Texas 2023 - 88th Regular

Texas House Bill HB1605 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1605
2	2
3	3
4	4	AN ACT
5	5	relating to instructional material and technology, the adoption of
6	6	essential knowledge and skills for certain public school foundation
7	7	curriculum subjects, and the extension of additional state aid to
8	8	school districts for the provision of certain instructional
9	9	materials; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.164, Education Code, is amended by
12	12	amending Subsection (a) and adding Subsection (a-1) to read as
13	13	follows:
14	14	(a) The board of trustees of each school district shall
15	15	limit redundant requests for information and the number and length
16	16	of written reports that a classroom teacher is required to prepare.
17	17	A classroom teacher may not be required to prepare any written
18	18	information other than:
19	19	(1) any report concerning the health, safety, or
20	20	welfare of a student;
21	21	(2) a report of a student's grade on an assignment or
22	22	examination;
23	23	(3) a report of a student's academic progress in a
24	24	class or course;
25	25	(4) a report of a student's grades at the end of each
26	26	grade reporting period;
27	27	(5) a report on instructional materials;
28	28	(6) subject to Subsection (a-1), a unit or weekly
29	29	lesson plan that outlines, in a brief and general manner, the
30	30	information to be presented during each period at the secondary
31	31	level or in each subject or topic at the elementary level;
32	32	(7) an attendance report;
33	33	(8) any report required for accreditation review;
34	34	(9) any information required by a school district that
35	35	relates to a complaint, grievance, or actual or potential
36	36	litigation and that requires the classroom teacher's involvement;
37	37	or
38	38	(10) any information specifically required by law,
39	39	rule, or regulation.
40	40	(a-1) A unit or weekly lesson plan that is included in
41	41	instructional material, as defined by Section 31.002, and adopted
42	42	by the board of trustees of the school district at which a teacher
43	43	is employed is sufficient to satisfy a requirement to prepare
44	44	written information described by Subsection (a)(6).
45	45	SECTION 2. Section 21.044, Education Code, is amended by
46	46	amending Subsection (a-1) and adding Subsection (h) to read as
47	47	follows:
48	48	(a-1) Any training requirements for a certificate specified
49	49	under Subsection (a) must require that the person demonstrate:
50	50	(1) basic knowledge of:
51	51	(A) each disability category under the
52	52	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
53	53	et seq.) and how each category can affect student learning and
54	54	development; and
55	55	(B) conditions that may be considered a
56	56	disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
57	57	Section 794), and how a condition covered by that section can affect
58	58	student learning and development;
59	59	(2) competence in the use of proactive instructional
60	60	planning techniques that:
61	61	(A) provide flexibility in the ways:
62	62	(i) information is presented;
63	63	(ii) students respond or demonstrate
64	64	knowledge and skills; and
65	65	(iii) students are engaged;
66	66	(B) reduce barriers in instruction;
67	67	(C) provide appropriate accommodations,
68	68	supports, and challenges; and
69	69	(D) maintain high achievement expectations for
70	70	all students, including students with disabilities and students of
71	71	limited English proficiency; [and]
72	72	(3) competence in the use of evidence-based inclusive
73	73	instructional practices, including:
74	74	(A) general and special education collaborative
75	75	and co-teaching models and approaches;
76	76	(B) multitiered systems of support, including
77	77	response to intervention strategies, classroom and school level
78	78	data-based collaborative structures, and evidence-based strategies
79	79	for intervention and progress monitoring systems in academic areas;
80	80	(C) classroom management techniques using
81	81	evidence-based behavioral intervention strategies and supports;
82	82	and
83	83	(D) appropriate adaptation strategies, including
84	84	accommodations, modifications, and instruction in the use of
85	85	assistive technology for instruction; and
86	86	(4) thorough understanding of and competence in the
87	87	use of open education resource instructional materials included on
88	88	the list of approved instructional materials maintained by the
89	89	State Board of Education under Section 31.022 in each subject area
90	90	and grade level covered by the person's certificate.
91	91	(h) An educator preparation program may not include
92	92	instruction on the use of instructional materials that incorporate
93	93	the method of three-cueing, as defined by Section 28.0062(a-1),
94	94	into foundational skills reading instruction.
95	95	SECTION 3. Subchapter I, Chapter 21, Education Code, is
96	96	amended by adding Section 21.4045 to read as follows:
97	97	Sec. 21.4045. PLANNING AND NONINSTRUCTIONAL DUTIES OF
98	98	TEACHERS. (a) A school district may enter into a supplemental
99	99	agreement with a classroom teacher under which the teacher agrees
100	100	to perform a duty relating to initial lesson plan design or
101	101	instructional material selection that is not a duty generally:
102	102	(1) anticipated to be performed during the
103	103	instructional day; and
104	104	(2) assigned to all classroom teachers of the same
105	105	subject and grade level under those teachers' employment contracts.
106	106	(b) A school district may not require a classroom teacher
107	107	for a foundation curriculum course to spend planning and
108	108	preparation time to which the teacher is entitled under Section
109	109	21.404 creating or selecting instructional materials to initially
110	110	cover the applicable essential knowledge and skills for the course
111	111	unless the teacher has entered into a supplemental agreement
112	112	described by Subsection (a). This subsection may not be construed
113	113	to prohibit a classroom teacher from choosing to spend the
114	114	teacher's planning and preparation time creating or selecting
115	115	instructional materials.
116	116	(c) A supplemental agreement between a school district and a
117	117	classroom teacher described by Subsection (a) under which a teacher
118	118	is assigned responsibility for a greater number of duties unrelated
119	119	to providing instruction than other full-time teachers of the same
120	120	grade level in the district must explicitly state each of the
121	121	teacher's duties unrelated to providing instruction.
122	122	SECTION 4. Subchapter B, Chapter 22, Education Code, is
123	123	amended by adding Section 22.05125 to read as follows:
124	124	Sec. 22.05125. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
125	125	CLASSROOM TEACHERS. (a) In this section, "disciplinary
126	126	proceeding" has the meaning assigned by Section 22.0512.
127	127	(b) A classroom teacher employed by a school district may
128	128	not be subject to disciplinary proceedings for an allegation that
129	129	the teacher violated Section 28.0022, the Establishment Clause of
130	130	the First Amendment of the United States Constitution, or a related
131	131	state or federal law if:
132	132	(1) the teacher used only instructional material
133	133	included on the list of approved instructional material maintained
134	134	by the State Board of Education under Section 31.022 and adopted by
135	135	the district; and
136	136	(2) the allegation does not dispute that the teacher
137	137	delivered instruction from instructional material described by
138	138	Subdivision (1) with fidelity.
139	139	(c) The immunity provided by Subsection (b) is in addition
140	140	to any other immunity provided by law. This section may not be
141	141	construed to interfere with any other immunity provided by law.
142	142	SECTION 5. Section 26.006, Education Code, is amended by
143	143	amending Subsection (b) and adding Subsections (b-1) and (f) to
144	144	read as follows:
145	145	(b) A school district shall make tests readily available for
146	146	review by parents in person and teaching materials [and tests]
147	147	readily available for review by parents both in person and, if
148	148	applicable, through an instructional materials parent portal
149	149	established under Section 31.154. In providing access to
150	150	instructional materials to a student's parent under this section,
151	151	the district shall:
152	152	(1) allow access beginning not later than 30 days
153	153	before the school year begins and concluding not earlier than 30
154	154	days after the school year ends; and
155	155	(2) include, for the entire period specified in
156	156	Subdivision (1), access to all instructional materials that pertain
157	157	to each subject area in the grade level in which the student is
158	158	enrolled, except for:
159	159	(A) tests or exams that have not yet been
160	160	administered to the student; and
161	161	(B) the student's graded assignments.
162	162	(b-1) The district may specify reasonable hours for
163	163	in-person review.
164	164	(f) A school district may not deny a parent access to an
165	165	instructional materials parent portal hosted under Section 31.154.
166	166	SECTION 6. Chapter 26, Education Code, is amended by adding
167	167	Section 26.0061 to read as follows:
168	168	Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
169	169	REVIEW. (a) The board of trustees of each school district shall
170	170	establish a process by which a parent of a student, as indicated on
171	171	the student registration form at the student's campus, may request
172	172	an instructional material review under Section 31.0252 for a
173	173	subject area in the grade level in which the student is enrolled.
