner shall ensure
1558	1558	that, to the greatest extent practicable, the diverse demographic,
1559	1559	geographic, socioeconomic, and academic characteristics found in
1560	1560	this state are represented and that elementary and middle or junior
1561	1561	high schools are represented.
1562	1562	(e) Notwithstanding Section 39.023, a student attending a
1563	1563	campus participating in the pilot program, other than a student
1564	1564	administered assessment instruments under Section 39.023(b) or (l)
1565	1565	or granted an exemption from administration of an assessment
1566	1566	instrument under Section 39.027, shall be assessed using assessment
1567	1567	instruments adopted or developed under Section 39.023(a) in:
1568	1568	(1) mathematics:
1569	1569	(A) in grades three and five without the aid of
1570	1570	technology; and
1571	1571	(B) in grade eight with the aid of technology on
1572	1572	any assessment instrument that includes algebra;
1573	1573	(2) reading, in grades three, five, and eight;
1574	1574	(3) writing, including spelling and grammar, in grades
1575	1575	four and seven;
1576	1576	(4) social studies, in grade eight; and
1577	1577	(5) science, in grades five and eight.
1578	1578	(f) A student shall be assessed in grade four in mathematics
1579	1579	or reading using an assessment instrument administered under
1580	1580	Subsection (e) in grade three if, on the final assessment
1581	1581	instrument in that subject administered to the student in grade
1582	1582	three during the preceding school year, the student did not achieve
1583	1583	a score determined through the analysis of previous years' testing
1584	1584	data to predict with a high level of statistical confidence that a
1585	1585	student will pass the following year.
1586	1586	(g) A student shall be assessed in grade six in mathematics
1587	1587	or reading using an assessment instrument administered under
1588	1588	Subsection (e) in grade five if, on the final assessment instrument
1589	1589	in that subject administered to the student in grade five during the
1590	1590	preceding school year, the student did not achieve a score
1591	1591	determined through the analysis of previous years' testing data to
1592	1592	predict with a high level of statistical confidence that a student
1593	1593	will pass the following year.
1594	1594	(h) A student shall be assessed in grade seven in
1595	1595	mathematics or reading using an assessment instrument administered
1596	1596	under Subsection (g) in grade six if, on the final assessment
1597	1597	instrument in that subject administered to the student in grade six
1598	1598	during the preceding school year, the student did not achieve a
1599	1599	score determined through the analysis of previous years' testing
1600	1600	data to predict with a high level of statistical confidence that a
1601	1601	student will pass the following year.
1602	1602	(i) A participating campus may, for its own use in
1603	1603	determining whether students are performing at a satisfactory
1604	1604	level, administer to a student at the appropriate grade level,
1605	1605	other than a student required to be assessed under this section, an
1606	1606	assessment instrument. At the request of a participating campus,
1607	1607	the agency shall provide, allow for the administration of, and
1608	1608	score each assessment instrument administered under this
1609	1609	subsection in the same manner and at the same cost as for assessment
1610	1610	instruments required to be administered under the applicable
1611	1611	subsection. The results of an assessment instrument administered
1612	1612	under this subsection may not be included as an indicator of student
1613	1613	achievement under Section 39.054 or any other provision.
1614	1614	(j) If there is a conflict between this section and federal
1615	1615	law as a result of forgoing under this section certain
1616	1616	administration of assessment instruments to students who have
1617	1617	recently performed successfully on assessment instruments
1618	1618	assessing the same subject, the commissioner shall seek a waiver
1619	1619	from the application of conflicting federal law for a campus
1620	1620	participating in the pilot program.
1621	1621	(k) The commissioner shall adopt rules as necessary to
1622	1622	administer this section.
1623	1623	(l) The commissioner shall conduct a study to determine
1624	1624	whether the pilot program has been successful. The study must
1625	1625	compare the achievements in mathematics and reading of students at
1626	1626	participating and nonparticipating campuses in similar geographic
1627	1627	areas that have students of similar demographic, socioeconomic, and
1628	1628	academic characteristics. The study must evaluate the differences
1629	1629	between mathematics and reading performance of students at campuses
1630	1630	participating in the pilot program and those in matched
1631	1631	nonparticipating campuses. Not later than September 1, 2014, the
1632	1632	commissioner shall submit the results of the study to the
1633	1633	legislature.
1634	1634	(m) The commissioner by rule shall establish the pilot
1635	1635	program for the 2012-2013 and 2013-2014 school years.
