By: Buckley, Dutton, Bonnen, H.B. No. 1605
King of Hemphill, Bell of Kaufman,
A BILL TO BE ENTITLED
AN ACT
relating to instructional material and technology, the adoption of
essential knowledge and skills for certain public school foundation
curriculum subjects, and the extension of additional state aid to
school districts for the provision of certain instructional
materials; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.164, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board of trustees of each school district shall
limit redundant requests for information and the number and length
of written reports that a classroom teacher is required to prepare.
A classroom teacher may not be required to prepare any written
information other than:
(1) any report concerning the health, safety, or
welfare of a student;
(2) a report of a student's grade on an assignment or
examination;
(3) a report of a student's academic progress in a
class or course;
(4) a report of a student's grades at the end of each
grade reporting period;
(5) a report on instructional materials;
(6) subject to Subsection (a-1), a unit or weekly
lesson plan that outlines, in a brief and general manner, the
information to be presented during each period at the secondary
level or in each subject or topic at the elementary level;
(7) an attendance report;
(8) any report required for accreditation review;
(9) any information required by a school district that
relates to a complaint, grievance, or actual or potential
litigation and that requires the classroom teacher's involvement;
or
(10) any information specifically required by law,
rule, or regulation.
(a-1) A unit or weekly lesson plan that is included in
instructional material, as defined by Section 31.002, and adopted
by the board of trustees of the school district at which a teacher
is employed is sufficient to satisfy a requirement to prepare
written information described by Subsection (a)(6).
SECTION 2. Section 21.044(a-1), Education Code, is amended
to read as follows:
(a-1) Any training requirements for a certificate specified
under Subsection (a) must require that the person demonstrate:
(1) basic knowledge of:
(A) each disability category under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and how each category can affect student learning and
development; and
(B) conditions that may be considered a
disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794), and how a condition covered by that section can affect
student learning and development;
(2) competence in the use of proactive instructional
planning techniques that:
(A) provide flexibility in the ways:
(i) information is presented;
(ii) students respond or demonstrate
knowledge and skills; and
(iii) students are engaged;
(B) reduce barriers in instruction;
(C) provide appropriate accommodations,
supports, and challenges; and
(D) maintain high achievement expectations for
all students, including students with disabilities and students of
limited English proficiency; [and]
(3) competence in the use of evidence-based inclusive
instructional practices, including:
(A) general and special education collaborative
and co-teaching models and approaches;
(B) multitiered systems of support, including
response to intervention strategies, classroom and school level
data-based collaborative structures, and evidence-based strategies
for intervention and progress monitoring systems in academic areas;
(C) classroom management techniques using
evidence-based behavioral intervention strategies and supports;
and
(D) appropriate adaptation strategies, including
accommodations, modifications, and instruction in the use of
assistive technology for instruction; and
(4) thorough understanding of and competence in the
use of open education resource instructional materials included on
the list of approved instructional materials maintained by the
State Board of Education under Section 31.022 in each subject area
and grade level covered by the person's certificate.
SECTION 3. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4045 to read as follows:
Sec. 21.4045. PLANNING AND NONINSTRUCTIONAL DUTIES OF
TEACHERS. (a) A school district may enter into a supplemental
agreement with a classroom teacher under which the teacher agrees
to perform a duty relating to initial lesson plan design or
instructional material selection that is not a duty generally:
(1) anticipated to be performed during the
instructional day; and
(2) assigned to all classroom teachers of the same
subject and grade level under those teachers' employment contracts.
(b) A school district may permit, but may not require, a
classroom teacher for a foundation curriculum course to spend
planning and preparation time to which the teacher is entitled
under Section 21.404 creating or selecting instructional materials
to initially cover the applicable essential knowledge and skills
for the course unless the teacher has entered into a supplemental
agreement described by Subsection (a).
(c) A supplemental agreement between a school district and a
classroom teacher described by Subsection (a) under which a teacher
is assigned responsibility for a greater number of duties unrelated
to providing instruction than other full-time teachers of the same
grade level in the district must explicitly state each of the
teacher's duties unrelated to providing instruction.
SECTION 4. Subchapter B, Chapter 22, Education Code, is
amended by adding Section 22.05125 to read as follows:
Sec. 22.05125. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
CLASSROOM TEACHERS. (a) In this section, "disciplinary
proceeding" has the meaning assigned by Section 22.0512.
(b) A classroom teacher employed by a school district may
not be subject to disciplinary proceedings for an allegation that
the teacher violated Section 28.0022, the Establishment Clause of
the First Amendment of the United States Constitution, or a related
state or federal law if:
(1) the teacher used only instructional material
included on the list of approved instructional material maintained
by the State Board of Education under Section 31.022 and adopted by
the district; and
(2) the teacher reasonably believed the instruction
delivered by the teacher conformed with the instructional material
used.
(c) The immunity provided by Subsection (b) is in addition
to any other immunity provided by law. This section may not be
construed to interfere with any other immunity provided by law.
SECTION 5. Section 26.006, Education Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (f) to
read as follows:
(b) A school district shall make tests readily available for
review by parents in person and teaching materials [and tests]
readily available for review by parents both in person and, if
applicable, through an instructional materials parent portal
established under Section 31.154. In providing access to
instructional materials to a student's parent under this section,
the district shall:
(1) allow access beginning not later than 30 days
before the school year begins and concluding not earlier than 30
days after the school year ends; and
(2) include, for the entire period specified in
Subdivision (1), access to all instructional materials that pertain
to each subject area in the grade level in which the student is
enrolled, except for:
(A) tests or exams that have not yet been
administered to the student; and
(B) the student's graded assignments.
(b-1) The district may specify reasonable hours for
in-person review.
(f) A school district may not deny a parent access to an
instructional materials parent portal hosted under Section 31.154.
SECTION 6. Chapter 26, Education Code, is amended by adding
Section 26.0061 to read as follows:
Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
REVIEW. (a) The board of trustees of each school district shall
establish a process by which a parent of a student, as indicated on
the student registration form at the student's campus, may request
an instructional material review under Section 31.0252 for a
subject area in the grade level in which the student is enrolled.
(b) A process established under Subsection (a):
(1) may not require more than one parent of a student
to make the request;
(2) must provide for the board of trustees of the
school district to determine if the request will be granted, either
originally or through an appeal process; and
(3) may permit the requesting parent to review the
instructional material directly before the district conducts an
instructional material review under Section 31.0252.
(c) If the parents of at least 25 percent of the students
enrolled at a campus present to the board of trustees of the school
district in which the campus is located a petition for the board to
conduct an instructional material review under Section 31.0252, the
board shall, subject to Subsection (d), conduct the review, unless
the petition is presented by the parents of less than 50 percent of
the students enrolled at the campus and, by a majority vote, the
board denies the request. A review conducted under this subsection
shall include a review of instructional materials for each subject
area or grade level specified in the petition.
(d) The board of trustees of a school district is not
required to conduct a review under this section for a specific
subject area or grade level at a specific district campus more than
once per school year.