174	174	(b) A process established under Subsection (a):
175	175	(1) may not require more than one parent of a student
176	176	to make the request;
177	177	(2) must provide for the board of trustees of the
178	178	school district to determine if the request will be granted, either
179	179	originally or through an appeal process; and
180	180	(3) may permit the requesting parent to review the
181	181	instructional material directly before the district conducts an
182	182	instructional material review under Section 31.0252.
183	183	(c) If the parents of at least 25 percent of the students
184	184	enrolled at a campus present to the board of trustees of the school
185	185	district in which the campus is located a petition for the board to
186	186	conduct an instructional material review under Section 31.0252, the
187	187	board shall, subject to Subsection (d), conduct the review, unless
188	188	the petition is presented by the parents of less than 50 percent of
189	189	the students enrolled at the campus and, by a majority vote, the
190	190	board denies the request. A review conducted under this subsection
191	191	shall include a review of instructional materials for each subject
192	192	area or grade level specified in the petition.
193	193	(d) The board of trustees of a school district is not
194	194	required to conduct a review under this section for a specific
195	195	subject area or grade level at a specific district campus more than
196	196	once per school year.
197	197	(e) Parental access to instructional material provided by
198	198	an instructional material review conducted under this section is in
199	199	addition to any other right to access instructional material
200	200	granted by this title or school district policy.
201	201	(f) The State Board of Education may adopt rules to
202	202	implement this section.
203	203	SECTION 7. Section 28.002, Education Code, is amended by
204	204	adding Subsections (c-4) and (c-5) to read as follows:
205	205	(c-4) In adopting essential knowledge and skills for
206	206	English language arts under Subsection (a)(1)(A), the State Board
207	207	of Education shall specify a list of required vocabulary and at
208	208	least one literary work to be taught in each grade level. The
209	209	vocabulary specified by the board must support the essential
210	210	knowledge and skills adopted for other courses offered under the
211	211	foundation curriculum under Subsection (a)(1).
212	212	(c-5) The State Board of Education shall initiate the
213	213	process of specifying an initial list of vocabulary and literary
214	214	works as required by Subsection (c-4) not later than February 1,
215	215	2024. The State Board of Education shall request from the agency
216	216	recommendations regarding the list, and that request for
217	217	recommendations may be considered an initiation of the process.
218	218	This subsection expires September 1, 2025.
219	219	SECTION 8. The heading to Section 28.0027, Education Code,
220	220	is amended to read as follows:
221	221	Sec. 28.0027. DISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,
222	222	AND INSTRUCTIONAL MATERIAL.
223	223	SECTION 9. Sections 28.0027(a) and (b), Education Code, are
224	224	amended to read as follows:
225	225	(a) In adopting a recommended or designated scope and
226	226	sequence or instructional materials for a subject in the required
227	227	curriculum under Section 28.002(a) in a particular grade level, a
228	228	school district shall ensure sufficient time is provided for
229	229	teachers to teach and students to learn the essential knowledge and
230	230	skills for that subject and grade level.
231	231	(b) Except as provided by Subsection (c), a school district
232	232	may not penalize a teacher who does not follow the pacing of [a]
233	233	recommended or designated instructional materials or the pacing of
234	234	the recommended or designated scope and sequence for a subject in
235	235	the required curriculum under Section 28.002(a) in a particular
236	236	grade level based on the teacher's determination that the teacher's
237	237	students need more or less time in a specific area to demonstrate
238	238	proficiency in the essential knowledge and skills for that subject
239	239	and grade level.
240	240	SECTION 10. Section 28.0062, Education Code, is amended by
241	241	adding Subsection (a-1) to read as follows:
242	242	(a-1) In this subsection, "three-cueing" means a method of
243	243	reading instruction for identification of words by which a student
244	244	is encouraged to draw on context and sentence structure to read
245	245	words without sounding the words out or using a phonics-based
246	246	approach. A school district or open-enrollment charter school may
247	247	not include any instruction that incorporates three-cueing in the
248	248	phonics curriculum required under Subsection (a)(1).
249	249	SECTION 11. The heading to Chapter 31, Education Code, is
250	250	amended to read as follows:
251	251	CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
252	252	SECTION 12. Section 31.002, Education Code, is amended by
253	253	amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
254	254	(1-c), and (3) to read as follows:
255	255	(1) "Full subject tier one instructional material"
256	256	means instructional material designed to, if implemented as
257	257	designed, provide a student with mastery of the essential knowledge
258	258	and skills adopted by the board for a certain subject and grade
259	259	level in the required curriculum under Section 28.002 or for
260	260	prekindergarten without the need for supplementation.
261	261	(1-a) "Instructional material" means content that
262	262	conveys the essential knowledge and skills of a subject in the
263	263	public school curriculum through a medium or a combination of media
264	264	for conveying information to a student. The term includes:
265	265	(A) material used by a teacher, including a
266	266	lesson plan, answer key, grading rubric, or unit plan;
267	267	(B) material used by a principal or campus
268	268	instructional leader to support instruction; and
269	269	(C) material used by a student, including a book,
270	270	supplementary materials, a combination of a book, workbook, and
271	271	supplementary materials, computer software, magnetic media, DVD,
272	272	CD-ROM, computer courseware, on-line services, or an electronic
273	273	medium, or other means of conveying information to the student or
274	274	otherwise contributing to the learning process through electronic
275	275	means, including open education resource instructional material.
276	276	(1-b) [(1-a)] "Open education resource instructional
277	277	material" means teaching, learning, and research resources that
278	278	reside in the public domain or have been released under an
279	279	intellectual property license that allows for free use, reuse,
280	280	modification, and sharing with others, including full courses,
281	281	course materials, modules, textbooks, streaming videos, tests,
282	282	software, and any other tools, materials, or techniques used to
283	283	support access to knowledge. [The term includes state-developed
284	284	open education resource instructional material purchased under
285	285	Subchapter B-1.]
286	286	(1-c) "Partial subject tier one instructional
287	287	material" means instructional material designed to, if implemented
288	288	as designed, provide a student with mastery in a portion of the
289	289	essential knowledge and skills adopted by the State Board of
290	290	Education for a certain subject and grade level in the required
291	291	curriculum under Section 28.002 or for prekindergarten without the
292	292	need for supplementation in the essential knowledge and skills
293	293	covered.
294	294	(3) "Supplemental instructional material" means
295	295	instructional material designed to assist in the instruction of one
296	296	or more of the essential knowledge and skills adopted by the State
297	297	Board of Education for a subject in the required curriculum under
298	298	Section 28.002 or for prekindergarten.
299	299	SECTION 13. Section 31.003, Education Code, is amended to
300	300	read as follows:
301	301	Sec. 31.003. RULES. (a) The State Board of Education may
302	302	adopt rules, consistent with this chapter, for the adoption,
303	303	requisition, distribution, care, use, and disposal of
304	304	instructional materials.
305	305	(b) The commissioner may adopt rules, consistent with this
306	306	chapter, as necessary to implement a provision of this chapter that
307	307	the commissioner or agency is responsible for implementing.
308	308	SECTION 14. Subchapter A, Chapter 31, Education Code, is
309	309	amended by adding Section 31.006 to read as follows:
310	310	Sec. 31.006. ADVISORY COMMITTEE. The State Board of
311	311	Education or the agency may form an advisory committee to comply
312	312	with the provisions of this chapter. Chapter 2110, Government
313	313	Code, does not apply to an advisory committee formed under this
314	314	section.
315	315	SECTION 15. Chapter 31, Education Code, is amended by
316	316	adding Subchapter A-1, and a heading is added to that subchapter to
317	317	read as follows:
318	318	SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND
319	319	TECHNOLOGY
320	320	SECTION 16. Section 31.005, Education Code, is transferred
321	321	to Subchapter A-1, Chapter 31, Education Code, as added by this Act,
322	322	and redesignated as Section 31.0205 to read as follows:
323	323	Sec. 31.0205 [31.005]. FUNDING FOR OPEN-ENROLLMENT CHARTER
324	324	SCHOOLS. An open-enrollment charter school is entitled to the
325	325	instructional materials and technology allotment under this
326	326	chapter and is subject to this chapter as if the school were a
327	327	school district.