1636	1636	(n) This section expires December 31, 2014.
1637	1637	SECTION 64. Section 39.025, Education Code, is amended by
1638	1638	amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), (e),
1639	1639	(f), and (g) and adding Subsections (a-4) and (a-5) to read as
1640	1640	follows:
1641	1641	(a) The commissioner shall adopt rules requiring a student
1642	1642	participating in the recommended or advanced high school program to
1643	1643	be administered each end-of-course assessment instrument listed in
1644	1644	Section 39.023(c) and requiring a student participating in the
1645	1645	minimum high school program to be administered an end-of-course
1646	1646	assessment instrument listed in Section 39.023(c) only for a course
1647	1647	in which the student is enrolled and for which an end-of-course
1648	1648	assessment instrument is administered. [A student is required to
1649	1649	achieve, in each subject in the foundation curriculum under Section
1650	1650	28.002(a)(1), a cumulative score that is at least equal to the
1651	1651	product of the number of end-of-course assessment instruments
1652	1652	administered to the student in that subject and a scale score that
1653	1653	indicates satisfactory performance, as determined by the
1654	1654	commissioner under Section 39.0241(a). A student must achieve a
1655	1655	minimum score as determined by the commissioner to be within a
1656	1656	reasonable range of the scale score under Section 39.0241(a) on an
1657	1657	end-of-course assessment instrument for the score to count towards
1658	1658	the student's cumulative score. For purposes of this subsection, a
1659	1659	student's cumulative score is determined using the student's
1660	1660	highest score on each end-of-course assessment instrument
1661	1661	administered to the student. A student may not receive a high
1662	1662	school diploma until the student has performed satisfactorily on
1663	1663	the end-of-course assessment instruments in the manner provided
1664	1664	under this subsection. This subsection does not require a student
1665	1665	to demonstrate readiness to enroll in an institution of higher
1666	1666	education.]
1667	1667	(a-1) The commissioner by rule shall determine a method by
1668	1668	which a student's satisfactory performance on an advanced placement
1669	1669	test, international baccalaureate examination, an SAT Subject
1670	1670	Test, or another assessment instrument determined by the
1671	1671	commissioner to be at least as rigorous as an end-of-course
1672	1672	assessment instrument adopted under Section 39.023(c) may be used
1673	1673	as a factor in determining whether the student satisfies the
1674	1674	requirements of Subsection (a) and Subsection (a-2), (a-3), or
1675	1675	(a-4), as applicable to the student[, including the cumulative
1676	1676	score requirement of that subsection]. The commissioner by rule
1677	1677	may determine a method by which a student's satisfactory
1678	1678	performance on a Preliminary Scholastic Assessment Test (PSAT)
1679	1679	assessment or a preliminary American College Test (ACT) assessment
1680	1680	may be used as a factor in determining whether the student satisfies
1681	1681	the requirements of Subsection (a) and Subsection (a-2), (a-3), or
1682	1682	(a-4), as applicable to the student.
1683	1683	(a-2) To graduate under the recommended high school program
1684	1684	[In addition to the cumulative score requirements under Subsection
1685	1685	(a)], a student must achieve a score that meets or exceeds the score
1686	1686	determined by the commissioner under Section 39.0241(a) on
1687	1687	end-of-course assessment instruments for the following:
1688	1688	(1) English III;
1689	1689	(2) [and] Algebra II;
1690	1690	(3) biology, chemistry, or physics; and
1691	1691	(4) world geography, world history, or United States
1692	1692	history [end-of-course assessment instruments to graduate under
1693	1693	the recommended high school program].
1694	1694	(a-3) To graduate under the advanced high school program [In
1695	1695	addition to the cumulative score requirements under Subsection
1696	1696	(a)], a student must:
1697	1697	(1) achieve a score that meets or exceeds the score
1698	1698	determined by the commissioner under Section 39.0241(a-1) on
1699	1699	end-of-course assessment instruments for the following:
1700	1700	(A) English III; and
1701	1701	(B) Algebra II; and
1702	1702	(2) achieve a score that meets or exceeds the score
1703	1703	determined by the commissioner under Section 39.0241(a) on
1704	1704	end-of-course assessment instruments for the following:
1705	1705	(A) biology, chemistry, or physics; and
1706	1706	(B) world geography, world history, or United
1707	1707	States history [in order to graduate under the advanced high school
1708	1708	program].
