Texas 2017 - 85th Regular

Texas House Bill HB3526 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3526
	1	+	By: Howard (Senate Sponsor - Taylor of Galveston) H.B. No. 3526
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 12, 2017, read first time and referred to Committee on
	4	+	Education; May 22, 2017, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 22, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5		-	relating to instructional materials and technology for public
6		-	schools.
	11	+	relating to renaming the instructional materials allotment as the
	12	+	technology and instructional materials allotment and making
	13	+	associated technical changes.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 31.001, Education Code, is amended to
9	16		read as follows:
10	17		Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional
11	18		materials selected for use in the public schools shall be furnished
12	19		without cost to the students attending those schools. Except as
13	20		provided by Section 31.104(d), a school district may not charge a
14	21		student for instructional material or technological equipment
15	22		purchased by the district with the district's technology and
16	23		instructional materials allotment.
17		-	SECTION 2. Section 31.004(b), Education Code, is amended to
18		-	read as follows:
19		-	(b) To determine whether each student has instructional
20		-	materials that cover all elements of the essential knowledge and
21		-	skills as required by Subsection (a), a school district or
22		-	open-enrollment charter school may consider:
23		-	(1) instructional materials adopted by the State Board
24		-	of Education;
25		-	(2) materials adopted or purchased by the commissioner
26		-	under Section 31.0231 or Subchapter B-1;
27		-	(3) open-source instructional materials submitted by
28		-	eligible institutions and adopted by the State Board of Education
29		-	under Section 31.0241;
30		-	(4) open-source instructional materials made
31		-	available by other public schools; [and]
32		-	(5) instructional materials developed or purchased by
33		-	the school district or open-enrollment charter school; and
34		-	(6) open educational resources and other electronic
35		-	instructional materials included in the repository under Section
36		-	31.083.
37		-	SECTION 3. Section 31.005, Education Code, is amended to
	24	+	SECTION 2. Section 31.005, Education Code, is amended to
38	25		read as follows:
39	26		Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
40	27		An open-enrollment charter school is entitled to the technology and
41	28		instructional materials allotment under this chapter and is subject
42	29		to this chapter as if the school were a school district.
43		-	SECTION 4. Section 31.021, Education Code, is amended to
	30	+	SECTION 3. Section 31.021, Education Code, is amended to
44	31		read as follows:
45	32		Sec. 31.021. STATE TECHNOLOGY AND INSTRUCTIONAL MATERIALS
46	33		FUND. (a) The state technology and instructional materials fund
47	34		consists of:
48	35		(1) an amount set aside by the State Board of Education
49	36		from the available school fund, in accordance with Section
50	37		43.001(d); and
51	38		(2) all amounts lawfully paid into the fund from any
52	39		other source.
53	40		(c) Money in the state technology and instructional
54	41		materials fund shall be used to:
55	42		(1) fund the technology and instructional materials
56	43		allotment, as provided by Section 31.0211;
57	44		(2) purchase special instructional materials for the
58	45		education of blind and visually impaired students in public
59	46		schools;
60	47		(3) pay the expenses associated with the instructional
61	48		materials adoption and review process under this chapter;
62	49		(4) pay the expenses associated with the purchase or
63	50		licensing of open-source instructional material;
64	51		(5) pay the expenses associated with the purchase of
65	52		instructional material, including intrastate freight and shipping
66	53		and the insurance expenses associated with intrastate freight and
67	54		shipping;
68	55		(6) fund the technology lending grant program
69		-	established under Section 32.~~301 [32.~~201]; [and]
	56	+	established under Section 32.201; and
70	57		(7) provide funding to the Texas School for the Blind
71	58		and Visually Impaired, the Texas School for the Deaf, and the Texas
72		-	Juvenile Justice Department; and
73		-	(8) pay the expenses associated with the instructional
74		-	materials web portal developed under Section 31.081.
	59	+	Juvenile Justice Department.
75	60		(d) Money transferred to the state technology and
76	61		instructional materials fund remains in the fund until spent and
77	62		does not lapse to the state at the end of the fiscal year.
78		-	SECTION 5. The heading to Section 31.0211, Education Code,
	63	+	SECTION 4. The heading to Section 31.0211, Education Code,
79	64		is amended to read as follows:
80	65		Sec. 31.0211. TECHNOLOGY AND INSTRUCTIONAL MATERIALS
81	66		ALLOTMENT.