328	328	SECTION 17. Sections 31.021, 31.0212, 31.0214, and 31.0215,
329	329	Education Code, are transferred to Subchapter A-1, Chapter 31,
330	330	Education Code, as added by this Act, and amended to read as
331	331	follows:
332	332	Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
333	333	FUND. (a) The state instructional materials and technology fund
334	334	consists of:
335	335	(1) an amount set aside by the State Board of Education
336	336	from the available school fund, in accordance with Section
337	337	43.001(d); and
338	338	(2) all amounts lawfully paid into the fund from any
339	339	other source.
340	340	(c) Money in the state instructional materials and
341	341	technology fund shall be used to:
342	342	(1) fund the instructional materials and technology
343	343	allotment, as provided by Section 31.0211;
344	344	(2) purchase special instructional materials for the
345	345	education of blind and visually impaired students in public
346	346	schools;
347	347	(3) pay the expenses associated with the instructional
348	348	materials adoption and review process and Internet website
349	349	maintained under this chapter;
350	350	(4) pay the expenses associated with the purchase,
351	351	[or] licensing, printing, or other reproduction of open education
352	352	resource instructional material;
353	353	(5) pay the expenses associated with the purchase of
354	354	instructional material, including freight and shipping and the
355	355	insurance expenses associated with freight and shipping;
356	356	(6) fund the technology lending grant program
357	357	established under Section 32.301; and
358	358	(7) provide funding to the Texas School for the Blind
359	359	and Visually Impaired, the Texas School for the Deaf, and the Texas
360	360	Juvenile Justice Department[; and
361	361	[(8) pay the expenses associated with the
362	362	instructional materials web portal developed under Section
363	363	31.081].
364	364	(d) Money transferred to the state instructional materials
365	365	and technology fund remains in the fund until spent and does not
366	366	lapse to the state at the end of the fiscal year.
367	367	Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
368	368	ACCOUNT. (a) The commissioner shall maintain an instructional
369	369	materials and technology account for each school district. In the
370	370	first year of each biennium, the commissioner shall deposit in the
371	371	account for each district the amount of the district's
372	372	instructional materials and technology allotment under Section
373	373	31.0211.
374	374	(b) The commissioner shall pay the cost of instructional
375	375	materials requisitioned by a school district under Section 31.103
376	376	using funds from the district's instructional materials and
377	377	technology account.
378	378	(c) [A school district may also use funds in the district's
379	379	account to purchase electronic instructional materials or
380	380	technological equipment. The district shall submit to the
381	381	commissioner a request for funds for this purpose from the
382	382	district's account. The commissioner shall adopt rules regarding
383	383	the documentation a school district must submit to receive funds
384	384	under this subsection.
385	385	[(d)] Money deposited in a school district's instructional
386	386	materials and technology account during each state fiscal biennium
387	387	remains in the account and available for use by the district for the
388	388	entire biennium. At the end of each biennium, a district with
389	389	unused money in the district's account may carry forward any
390	390	remaining balance to the next biennium.
391	391	(d) A [(e) The commissioner shall adopt rules as necessary
392	392	to implement this section. The rules must include a requirement
393	393	that a] school district shall provide to the agency the title and
394	394	publication information for any instructional materials
395	395	requisitioned or purchased by the district with the district's
396	396	instructional materials and technology allotment.
397	397	(e) The agency shall provide for the development and
398	398	maintenance of an online requisition and disbursement system for
399	399	each school district's instructional materials and technology
400	400	account.
401	401	Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
402	402	DISTRICTS. [(a)] Each year the commissioner shall adjust the
403	403	instructional materials and technology allotment of school
404	404	districts experiencing high enrollment growth. The commissioner
405	405	shall establish a procedure for determining high enrollment growth
406	406	districts eligible to receive an adjustment under this section and
407	407	the amount of the instructional materials and technology allotment
408	408	those districts will receive.
409	409	[(b) The commissioner may adopt rules as necessary to
410	410	implement this section.]
411	411	Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
412	412	ALLOTMENT PURCHASES. (a) The commissioner shall, as early as
413	413	practicable during each biennium, notify each school district and
414	414	open-enrollment charter school of the estimated amount to which the
415	415	district or charter school will be entitled under Section 31.0211
416	416	during the next fiscal biennium.
417	417	(b) The commissioner shall [may] allow a school district or
418	418	open-enrollment charter school to place an order for instructional
419	419	materials before the beginning of a fiscal biennium and to receive
420	420	instructional materials before payment. The commissioner shall
421	421	limit the cost of an order placed under this section to 80 percent
422	422	of the estimated amount to which a school district or
423	423	open-enrollment charter school is estimated to be entitled as
424	424	provided by Subsection (a) and shall first credit any balance in a
425	425	district or charter school instructional materials and technology
426	426	account to pay for an order placed under this section.
427	427	(c) The commissioner shall make payments for orders placed
428	428	under this section as funds become available to the instructional
429	429	materials and technology fund and shall prioritize payment of
430	430	orders placed under this section over reimbursement of purchases
431	431	made directly by a school district or open-enrollment charter
432	432	school.
433	433	(d) The commissioner shall ensure that publishers of
434	434	instructional materials are informed of any potential delay in
435	435	payment and that payment is subject to the availability of
436	436	appropriated funds. A publisher may decline to accept an order
437	437	placed under this section.
438	438	(e) Chapter 2251, Government Code, does not apply to
439	439	purchases of instructional materials under this section.
440	440	[(f) The commissioner may adopt rules to implement this
441	441	section.]
442	442	SECTION 18. Section 31.0211, Education Code, as amended by
443	443	Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th
444	444	Legislature, Regular Session, 2021, is transferred to Subchapter
445	445	A-1, Chapter 31, Education Code, as added by this Act, reenacted,
446	446	and amended to read as follows:
447	447	Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
448	448	ALLOTMENT. (a) A school district is entitled to an allotment each
449	449	biennium from the state instructional materials and technology fund
450	450	for each student enrolled in the district on a date during the last
451	451	year of the preceding biennium specified by the commissioner. The
452	452	commissioner shall determine the amount of the allotment per
453	453	student each biennium on the basis of the amount of money available
454	454	in the state instructional materials and technology fund to fund
455	455	the allotment. An allotment under this section shall be
456	456	transferred from the state instructional materials and technology
457	457	fund to the credit of the district's instructional materials and
458	458	technology account as provided by Section 31.0212.
459	459	(b) A juvenile justice alternative education program under
460	460	Section 37.011 is entitled to an allotment from the state
461	461	instructional materials and technology fund in an amount determined
462	462	by the commissioner. The program shall use the allotment to
463	463	purchase items listed in Subsection (c) for students enrolled in
464	464	the program. The commissioner's determination under this
465	465	subsection is final and may not be appealed.
466	466	(c) Funds allotted under this section may be used to:
467	467	(1) purchase:
468	468	(A) [materials on the list adopted by the
469	469	commissioner, as provided by Section 31.0231;
470	470	[(B)] instructional materials, regardless of
471	471	whether the instructional materials are on the list of approved
472	472	instructional materials maintained by the State Board of Education
473	473	under Section 31.022 [adopted under Section 31.024];
474	474	(B) [(C)] consumable instructional materials,
475	475	including workbooks;
476	476	(C) [(D)] instructional materials for use in
477	477	bilingual education classes, as provided by Section 31.029;
478	478	(D) [(E)] instructional materials for use in
479	479	college preparatory courses under Section 28.014, as provided by
480	480	Section 31.031;
481	481	(E) [(F)] supplemental instructional materials
482	482	[, as provided by Section 31.035];
483	483	(F) [(G) state-developed] open education
484	484	resource instructional materials, as provided by Subchapter B-1;
485	485	(G) [(H)] instructional materials and
486	486	technological equipment under any continuing contracts of the
487	487	district in effect on September 1, 2011;
488	488	(H) [(I)] technological equipment necessary to
489	489	support the use of [materials included on the list adopted by the
490	490	commissioner under Section 31.0231 or] any instructional materials
491	491	purchased with an allotment under this section;
492	492	(I) [(J)] inventory software or systems for
493	493	storing, managing, and accessing instructional materials and
494	494	analyzing the usage and effectiveness of the instructional
495	495	materials; and
496	496	(J) [(K)] services, equipment, and technology
497	497	infrastructure necessary to ensure Internet connectivity and
498	498	adequate bandwidth; and
499	499	(2) pay:
500	500	(A) for training educational personnel directly
501	501	involved in student learning in the appropriate use of
502	502	instructional materials and for providing for access to
503	503	technological equipment for instructional use;
504	504	(B) for training personnel in the electronic
505	505	administration of assessment instruments; [and]
506	506	(C) the salary and other expenses of an employee
507	507	who provides technical support for the use of technological
508	508	equipment directly involved in student learning; and
509	509	(D) [(C)] for costs associated with distance
510	510	learning, including Wi-Fi, Internet access hotspots, wireless
511	511	network service, broadband service, and other services and
512	512	technological equipment necessary to facilitate Internet access.