(e) Parental access to instructional material provided by
an instructional material review conducted under this section is in
addition to any other right to access instructional material
granted by this title or school district policy.
(f) The State Board of Education may adopt rules to
implement this section.
SECTION 7. Section 28.002, Education Code, is amended by
adding Subsections (c-4) and (c-5) to read as follows:
(c-4) In adopting essential knowledge and skills for
English language arts under Subsection (a)(1)(A), the State Board
of Education shall specify a list of required vocabulary and at
least one literary work to be taught in each grade level. The
vocabulary specified by the board must support the essential
knowledge and skills adopted for other courses offered under the
foundation curriculum under Subsection (a)(1).
(c-5) The State Board of Education shall initiate the
process of specifying an initial list of vocabulary and literary
works as required by Subsection (c-4) not later than February 1,
2024. The State Board of Education shall request from the agency
recommendations regarding the list, and that request for
recommendations may be considered an initiation of the process.
This subsection expires September 1, 2025.
SECTION 8. The heading to Section 28.0027, Education Code,
is amended to read as follows:
Sec. 28.0027. DISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,
AND INSTRUCTIONAL MATERIAL.
SECTION 9. Sections 28.0027(a) and (b), Education Code, are
amended to read as follows:
(a) In adopting a recommended or designated scope and
sequence or instructional materials for a subject in the required
curriculum under Section 28.002(a) in a particular grade level, a
school district shall ensure sufficient time is provided for
teachers to teach and students to learn the essential knowledge and
skills for that subject and grade level.
(b) Except as provided by Subsection (c), a school district
may not penalize a teacher who does not follow the pacing of [a]
recommended or designated instructional materials or the pacing of
the recommended or designated scope and sequence for a subject in
the required curriculum under Section 28.002(a) in a particular
grade level based on the teacher's determination that the teacher's
students need more or less time in a specific area to demonstrate
proficiency in the essential knowledge and skills for that subject
and grade level.
SECTION 10. The heading to Chapter 31, Education Code, is
amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
SECTION 11. Section 31.002, Education Code, is amended by
amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
(1-c), and (3) to read as follows:
(1) "Full subject tier one instructional material"
means instructional material designed to, if implemented as
designed, provide a student with mastery of the essential knowledge
and skills adopted by the board for a certain subject and grade
level in the required curriculum under Section 28.002 or for
prekindergarten without the need for supplementation.
(1-a) "Instructional material" means content that
conveys the essential knowledge and skills of a subject in the
public school curriculum through a medium or a combination of media
for conveying information to a student. The term includes:
(A) material used by a teacher, including a
lesson plan, answer key, grading rubric, or unit plan;
(B) material used by a principal or campus
instructional leader to support instruction; and
(C) material used by a student, including a book,
supplementary materials, a combination of a book, workbook, and
supplementary materials, computer software, magnetic media, DVD,
CD-ROM, computer courseware, on-line services, or an electronic
medium, or other means of conveying information to the student or
otherwise contributing to the learning process through electronic
means, including open education resource instructional material.
(1-b) [(1-a)] "Open education resource instructional
material" means teaching, learning, and research resources that
reside in the public domain or have been released under an
intellectual property license that allows for free use, reuse,
modification, and sharing with others, including full courses,
course materials, modules, textbooks, streaming videos, tests,
software, and any other tools, materials, or techniques used to
support access to knowledge. [The term includes state-developed
open education resource instructional material purchased under
Subchapter B-1.]
(1-c) "Partial subject tier one instructional
material" means instructional material designed to, if implemented
as designed, provide a student with mastery in a portion of the
essential knowledge and skills adopted by the State Board of
Education for a certain subject and grade level in the required
curriculum under Section 28.002 or for prekindergarten without the
need for supplementation in the essential knowledge and skills
covered.
(3) "Supplemental instructional material" means
instructional material designed to assist in the instruction of one
or more of the essential knowledge and skills adopted by the State
Board of Education for a subject in the required curriculum under
Section 28.002 or for prekindergarten.
SECTION 12. Section 31.003, Education Code, is amended to
read as follows:
Sec. 31.003. RULES. (a) The State Board of Education may
adopt rules, consistent with this chapter, for the adoption,
requisition, distribution, care, use, and disposal of
instructional materials.
(b) The commissioner may adopt rules, consistent with this
chapter, as necessary to implement any provision of this chapter.
SECTION 13. Subchapter A, Chapter 31, Education Code, is
amended by adding Section 31.006 to read as follows:
Sec. 31.006. ADVISORY COMMITTEE. The State Board of
Education or the agency may form an advisory committee to comply
with the provisions of this chapter.
SECTION 14. Chapter 31, Education Code, is amended by
adding Subchapter A-1, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND
TECHNOLOGY
SECTION 15. Section 31.005, Education Code, is transferred
to Subchapter A-1, Chapter 31, Education Code, as added by this Act,
and redesignated as Section 31.0205 to read as follows:
Sec. 31.0205 [31.005]. FUNDING FOR OPEN-ENROLLMENT CHARTER
SCHOOLS. An open-enrollment charter school is entitled to the
instructional materials and technology allotment under this
chapter and is subject to this chapter as if the school were a
school district.
SECTION 16. Sections 31.021, 31.0212, 31.0214, and 31.0215,
Education Code, are transferred to Subchapter A-1, Chapter 31,
Education Code, as added by this Act, and amended to read as
follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
FUND. (a) The state instructional materials and technology fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, in accordance with Section
43.001(d); and
(2) all amounts lawfully paid into the fund from any
other source.
(c) Money in the state instructional materials and
technology fund shall be used to:
(1) fund the instructional materials and technology
allotment, as provided by Section 31.0211;
(2) purchase special instructional materials for the
education of blind and visually impaired students in public
schools;
(3) pay the expenses associated with the instructional
materials adoption and review process and Internet website
maintained under this chapter;
(4) pay the expenses associated with the purchase,
[or] licensing, printing, or other reproduction of open education
resource instructional material;
(5) pay the expenses associated with the purchase of
instructional material, including freight and shipping and the
insurance expenses associated with freight and shipping;
(6) fund the technology lending grant program
established under Section 32.301; and
(7) provide funding to the Texas School for the Blind
and Visually Impaired, the Texas School for the Deaf, and the Texas
Juvenile Justice Department[; and
[(8) pay the expenses associated with the
instructional materials web portal developed under Section
31.081].
(d) Money transferred to the state instructional materials
and technology fund remains in the fund until spent and does not
lapse to the state at the end of the fiscal year.
Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ACCOUNT. (a) The commissioner shall maintain an instructional
materials and technology account for each school district. In the
first year of each biennium, the commissioner shall deposit in the
account for each district the amount of the district's
instructional materials and technology allotment under Section
31.0211.
(b) The commissioner shall pay the cost of instructional
materials requisitioned by a school district under Section 31.103
using funds from the district's instructional materials and
technology account.
