By: Buckley H.B. No. 1605
A BILL TO BE ENTITLED
AN ACT
relating to instructional material and technology, the adoption and
revision of essential knowledge and skills of the public school
foundation curriculum, and creating allotments for the procurement
of certain instructional materials under the Foundation School
Program; 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 classroom teacher of a foundation curriculum course
may only be required to prepare written information described by
Subsection (a)(6) if the teacher's contract requires the teacher to
prepare the information as part of the teacher's planning and
noninstructional duties in accordance with Section 21.4045.
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 approved and
included on the list 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) With respect to planning and preparation time to
which the teacher is entitled under Section 21.404, a school
district may authorize but not require a classroom teacher for a
foundation curriculum course to spend time creating or selecting
instructional materials for initial coverage of the applicable
essential knowledge and skills for the course unless the contract
under which the teacher is employed explicitly states that the
teacher is responsible for duties relating to lesson plan design or
instructional material selection.
(b) A contract between a school district and a classroom
teacher under which a teacher is assigned responsibility for duties
unrelated to providing instruction and that requires the teacher to
work a greater number of hours than the number of hours worked by
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
approved and included on the list maintained by the State Board of
Education under Section 31.022 and adopted by the district; and
(2) the allegation does not dispute that the teacher
delivered instruction from instructional material described by
Subdivision (1) with fidelity.
SECTION 5. Section 26.006, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1), (f) and (g) to
read as follows:
(b) A school district shall make 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 parent's access to an instructional materials parent
portal under Section 31.154 may be denied if the parent fails or
refuses to comply with a restriction under Section 31.154(c).
(g) A school district must permit a parent denied access
under Subsection (f) to appeal the denial to the board of trustees
of the school district.
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 conduct the review, unless, 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) A school district must conduct a review under this
section of a grade or subject at a particular campus only once per
school year.
(e) The commissioner 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 to incorporate the requirements under Subsection (c-4) no
later than February 2024. The board shall request preliminary
recommendations from the agency. A request for preliminary
recommendations from the agency satisfies the requirements under
this subsection to initiate the process. This subsection expires
September 1, 2025.
SECTION 8. The heading to Section 28.007, Education Code,
is amended to read as follows:
Sec. 28.0027. DISTRICT CURRICULUM SCOPE AND SEQUENCE AND
INSTRUCTIONAL MATERIALS.
SECTION 9. Section 28.007, Education Code, is amended by
adding subsection (d) to read as follows:
(d) A school district must supply a classroom teacher
teaching a foundation curriculum course with full subject tier one
instructional materials unless the contract under which the teacher
is employed explicitly states that the teacher is responsible for
duties relating to lesson plan design or instructional material
selection.
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 (3),
(5), and (6) to read as follows:
(1) "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-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 as described by Section
31.0711, 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.]
(3) "Full subject tier one instructional material"
means instructional material, including lesson plans, designed so
that, when implemented with fidelity, students will attain mastery
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.
(5) "Partial subject tier one instructional material"
means instructional material, including lesson plans, designed so
that, when implemented with fidelity, students will attain 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 those
essential knowledge and skills.
(6) "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, to implement requirements under 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. An advisory committee
established under this chapter is not subject to Chapter 2110,
Government Code.
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 website 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) [(e) The commissioner shall adopt rules as necessary to
implement this section. The rules must include a requirement that
a] A school district must provide the title and publication
information for any instructional materials requisitioned or
purchased by the district with the district's instructional
materials and technology allotment to the agency.
(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.
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.
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 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.
SECTION 18. Subchapter A-1, Chapter 31, Education Code, as
added by this Act, is amended by adding Section 31.0216 to read as
follows:
Sec. 31.0216. AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS
AND TECHNOLOGY. (a) The agency may contract directly, including by
extending a contract, for the purchase of instructional materials
and technology for use by school districts.
(b) The requirements of Chapter 2157, Government Code, do
not apply to a contract entered into under this section. The agency
may participate in programs authorized by Chapter 2157, Government
Code.
SECTION 19. 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 20. 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 ADOPTION.
SECTION 21. Section 31.022, Education Code, subsections
(a), (b), (c) and (d) are amended to read as follows:
(a) The State Board of Education shall adopt a review and
adoption cycle for instructional material recommended to the board
by the agency under Section 31.023 for approval or rejection
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,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. Each material
approved by the board shall be added to a list of approved
instructional materials:
(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 mayboard
shall adopt criteriarules to provide for approval a full and
complete investigation 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; and
(3) certain physical specifications.