82		-	SECTION 6. Sections 31.0211(a) and (b), Education Code, are
	67	+	SECTION 5. Sections 31.0211(a) and (b), Education Code, are
83	68		amended to read as follows:
84	69		(a) A school district is entitled to an allotment each
85	70		biennium from the state technology and instructional materials fund
86	71		for each student enrolled in the district on a date during the last
87	72		year of the preceding biennium specified by the commissioner. The
88	73		commissioner shall determine the amount of the allotment per
89	74		student each biennium on the basis of the amount of money available
90	75		in the state technology and instructional materials fund to fund
91	76		the allotment. An allotment under this section shall be
92	77		transferred from the state technology and instructional materials
93	78		fund to the credit of the district's technology and instructional
94	79		materials account as provided by Section 31.0212.
95	80		(b) A juvenile justice alternative education program under
96	81		Section 37.011 is entitled to an allotment from the state
97	82		technology and instructional materials fund in an amount determined
98	83		by the commissioner. The program shall use the allotment to
99	84		purchase items listed in Subsection (c) for students enrolled in
100	85		the program. The commissioner's determination under this
101	86		subsection is final and may not be appealed.
102		-	SECTION 7. The heading to Section 31.0212, Education Code,
	87	+	SECTION 6. The heading to Section 31.0212, Education Code,
103	88		is amended to read as follows:
104	89		Sec. 31.0212. TECHNOLOGY AND INSTRUCTIONAL MATERIALS
105	90		ACCOUNT.
106		-	SECTION 8. Sections 31.0212(a), (b), (d), and (e),
	91	+	SECTION 7. Sections 31.0212(a), (b), (d), and (e),
107	92		Education Code, are amended to read as follows:
108	93		(a) The commissioner shall maintain a technology and [an]
109	94		instructional materials account for each school district. In the
110	95		first year of each biennium, the commissioner shall deposit in the
111	96		account for each district the amount of the district's technology
112	97		and instructional materials allotment under Section 31.0211.
113	98		(b) The commissioner shall pay the cost of instructional
114	99		materials requisitioned by a school district under Section 31.103
115	100		using funds from the district's technology and instructional
116	101		materials account.
117	102		(d) Money deposited in a school district's technology and
118	103		instructional materials account during each state fiscal biennium
119	104		remains in the account and available for use by the district for the
120	105		entire biennium. At the end of each biennium, a district with
121	106		unused money in the district's account may carry forward any
122	107		remaining balance to the next biennium.
123	108		(e) The commissioner shall adopt rules as necessary to
124	109		implement this section. The rules must include a requirement that
125	110		a school district provide the title and publication information for
126	111		any instructional materials requisitioned or purchased by the
127	112		district with the district's technology and instructional
128	113		materials allotment.
129		-	SECTION 9. Section 31.0213, Education Code, is amended to
	114	+	SECTION 8. Section 31.0213, Education Code, is amended to
130	115		read as follows:
131	116		Sec. 31.0213. CERTIFICATION OF USE OF TECHNOLOGY AND
132	117		INSTRUCTIONAL MATERIALS ALLOTMENT. Each school district shall
133	118		annually certify to the commissioner that the district's technology
134	119		and instructional materials allotment has been used only for
135	120		expenses allowed by Section 31.0211.
136		-	SECTION 10. Section 31.0214(a), Education Code, is amended
	121	+	SECTION 9. Section 31.0214(a), Education Code, is amended
137	122		to read as follows:
138	123		(a) Each year the commissioner shall adjust the technology
139	124		and instructional materials allotment of school districts
140	125		experiencing high enrollment growth. The commissioner shall
141	126		establish a procedure for determining high enrollment growth
142	127		districts eligible to receive an adjustment under this section and
143	128		the amount of the technology and instructional materials allotment
144	129		those districts will receive.
145		-	SECTION 11. The heading to Section 31.0215, Education Code,
	130	+	SECTION 10. The heading to Section 31.0215, Education Code,
146	131		is amended to read as follows:
147	132		Sec. 31.0215. TECHNOLOGY AND INSTRUCTIONAL MATERIALS
148	133		[MATERIAL] ALLOTMENT PURCHASES.
