82S11260 CAE-D
By: Shapiro S.R. No. 107
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, 1st Called Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 6 (foundation curriculum, the establishment of the
instructional materials allotment, and the adoption, review, and
purchase of instructional materials and technological equipment
for public schools) to consider and take action on the following
matter:
(1) Senate Rules 12.03(1) and (4) are suspended to permit
the committee to change and add text on a matter which is not in
disagreement in proposed SECTION 23 of the bill, in added Section
31.0211(c)(2)(B), Education Code, to read as follows:
(B) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning.
Explanation: The change and addition of text are necessary
to clarify that a school district may use the district's
instructional materials allotment to pay the salary and other
expenses of employees who provide technical support for the use of
technological equipment directly related to student learning.
(2) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to change and omit text not in disagreement in
proposed SECTION 27 of the bill, amending Section 31.0231,
Education Code, to read as follows:
SECTION 27. Section 31.0231, Education Code, is amended to
read as follows:
Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a
list of:
(1) electronic instructional material [textbooks];
and
(2) [instructional] material that conveys information
to the student or otherwise contributes to the learning process,
including tools, models, and investigative materials designed for
use as part of the foundation curriculum for:
(A) science in kindergarten through grade five;
and
(B) personal financial literacy in kindergarten
through grade eight.
(b) A school district may select [an electronic textbook or
instructional] material on the list adopted under Subsection (a) to
be funded by the district's instructional materials allotment
[state textbook fund] under Section 31.0211 [31.021].
(c) Before the commissioner places [an electronic textbook
or instructional] material on the list adopted under Subsection
(a), the State Board of Education must be given an opportunity to
comment on the [electronic textbook or instructional] material. If
the commissioner places material on the list adopted under
Subsection (a), the State Board of Education may, not later than the
90th day after the date the material is placed on the list, require
the commissioner to remove the material from the list. Material [An
electronic textbook or instructional material] placed on the list
adopted under Subsection (a):
(1) must be reviewed and recommended to the
commissioner by a panel of recognized experts in the subject area of
the [electronic textbook or instructional] material and experts in
education technology;
(2) must satisfy criteria adopted for the purpose by
commissioner rule; and
(3) must meet the National Instructional Materials
Accessibility Standard, to the extent practicable as determined by
the commissioner.
(d) The criteria adopted under Subsection (c)(2) must:
(1) include evidence of alignment with current
research in the subject for which the [electronic textbook or
instructional] material is intended to be used;
(2) include coverage of the essential knowledge and
skills identified under Section 28.002 for the subject for which
the [electronic textbook or instructional] material is intended to
be used and identify:
(A) each of the essential knowledge and skills
for the subject and grade level or levels covered by the [electronic
textbook or instructional] material; and
(B) the percentage of the essential knowledge and
skills for the subject and grade level or levels covered by the
[electronic textbook or instructional] material; and
(3) include appropriate training for teachers.
(e) The commissioner shall update, as necessary, the list
adopted under Subsection (a). Before the commissioner places [an
electronic textbook or instructional] material on the updated list,
the requirements of Subsection (c) must be met. [Before the
commissioner removes an electronic textbook or instructional
material from the updated list, the removal must be recommended by a
panel of recognized experts in the subject area of the electronic
textbook or instructional material and experts in education
technology.]
(f) After notice to the commissioner explaining in detail
the changes, the provider of [an electronic textbook or
instructional] material on the list adopted under Subsection (a)
may update the navigational features or management system related
to the [electronic textbook or instructional] material.
(g) After notice to the commissioner and a review by the
commissioner, the provider of [an electronic textbook or
instructional] material on the list adopted under Subsection (a)
may update the content of the [electronic textbook or
instructional] material if needed to accurately reflect current
knowledge or information.
(h) The commissioner shall adopt rules as necessary to
implement this section. The rules must:
(1) be consistent with Section 31.151 regarding the
duties of publishers and manufacturers, as appropriate, and the
imposition of a reasonable administrative penalty; and
(2) require public notice of an opportunity for the
submission of [an electronic textbook or instructional] material.
Explanation: The change and omission of text are necessary
to reflect the enactment and becoming law, effective June 17, 2011,
of S.B. No. 290, Acts of the 82nd Legislature, Regular Session,
2011.
(3) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to change and omit text not in disagreement in
proposed SECTION 34 of the bill, amending Section 31.027, Education
Code, to read as follows:
SECTION 34. (a) If this Act takes effect immediately,
Section 31.027, Education Code, is amended to read as follows:
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
SAMPLE [COPIES]. (a) A publisher shall provide each school district
and open-enrollment charter school with information that fully
describes each of the publisher's submitted instructional
materials [adopted textbooks]. On request of a school district, a
publisher shall provide an electronic [a] sample [copy] of
submitted instructional material [an adopted textbook].
(b) A publisher shall provide an electronic [at least two]
sample [copies] of each submitted instructional material [adopted
textbook] to be maintained at each regional education service
center.
(c) [(d)] This section does not apply to [an] open-source
instructional material [textbook].
(b) If this Act does not take effect immediately, Section
31.027, Education Code, as effective September 1, 2011, is amended
to read as follows:
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
SAMPLE. (a) A publisher shall provide each school district and
open-enrollment charter school with information that fully
describes each of the publisher's submitted instructional
materials [adopted textbooks]. On request of a school district, a
publisher shall provide an electronic sample of submitted
instructional material [an adopted textbook].
(b) A publisher shall provide an electronic sample of each
submitted instructional material [adopted textbook] to be
maintained at each regional education service center.
(c) [(d)] This section does not apply to [an] open-source
instructional material [textbook].
(c) If this Act takes effect immediately, Sections 2 and 3,
S.B. No. 391, Acts of the 82nd Legislature, Regular Session, 2011,
have no effect.
Explanation: The change and omission of text are necessary
to reflect the enactment and becoming law, effective September 1,
2011, of S.B. No. 391, Acts of the 82nd Legislature, Regular
Session, 2011.