[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 maintained under this section if the
essential knowledge and skills intended to be covered by the
material are revised or the material is revised without approval.
The 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.
(d) For material reviewed under Subsection (a), the State
Board of Education shall designate whether each instructional
material meets the standards 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 22. The heading to Section 31.023, Education Code,
is amended to read as follows:
Sec. 31.023. INSTRUCTIONAL MATERIAL REVIEW [LIST].
SECTION 23. Section 31.023, Education Code, is amended to
read as follows:
(a) The commissioner shall establish an annual process for
reviewing instructional materials. The State Board of Education
must approve the process prior to implementation of the process.
The process adopted 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; and
(B) reviewing instructional materials
requisitioned or disbursed under Section 31.0212;
(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 for 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.]
(b) In conducting a review under this section, the agency
must use a rubric developed by the agency 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 suitability standards as defined by criteria of the
board under Section 31.022;
(2) the quality of the material; and
(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. [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 recommend to the State Board of Education instructional
materials the agency determines appropriate for inclusion on the
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) Items requiring approval by the State Board of Education
under this section are approved unless rejected by the board within
90 days of submission to the board.
SECTION 24. 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. WEBSITE FOR REVIEWED INSTRUCTIONAL MATERIAL.
(a) The agency shall develop and maintain an instructional
material website to assist school districts in locating and
selecting instructional material.
(b) For each instructional material included, the 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 approved by
and included on the list of instructional materials maintained by
the State Board of Education under Section 31.022 or rejected by the
board; and
(5) any other information the agency determines
relevant to a school district's selection of instructional
material.
(c) The website developed and maintained under this section
shall include the repository of open education resources under
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
maintained by the State Board of Education under Section 31.022.
Sec. 31.0252. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
MATERIAL. (a) The agency shall provide grants and develop
standards for conducting 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 campus; and
(2) meets grade level rigor of the knowledge and
skills of the foundation curriculum under Section 28.002.
(b) A rubric developed by the agency to implement reviews
under Subsection (a)(2) must be approved by the State Board of
Education.
(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; and
(2) may not, unless unavoidable, require a teacher to
spend more than 30 minutes on a single review conducted under this
section.
(d) The agency shall provide to regional education service
centers and other private educational service providers approved by
the agency training relating to appropriately conducting a review
under this section.
SECTION 25. Section 31.026, Education Code, is amended by
amending Subsections (a) and (b) 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 26. 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 27. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Sections 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 28. 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 [through a competitive process];
(2) acquire ownership in 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 grades kindergarten through 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 31.0712, 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 31.0711 [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 29. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0712 to read as follows
Sec. 31.0711. 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 original license terms;
(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, if
permitted by the original license terms.
(b) Instructional material may be licensed to this state
under an intellectual property license that allows for free use,
reuse, modification, or sharing with others and conforms to the
requirements for open education resource instructional materials
even it is limited to noncommercial or educational use.
SECTION 30. Section 31.0712, Education Code, is amended to
read as follows:
Sec. 31.0711 31.0712. 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 31.0711; 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 31. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0713 to read as follows:
Sec. 31.0713. 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 errors; and
(5) in compliance with Section 28.0022.
SECTION 32. 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 33. 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 chapter to students, teachers, educators, or
other education professionals before being reviewed by the agency
under Section 31.023 and approved and included on the list
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 approved and included on the list
maintained by the State Board of Education under Section 31.022 to
assist in developing or testing the quality of the material. For
materials that have not yet been reviewed by the State Board of
Education, a school district may use materials developed under this
subchapter not previously in use by the school district at
particular grade level only if:
(1) the board of trustees of a school district has
approved the use of materials being developed under this
subchapter; and
(2) the district provides evidence to the agency
showing that classroom teachers support the use of the material.
SECTION 34. 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 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) meet the standards under Section 31.154 for
viewing instructional materials; 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 35. 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 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 36. The heading to Section 31.075, Education Code,
is amended to read as follows:
Sec. 31.075. STATE OWNERSHIP; LICENSING.
SECTION 37. Sections 31.075(a), (b), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) Except as provided otherwise under this subchapter,
open [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 38. 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) In order to be eligible for the
allotment under Section 48.158, except as provided by Subsection
(c), a school district shall 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 as provided by the teacher's contract for employment.
Sec. 31.0753. TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.
The agency shall develop and maintain a program to assist educator
preparation programs with implementing Section 21.044(a-1)(4).