(c) [A school district may also use funds in the district's
account to purchase electronic instructional materials or
technological equipment. The district shall submit to the
commissioner a request for funds for this purpose from the
district's account. The commissioner shall adopt rules regarding
the documentation a school district must submit to receive funds
under this subsection.
[(d)] Money deposited in a school district's instructional
materials and technology account during each state fiscal biennium
remains in the account and available for use by the district for the
entire biennium. At the end of each biennium, a district with
unused money in the district's account may carry forward any
remaining balance to the next biennium.
(d) A [(e) The commissioner shall adopt rules as necessary
to implement this section. The rules must include a requirement
that a] school district shall provide to the agency the title and
publication information for any instructional materials
requisitioned or purchased by the district with the district's
instructional materials and technology allotment.
(e) The agency shall provide for the development and
maintenance of an online requisition and disbursement system for
each school district's instructional materials and technology
account.
Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
DISTRICTS. [(a)] Each year the commissioner shall adjust the
instructional materials and technology allotment of school
districts experiencing high enrollment growth. The commissioner
shall establish a procedure for determining high enrollment growth
districts eligible to receive an adjustment under this section and
the amount of the instructional materials and technology allotment
those districts will receive.
[(b) The commissioner may adopt rules as necessary to
implement this section.]
Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT PURCHASES. (a) The commissioner shall, as early as
practicable during each biennium, 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.
(b) The commissioner shall [may] allow a school district or
open-enrollment charter school to place an order for instructional
materials before the beginning of a fiscal biennium 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 and technology
account to pay for an order placed under this section.
(c) The commissioner shall make payments for orders placed
under this section as funds become available to the instructional
materials and technology fund and shall prioritize payment of
orders placed under this section over reimbursement of purchases
made directly by a school district or open-enrollment charter
school.
(d) The commissioner shall ensure that publishers of
instructional materials are informed of any potential delay in
payment and that payment is subject to the availability of
appropriated funds. A publisher may decline to accept an order
placed under this section.
(e) Chapter 2251, Government Code, does not apply to
purchases of instructional materials under this section.
[(f) The commissioner may adopt rules to implement this
section.]
SECTION 17. Section 31.0211, Education Code, as amended by
Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th
Legislature, Regular Session, 2021, is transferred to Subchapter
A-1, Chapter 31, Education Code, as added by this Act, reenacted,
and amended to read as follows:
Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT. (a) A school district is entitled to an allotment each
biennium from the state instructional materials and technology fund
for each student enrolled in the district on a date during the last
year of the preceding biennium specified by the commissioner. The
commissioner shall determine the amount of the allotment per
student each biennium on the basis of the amount of money available
in the state instructional materials and technology fund to fund
the allotment. An allotment under this section shall be
transferred from the state instructional materials and technology
fund to the credit of the district's instructional materials and
technology account as provided by Section 31.0212.
(b) A juvenile justice alternative education program under
Section 37.011 is entitled to an allotment from the state
instructional materials and technology fund in an amount determined
by the commissioner. The program shall use the allotment to
purchase items listed in Subsection (c) for students enrolled in
the program. The commissioner's determination under this
subsection is final and may not be appealed.
(c) Funds allotted under this section may be used to:
(1) purchase:
(A) [materials on the list adopted by the
commissioner, as provided by Section 31.0231;
[(B)] instructional materials, regardless of
whether the instructional materials are on the list of approved
instructional materials maintained by the State Board of Education
under Section 31.022 [adopted under Section 31.024];
(B) [(C)] consumable instructional materials,
including workbooks;
(C) [(D)] instructional materials for use in
bilingual education classes, as provided by Section 31.029;
(D) [(E)] instructional materials for use in
college preparatory courses under Section 28.014, as provided by
Section 31.031;
(E) [(F)] supplemental instructional materials
[, as provided by Section 31.035];
(F) [(G) state-developed] open education
resource instructional materials, as provided by Subchapter B-1;
(G) [(H)] instructional materials and
technological equipment under any continuing contracts of the
district in effect on September 1, 2011;
(H) [(I)] technological equipment necessary to
support the use of [materials included on the list adopted by the
commissioner under Section 31.0231 or] any instructional materials
purchased with an allotment under this section;
(I) [(J)] inventory software or systems for
storing, managing, and accessing instructional materials and
analyzing the usage and effectiveness of the instructional
materials; and
(J) [(K)] services, equipment, and technology
infrastructure necessary to ensure Internet connectivity and
adequate bandwidth; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use;
(B) for training personnel in the electronic
administration of assessment instruments; [and]
(C) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning; and
(D) [(C)] for costs associated with distance
learning, including Wi-Fi, Internet access hotspots, wireless
network service, broadband service, and other services and
technological equipment necessary to facilitate Internet access.
(d) [Each biennium the commissioner shall assess the
technology needs for all school districts and provide an estimate
of the cost for these resources to the State Board of Education.
[(d-1)] In purchasing technological equipment, a school
district shall:
(1) secure technological solutions that meet the
varying and unique needs of students and teachers in the district;
and
(2) consider:
(A) the long-term cost of ownership; and
(B) flexibility for innovation.
(e) Not later than May 31 of each school year, a school
district may request that the commissioner adjust the number of
students for which the district is entitled to receive an allotment
under Subsection (a) on the grounds that the number of students
attending school in the district will increase or decrease during
the school year for which the allotment is provided. The
commissioner may also adjust the number of students for which a
district is entitled to receive an allotment, without a request by
the district, if the commissioner determines a different number of
students is a more accurate reflection of students who will be
attending school in the district. The commissioner's determination
under this subsection is final.
(f) Funds allotted under this section may not be used to
purchase instructional material that contains obscene or harmful
content or would otherwise cause the school district to which the
funds were allotted to be unable to submit the certification
required under Section 31.1011(a)(1)(B) [The commissioner may
adopt rules as necessary to implement this section].
SECTION 18. The heading to Subchapter B, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION [, AND
PURCHASE]
SECTION 19. The heading to Section 31.022, Education Code,
is amended to read as follows:
Sec. 31.022. STATE BOARD OF EDUCATION INSTRUCTIONAL
MATERIALS REVIEW AND APPROVAL [ADOPTION].
SECTION 20. Section 31.022, Education Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(c-1) to read as follows:
(a) The State Board of Education shall [adopt a] review [and
adoption cycle for] instructional materials provided to the board
by the agency under Section 31.023. Before approving instructional
material, the board must determine that the material is free from
factual error and suitable for the subject and grade level for which
the material is designed. The board shall add each material
approved under this section to a list of approved instructional
materials and may add a material not approved under this section to
a list of rejected instructional materials [for elementary grade
levels, including prekindergarten, and secondary grade levels, for
each subject in the required curriculum under Section 28.002. In
adopting the cycle, the board:
[(1) is not required to review and adopt instructional
materials for all grade levels in a single year; and
[(2) shall give priority to instructional materials in
the following subjects:
[(A) foundation curriculum subjects for which
the essential knowledge and skills have been substantially revised
and for which assessment instruments are required under Subchapter
B, Chapter 39, including career and technology courses that satisfy
foundation curriculum requirements as provided by Section
28.002(n);
[(B) foundation curriculum subjects for which
the essential knowledge and skills have been substantially revised,
including career and technology courses that satisfy foundation
curriculum requirements as provided by Section 28.002(n);
[(C) foundation curriculum subjects not
described by Paragraph (A) or (B), including career and technology
courses that satisfy foundation curriculum requirements as
provided by Section 28.002(n); and
[(D) enrichment curriculum subjects].