149		-	SECTION 12. Sections 31.0215(b) and (c), Education Code,
	134	+	SECTION 11. Sections 31.0215(b) and (c), Education Code,
150	135		are amended to read as follows:
151	136		(b) The commissioner may allow a school district or
152	137		open-enrollment charter school to place an order for instructional
153	138		materials before the beginning of a fiscal biennium and to receive
154	139		instructional materials before payment. The commissioner shall
155	140		limit the cost of an order placed under this section to 80 percent
156	141		of the estimated amount to which a school district or
157	142		open-enrollment charter school is estimated to be entitled as
158	143		provided by Subsection (a) and shall first credit any balance in a
159	144		district or charter school technology and instructional materials
160	145		account to pay for an order placed under this section.
161	146		(c) The commissioner shall make payments for orders placed
162	147		under this section as funds become available to the technology and
163	148		instructional materials fund and shall prioritize payment of orders
164	149		placed under this section over reimbursement of purchases made
165	150		directly by a school district or open-enrollment charter school.
166		-	SECTION 13. Section 31.0231(b), Education Code, is amended
	151	+	SECTION 12. Section 31.0231(b), Education Code, is amended
167	152		to read as follows:
168	153		(b) A school district may select material on the list
169	154		adopted under Subsection (a) to be funded by the district's
170	155		technology and instructional materials allotment under Section
171	156		31.0211.
172		-	SECTION 14. Section 31.029(a), Education Code, is amended
	157	+	SECTION 13. Section 31.029(a), Education Code, is amended
173	158		to read as follows:
174	159		(a) A school district shall purchase with the district's
175	160		technology and instructional materials allotment or otherwise
176	161		acquire instructional materials for use in bilingual education
177	162		classes.
178		-	SECTION 15. Section 31.031(a), Education Code, is amended
	163	+	SECTION 14. Section 31.031(a), Education Code, is amended
179	164		to read as follows:
180	165		(a) A school district may purchase with the district's
181	166		technology and instructional materials allotment or otherwise
182	167		acquire instructional materials for use in college preparatory
183	168		courses under Section 28.014.
184		-	SECTION 16. Section 31.071(e), Education Code, is amended
	169	+	SECTION 15. Section 31.071(e), Education Code, is amended
185	170		to read as follows:
186	171		(e) The costs of administering this subchapter and
187	172		purchasing state-developed open-source instructional materials
188	173		shall be paid from the state technology and instructional materials
189	174		fund, as determined by the commissioner.
190		-	SECTION 17. Chapter 31, Education Code, is amended by
191		-	adding Subchapter B-2 to read as follows:
192		-	SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL
193		-	Sec. 31.081. INSTRUCTIONAL MATERIALS WEB PORTAL. (a) The
194		-	commissioner shall develop and maintain a web portal to assist
195		-	school districts and open-enrollment charter schools in selecting
196		-	instructional materials under Section 31.101.
197		-	(b) The web portal must include general information such as
198		-	price, computer system requirements, and any other relevant
199		-	specifications for each instructional material:
200		-	(1) on the instructional materials list, including the
201		-	list adopted under Section 31.0231; or
202		-	(2) submitted by a publisher for inclusion in the web
203		-	portal.
204		-	(c) The commissioner by rule shall establish the procedure
205		-	by which a publisher may submit instructional materials for
206		-	inclusion in the web portal.
207		-	(d) The commissioner shall use a competitive process to
208		-	contract for the development of the web portal.
209		-	(e) The commissioner shall use money in the state technology
210		-	and instructional materials fund to pay any expenses associated
211		-	with the web portal.
212		-	Sec. 31.082. QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED
213		-	BY PUBLISHER. (a) The commissioner shall contract with a private
214		-	entity to conduct an independent analysis of each instructional
215		-	material submitted by a publisher for inclusion in the web portal
216		-	developed under Section 31.081. The analysis must:
217		-	(1) evaluate the quality of the material; and
218		-	(2) determine the extent to which the material covers
219		-	the essential knowledge and skills identified under Section 28.002
220		-	for the subject and grade level for which the material is intended
221		-	to be used, including an identification of:
222		-	(A) each of the essential knowledge and skills
223		-	for the subject and grade level or levels covered by the material;
224		-	and
225		-	(B) the percentage of the essential knowledge and
226		-	skills for the subject and grade level or levels covered by the
227		-	material.
