Texas 2015 84th Regular

Texas House Bill HB2811 Engrossed / Bill

Filed 05/11/2015

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                    By: King of Hemphill H.B. No. 2811


 A BILL TO BE ENTITLED
 AN ACT
 relating to a revision of the essential knowledge and skills of the
 public school foundation curriculum, the instructional materials
 allotment, and proclamations for the production of instructional
 materials.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 28, Education Code, is
 amended by adding Section 28.0025 to read as follows:
 Sec. 28.0025.  REVIEW AND REVISION OF ESSENTIAL KNOWLEDGE
 AND SKILLS. (a) The State Board of Education shall:
 (1)  conduct a review of the essential knowledge and
 skills for the foundation curriculum adopted under Section
 28.002(a)(1); and
 (2)  revise the essential knowledge and skills for that
 curriculum to narrow the number and scope of student expectations
 for each subject and grade level in accordance with this section.
 (b)  The scope of the essential knowledge and skills for each
 subject and grade level of the foundation curriculum must:
 (1)  be more narrow than the scope of the essential
 knowledge and skills adopted as of January 1, 2015; and
 (2)  require less time for a demonstration of mastery
 than required for the essential knowledge and skills adopted as of
 January 1, 2015.
 (c)  In complying with this section, the State Board of
 Education shall:
 (1)  ensure that a revision of the essential knowledge
 and skills for the foundation curriculum does not result in a need
 for the adoption of new instructional materials;
 (2)  consider for each subject and grade level, the
 time:
 (A)  a teacher would require to provide
 comprehensive instruction on a particular student expectation; and
 (B)  a typical student would require to master a
 particular student expectation;
 (3)  determine whether, in light of the consideration
 required by Subdivision (2), each essential knowledge and skill of
 a subject can be comprehensively taught within the shorter of the
 following periods:
 (A)  the number of school days available for
 instruction before the date a state assessment instrument is
 administered for the subject; or
 (B)  the number of school days required under
 Section 25.081, not including the number of days required for
 testing;
 (4)  determine whether the college and career readiness
 standards have been appropriately integrated in the essential
 knowledge and skills for each subject and grade level; and
 (5)  consider whether an assessment instrument
 administered under Section 39.023 adequately assesses a particular
 student expectation.
 (d)  Not later than September 1, 2018, the State Board of
 Education shall complete the review and revision of the essential
 knowledge and skills for each subject and grade level of the
 foundation curriculum that was last revised before September 1,
 2012.
 (e)  This section expires September 1, 2019.
 SECTION 2.  Section 31.002, Education Code, is amended by
 adding Subdivision (1-b) to read as follows:
 (1-b)  "Proclamation" means a request for production of
 instructional materials issued by the State Board of Education.
 SECTION 3.  Sections 31.0211(a) and (d), Education Code, are
 amended to read as follows:
 (a)  A school district is entitled to an [annual] allotment
 each biennium from the state instructional materials fund for each
 student enrolled in the district on a date during the last year of
 the preceding biennium [school year] specified by the
 commissioner.  The commissioner shall determine the amount of the
 allotment per student each biennium [year] on the basis of the
 amount of money available in the state instructional materials fund
 to fund the allotment.  An allotment under this section shall be
 transferred from the state instructional materials fund to the
 credit of the district's instructional materials account as
 provided by Section 31.0212.
 (d)  Each biennium [year] a school district shall use the
 district's allotment under this section to purchase, in the
 following order:
 (1)  instructional materials necessary to permit the
 district to certify that the district has instructional materials
 that cover all elements of the essential knowledge and skills of the
 required curriculum, other than physical education, for each grade
 level as required by Section 28.002; and
 (2)  any other instructional materials or
 technological equipment as determined by the district.
 SECTION 4.  Section 31.0212(a), Education Code, is amended
 to read as follows:
 (a)  The commissioner shall maintain an instructional
 materials account for each school district. In the first year of
 each biennium [Each school year], the commissioner shall deposit in