1709	1709	(a-4) To graduate under the minimum high school program, a
1710	1710	student must achieve a score that meets or exceeds the score
1711	1711	determined by the commissioner under Section 39.0241(a) on
1712	1712	end-of-course assessment instruments for the following:
1713	1713	(1) English III;
1714	1714	(2) Algebra I;
1715	1715	(3) biology, chemistry, or physics; and
1716	1716	(4) world geography, world history, or United States
1717	1717	history.
1718	1718	(a-5) The admission, review, and dismissal committee of a
1719	1719	student in a special education program under Subchapter A, Chapter
1720	1720	29, shall determine whether, to receive a high school diploma, the
1721	1721	student is required to achieve satisfactory performance on
1722	1722	end-of-course assessment instruments.
1723	1723	(b) Each time an end-of-course assessment instrument is
1724	1724	administered, a student who failed to achieve the [a minimum] score
1725	1725	requirement under this section may [Subsection (a) shall] retake
1726	1726	the assessment instrument. A student who fails to perform
1727	1727	satisfactorily on an Algebra II or English III end-of-course
1728	1728	assessment instrument under the college readiness performance
1729	1729	standard, as provided under Section 39.024(b), may retake the
1730	1730	assessment instrument. [Any other student may retake an
1731	1731	end-of-course assessment instrument for any reason.] A student is
1732	1732	not required to retake a course as a condition of retaking an
1733	1733	end-of-course assessment instrument.
1734	1734	(b-2) If a school district determines that a student, on
1735	1735	completion of grade 11, is unlikely to achieve the [cumulative]
1736	1736	score requirement under this section [requirements] for one or more
1737	1737	end-of-course assessment instruments as necessary [subjects
1738	1738	prescribed by Subsection (a)] for receiving a high school diploma,
1739	1739	the district shall require the student to enroll in a corresponding
1740	1740	content-area college preparatory course for which an end-of-course
1741	1741	assessment instrument has been adopted, if available. A student
1742	1742	who enrolls in a college preparatory course described by this
1743	1743	subsection shall be administered an end-of-course assessment
1744	1744	instrument for the course, with the end-of-course assessment
1745	1745	instrument scored on a scale as determined by the commissioner [not
1746	1746	to exceed 20 percent of the cumulative score requirements required
1747	1747	to graduate as determined under Subsection (a)]. A student may use
1748	1748	the student's score on the end-of-course assessment instrument for
1749	1749	the college preparatory course towards satisfying the [cumulative]
1750	1750	score requirement under this section [requirements prescribed by
1751	1751	Subsection (a)].
1752	1752	(e) The commissioner shall establish a required performance
1753	1753	level for an assessment instrument adopted under Subsection (d)
1754	1754	that is at least as rigorous as the performance level required to be
1755	1755	met under Subsection (a-2), (a-3), or (a-4), as applicable to the
1756	1756	student [(a)].
1757	1757	(f) The commissioner shall by rule adopt a transition plan
1758	1758	to implement the amendments made by Chapter 1312 (S.B. No. 1031),
1759	1759	Acts of the 80th Legislature, Regular Session, 2007, replacing
1760	1760	general subject assessment instruments administered at the high
1761	1761	school level with end-of-course assessment instruments. The rules
1762	1762	must provide for the end-of-course assessment instruments adopted
1763	1763	under Section 39.023(c) to be administered beginning with students
1764	1764	entering the ninth grade during the 2011-2012 school year. During
1765	1765	the period under which the transition to end-of-course assessment
1766	1766	instruments is made:
1767	1767	(1) for students entering a grade above the ninth
1768	1768	grade during the 2011-2012 school year and to the extent necessary
1769	1769	for purposes of Subdivisions (5) and (6), the commissioner shall
1770	1770	retain, administer, and use for purposes of accreditation and other
1771	1771	campus and district accountability measures under this chapter the
1772	1772	assessment instruments required by Section 39.023(a) or (c), as
1773	1773	that section existed before amendment by Chapter 1312 (S.B. No.