228		-	(b) The commissioner shall include in the web portal
229		-	developed under Section 31.081 the results of each analysis
230		-	conducted under Subsection (a).
231		-	Sec. 31.083. INSTRUCTIONAL MATERIALS REPOSITORY. (a) In
232		-	this section, "open educational resource" means a teaching,
233		-	learning, or research resource that is in the public domain or has
234		-	been released under an intellectual property license that permits
235		-	the free use and repurposing of the resource by any person. The
236		-	term may include full course curricula, course materials, modules,
237		-	textbooks, streaming videos, tests, software, and any other tools,
238		-	materials, or techniques used to support access to knowledge.
239		-	(b) The commissioner shall include in the web portal
240		-	developed under Section 31.081 a repository of open educational
241		-	resources and other electronic instructional materials that school
242		-	districts and open-enrollment charter schools may access at no
243		-	cost, including state-developed open-source instructional
244		-	materials purchased under Subchapter B-1.
245		-	(c) A publisher may submit instructional materials for
246		-	inclusion in the repository.
247		-	Sec. 31.084. RULES. The commissioner may adopt rules as
248		-	necessary to implement this subchapter.
249		-	SECTION 18. Section 31.101(f), Education Code, is amended
	175	+	SECTION 16. Section 31.101(f), Education Code, is amended
250	176		to read as follows:
251	177		(f) The commissioner shall maintain an online requisition
252	178		system for school districts to requisition instructional materials
253	179		to be purchased with the district's technology and instructional
254	180		materials allotment.
255		-	SECTION 19. Section 31.151(d), Education Code, is amended
	181	+	SECTION 17. Section 31.151(d), Education Code, is amended
256	182		to read as follows:
257	183		(d) A penalty collected under this section shall be
258	184		deposited to the credit of the state technology and instructional
259	185		materials fund.
260		-	SECTION 20. Chapter 32, Education Code, is amended by
261		-	adding Subchapter G to read as follows:
262		-	SUBCHAPTER G. TECHNOLOGY LENDING PROGRAM GRANTS
263		-	Sec. 32.301. ESTABLISHMENT OF PROGRAM. (a) The
264		-	commissioner may establish a grant program under which grants are
265		-	awarded to school districts and open-enrollment charter schools to
266		-	implement a technology lending program to provide students access
267		-	to equipment necessary to access and use electronic instructional
268		-	materials.
269		-	(b) A school district or an open-enrollment charter school
270		-	may apply to the commissioner to participate in the grant program.
271		-	In awarding grants under this subchapter for each school year, the
272		-	commissioner shall consider:
273		-	(1) the availability of existing equipment to students
274		-	in the district or school;
275		-	(2) other funding available to the district or school;
276		-	and
277		-	(3) the district's or school's technology plan.
278		-	(c) The commissioner may determine the terms of a grant
279		-	awarded under this section, including limits on the grant amount
280		-	and approved uses of grant funds.
281		-	(d) The commissioner may recover funds not used in
282		-	accordance with the terms of a grant by withholding amounts from any
283		-	state funds otherwise due to the school district or open-enrollment
284		-	charter school.
285		-	Sec. 32.302. FUNDING. (a) The commissioner may use not
286		-	more than $25 million from the state technology and instructional
287		-	materials fund under Section 31.021 each state fiscal biennium or a
288		-	different amount determined by appropriation to administer a grant
289		-	program established under this subchapter.
290		-	(b) The cost of administering a grant program under this
291		-	subchapter must be paid from funds described by Subsection (a).
292		-	Sec. 32.303. USE OF GRANT FUNDS. (a) A school district or
293		-	open-enrollment charter school may use a grant awarded under
294		-	Section 32.301 or other local funds to purchase, maintain, and
295		-	insure equipment for a technology lending program.
296		-	(b) Equipment purchased by a school district or
297		-	open-enrollment charter school with a grant awarded under Section
298		-	32.301 is the property of the district or school.