(b) [The board shall organize the cycle for subjects in the
foundation curriculum so that not more than one-fourth of the
instructional materials for subjects in the foundation curriculum
are reviewed each biennium.] The State Board of Education may adopt
criteria necessary for approval of instructional material under
Subsection (a) and may require:
(1) all instructional material submitted as full
subject tier one instructional material to cover a minimum
percentage, as determined by the board, of the essential knowledge
and skills adopted for the subject and grade level for which the
material is designed;
(2) electronic samples of the material;
(3) certain physical specifications; and
(4) the instructional material to not contain obscene
or harmful content and otherwise be compatible with certification
requirements under Section 31.1011(a)(1)(B) [board shall adopt
rules to provide for a full and complete investigation of
instructional materials for each subject in the foundation
curriculum every eight years. The adoption of instructional
materials for a subject in the foundation curriculum may be
extended beyond the eight-year period only if the content of
instructional materials for a subject is sufficiently current].
(c) The State Board of Education may remove instructional
material from the list of approved instructional materials under
this section if the essential knowledge and skills intended to be
covered by the material are revised or the material is revised
without the approval of the board [board shall adopt rules to
provide for a full and complete investigation of instructional
materials for each subject in the enrichment curriculum on a cycle
the board considers appropriate].
(c-1) If the State Board of Education intends to remove an
instructional material from the list of approved instructional
materials under Subsection (c) because the board plans to revise
the essential knowledge and skills intended to be covered by the
material, the board shall issue a proclamation requesting the
revision of the applicable instructional materials and shall, not
later than December 1 of the year preceding the school year for
which the revision will take effect, provide to each school
district the updated list of approved instructional materials for
the relevant subject or grade level.
(d) The State Board of Education shall indicate whether each
instructional material reviewed under Subsection (a) is capable of
being made available through an instructional materials parent
portal established under Section 31.154 [At least 12 months before
the beginning of the school year for which instructional materials
for a particular subject and grade level will be adopted under the
review and adoption cycle, the board shall publish notice of the
review and adoption cycle for those instructional materials. A
request for production must allow submission of open education
resource instructional materials that are available for use by the
state without charge on the same basis as instructional materials
offered for sale].
SECTION 21. Section 31.023, Education Code, is amended to
read as follows:
Sec. 31.023. INSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)
The commissioner shall establish, in consultation with and with the
approval of the State Board of Education, a process for the annual
review of instructional materials by the agency. The process
established under this subsection must:
(1) establish a process for the agency to select
instructional materials for review that includes:
(A) evaluating requests for review of
instructional materials submitted to the agency by:
(i) a school district;
(ii) a majority of the members of the State
Board of Education; or
(iii) a publisher of instructional
material, which may only be submitted for material published by the
requesting publisher;
(B) reviewing instructional materials
requisitioned or purchased under Section 31.0212; and
(C) reviewing instructional materials using a
time frame appropriate for the proclamation requesting the revision
of the instructional materials under Section 31.022(c-1) to address
revisions made by the State Board of Education to the essential
knowledge and skills for a particular subject or grade level;
(2) describe the types of instructional materials the
agency may review, including:
(A) partial subject tier one instructional
material, including those designed for use in the phonics
curriculum required under Section 28.0062(a)(1);
(B) open education resource instructional
material;
(C) instructional materials developed by a
school district and submitted to the agency by the district for
review; and
(D) commercially available full subject tier one
instructional material;
(3) establish procedures for the agency to conduct
reviews of instructional materials, including:
(A) the use of a rubric approved under Subsection
(b); and
(B) consultation with classroom teachers and
other curriculum experts for the appropriate subject and grade
level; and
(4) ensure the procedures for review allow the agency
to review at least 200 individual instructional materials each year
[For each subject and grade level, the State Board of Education
shall adopt a list of instructional materials. The list includes
each instructional material submitted for the subject and grade
level that meets applicable physical specifications adopted by the
State Board of Education and contains material covering at least
half of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the instructional
material, as well as in the teacher version of the instructional
material, as determined by the State Board of Education under
Section 28.002 and adopted under Section 31.024].
[(a-1) The State Board of Education shall determine the
percentage of the elements of the essential knowledge and skills of
the subject and grade level covered by each instructional material
submitted. The board's determination under this subsection is
final.]
(b) In conducting a review under this section, the agency
must use a rubric developed by the agency in consultation with and
approved by the State Board of Education that includes, with
respect to the instructional material being reviewed, a
determination of:
(1) whether the material is free from factual error
and satisfies the criteria adopted by the board under Section
31.022;
(2) the quality of the material;
(3) the essential knowledge and skills for the subject
and grade level for which the material was developed that are
covered by the material, including identification of:
(A) each essential knowledge and skill covered by
the material;
(B) for a full subject tier one instructional
material, the percentage of the essential knowledge and skills
adopted for the subject and grade level covered by the material; and
(C) for a partial subject tier one instructional
material, the percentage of the essential knowledge and skills for
the relevant portion of the subject and grade level covered by the
material; and
(4) whether the material contains obscene or harmful
content or is otherwise incompatible with certification
requirements under Section 31.1011(a)(1)(B) [Each instructional
material on the list must be:
[(1) free from factual errors;
[(2) suitable for the subject and grade level for
which the instructional material was submitted; and
[(3) reviewed by academic experts in the subject and
grade level for which the instructional material was submitted].
(c) After completing a review under this section, the agency
shall provide the results of the review and any related
recommendations to the State Board of Education for approval or
rejection of the instructional material and the inclusion of the
instructional material on a list maintained by the State Board of
Education under Section 31.022.
(d) The agency shall use funds appropriated to the agency
for the purposes of reviewing instructional material or available
in the state instructional materials and technology fund for
purposes of implementing this section.
(e) A process established under Subsection (a) or a rubric
developed under Subsection (b) is automatically approved by the
State Board of Education if not rejected by the board before the
91st day after the date the agency submits the item to the board.
SECTION 22. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.025, 31.0251, and 31.0252 to read as
follows:
Sec. 31.025. INSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)
The agency shall develop and maintain an instructional material
Internet website to assist school districts in locating and
selecting instructional material.
(b) For each instructional material included, the Internet
website developed and maintained under this section shall provide:
(1) the price of the material;
(2) the technological requirements needed to use the
material;
(3) the results of an agency review of the material
conducted under Section 31.023;
(4) a statement of whether the material is included on
the list of approved instructional materials maintained by the
State Board of Education under Section 31.022 or has been rejected
by the board; and
(5) any other information the agency determines
relevant to a school district's selection of instructional
material.