1774	1774	1031), Acts of the 80th Legislature, Regular Session, 2007;
1775	1775	(2) a student subject to Subdivision (1) may not
1776	1776	receive a high school diploma unless the student has performed
1777	1777	satisfactorily on each required assessment instrument administered
1778	1778	under Section 39.023(c) as that section existed before amendment by
1779	1779	Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
1780	1780	Session, 2007; [and]
1781	1781	(3) the agency may defer releasing assessment
1782	1782	instrument questions and answer keys as required by Section
1783	1783	39.023(e) to the extent necessary to develop additional assessment
1784	1784	instruments;
1785	1785	(4) a student entering ninth grade during the
1786	1786	2011-2012 or 2012-2013 school year shall be administered each
1787	1787	end-of-course assessment instrument listed in Section 39.023(c)
1788	1788	for a course in which the student is enrolled and for which an
1789	1789	end-of-course assessment instrument is administered;
1790	1790	(5) a student subject to Subdivision (4) may not
1791	1791	receive a high school diploma under the recommended high school
1792	1792	program unless the student:
1793	1793	(A) achieves a score that meets or exceeds the
1794	1794	score determined by the commissioner under Section 39.0241(a) on
1795	1795	end-of-course assessment instruments for the following:
1796	1796	(i) English III;
1797	1797	(ii) Algebra II;
1798	1798	(iii) biology, chemistry, or physics; and
1799	1799	(iv) world geography, world history, or
1800	1800	United States history; or
1801	1801	(B) has performed satisfactorily on each
1802	1802	required assessment instrument administered under Section
1803	1803	39.023(c), as that section existed before amendment by Chapter 1312
1804	1804	(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
1805	1805	2007;
1806	1806	(6) a student subject to Subdivision (4) may not
1807	1807	receive a high school diploma under the minimum high school program
1808	1808	unless the student:
1809	1809	(A) achieves a score that meets or exceeds the
1810	1810	score determined by the commissioner under Section 39.0241(a) on
1811	1811	end-of-course assessment instruments for the following:
1812	1812	(i) English III;
1813	1813	(ii) Algebra I;
1814	1814	(iii) biology, chemistry, or physics; and
1815	1815	(iv) world geography, world history, or
1816	1816	United States history; or
1817	1817	(B) has performed satisfactorily on each
1818	1818	required assessment instrument administered under Section
1819	1819	39.023(c), as that section existed before amendment by Chapter 1312
1820	1820	(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
1821	1821	2007; and
1822	1822	(7) a student entering ninth grade during the
1823	1823	2013-2014 school year or a later school year may not receive a high
1824	1824	school diploma unless the student has satisfied the requirements of
1825	1825	Subsection (a) and Subsection (a-2), (a-3), or (a-4), as applicable
1826	1826	to the student.
1827	1827	(g) Rules adopted under Subsection (f) must require that
1828	1828	each student who will be subject to the requirements of Subsection
1829	1829	(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the
1830	1830	specific requirements applicable to the student. Notice under this
1831	1831	subsection must be provided not later than the date the student
1832	1832	enters the eighth grade. For a student who entered eighth grade in
1833	1833	the 2010-2011 school year, notice under this subsection must also
1834	1834	be provided not later than the date the student enters the ninth
1835	1835	grade to inform the student of modifications in the requirements
1836	1836	applicable to the student. Subsection (f) and this subsection
1837	1837	expire September 1, 2017 [2015].
1838	1838	SECTION 65. Section 39.303(b), Education Code, is amended
1839	1839	to read as follows:
1840	1840	(b) For a student who failed to perform satisfactorily as
1841	1841	determined under either performance standard under Section 39.0241
1842	1842	on an assessment instrument administered under Section 39.023(a),
1843	1843	(c), or (l), the school district shall include in the notice
1844	1844	specific information relating to access to [online] educational
1845	1845	resources at the appropriate assessment instrument content level,
1846	1846	including [educational resources described by Section 32.252(b)(2)
1847	1847	and] assessment instrument questions and answers released under
1848	1848	Section 39.023(e).
1849	1849	SECTION 66. Section 41.124(c), Education Code, as effective
1850	1850	September 1, 2011, is amended to read as follows:
1851	1851	(c) A school district that receives tuition for a student
1852	1852	from a school district with a wealth per student that exceeds the
1853	1853	equalized wealth level may not claim attendance for that student
1854	1854	for purposes of Chapters 42 and 46 and the instructional materials
1855	1855	[technology] allotment under Section 31.0211 [32.005].