513	513	(d) [Each biennium the commissioner shall assess the
514	514	technology needs for all school districts and provide an estimate
515	515	of the cost for these resources to the State Board of Education.
516	516	[(d-1)] In purchasing technological equipment, a school
517	517	district shall:
518	518	(1) secure technological solutions that meet the
519	519	varying and unique needs of students and teachers in the district;
520	520	and
521	521	(2) consider:
522	522	(A) the long-term cost of ownership; and
523	523	(B) flexibility for innovation.
524	524	(e) Not later than May 31 of each school year, a school
525	525	district may request that the commissioner adjust the number of
526	526	students for which the district is entitled to receive an allotment
527	527	under Subsection (a) on the grounds that the number of students
528	528	attending school in the district will increase or decrease during
529	529	the school year for which the allotment is provided. The
530	530	commissioner may also adjust the number of students for which a
531	531	district is entitled to receive an allotment, without a request by
532	532	the district, if the commissioner determines a different number of
533	533	students is a more accurate reflection of students who will be
534	534	attending school in the district. The commissioner's determination
535	535	under this subsection is final.
536	536	(f) Funds allotted under this section may not be used to
537	537	purchase instructional material that contains obscene or harmful
538	538	content or would otherwise cause the school district to which the
539	539	funds were allotted to be unable to submit the certification
540	540	required under Section 31.1011(a)(1)(B) [The commissioner may
541	541	adopt rules as necessary to implement this section].
542	542	SECTION 19. Subchapter A-1, Chapter 31, Education Code, as
543	543	added by this Act, is amended by adding Section 31.0216 to read as
544	544	follows:
545	545	Sec. 31.0216. AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS
546	546	AND TECHNOLOGY. (a) From funds appropriated for the purpose, the
547	547	agency may contract directly, including by extending a contract,
548	548	for the purchase of instructional materials and technology for use
549	549	by school districts.
550	550	(b) The provisions of Chapter 2157, Government Code,
551	551	requiring a state agency to use a contract or contract terms
552	552	developed or preapproved by the Department of Information Resources
553	553	do not apply to a contract entered into under this section, but the
554	554	agency may participate in a program authorized by that chapter.
555	555	SECTION 20. The heading to Subchapter B, Chapter 31,
556	556	Education Code, is amended to read as follows:
557	557	SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION [, AND
558	558	PURCHASE]
559	559	SECTION 21. The heading to Section 31.022, Education Code,
560	560	is amended to read as follows:
561	561	Sec. 31.022. STATE BOARD OF EDUCATION INSTRUCTIONAL
562	562	MATERIALS REVIEW AND APPROVAL [ADOPTION].
563	563	SECTION 22. Section 31.022, Education Code, is amended by
564	564	amending Subsections (a), (b), (c), and (d) and adding Subsection
565	565	(c-1) to read as follows:
566	566	(a) The State Board of Education shall [adopt a] review [and
567	567	adoption cycle for] instructional materials provided to the board
568	568	by the agency under Section 31.023. Before approving instructional
569	569	material, the board may review the material and must determine that
570	570	the material is free from factual error and suitable for the subject
571	571	and grade level for which the material is designed, and, if the
572	572	material is intended to cover the foundational skills reading
573	573	curriculum in kindergarten through third grade, does not include
574	574	three-cueing, as defined by Section 28.0062(a-1). The board shall
575	575	add each material approved under this section to a list of approved
576	576	instructional materials and may add a material not approved under
577	577	this section to a list of rejected instructional materials [for
578	578	elementary grade levels, including prekindergarten, and secondary
579	579	grade levels, for each subject in the required curriculum under
580	580	Section 28.002. In adopting the cycle, the board:
581	581	[(1) is not required to review and adopt instructional
582	582	materials for all grade levels in a single year; and
583	583	[(2) shall give priority to instructional materials in
584	584	the following subjects:
585	585	[(A) foundation curriculum subjects for which
586	586	the essential knowledge and skills have been substantially revised
587	587	and for which assessment instruments are required under Subchapter
588	588	B, Chapter 39, including career and technology courses that satisfy
589	589	foundation curriculum requirements as provided by Section
590	590	28.002(n);
591	591	[(B) foundation curriculum subjects for which
592	592	the essential knowledge and skills have been substantially revised,
593	593	including career and technology courses that satisfy foundation
594	594	curriculum requirements as provided by Section 28.002(n);
595	595	[(C) foundation curriculum subjects not
596	596	described by Paragraph (A) or (B), including career and technology
597	597	courses that satisfy foundation curriculum requirements as
598	598	provided by Section 28.002(n); and
599	599	[(D) enrichment curriculum subjects].
600	600	(b) [The board shall organize the cycle for subjects in the
601	601	foundation curriculum so that not more than one-fourth of the
602	602	instructional materials for subjects in the foundation curriculum
603	603	are reviewed each biennium.] The State Board of Education may adopt
604	604	criteria necessary for approval of instructional material under
605	605	Subsection (a) and may require:
606	606	(1) all instructional material submitted as full
607	607	subject tier one instructional material to cover a minimum
608	608	percentage, as determined by the board, of the essential knowledge
609	609	and skills adopted for the subject and grade level for which the
610	610	material is designed;
611	611	(2) electronic samples of the material;
612	612	(3) certain physical specifications;
613	613	(4) the instructional material to not contain obscene
614	614	or harmful content and otherwise be compatible with certification
615	615	requirements under Section 31.1011(a)(1)(B); and
616	616	(5) the instructional material to be made publicly
617	617	available for review [board shall adopt rules to provide for a full
618	618	and complete investigation of instructional materials for each
619	619	subject in the foundation curriculum every eight years. The
620	620	adoption of instructional materials for a subject in the foundation
621	621	curriculum may be extended beyond the eight-year period only if the
622	622	content of instructional materials for a subject is sufficiently
623	623	current].
624	624	(c) The State Board of Education may remove instructional
625	625	material from the list of approved instructional materials under
626	626	this section if the essential knowledge and skills intended to be
627	627	covered by the material are revised or the material is revised
628	628	without the approval of the board [board shall adopt rules to
629	629	provide for a full and complete investigation of instructional
630	630	materials for each subject in the enrichment curriculum on a cycle
631	631	the board considers appropriate].
632	632	(c-1) If the State Board of Education intends to remove an
633	633	instructional material from the list of approved instructional
634	634	materials under Subsection (c) because the board plans to revise
635	635	the essential knowledge and skills intended to be covered by the
636	636	material, the board shall issue a proclamation requesting the
637	637	revision of the applicable instructional materials and shall, not
638	638	later than December 1 of the year preceding the school year for
639	639	which the revision will take effect, provide to each school
640	640	district the updated list of approved instructional materials for
641	641	the relevant subject or grade level.
642	642	(d) The State Board of Education shall indicate whether each
643	643	instructional material reviewed under Subsection (a) is capable of
644	644	being made available through an instructional materials parent
645	645	portal established under Section 31.154 [At least 12 months before
646	646	the beginning of the school year for which instructional materials
647	647	for a particular subject and grade level will be adopted under the
648	648	review and adoption cycle, the board shall publish notice of the
649	649	review and adoption cycle for those instructional materials. A
650	650	request for production must allow submission of open education
651	651	resource instructional materials that are available for use by the
652	652	state without charge on the same basis as instructional materials
653	653	offered for sale].