(c) The Internet website developed and maintained under
this section must include the repository of open education resource
instructional material required by Section 31.0722.
(d) The agency shall use funds appropriated to the agency
for the purposes of reviewing instructional material or available
in the state instructional materials and technology fund for
purposes of implementing this section.
Sec. 31.0251. INSTRUCTIONAL MATERIAL SUPPORT. (a) On
request of a school district, the agency shall provide the district
assistance in evaluating, adopting, or using instructional
materials.
(b) Except as otherwise provided, the agency may not require
a school district to adopt or otherwise use instructional material
reviewed by the agency under Section 31.023 or included on the list
of approved instructional materials maintained by the State Board
of Education under Section 31.022.
Sec. 31.0252. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
MATERIAL. (a) The agency shall develop standards in consultation
with stakeholders, including educators, by which a school district
may conduct a review of instructional materials used by a classroom
teacher in a foundation curriculum course under Section
28.002(a)(1) to determine the degree to which the material:
(1) corresponds with the instructional materials
adopted by the school district or district campus; and
(2) meets the level of rigor of the essential
knowledge and skills adopted under Section 28.002 for the grade
level in which it is being used.
(b) The agency shall develop a rubric, approved by the State
Board of Education, to determine if reviewed instructional material
complies with the rigor requirements described by Subsection
(a)(2).
(c) The agency, in developing standards under Subsection
(a):
(1) shall minimize, to the extent possible, the time a
classroom teacher is required to spend complying with a review
conducted under this section;
(2) may not, unless unavoidable, require a teacher to
spend more than 30 minutes on a single review conducted under this
section; and
(3) may not authorize the review of instructional
materials used by a classroom teacher for a specific subject or
grade level at a specific school district campus more than once per
school year.
(d) The agency shall permit a regional education service
center or a curriculum review service provider approved by the
agency to conduct the review for a school district under this
section and provide to approved centers and providers training
relating to appropriately conducting the review.
(e) The agency shall award grants to assist school districts
in conducting reviews under this section.
SECTION 23. Sections 31.026(a) and (b), Education Code, are
amended to read as follows:
(a) The State Board of Education may [shall] execute a
contract for the purchase or licensing of each adopted
instructional material.
(b) A contract must require the publisher to provide the
number of instructional materials required by school districts in
this state for the term of the contract[, which must coincide with
the board's adoption cycle].
SECTION 24. The heading to Subchapter B-1, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE
INSTRUCTIONAL MATERIALS
SECTION 25. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0701 to read as follows:
Sec. 31.0701. REFERENCES TO STATE-DEVELOPED OPEN EDUCATION
RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a
state-developed open education resource instructional material
means an open education resource instructional material, as defined
by Section 31.002.
SECTION 26. Section 31.071, Education Code, is amended to
read as follows:
Sec. 31.071. AVAILABILITY OF OPEN EDUCATION RESOURCE
INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner
shall ensure that [may purchase state-developed] open education
resource instructional materials are available for use by school
districts in accordance with this subchapter.
(b) To ensure the availability of open education resource
instructional materials under Subsection (a), the [The]
commissioner may:
(1) purchase a license authorizing the use of [shall
purchase any state-developed] open education resource
instructional materials in a manner that complies with all
applicable state laws and rules relating to procurement by a state
agency [through a competitive process];
(2) purchase or otherwise acquire ownership of open
education resource instructional materials;
(3) develop open education resource instructional
materials;
(4) adopt open education resource instructional
materials; or
(5) use any combination of the methods described by
Subdivisions (1), (2), (3), and (4) to acquire open education
resource instructional materials.
(b-1) The commissioner [and
[(2)] may make available [purchase] more than one
[state-developed] open education resource instructional material
for a subject or grade level.
(b-2) The commissioner shall:
(1) to the extent practicable, ensure full subject
tier one instructional materials are available as open education
resource instructional material for:
(A) English language arts and mathematics
courses in kindergarten through grade eight;
(B) prekindergarten, in subject areas related to
English language arts and mathematics; and
(C) all foundation curriculum courses in
kindergarten through grade five in a manner that permits the
instruction of the content to be provided:
(i) in an integrated manner; and
(ii) for approximately 240 minutes of
instructional time per day, including time needed each day for
accelerated instruction under Section 28.0211; and
(2) ensure open education resource instructional
materials are available to all students, parents, classroom
teachers, and school districts in this state free of charge, except
for a fee for the printing or shipping of the material.
(c) Except as provided by Section 31.0711, an [a
state-developed] open education resource instructional material
must be licensed to this state under an intellectual property
license that allows for free use, reuse, modification, or sharing
with others as described by Section 31.07101 [irrevocably owned by
the state. The state must have unlimited authority to modify,
delete, combine, or add content to the instructional material after
purchase].
(d) [The commissioner may issue a request for proposals for
state-developed open education resource instructional material:
[(1) in accordance with the instructional material
review and adoption cycle under Section 31.022; or
[(2) at any other time the commissioner determines
that a need exists for additional instructional material options.
[(e)] The costs of administering this subchapter and
ensuring the availability of [purchasing state-developed] open
education resource instructional materials shall be paid from funds
appropriated for the purpose and the state instructional materials
and technology fund, as determined by the commissioner.
SECTION 27. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.07101 to read as follows:
Sec. 31.07101. FREE USE, REUSE, MODIFICATION, OR SHARING
LICENSE. (a) Instructional material is licensed to this state
under an intellectual property license that allows for free use,
reuse, modification, or sharing with others if the license:
(1) is irrevocable and perpetual;
(2) permits the state to sublicense the material;
(3) authorizes the use of the material by any person in
any location permitted by the terms of the original license, if
applicable;
(4) authorizes access, use, transmission, adaptation,
public display, public performance, public distribution, and
copying of the material; and
(5) authorizes the creation of derivative works as
permitted by the terms of the original license, if applicable.
(b) Instructional material licensed to this state under an
intellectual property license that is restricted to noncommercial
or educational use qualifies under this subchapter as instructional
material licensed to this state under a license that allows for free
use, reuse, modification, or sharing with others.
SECTION 28. Section 31.0711, Education Code, is amended to
read as follows:
Sec. 31.0711. CONTENT NOT OWNED BY STATE. Open education
resource instructional [Instructional] material made available
[purchased] under this subchapter may include content not owned by
the state and for which preexisting rights may exist if the content:
(1) is in the public domain;
(2) may be used under a limitation or exception to
copyright law, including a limitation under Section 107, Copyright
Act of 1976 (17 U.S.C. Section 107); [or]
(3) has been made available by the copyright owner
under a Creative Commons license or another intellectual property
license that allows for free use, reuse, modification, or sharing
as described by Section 31.07101; or
(4) is licensed to the state under another [a] license
that:
(A) grants access to and allows for use of the
material by students, teachers, educators, and other education
professionals [the state unlimited authority to modify, delete,
combine, or add content];
(B) permits access, use, public display, public
performance, public distribution, and copying of the material for
noncommercial or educational purposes [the free use and repurposing
of the material by any person or entity]; and
(C) is for a term of use acceptable to the
commissioner to ensure a useful life of the material.