 the account for each district the amount of the district's
 instructional materials allotment under Section 31.0211.
 SECTION 5.  Sections 31.0215(a) and (b), Education Code, are
 amended to read as follows:
 (a)  The commissioner shall, as early as practicable during
 each biennium [fiscal year], notify each school district and
 open-enrollment charter school of the estimated amount to which the
 district or charter school will be entitled under Section 31.0211
 during the next fiscal biennium [year].
 (b)  The commissioner may allow a school district or
 open-enrollment charter school to place an order for instructional
 materials before the beginning of a fiscal biennium [year] and to
 receive instructional materials before payment.  The commissioner
 shall limit the cost of an order placed under this section to 80
 percent of the estimated amount to which a school district or
 open-enrollment charter school is estimated to be entitled as
 provided by Subsection (a) and shall first credit any balance in a
 district or charter school instructional materials account to pay
 for an order placed under this section.
 SECTION 6.  Section 31.022, Education Code, is amended by
 adding Subsections (b-1), (b-2), and (b-3) and amending Subsection
 (f) to read as follows:
 (b-1)  For any state fiscal biennium, the board may only
 issue proclamations for instructional materials in which the total
 projected cost of instructional materials under the proclamations
 does not exceed 75 percent of the total amount used to fund the
 instructional materials allotment under Section 31.0211 for that
 biennium.
 (b-2)  Following the adoption of revised essential knowledge
 and skills for any subject, the board shall determine whether
 issuance of a proclamation is necessary based on the significance
 of the changes to the essential knowledge and skills. If the board
 determines a proclamation is necessary, the board shall issue:
 (1)  a full call for instructional materials aligned to
 all of the essential knowledge and skills for the subject and grade
 level;
 (2)  a supplemental call for instructional materials
 aligned to new or expanded essential knowledge and skills for the
 subject and grade level;
 (3)  a call for new information demonstrating alignment
 of current instructional materials to the revised essential
 knowledge and skills; or
 (4)  any combination of the calls described by
 Subdivisions (1), (2), and (3).
 (b-3)  In determining the disbursement of money to the
 available school fund and the amount of that disbursement that will
 be used, in accordance with Section 43.001(d), to fund the
 instructional materials allotment under Section 31.0211, the board
 must consider the cost of all instructional materials and
 technology requirements for that state fiscal biennium.
 (f)  The board shall amend any proclamation [request for
 production] issued for the purchase of instructional materials to
 conform to the instructional materials funding levels provided by
 the General Appropriations Act for the year of implementation and
 to comply with Subsection (b-1).
 SECTION 7.  Section 43.001(d), Education Code, is amended to
 read as follows:
 (d)  Each biennium [year] the State Board of Education shall
 set aside an amount equal to 50 percent of the [annual] distribution
 for that biennium [year] from the permanent school fund to the
 available school fund as provided by Section 5(a), Article VII,
 Texas Constitution, to be placed, subject to the General
 Appropriations Act, in the state instructional materials fund
 established under Section 31.021.
 SECTION 8.  Section 403.093(d), Government Code, is amended
 to read as follows:
 (d)  The comptroller shall transfer from the general revenue
 fund to the foundation school fund an amount of money necessary to
 fund the foundation school program as provided by Chapter 42,
 Education Code. The comptroller shall make the transfers in
 installments as necessary to comply with Section 42.259, Education
 Code, and permit the Texas Education Agency, to the extent
 authorized by the General Appropriations Act, to make temporary
 transfers from the foundation school fund for payment of the
 instructional materials allotment under Section 31.0211, Education
 Code. Unless an earlier date is necessary for purposes of temporary
 transfers for payment of the instructional materials allotment, an
 [An] installment must be made not earlier than two days before the
 date an installment to school districts is required by Section
 42.259, Education Code, and must not exceed the amount necessary
 for that payment and any temporary transfers for payment of the
 instructional materials allotment.
 SECTION 9.  Sections 31.101(d) and (e), Education Code, are
 repealed.
 SECTION 10.  This Act takes effect September 1, 2015.