654	654	SECTION 23. Section 31.023, Education Code, is amended to
655	655	read as follows:
656	656	Sec. 31.023. INSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)
657	657	The commissioner shall establish, in consultation with and with the
658	658	approval of the State Board of Education, a process for the annual
659	659	review of instructional materials by the agency. The process
660	660	established under this subsection must:
661	661	(1) establish a process for the agency to select
662	662	instructional materials for review that includes:
663	663	(A) evaluating requests for review of
664	664	instructional materials submitted to the agency by:
665	665	(i) a school district;
666	666	(ii) a majority of the members of the State
667	667	Board of Education; or
668	668	(iii) a publisher of instructional
669	669	material, which may only be submitted for material published by the
670	670	requesting publisher;
671	671	(B) requiring the agency to review materials if
672	672	the State Board of Education requests by a majority vote that the
673	673	material be reviewed by the agency;
674	674	(C) reviewing instructional materials
675	675	requisitioned or purchased under Section 31.0212; and
676	676	(D) reviewing instructional materials using a
677	677	time frame appropriate for the proclamation requesting the revision
678	678	of the instructional materials under Section 31.022(c-1) to address
679	679	revisions made by the State Board of Education to the essential
680	680	knowledge and skills for a particular subject or grade level;
681	681	(2) describe the types of instructional materials the
682	682	agency may review, including:
683	683	(A) partial subject tier one instructional
684	684	material, including those designed for use in the phonics
685	685	curriculum required under Section 28.0062(a)(1);
686	686	(B) open education resource instructional
687	687	material;
688	688	(C) instructional materials developed by a
689	689	school district and submitted to the agency by the district for
690	690	review; and
691	691	(D) commercially available full subject tier one
692	692	instructional material;
693	693	(3) establish procedures for the agency to conduct
694	694	reviews of instructional materials, including:
695	695	(A) the use of a rubric approved under Subsection
696	696	(b); and
697	697	(B) consultation with classroom teachers and
698	698	other curriculum experts for the appropriate subject and grade
699	699	level; and
700	700	(4) ensure the procedures for review allow the agency
701	701	to review at least 200 individual instructional materials each year
702	702	[For each subject and grade level, the State Board of Education
703	703	shall adopt a list of instructional materials. The list includes
704	704	each instructional material submitted for the subject and grade
705	705	level that meets applicable physical specifications adopted by the
706	706	State Board of Education and contains material covering at least
707	707	half of the elements of the essential knowledge and skills of the
708	708	subject and grade level in the student version of the instructional
709	709	material, as well as in the teacher version of the instructional
710	710	material, as determined by the State Board of Education under
711	711	Section 28.002 and adopted under Section 31.024].
712	712	[(a-1) The State Board of Education shall determine the
713	713	percentage of the elements of the essential knowledge and skills of
714	714	the subject and grade level covered by each instructional material
715	715	submitted. The board's determination under this subsection is
716	716	final.]
717	717	(b) In conducting a review under this section, the agency
718	718	must use a rubric developed by the agency in consultation with and
719	719	approved by the State Board of Education that includes, with
720	720	respect to the instructional material being reviewed, a
721	721	determination of:
722	722	(1) whether the material is free from factual error
723	723	and satisfies the criteria adopted by the board under Section
724	724	31.022;
725	725	(2) the quality of the material;
726	726	(3) the essential knowledge and skills for the subject
727	727	and grade level for which the material was developed that are
728	728	covered by the material, including identification of:
729	729	(A) each essential knowledge and skill covered by
730	730	the material;
731	731	(B) for a full subject tier one instructional
732	732	material, the percentage of the essential knowledge and skills
733	733	adopted for the subject and grade level covered by the material; and
734	734	(C) for a partial subject tier one instructional
735	735	material, the percentage of the essential knowledge and skills for
736	736	the relevant portion of the subject and grade level covered by the
737	737	material; and
738	738	(4) whether the material contains obscene or harmful
739	739	content or is otherwise incompatible with certification
740	740	requirements under Section 31.1011(a)(1)(B) [Each instructional
741	741	material on the list must be:
742	742	[(1) free from factual errors;
743	743	[(2) suitable for the subject and grade level for
744	744	which the instructional material was submitted; and
745	745	[(3) reviewed by academic experts in the subject and
746	746	grade level for which the instructional material was submitted].
747	747	(c) After completing a review under this section, the agency
748	748	shall provide the results of the review and any related
749	749	recommendations to the State Board of Education for approval or
750	750	rejection of the instructional material and the inclusion of the
751	751	instructional material on a list maintained by the State Board of
752	752	Education under Section 31.022.
753	753	(d) The agency shall use funds appropriated to the agency
754	754	for the purposes of reviewing instructional material or available
755	755	in the state instructional materials and technology fund for
756	756	purposes of implementing this section.
757	757	(e) A process established under Subsection (a) or a rubric
758	758	developed under Subsection (b) is automatically approved by the
759	759	State Board of Education if not rejected by the board before the
760	760	91st day after the date the agency submits the item to the board.
761	761	SECTION 24. Subchapter B, Chapter 31, Education Code, is
762	762	amended by adding Sections 31.025, 31.0251, and 31.0252 to read as
763	763	follows:
764	764	Sec. 31.025. INSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)
765	765	The agency shall develop and maintain an instructional material
766	766	Internet website to assist school districts in locating and
767	767	selecting instructional material.
768	768	(b) For each instructional material included, the Internet
769	769	website developed and maintained under this section shall provide:
770	770	(1) the price of the material;
771	771	(2) the technological requirements needed to use the
772	772	material;
773	773	(3) the results of an agency review of the material
774	774	conducted under Section 31.023;
775	775	(4) a statement of whether the material is included on
776	776	the list of approved instructional materials maintained by the
777	777	State Board of Education under Section 31.022 or has been rejected
778	778	by the board; and
779	779	(5) any other information the agency determines
780	780	relevant to a school district's selection of instructional
781	781	material.
782	782	(c) The Internet website developed and maintained under
783	783	this section must include the repository of open education resource
784	784	instructional material required by Section 31.0722.
785	785	(d) The agency shall use funds appropriated to the agency
786	786	for the purposes of reviewing instructional material or available
787	787	in the state instructional materials and technology fund for
788	788	purposes of implementing this section.
789	789	Sec. 31.0251. INSTRUCTIONAL MATERIAL SUPPORT. (a) On
790	790	request of a school district, the agency shall provide the district
791	791	assistance in evaluating, adopting, or using instructional
792	792	materials.
793	793	(b) Except as otherwise provided, the agency may not require
794	794	a school district to adopt or otherwise use instructional material
795	795	reviewed by the agency under Section 31.023 or included on the list
796	796	of approved instructional materials maintained by the State Board
797	797	of Education under Section 31.022.
798	798	Sec. 31.0252. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
799	799	MATERIAL. (a) The agency shall develop standards in consultation
800	800	with stakeholders, including educators, by which a school district
801	801	may conduct a review of instructional materials used by a classroom
802	802	teacher in a foundation curriculum course under Section
803	803	28.002(a)(1) to determine the degree to which the material:
804	804	(1) corresponds with the instructional materials
805	805	adopted by the school district or district campus; and
806	806	(2) meets the level of rigor of the essential
807	807	knowledge and skills adopted under Section 28.002 for the grade
808	808	level in which it is being used.
809	809	(b) The agency shall develop a rubric, approved by the State
810	810	Board of Education, to determine if reviewed instructional material
811	811	complies with the rigor requirements described by Subsection
812	812	(a)(2).
813	813	(c) The agency, in developing standards under Subsection
814	814	(a):
815	815	(1) shall minimize, to the extent possible, the time a
816	816	classroom teacher is required to spend complying with a review
817	817	conducted under this section;
818	818	(2) may not, unless unavoidable, require a teacher to
819	819	spend more than 30 minutes on a single review conducted under this
820	820	section; and
821	821	(3) may not authorize the review of instructional
822	822	materials used by a classroom teacher for a specific subject or
823	823	grade level at a specific school district campus more than once per
824	824	school year.
825	825	(d) The agency shall permit a regional education service
826	826	center or a curriculum review service provider approved by the
827	827	agency to conduct the review for a school district under this
828	828	section and provide to approved centers and providers training
829	829	relating to appropriately conducting the review.
830	830	(e) The agency shall award grants to assist school districts
831	831	in conducting reviews under this section.
832	832	SECTION 25. Sections 31.026(a) and (b), Education Code, are
833	833	amended to read as follows:
834	834	(a) The State Board of Education may [shall] execute a
835	835	contract for the purchase or licensing of each adopted
836	836	instructional material.
837	837	(b) A contract must require the publisher to provide the
838	838	number of instructional materials required by school districts in
839	839	this state for the term of the contract[, which must coincide with
840	840	the board's adoption cycle].