SECTION 29. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0712 to read as follows:
Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The
agency shall establish an open education resource advisory board to
ensure that open education resource instructional materials made
available under this subchapter are:
(1) of the highest quality;
(2) aligned with the essential knowledge and skills
adopted by the State Board of Education under Section 28.002 for the
applicable subject and grade level;
(3) suitable for the age of students at the grade level
for which the materials are developed;
(4) free from bias and factual error; and
(5) in compliance with Section 28.0022.
SECTION 30. Section 31.072, Education Code, is amended to
read as follows:
Sec. 31.072. CONTENT REQUIREMENTS. (a) Before being made
available under this subchapter, [State-developed] open education
resource instructional material must[:
[(1)] be evaluated by:
(1) teachers or other experts, as determined by the
commissioner[, before purchase]; and
(2) parents of students in this state [meet the
requirements for inclusion on the instructional material list
adopted under Section 31.023].
(b) Based on feedback received by the agency from teachers,
parents, and other experts regarding open education resource
instructional materials made available under this subchapter, the
[Following a curriculum revision by the State Board of Education,
the commissioner shall require the revision of state-developed open
education resource instructional material relating to that
curriculum. The] commissioner may, at any time, require an
additional revision of the [state-developed open education
resource instructional] material [or contract for ongoing
revisions of state-developed open education resource instructional
material for a period not to exceed the period under Section 31.022
for which instructional material for that subject and grade level
may be adopted. The commissioner shall use a competitive process to
request proposals to revise state-developed open education
resource instructional material under this subsection].
SECTION 31. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0721 to read as follows:
Sec. 31.0721. REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE
INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),
open education resource instructional material may not be made
available under this subchapter to students, teachers, educators,
or other education professionals before being reviewed by the
agency under Section 31.023 and included on the list of approved
instructional materials maintained by the State Board of Education
under Section 31.022.
(b) The agency may make open education resource
instructional material available to a limited number of classroom
teachers for a limited time before the material is reviewed by the
agency under Section 31.023 and included on the list of approved
instructional materials maintained by the State Board of Education
under Section 31.022 to assist in developing or testing the quality
of the material. A school district may only use unreviewed material
made available under this subsection in a grade level in which the
material has not been used previously if:
(1) the board of trustees of the district approves the
use of the unreviewed material; and
(2) the district provides evidence to the agency
showing that classroom teachers support the use of the material.
SECTION 32. Section 31.083, Education Code, is transferred
to Subchapter B-1, Chapter 31, Education Code, redesignated as
Section 31.0722, Education Code, and amended to read as follows:
Sec. 31.0722 [31.083]. OPEN EDUCATION RESOURCE
INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall
include in the Internet website [web portal] developed under
Section 31.025 [31.081] a repository of open education resource
instructional materials, including open education resource
instructional materials made available under Section 31.0721(b),
and other electronic instructional materials that school districts
and open-enrollment charter schools may access at no cost.
(b) The repository under Subsection (a) must:
(1) comply with the requirements of Section 31.154;
and
(2) allow a person to provide comments on open
education resource instructional material contained in the
repository to assist the agency in improving and updating the
material.
(c) The agency shall ensure that a person may order a print
copy of any open education resource instructional material included
in the repository that is reducible to print [A publisher may submit
instructional materials for inclusion in the repository].
SECTION 33. Sections 31.073 and 31.074, Education Code, are
amended to read as follows:
Sec. 31.073. SELECTION BY SCHOOL DISTRICT. (a) Except as
otherwise provided by this code, the commissioner may not require a
school district or open-enrollment charter school to adopt or use
an open education resource instructional material.
(c) A [Notwithstanding Section 31.022, a] school district
or open-enrollment charter school may adopt [state-developed] open
education resource instructional material at any time [, regardless
of the instructional material review and adoption cycle under that
section].
(d) A school district or open-enrollment charter school may
not be charged for a cost associated with the selection of an
[state-developed] open education resource instructional material,
except for the cost of printing copies of the material [in addition
to instructional material adopted under Subchapter B].
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
provide for the distribution of [state-developed] open education
resource instructional materials in a manner consistent with
distribution of instructional materials approved [adopted] under
Subchapter B.
(b) The commissioner may use a competitive process to
contract for printing, [or] other reproduction, or storage of
[state-developed] open education resource instructional material
on behalf of a school district or open-enrollment charter school.
The commissioner may not require a school district or
open-enrollment charter school to contract with a state-approved
provider for the printing, [or] reproduction, or storage of
[state-developed] open education resource instructional material.
(c) The agency is not required to comply with Subchapters C
and D, Chapter 2052, Government Code, with regard to the printing or
reproduction of an open education resource instructional material
made available under this subchapter.
SECTION 34. The heading to Section 31.075, Education Code,
is amended to read as follows:
Sec. 31.075. STATE OWNERSHIP; LICENSING.
SECTION 35. Sections 31.075(a), (b), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) Except as otherwise provided by this subchapter,
[State-developed] open education resource instructional material
is the property of the state.
(b) To encourage the use of instructional material
purchased by the state under this subchapter by school districts
and open-enrollment charter schools, the commissioner may [shall]
provide a license for the instructional material that [allows for
the free use, reuse, modification, or sharing of the material by any
person or entity.
[(c) The terms of a license provided by the commissioner
under this section]:
(1) requires [shall require] that a user who
reproduces the instructional material in any manner:
(A) except as provided by Subdivision (2)(A),
must keep all copyright notices for the material intact;
(B) except as provided by Subdivision (2)(A),
must attribute the authorship of the material to the agency or
another person specified by the commissioner;
(C) must indicate if the user has modified the
material;
(D) may not assert or imply any connection with
or sponsorship or endorsement by the agency or this state, unless
authorized by the commissioner; and
(E) to the extent reasonably practicable, must
provide in any product or derivative material a uniform resource
identifier or hyperlink through which a person may obtain the
material free of charge;
(2) provides [must provide] that:
(A) the commissioner may request that a user
remove a copyright notice or attribution from the material and that
a user must comply with the request to the extent reasonably
practicable; and
(B) the rights granted under the license to a
user are automatically terminated if the user fails to comply with
the terms of the license; and
(3) includes [may include] any additional terms
determined by the commissioner.
(d) The commissioner may exempt a license under this section
from including one or more of the requirements under Subsection
(b)(1) [(c)(1)].
(e) The commissioner shall determine what is considered
reasonably practicable for purposes of Subsections (b)(1)(E)
[(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].
SECTION 36. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as
follows:
Sec. 31.0751. OPEN EDUCATION RESOURCE INSTRUCTIONAL
MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection
(c), to qualify for additional state aid under Section 48.308 the
board of trustees of a school district must adopt an open education
resource instructional material transition plan to assist
classroom teachers in the district who will be using an open
education resource instructional material in a specific subject or
grade level for which the teacher has not previously used an open
education resource instructional material.