SECTION 39. 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 40. 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:
(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 the Children's Internet Protection Act (Pub. L.
No. 106-554); and
(2) the district 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
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 41. 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 42. The heading to Section 31.102, Education Code,
is amended to read as follows:
Sec. 31.102. TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.
SECTION 43. 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
approved and included on the list maintained by the State Board of
Education under Section 31.022.
SECTION 44. 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 31.022
[31.023] for grades above the grade level in which a student is
enrolled.
SECTION 45. 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 46. 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 agency shall adopt standards for entities that supply
instructional materials that are reviewed under this chapter for
the maintenance of instructional materials on a parent portal to
satisfy the requirement under Section 31.022(d).
(b) The agency under Subsection (a) must require the
instructional materials parent portal to:
(1) provide to each parent of a student enrolled in the
district access to the instructional material;
(2) organize the instructional material
chronologically by the order in which the material is designed to be
used;
(3) be capable of being searched by key word and
indexed by unit; 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) 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, standards may require parents,
before accessing the portal, to:
(1) enter a password;
(2) comply with other user access verification
procedures; and
(3) accept user terms and conditions, including a
condition that the instructional material cannot be shared.
(d) A parent's access to an instructional materials parent
portal under this section may be temporarily denied if the parent
fails or refuses to comply with a restriction under Subsection (c).
The entity must work in conjunction with the school district
regarding permanent denial in accordance with Section 26.006(f) and
(g).
SECTION 47. 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 the instructional materials parent
portal or available on the campus for preview may not be used.
SECTION 48. Subchapter D, Chapter 48, Education Code, is
amended by adding Sections 48.157 and 48.158 to read as follows:
Sec. 48.157. ALLOTMENT FOR STATE-APPROVED INSTRUCTIONAL
MATERIALS. (a) A school district is entitled to an allotment equal
to $40, or a greater amount provided by appropriation, for each
student enrolled in the district for costs incurred by the district
to procure instructional material that has been:
(1) reviewed by the agency under Section 31.023;
(2) approved and placed on the list maintained by the
State Board of Education under Section 31.022;
(3) determined by the State Board of Education under
Section 31.022 to be designated as a material included or capable of
being included in an instructional materials parent portal under
Section 31.154; and
(4) acquired from a publisher or manufacturer or other
entity which has not been found to be out of compliance with Section
31.151.
(b) Funds allotted 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.
(c) The agency shall adopt a process to allow a district
subject to Section 48.257 to deposit the funding the district
receives under this allotment in the state instructional materials
and technology fund under Section 31.0212 for use by the school
district. Funding under this section retained by a school district
subject to Section 48.257 is subject to all spending restrictions
that apply to the instructional materials and technology allotment
under Chapter 31.
Sec. 48.158. ALLOTMENT FOR OPEN EDUCATION RESOURCE
INSTRUCTIONAL MATERIAL. (a) For each school year, a school
district is entitled to an allotment per student for the costs
incurred during that year associated with printing and shipping
open education resource instructional material made available
under Subchapter B-1, Chapter 31, that may not exceed $20 per
student.
(b) A school district is not eligible for an allotment under
this section unless the district has complied with Section 31.0751
(c) Funds allotted 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.
(d) The agency shall adopt a process to allow a district
subject to Section 48.257 to deposit the funding the district
retains under this allotment in the state instructional materials
and technology fund under Section 31.0212 for use by the school
district. Funding under this section received by a school district
subject to Section 48.257 is subject to all spending restrictions
that apply to the instructional materials allotment under Chapter
31.
SECTION 49. The following provisions of the Education Code
are repealed:
(1) Section 31.0211(f);
(2) Section 31.0213;
(3) Section 31.0214(b);
(4) Section 31.0215(f);
(5) Section 31.022(d-1), (e), (f), (g), (h) and (i);
(6) Section 31.0221;
(7) Section 31.023(a-1);
(8) Section 31.0231;
(9) Section 31.024;
(10) Section 31.0241;
(11) Section 31.0242;
(12) Section 31.0261;
(13) Section 31.035;
(14) the heading to Subchapter B-2, Chapter 31;
(15) Section 31.081;
(16) Section 31.082;
(17) Section 31.084;
(18) Section 31.101; and
(19) 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 contract under Sections 31.026 or 31.151,
Education Code, 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. This Act applies beginning with the 2023-2024
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 48.157 and 48.158, Education Code, as added by
this Act, take effect September 1, 2023.