1856	1856	SECTION 67. Section 43.001(b), Education Code, as amended
1857	1857	by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of the 78th
1858	1858	Legislature, Regular Session, 2003, is reenacted to read as
1859	1859	follows:
1860	1860	(b) The available school fund, which shall be apportioned
1861	1861	annually to each county according to its scholastic population,
1862	1862	consists of:
1863	1863	(1) the distributions to the fund from the permanent
1864	1864	school fund as provided by Section 5(a), Article VII, Texas
1865	1865	Constitution;
1866	1866	(2) one-fourth of all revenue derived from all state
1867	1867	occupation taxes, exclusive of delinquencies and cost of
1868	1868	collection;
1869	1869	(3) one-fourth of revenue derived from state gasoline
1870	1870	and special fuels excise taxes as provided by law; and
1871	1871	(4) all other appropriations to the available school
1872	1872	fund made by the legislature for public school purposes.
1873	1873	SECTION 68. Section 43.001, Education Code, is amended by
1874	1874	adding Subsections (d) through (g) to read as follows:
1875	1875	(d) Each year the State Board of Education shall set aside
1876	1876	an amount equal to 50 percent of the annual distribution for that
1877	1877	year from the permanent school fund to the available school fund as
1878	1878	provided by Section 5(a), Article VII, Texas Constitution, to be
1879	1879	placed, subject to the General Appropriations Act, in the state
1880	1880	instructional materials fund established under Section 31.021.
1881	1881	(e) Subsection (d) applies beginning with the state fiscal
1882	1882	biennium beginning September 1, 2013. For the state fiscal
1883	1883	biennium beginning September 1, 2011, each year the State Board of
1884	1884	Education shall set aside an amount equal to 40 percent of the
1885	1885	annual distribution for that year from the permanent school fund to
1886	1886	the available school fund as provided by Section 5(a), Article VII,
1887	1887	Texas Constitution, to be placed, subject to the General
1888	1888	Appropriations Act, in the state instructional materials fund
1889	1889	established under Section 31.021.
1890	1890	(f) In calculating the amounts to be set aside as provided
1891	1891	by Subsection (e) for the state fiscal biennium beginning September
1892	1892	1, 2011, the State Board of Education shall consider only the
1893	1893	amounts of the annual distribution of the permanent school fund for
1894	1894	that biennium. The board shall not consider amounts distributed
1895	1895	for the state fiscal biennium beginning September 1, 2009,
1896	1896	regardless of the date on which those amounts were approved for
1897	1897	distribution.
1898	1898	(g) Subsections (e) and (f) and this subsection expire
1899	1899	September 1, 2013.
1900	1900	SECTION 69. The following provisions of the Education Code
1901	1901	are repealed:
1902	1902	(1) Section 31.002(3);
1903	1903	(2) Sections 31.021(b), (e), and (f);
1904	1904	(3) Section 31.0222;
1905	1905	(4) Section 31.025;
1906	1906	(5) Sections 31.035(e) and (g);
1907	1907	(6) Section 31.072(c);
1908	1908	(7) Sections 31.073(a) and (b);
1909	1909	(8) Sections 31.101(b), (b-1), (c), and (c-1);
1910	1910	(9) Section 31.1011;
1911	1911	(10) Sections 31.103(a) and (e);
1912	1912	(11) Section 31.1031;
1913	1913	(12) Subchapter E, Chapter 31;
1914	1914	(13) Section 32.005;
1915	1915	(14) Sections 32.251 through 32.257;
1916	1916	(15) Sections 32.259 through 32.263; and
1917	1917	(16) Subchapter H, Chapter 32.
1918	1918	SECTION 70. Sections 2175.128(a-1) and (b-1), Government
1919	1919	Code, are repealed.
1920	1920	SECTION 71. The change in law made by this Act to Section
1921	1921	7.108, Education Code, applies only to an offense committed on or
1922	1922	after the effective date of this Act. An offense committed before
1923	1923	the effective date of this Act is governed by the law in effect when
1924	1924	the offense was committed, and the former law is continued in effect
1925	1925	for that purpose. For purposes of this section, an offense was
1926	1926	committed before the effective date of this Act if any element of
1927	1927	the offense occurred before that date.
1928	1928	SECTION 72. This Act takes effect September 1, 2011, if it
1929	1929	receives a vote of two-thirds of all the members elected to each
1930	1930	house, as provided by Section 39, Article III, Texas Constitution.
1931	1931	If this Act does not receive the vote necessary for effect on that
1932	1932	date, this Act takes effect on the 91st day after the last day of the
1933	1933	legislative session.