(b) A plan adopted under this section must ensure that open
education resource instructional materials are used in a manner
that maintains the instructional flexibility of a classroom teacher
to address the needs of each student.
(c) A school district that participates in the program
developed and maintained by the agency under Section 31.0752 is not
required to adopt a transition plan under this section.
Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL
MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a
program to assist school districts and open-enrollment charter
schools in adopting and using open education resource instructional
material made available under this subchapter, including by
assisting districts and schools to:
(1) maintain the instructional flexibility of
classroom teachers to address the needs of each student; and
(2) schedule instructional periods in a manner that
allows classroom teachers sufficient time to effectively prepare
and present instructional material within the teacher's normal work
day.
Sec. 31.0753. TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.
The agency shall develop and maintain a program to assist educator
preparation programs in implementing Section 21.044(a-1)(4).
SECTION 37. Section 31.076(b), Education Code, is amended
to read as follows:
(b) A decision made by the commissioner under this
subchapter [regarding the purchase, revision, cost, licensing, or
distribution of state-developed open education resource
instructional material] is final and may not be appealed.
SECTION 38. Section 31.004, Education Code, is transferred
to Subchapter C, Chapter 31, Education Code, redesignated as
Section 31.1011, Education Code, and amended to read as follows:
Sec. 31.1011 [31.004]. CERTIFICATION OF PROVISION OF
INSTRUCTIONAL MATERIALS. (a) Each school district and
open-enrollment charter school shall annually certify to the State
Board of Education and the commissioner that:
(1) [,] for each subject in the required curriculum
under Section 28.002, other than physical education, and each grade
level, the district or school:
(A) provides each student with instructional
materials that cover all elements of the essential knowledge and
skills adopted by the State Board of Education for that subject and
grade level; and
(B) in the provision of instructional materials,
protects students from obscene or harmful content as necessary for
compliance with:
(i) the Children's Internet Protection Act
(Pub. L. No. 106-554);
(ii) Section 28.0022;
(iii) Section 43.22, Penal Code; and
(iv) any other law or regulation that
protects students from obscene or harmful content; and
(2) the district or school used money allocated to the
district or school under the instructional materials and technology
allotment only for purposes allowed under Section 31.0211.
(b) To determine whether each student has instructional
materials that cover all elements of the essential knowledge and
skills as required by Subsection (a), a school district or
open-enrollment charter school may consider:
(1) instructional materials adopted by the State Board
of Education;
(2) [materials adopted or purchased by the
commissioner under Section 31.0231 or Subchapter B-1;
[(3) open education resource instructional materials
submitted by eligible institutions and adopted by the State Board
of Education under Section 31.0241;
[(4) open education resource instructional materials
made available by other public schools;
[(5)] instructional materials developed, [or]
purchased, or otherwise acquired by the school district or
open-enrollment charter school; and
(3) [(6)] open education resource instructional
materials and other electronic instructional materials included in
the repository under Section 31.0722 [31.083].
SECTION 39. Subchapter C, Chapter 31, Education Code, is
amended by adding Section 31.1012 to read as follows:
Sec. 31.1012. REPORT TO AGENCY. Each school district shall
annually report to the agency information regarding the
instructional materials used by the district during the previous
school year, including the cost of each material, to assist the
agency in ensuring compliance with Section 31.151(a).
SECTION 40. The heading to Section 31.102, Education Code,
is amended to read as follows:
Sec. 31.102. TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.
SECTION 41. Section 31.102, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) A school district is not required to use a method
provided by Section 44.031(a) to purchase instructional materials
that have been reviewed by the agency under Section 31.023 and
included on the list of approved instructional materials maintained
by the State Board of Education under Section 31.022.
SECTION 42. Section 31.103(c), Education Code, is amended
to read as follows:
(c) In making a requisition under this section, a school
district or open-enrollment charter school may requisition
instructional materials [on the list adopted under Section 31.023]
for grades above the grade level in which a student is enrolled.
SECTION 43. Section 31.151, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A publisher or manufacturer of instructional materials:
(1) shall furnish any instructional material the
publisher or manufacturer offers in this state at a price that does
not exceed the lowest price at which the publisher offers that
instructional material for adoption or sale to any state, public
school, or school district in the United States;
(2) shall automatically reduce the price of
instructional material sold for use in a school district or
open-enrollment charter school to the extent that the price is
reduced elsewhere in the United States;
(3) shall provide any instructional material or
ancillary item free of charge in this state to the same extent that
the publisher or manufacturer provides the instructional material
or ancillary item free of charge to any state, public school, or
school district in the United States;
(4) shall guarantee that each copy of instructional
material sold in this state is at least equal in quality to copies
of that instructional material sold elsewhere in the United States
and is free from factual error;
(5) may not become associated or connected with,
directly or indirectly, any combination in restraint of trade in
instructional materials or enter into any understanding or
combination to control prices or restrict competition in the sale
of instructional materials for use in this state;
(6) shall deliver instructional materials to a
school district or open-enrollment charter school;
(7) shall, at the time an order for instructional
materials is acknowledged, provide to school districts or
open-enrollment charter schools an accurate shipping date for
instructional materials that are back-ordered;
(8) shall guarantee delivery of instructional
materials at least 10 business days before the opening day of school
of the year for which the instructional materials are ordered if the
instructional materials are ordered by a date specified in the
sales contract; [and]
(9) shall submit to the State Board of Education an
affidavit certifying any instructional material the publisher or
manufacturer offers in this state to be free of factual errors at
the time the publisher executes the contract required by Section
31.026; and
(10) shall comply with all other standard terms and
conditions adopted by the State Board of Education for use in
contracts for the procurement of instructional materials under
Subsection (a-1).
(a-1) The State Board of Education shall adopt standard
terms and conditions for use in contracts for the procurement of
instructional materials from publishers and manufacturers under
this section.
SECTION 44. Subchapter D, Chapter 31, Education Code, is
amended by adding Section 31.154 to read as follows:
Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
The State Board of Education shall adopt standards for entities
that supply instructional materials reviewed by the agency under
Section 31.023 to make instructional materials supplied by the
entity available on a parent portal hosted by the entity.
(b) An instructional materials parent portal must:
(1) provide to each parent of a student enrolled in a
school district or open-enrollment charter school access to
instructional materials, other than tests or exams, that are
included in the portal and used by the district or school;
(2) organize instructional material by unit and in the
order in which the material is designed to be used;
(3) be capable of being searched by key word; and
(4) for instructional material not available in a
digital format, contain sufficient information to allow a parent to
locate a physical copy of the material.
(c) Standards adopted under Subsection (a) may not require:
(1) a classroom teacher to submit instructional
materials developed by the teacher for inclusion in an
instructional materials parent portal; or
(2) an entity hosting an instructional materials
parent portal to include tests or exams in the portal.
(d) To comply with an intellectual property license or other
restrictions placed on an instructional material and to maintain
security of the information contained in an instructional materials
parent portal under this section, a parent may be required, before
accessing the portal, to:
(1) enter a password;
(2) comply with other user access verification
procedures; and
(3) accept user terms and conditions, which may not
limit or exclude access to instructional material based on the uses
of the material that would otherwise be permitted under fair use
provisions of copyright law.