841	841	SECTION 26. The heading to Subchapter B-1, Chapter 31,
842	842	Education Code, is amended to read as follows:
843	843	SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE
844	844	INSTRUCTIONAL MATERIALS
845	845	SECTION 27. Subchapter B-1, Chapter 31, Education Code, is
846	846	amended by adding Section 31.0701 to read as follows:
847	847	Sec. 31.0701. REFERENCES TO STATE-DEVELOPED OPEN EDUCATION
848	848	RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a
849	849	state-developed open education resource instructional material
850	850	means an open education resource instructional material, as defined
851	851	by Section 31.002.
852	852	SECTION 28. Section 31.071, Education Code, is amended to
853	853	read as follows:
854	854	Sec. 31.071. AVAILABILITY OF OPEN EDUCATION RESOURCE
855	855	INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner
856	856	shall ensure that [may purchase state-developed] open education
857	857	resource instructional materials are available for use by school
858	858	districts in accordance with this subchapter.
859	859	(b) To ensure the availability of open education resource
860	860	instructional materials under Subsection (a), the [The]
861	861	commissioner may:
862	862	(1) purchase a license authorizing the use of [shall
863	863	purchase any state-developed] open education resource
864	864	instructional materials in a manner that complies with all
865	865	applicable state laws and rules relating to procurement by a state
866	866	agency [through a competitive process];
867	867	(2) purchase or otherwise acquire ownership of open
868	868	education resource instructional materials;
869	869	(3) develop open education resource instructional
870	870	materials;
871	871	(4) adopt open education resource instructional
872	872	materials; or
873	873	(5) use any combination of the methods described by
874	874	Subdivisions (1), (2), (3), and (4) to acquire open education
875	875	resource instructional materials.
876	876	(b-1) The commissioner [and
877	877	[(2)] may make available [purchase] more than one
878	878	[state-developed] open education resource instructional material
879	879	for a subject or grade level.
880	880	(b-2) The commissioner shall:
881	881	(1) to the extent practicable, ensure full subject
882	882	tier one instructional materials are available as open education
883	883	resource instructional material for:
884	884	(A) English language arts and mathematics
885	885	courses in kindergarten through grade eight;
886	886	(B) prekindergarten, in subject areas related to
887	887	English language arts and mathematics; and
888	888	(C) all foundation curriculum courses in
889	889	kindergarten through grade five in a manner that permits the
890	890	instruction of the content to be provided:
891	891	(i) in an integrated manner; and
892	892	(ii) for approximately 240 minutes of
893	893	instructional time per day, including time needed each day for
894	894	accelerated instruction under Section 28.0211; and
895	895	(2) ensure open education resource instructional
896	896	materials are available to all students, parents, classroom
897	897	teachers, and school districts in this state free of charge, except
898	898	for a fee for the printing or shipping of the material.
899	899	(c) Except as provided by Section 31.0711, an [a
900	900	state-developed] open education resource instructional material
901	901	must be licensed to this state under an intellectual property
902	902	license that allows for free use, reuse, modification, or sharing
903	903	with others as described by Section 31.07101 [irrevocably owned by
904	904	the state. The state must have unlimited authority to modify,
905	905	delete, combine, or add content to the instructional material after
906	906	purchase].
907	907	(d) [The commissioner may issue a request for proposals for
908	908	state-developed open education resource instructional material:
909	909	[(1) in accordance with the instructional material
910	910	review and adoption cycle under Section 31.022; or
911	911	[(2) at any other time the commissioner determines
912	912	that a need exists for additional instructional material options.
913	913	[(e)] The costs of administering this subchapter and
914	914	ensuring the availability of [purchasing state-developed] open
915	915	education resource instructional materials shall be paid from funds
916	916	appropriated for the purpose and the state instructional materials
917	917	and technology fund, as determined by the commissioner.
918	918	SECTION 29. Subchapter B-1, Chapter 31, Education Code, is
919	919	amended by adding Section 31.07101 to read as follows:
920	920	Sec. 31.07101. FREE USE, REUSE, MODIFICATION, OR SHARING
921	921	LICENSE. (a) Instructional material is licensed to this state
922	922	under an intellectual property license that allows for free use,
923	923	reuse, modification, or sharing with others if the license:
924	924	(1) is irrevocable and perpetual;
925	925	(2) permits the state to sublicense the material;
926	926	(3) authorizes the use of the material by any person in
927	927	any location permitted by the terms of the original license, if
928	928	applicable;
929	929	(4) authorizes access, use, transmission, adaptation,
930	930	public display, public performance, public distribution, and
931	931	copying of the material; and
932	932	(5) authorizes the creation of derivative works as
933	933	permitted by the terms of the original license, if applicable.
934	934	(b) Instructional material licensed to this state under an
935	935	intellectual property license that is restricted to noncommercial
936	936	or educational use qualifies under this subchapter as instructional
937	937	material licensed to this state under a license that allows for free
938	938	use, reuse, modification, or sharing with others.
939	939	SECTION 30. Section 31.0711, Education Code, is amended to
940	940	read as follows:
941	941	Sec. 31.0711. CONTENT NOT OWNED BY STATE. Open education
942	942	resource instructional [Instructional] material made available
943	943	[purchased] under this subchapter may include content not owned by
944	944	the state and for which preexisting rights may exist if the content:
945	945	(1) is in the public domain;
946	946	(2) may be used under a limitation or exception to
947	947	copyright law, including a limitation under Section 107, Copyright
948	948	Act of 1976 (17 U.S.C. Section 107); [or]
949	949	(3) has been made available by the copyright owner
950	950	under a Creative Commons license or another intellectual property
951	951	license that allows for free use, reuse, modification, or sharing
952	952	as described by Section 31.07101; or
953	953	(4) is licensed to the state under another [a] license
954	954	that:
955	955	(A) grants access to and allows for use of the
956	956	material by students, teachers, educators, and other education
957	957	professionals [the state unlimited authority to modify, delete,
958	958	combine, or add content];
959	959	(B) permits access, use, public display, public
960	960	performance, public distribution, and copying of the material for
961	961	noncommercial or educational purposes [the free use and repurposing
962	962	of the material by any person or entity]; and
963	963	(C) is for a term of use acceptable to the
964	964	commissioner to ensure a useful life of the material.
965	965	SECTION 31. Subchapter B-1, Chapter 31, Education Code, is
966	966	amended by adding Section 31.0712 to read as follows:
967	967	Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The
968	968	agency shall establish an open education resource advisory board to
969	969	ensure that open education resource instructional materials made
970	970	available under this subchapter are:
971	971	(1) of the highest quality;
972	972	(2) aligned with the essential knowledge and skills
973	973	adopted by the State Board of Education under Section 28.002 for the
974	974	applicable subject and grade level;
975	975	(3) suitable for the age of students at the grade level
976	976	for which the materials are developed;
977	977	(4) free from bias and factual error; and
978	978	(5) in compliance with Section 28.0022.
979	979	SECTION 32. Section 31.072, Education Code, is amended to
980	980	read as follows:
981	981	Sec. 31.072. CONTENT REQUIREMENTS. (a) Before being made
982	982	available under this subchapter, [State-developed] open education
983	983	resource instructional material must[:
984	984	[(1)] be evaluated by:
985	985	(1) teachers or other experts, as determined by the
986	986	commissioner[, before purchase]; and
987	987	(2) parents of students in this state [meet the
988	988	requirements for inclusion on the instructional material list
989	989	adopted under Section 31.023].
990	990	(b) Based on feedback received by the agency from teachers,
991	991	parents, and other experts regarding open education resource
992	992	instructional materials made available under this subchapter, the
993	993	[Following a curriculum revision by the State Board of Education,
994	994	the commissioner shall require the revision of state-developed open
995	995	education resource instructional material relating to that
996	996	curriculum. The] commissioner may, at any time, require an
997	997	additional revision of the [state-developed open education
998	998	resource instructional] material [or contract for ongoing
999	999	revisions of state-developed open education resource instructional
1000	1000	material for a period not to exceed the period under Section 31.022
1001	1001	for which instructional material for that subject and grade level
1002	1002	may be adopted. The commissioner shall use a competitive process to
1003	1003	request proposals to revise state-developed open education
1004	1004	resource instructional material under this subsection].
1005	1005	SECTION 33. Subchapter B-1, Chapter 31, Education Code, is
1006	1006	amended by adding Section 31.0721 to read as follows:
1007	1007	Sec. 31.0721. REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE
1008	1008	INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),
1009	1009	open education resource instructional material may not be made
1010	1010	available under this subchapter to students, teachers, educators,
1011	1011	or other education professionals before being reviewed by the
1012	1012	agency under Section 31.023 and included on the list of approved
1013	1013	instructional materials maintained by the State Board of Education
1014	1014	under Section 31.022.