299		-	Sec. 32.304. REVIEW OF PROGRAM. Not later than January 1,
300		-	2019, the commissioner shall review the grant program established
301		-	under this subchapter and submit a report to the governor, the
302		-	lieutenant governor, the speaker of the house of representatives,
303		-	and the presiding officers of the standing committees in the senate
304		-	and house primarily responsible for public education. This section
305		-	expires September 1, 2019.
306		-	SECTION 21. Section 41.124(c), Education Code, is amended
	186	+	SECTION 18. Section 41.124(c), Education Code, is amended
307	187		to read as follows:
308	188		(c) A school district that receives tuition for a student
309	189		from a school district with a wealth per student that exceeds the
310	190		equalized wealth level may not claim attendance for that student
311	191		for purposes of Chapters 42 and 46 and the technology and
312	192		instructional materials allotment under Section 31.0211.
313		-	SECTION 22. Section 43.001(d), Education Code, is amended
	193	+	SECTION 19. Section 43.001(d), Education Code, is amended
314	194		to read as follows:
315	195		(d) Each biennium the State Board of Education shall set
316	196		aside an amount equal to 50 percent of the distribution for that
317	197		biennium from the permanent school fund to the available school
318	198		fund as provided by Section 5(a), Article VII, Texas Constitution,
319	199		to be placed, subject to the General Appropriations Act, in the
320	200		state technology and instructional materials fund established
321	201		under Section 31.021.
322		-	SECTION 23. Section 403.093(d), Government Code, is amended
	202	+	SECTION 20. Section 403.093(d), Government Code, is amended
323	203		to read as follows:
324	204		(d) The comptroller shall transfer from the general revenue
325	205		fund to the foundation school fund an amount of money necessary to
326	206		fund the foundation school program as provided by Chapter 42,
327	207		Education Code. The comptroller shall make the transfers in
328	208		installments as necessary to comply with Section 42.259, Education
329	209		Code, and permit the Texas Education Agency, to the extent
330	210		authorized by the General Appropriations Act, to make temporary
331	211		transfers from the foundation school fund for payment of the
332	212		technology and instructional materials allotment under Section
333	213		31.0211, Education Code. Unless an earlier date is necessary for
334	214		purposes of temporary transfers for payment of the technology and
335	215		instructional materials allotment, an installment must be made not
336	216		earlier than two days before the date an installment to school
337	217		districts is required by Section 42.259, Education Code, and must
338	218		not exceed the amount necessary for that payment and any temporary
339	219		transfers for payment of the technology and instructional materials
340	220		allotment.
341		-	SECTION 24. Not later than September 1, 2018, the
342		-	commissioner of education shall develop the web portal required
343		-	under Subchapter B-2, Chapter 31, Education Code, as added by this
344		-	Act.
345		-	SECTION 25. This Act takes effect immediately if it
	221	+	SECTION 21. This Act takes effect immediately if it
346	222		receives a vote of two-thirds of all the members elected to each
347	223		house, as provided by Section 39, Article III, Texas Constitution.
348	224		If this Act does not receive the vote necessary for immediate
349	225		effect, this Act takes effect September 1, 2017.
350		-	______________________________ ______________________________
351		-	President of the Senate Speaker of the House
352		-	I certify that H.B. No. 3526 was passed by the House on May 9,
353		-	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
354		-	voting; that the House refused to concur in Senate amendments to
355		-	H.B. No. 3526 on May 26, 2017, and requested the appointment of a
356		-	conference committee to consider the differences between the two
357		-	houses; and that the House adopted the conference committee report
358		-	on H.B. No. 3526 on May 28, 2017, by the following vote: Yeas 147,
359		-	Nays 0, 2 present, not voting.
360		-	______________________________
361		-	Chief Clerk of the House
362		-	I certify that H.B. No. 3526 was passed by the Senate, with
363		-	amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
364		-	0; at the request of the House, the Senate appointed a conference
365		-	committee to consider the differences between the two houses; and
366		-	that the Senate adopted the conference committee report on H.B. No.
367		-	3526 on May 28, 2017, by the following vote: Yeas 31, Nays 0.
368		-	______________________________
369		-	Secretary of the Senate
370		-	APPROVED: __________________
371		-	Date
372		-	__________________
373		-	Governor
	226	+	* * * * *