(e) An entity that hosts an instructional materials parent
portal must comply with requests regarding parental access to the
portal made by a school district in compliance with this section or
Section 26.006.
SECTION 45. Section 33.004(b), Education Code, is amended
to read as follows:
(b) Each school, before implementing a comprehensive school
counseling program under Section 33.005, shall annually conduct a
preview of the program for parents and guardians. All materials,
including curriculum to be used during the year that is not
available digitally through an instructional materials parent
portal under Section 31.154, must be available for a parent or
guardian to preview during school hours. Materials or curriculum
not included in the materials on an instructional materials parent
portal or available on the campus for preview may not be used.
SECTION 46. Section 48.277(b), Education Code, is amended
to read as follows:
(b) For purposes of calculating maintenance and operations
revenue under Subsection (a), the commissioner shall:
(1) for purposes of Subsections (a)(1) and (2), use
the following applicable school year:
(A) in a school year ending in an even-numbered
year, the 2019-2020 school year; and
(B) in a school year ending in an odd-numbered
year, the 2019-2020 or 2020-2021 school year, whichever is greater;
(2) include all state and local funding, except for
any funding resulting from:
(A) reimbursement for disaster remediation costs
under former Sections 41.0931 and 42.2524;
(B) an adjustment for rapid decline in taxable
value of property under former Section 42.2521; [and]
(C) an adjustment for property value affected by
a state of disaster under former Section 42.2523; and
(D) additional state aid under Section 48.307 or
48.308;
(3) adjust the calculation to reflect a reduction in
tax effort by a school district; and
(4) if a school district or open-enrollment charter
school receives a waiver relating to eligibility requirements for
the national free or reduced-price lunch program under 42 U.S.C.
Section 1751 et seq., use the numbers of educationally
disadvantaged students on which the district's or school's
entitlement to compensatory education funds was based for the
school year before the school year in which the district or school
received the waiver, adjusted for estimated enrollment growth.
SECTION 47. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.307 and 48.308 to read as follows:
Sec. 48.307. ADDITIONAL STATE AID FOR STATE-APPROVED
INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the
district, a school district is entitled to additional state aid for
each school year in an amount equal to $40, or a greater amount
provided by appropriation, to procure instructional material that
has been:
(1) reviewed by the agency under Section 31.023;
(2) placed on the list of approved instructional
materials maintained by the State Board of Education under Section
31.022;
(3) designated by the State Board of Education under
Section 31.022 as being included or capable of being included in an
instructional materials parent portal under Section 31.154; and
(4) acquired from a publisher, manufacturer, or other
entity that has not been found to violate Section 31.151.
(b) A school district is entitled to the amount of state aid
provided by Subsection (a) each school year, regardless of whether
the district uses the amount during the school year for which the
amount was provided.
(c) Additional state aid provided under this section shall
be deposited to the credit of the district's instructional
materials and technology account maintained by the commissioner
under Section 31.0212 and may be accessed only for the procurement
of instructional materials in accordance with this section.
(d) Funds provided to a school district under this section
must be spent in compliance with the requirements for the use of
funds provided under this section and Section 31.0211.
Sec. 48.308. ADDITIONAL STATE AID FOR OPEN EDUCATION
RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751,
a school district is entitled to additional state aid for each
school year in an amount not to exceed $20 for each student for the
costs incurred or for which the district is obligated to pay during
the school year in which the aid is provided for the printing and
shipping of open education resource instructional material made
available under Subchapter B-1, Chapter 31.
(b) The amount to which a school district is entitled under
this section may not exceed actual costs incurred by the district or
for which the district is obligated to pay during the school year
for which the funds were provided.
(c) Additional state aid provided under this section shall
be deposited to the credit of the district's instructional
materials and technology account maintained by the commissioner
under Section 31.0212 and may be accessed only for the procurement
of instructional materials in accordance with this section.
(d) Funds provided to a school district under this section
must be spent in compliance with the requirements for the use of
funds provided under this section and Section 31.0211.
SECTION 48. Chapter 322, Government Code, is amended by
adding Section 322.0082 to read as follows:
Sec. 322.0082. INCLUSION OF CERTAIN EDUCATION FUNDS
REQUIRED. (a) The director shall include in the budget of
estimated appropriations prepared under Section 322.008(c):
(1) the amount set aside under Section 43.001(d),
Education Code, by the State Board of Education from the available
school fund for the state instructional materials and technology
fund established under Section 31.021, Education Code; and
(2) the amount that is remaining in the state
instructional materials and technology fund from the previous
fiscal biennium that is available for use by school districts and
open-enrollment charter schools.
(b) If the amount estimated to be appropriated for purposes
of the state instructional materials and technology fund for a
fiscal biennium is less than the amount set aside by the State Board
of Education under Section 43.001(d), Education Code, the director
shall provide with the budget an explanation of the difference,
including the amount of the difference and to what the additional
funds have been appropriated.
(c) An explanation provided under Subsection (b) shall be
included with the documents provided on the board's Internet
website under Section 322.0081.
SECTION 49. The following provisions of the Education Code
are repealed:
(1) Section 31.0213;
(2) Sections 31.022(d-1), (e), (f), (g), (h), and (i);
(3) Section 31.0221;
(4) Section 31.0231;
(5) Section 31.024;
(6) Section 31.0241;
(7) Section 31.0242;
(8) Section 31.0261;
(9) Section 31.035;
(10) the heading to Subchapter B-2, Chapter 31;
(11) Section 31.081;
(12) Section 31.082;
(13) Section 31.084;
(14) Section 31.101; and
(15) Section 31.151(e).
SECTION 50. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 51. (a) A contract entered into under Section
31.026 or 31.151, Education Code, as amended by this Act, before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
(b) A contract entered into under Section 31.026 or 31.151,
Education Code, as amended by this Act, after the effective date of
this Act for a program called for by the State Board of Education
under Proclamation 2024 is governed by the law in effect on the date
the proclamation was issued, and the former law is continued in
effect for that purpose.
(c) Section 31.026, Education Code, as amended by this Act,
does not apply to the review of or a contract for the purchase or
licensing of instructional materials required by the State Board of
Education pursuant to Proclamation 2024. The review of and
contracts for the purchase or licensing of instructional materials
required by the State Board of Education pursuant to Proclamation
2024 are governed by the law as it existed immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(d) Section 21.4045(b), Education Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
SECTION 52. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2023-2024 school
year.
(b) Section 21.4045, Education Code, as added by this Act,
applies beginning with the 2024-2025 school year.
SECTION 53. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
(b) Sections 48.307 and 48.308, Education Code, as added by
this Act, and Section 48.277(b), Education Code, as amended by this
Act, take effect September 1, 2023.
SECTION 54. Notwithstanding any other provision of this
Act, Section 322.0082, Government Code, as added by this Act, takes
effect September 1, 2025.