1015	1015	(b) The agency may make open education resource
1016	1016	instructional material available to a limited number of classroom
1017	1017	teachers for a limited time before the material is reviewed by the
1018	1018	agency under Section 31.023 and included on the list of approved
1019	1019	instructional materials maintained by the State Board of Education
1020	1020	under Section 31.022 to assist in developing or testing the quality
1021	1021	of the material. A school district may only use unreviewed material
1022	1022	made available under this subsection in a grade level in which the
1023	1023	material has not been used previously if:
1024	1024	(1) the board of trustees of the district approves the
1025	1025	use of the unreviewed material; and
1026	1026	(2) the district provides evidence to the agency
1027	1027	showing that classroom teachers support the use of the material.
1028	1028	(c) Except as provided by Subsection (b), open education
1029	1029	resource instructional materials made available under this section
1030	1030	may not remain available once amended or modified unless the
1031	1031	material as amended or modified is reviewed under Section 31.023
1032	1032	and included on the list of approved instructional materials
1033	1033	maintained by the State Board of Education under Section 31.022.
1034	1034	SECTION 34. Section 31.083, Education Code, is transferred
1035	1035	to Subchapter B-1, Chapter 31, Education Code, redesignated as
1036	1036	Section 31.0722, Education Code, and amended to read as follows:
1037	1037	Sec. 31.0722 [31.083]. OPEN EDUCATION RESOURCE
1038	1038	INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall
1039	1039	include in the Internet website [web portal] developed under
1040	1040	Section 31.025 [31.081] a repository of open education resource
1041	1041	instructional materials, including open education resource
1042	1042	instructional materials made available under Section 31.0721(b),
1043	1043	and other electronic instructional materials that school districts
1044	1044	and open-enrollment charter schools may access at no cost.
1045	1045	(b) The repository under Subsection (a) must:
1046	1046	(1) comply with the requirements of Section 31.154;
1047	1047	and
1048	1048	(2) allow a person to provide comments on open
1049	1049	education resource instructional material contained in the
1050	1050	repository to assist the agency in improving and updating the
1051	1051	material.
1052	1052	(c) The agency shall ensure that a person may order a print
1053	1053	copy of any open education resource instructional material included
1054	1054	in the repository that is reducible to print [A publisher may submit
1055	1055	instructional materials for inclusion in the repository].
1056	1056	SECTION 35. Sections 31.073 and 31.074, Education Code, are
1057	1057	amended to read as follows:
1058	1058	Sec. 31.073. SELECTION BY SCHOOL DISTRICT. (a) Except as
1059	1059	otherwise provided by this code, the commissioner may not require a
1060	1060	school district or open-enrollment charter school to adopt or use
1061	1061	an open education resource instructional material.
1062	1062	(c) A [Notwithstanding Section 31.022, a] school district
1063	1063	or open-enrollment charter school may adopt [state-developed] open
1064	1064	education resource instructional material at any time [, regardless
1065	1065	of the instructional material review and adoption cycle under that
1066	1066	section].
1067	1067	(d) A school district or open-enrollment charter school may
1068	1068	not be charged for a cost associated with the selection of an
1069	1069	[state-developed] open education resource instructional material,
1070	1070	except for the cost of printing copies of the material [in addition
1071	1071	to instructional material adopted under Subchapter B].
1072	1072	Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
1073	1073	provide for the distribution of [state-developed] open education
1074	1074	resource instructional materials in a manner consistent with
1075	1075	distribution of instructional materials approved [adopted] under
1076	1076	Subchapter B.
1077	1077	(b) The commissioner may use a competitive process to
1078	1078	contract for printing, [or] other reproduction, or storage of
1079	1079	[state-developed] open education resource instructional material
1080	1080	on behalf of a school district or open-enrollment charter school.
1081	1081	The commissioner may not require a school district or
1082	1082	open-enrollment charter school to contract with a state-approved
1083	1083	provider for the printing, [or] reproduction, or storage of
1084	1084	[state-developed] open education resource instructional material.
1085	1085	(c) The agency is not required to comply with Subchapters C
1086	1086	and D, Chapter 2052, Government Code, with regard to the printing or
1087	1087	reproduction of an open education resource instructional material
1088	1088	made available under this subchapter.
1089	1089	SECTION 36. The heading to Section 31.075, Education Code,
1090	1090	is amended to read as follows:
1091	1091	Sec. 31.075. STATE OWNERSHIP; LICENSING.
1092	1092	SECTION 37. Sections 31.075(a), (b), (c), (d), and (e),
1093	1093	Education Code, are amended to read as follows:
1094	1094	(a) Except as otherwise provided by this subchapter,
1095	1095	[State-developed] open education resource instructional material
1096	1096	is the property of the state.
1097	1097	(b) To encourage the use of instructional material
1098	1098	purchased by the state under this subchapter by school districts
1099	1099	and open-enrollment charter schools, the commissioner may [shall]
1100	1100	provide a license for the instructional material that [allows for
1101	1101	the free use, reuse, modification, or sharing of the material by any
1102	1102	person or entity.
1103	1103	[(c) The terms of a license provided by the commissioner
1104	1104	under this section]:
1105	1105	(1) requires [shall require] that a user who
1106	1106	reproduces the instructional material in any manner:
1107	1107	(A) except as provided by Subdivision (2)(A),
1108	1108	must keep all copyright notices for the material intact;
1109	1109	(B) except as provided by Subdivision (2)(A),
1110	1110	must attribute the authorship of the material to the agency or
1111	1111	another person specified by the commissioner;
1112	1112	(C) must indicate if the user has modified the
1113	1113	material;
1114	1114	(D) may not assert or imply any connection with
1115	1115	or sponsorship or endorsement by the agency or this state, unless
1116	1116	authorized by the commissioner; and
1117	1117	(E) to the extent reasonably practicable, must
1118	1118	provide in any product or derivative material a uniform resource
1119	1119	identifier or hyperlink through which a person may obtain the
1120	1120	material free of charge;
1121	1121	(2) provides [must provide] that:
1122	1122	(A) the commissioner may request that a user
1123	1123	remove a copyright notice or attribution from the material and that
1124	1124	a user must comply with the request to the extent reasonably
1125	1125	practicable; and
1126	1126	(B) the rights granted under the license to a
1127	1127	user are automatically terminated if the user fails to comply with
1128	1128	the terms of the license; and
1129	1129	(3) includes [may include] any additional terms
1130	1130	determined by the commissioner.
1131	1131	(d) The commissioner may exempt a license under this section
1132	1132	from including one or more of the requirements under Subsection
1133	1133	(b)(1) [(c)(1)].
1134	1134	(e) The commissioner shall determine what is considered
1135	1135	reasonably practicable for purposes of Subsections (b)(1)(E)
1136	1136	[(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].
1137	1137	SECTION 38. Subchapter B-1, Chapter 31, Education Code, is
1138	1138	amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as
1139	1139	follows:
1140	1140	Sec. 31.0751. OPEN EDUCATION RESOURCE INSTRUCTIONAL
1141	1141	MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection
1142	1142	(c), to qualify for additional state aid under Section 48.308 the
1143	1143	board of trustees of a school district must adopt an open education
1144	1144	resource instructional material transition plan to assist
1145	1145	classroom teachers in the district who will be using an open
1146	1146	education resource instructional material in a specific subject or
1147	1147	grade level for which the teacher has not previously used an open
1148	1148	education resource instructional material.
1149	1149	(b) A plan adopted under this section must ensure that open
1150	1150	education resource instructional materials are used in a manner
1151	1151	that maintains the instructional flexibility of a classroom teacher
1152	1152	to address the needs of each student.
1153	1153	(c) A school district that participates in the program
1154	1154	developed and maintained by the agency under Section 31.0752 is not
1155	1155	required to adopt a transition plan under this section.
1156	1156	Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL
1157	1157	MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a
1158	1158	program to assist school districts and open-enrollment charter
1159	1159	schools in adopting and using open education resource instructional
1160	1160	material made available under this subchapter, including by
1161	1161	assisting districts and schools to:
1162	1162	(1) maintain the instructional flexibility of
1163	1163	classroom teachers to address the needs of each student; and
1164	1164	(2) schedule instructional periods in a manner that
1165	1165	allows classroom teachers sufficient time to effectively prepare
1166	1166	and present instructional material within the teacher's normal work
1167	1167	day.
1168	1168	Sec. 31.0753. TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.
1169	1169	The agency shall develop and maintain a program to assist educator
1170	1170	preparation programs in implementing Section 21.044(a-1)(4).
1171	1171	SECTION 39. Section 31.076(b), Education Code, is amended
1172	1172	to read as follows:
1173	1173	(b) A decision made by the commissioner under this
1174	1174	subchapter [regarding the purchase, revision, cost, licensing, or
1175	1175	distribution of state-developed open education resource
1176	1176	instructional material] is final and may not be appealed.
1177	1177	SECTION 40. Section 31.004, Education Code, is transferred
1178	1178	to Subchapter C, Chapter 31, Education Code, redesignated as
1179	1179	Section 31.1011, Education Code, and amended to read as follows:
1180	1180	Sec. 31.1011 [31.004]. CERTIFICATION OF PROVISION OF
1181	1181	INSTRUCTIONAL MATERIALS. (a) Each school district and
1182	1182	open-enrollment charter school shall annually certify to the State
1183	1183	Board of Education and the commissioner that:
1184	1184	(1) [,] for each subject in the required curriculum
1185	1185	under Section 28.002, other than physical education, and each grade
1186	1186	level, the district or school:
1187	1187	(A) provides each student with instructional
1188	1188	materials that cover all elements of the essential knowledge and
1189	1189	skills adopted by the State Board of Education for that subject and
1190	1190	grade level; and
1191	1191	(B) in the provision of instructional materials,
1192	1192	protects students from obscene or harmful content as necessary for
1193	1193	compliance with:
1194	1194	(i) the Children's Internet Protection Act
1195	1195	(Pub. L. No. 106-554);
1196	1196	(ii) Section 28.0022;
1197	1197	(iii) Section 43.22, Penal Code; and
1198	1198	(iv) any other law or regulation that
1199	1199	protects students from obscene or harmful content; and
1200	1200	(2) the district or school used money allocated to the
1201	1201	district or school under the instructional materials and technology
1202	1202	allotment only for purposes allowed under Section 31.0211.
1203	1203	(b) To determine whether each student has instructional
1204	1204	materials that cover all elements of the essential knowledge and
1205	1205	skills as required by Subsection (a), a school district or
1206	1206	open-enrollment charter school may consider:
1207	1207	(1) instructional materials adopted by the State Board
1208	1208	of Education;
1209	1209	(2) [materials adopted or purchased by the
1210	1210	commissioner under Section 31.0231 or Subchapter B-1;
1211	1211	[(3) open education resource instructional materials
1212	1212	submitted by eligible institutions and adopted by the State Board
1213	1213	of Education under Section 31.0241;
1214	1214	[(4) open education resource instructional materials
1215	1215	made available by other public schools;
1216	1216	[(5)] instructional materials developed, [or]
1217	1217	purchased, or otherwise acquired by the school district or
1218	1218	open-enrollment charter school; and
1219	1219	(3) [(6)] open education resource instructional
1220	1220	materials and other electronic instructional materials included in
1221	1221	the repository under Section 31.0722 [31.083].
1222	1222	SECTION 41. Subchapter C, Chapter 31, Education Code, is
1223	1223	amended by adding Section 31.1012 to read as follows:
1224	1224	Sec. 31.1012. REPORT TO AGENCY. Each school district shall
1225	1225	annually report to the agency information regarding the
1226	1226	instructional materials used by the district during the previous
1227	1227	school year, including the cost of each material, to assist the
1228	1228	agency in ensuring compliance with Section 31.151(a).
1229	1229	SECTION 42. The heading to Section 31.102, Education Code,
1230	1230	is amended to read as follows:
1231	1231	Sec. 31.102. TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.
1232	1232	SECTION 43. Section 31.102, Education Code, is amended by
1233	1233	adding Subsection (d) to read as follows:
1234	1234	(d) A school district is not required to use a method
1235	1235	provided by Section 44.031(a) to purchase instructional materials
1236	1236	that have been reviewed by the agency under Section 31.023 and
1237	1237	included on the list of approved instructional materials maintained
1238	1238	by the State Board of Education under Section 31.022.
1239	1239	SECTION 44. Section 31.103(c), Education Code, is amended
1240	1240	to read as follows:
1241	1241	(c) In making a requisition under this section, a school
1242	1242	district or open-enrollment charter school may requisition
1243	1243	instructional materials [on the list adopted under Section 31.023]
1244	1244	for grades above the grade level in which a student is enrolled.
1245	1245	SECTION 45. Section 31.151, Education Code, is amended by
1246	1246	amending Subsection (a) and adding Subsection (a-1) to read as
1247	1247	follows:
1248	1248	(a) A publisher or manufacturer of instructional materials:
1249	1249	(1) shall furnish any instructional material the
1250	1250	publisher or manufacturer offers in this state at a price that does
1251	1251	not exceed the lowest price at which the publisher offers that
1252	1252	instructional material for adoption or sale to any state, public
1253	1253	school, or school district in the United States;
1254	1254	(2) shall automatically reduce the price of
1255	1255	instructional material sold for use in a school district or
1256	1256	open-enrollment charter school to the extent that the price is
1257	1257	reduced elsewhere in the United States;
1258	1258	(3) shall provide any instructional material or
1259	1259	ancillary item free of charge in this state to the same extent that
1260	1260	the publisher or manufacturer provides the instructional material
1261	1261	or ancillary item free of charge to any state, public school, or
1262	1262	school district in the United States;
1263	1263	(4) shall guarantee that each copy of instructional
1264	1264	material sold in this state is at least equal in quality to copies
1265	1265	of that instructional material sold elsewhere in the United States
1266	1266	and is free from factual error;
1267	1267	(5) may not become associated or connected with,
1268	1268	directly or indirectly, any combination in restraint of trade in
1269	1269	instructional materials or enter into any understanding or
1270	1270	combination to control prices or restrict competition in the sale
1271	1271	of instructional materials for use in this state;
1272	1272	(6) shall deliver instructional materials to a
1273	1273	school district or open-enrollment charter school;
1274	1274	(7) shall, at the time an order for instructional
1275	1275	materials is acknowledged, provide to school districts or
1276	1276	open-enrollment charter schools an accurate shipping date for
1277	1277	instructional materials that are back-ordered;
1278	1278	(8) shall guarantee delivery of instructional
1279	1279	materials at least 10 business days before the opening day of school
1280	1280	of the year for which the instructional materials are ordered if the
1281	1281	instructional materials are ordered by a date specified in the
1282	1282	sales contract; [and]
1283	1283	(9) shall submit to the State Board of Education an
1284	1284	affidavit certifying any instructional material the publisher or
1285	1285	manufacturer offers in this state to be free of factual errors at
1286	1286	the time the publisher executes the contract required by Section
1287	1287	31.026; and
1288	1288	(10) shall comply with all other standard terms and
1289	1289	conditions adopted by the State Board of Education for use in
1290	1290	contracts for the procurement of instructional materials under
1291	1291	Subsection (a-1).
1292	1292	(a-1) The State Board of Education shall adopt standard
1293	1293	terms and conditions for use in contracts for the procurement of
1294	1294	instructional materials from publishers and manufacturers under
1295	1295	this section.
1296	1296	SECTION 46. Subchapter D, Chapter 31, Education Code, is
1297	1297	amended by adding Section 31.154 to read as follows:
1298	1298	Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
1299	1299	The State Board of Education shall adopt standards for entities
1300	1300	that supply instructional materials reviewed by the agency under
1301	1301	Section 31.023 to make instructional materials supplied by the
1302	1302	entity available on a parent portal hosted by the entity.
1303	1303	(b) An instructional materials parent portal must:
1304	1304	(1) provide to each parent of a student enrolled in a
1305	1305	school district or open-enrollment charter school access to
1306	1306	instructional materials, other than tests or exams, that are
1307	1307	included in the portal and used by the district or school;
1308	1308	(2) organize instructional material by unit and in the
1309	1309	order in which the material is designed to be used;
1310	1310	(3) be capable of being searched by key word; and
1311	1311	(4) for instructional material not available in a
1312	1312	digital format, contain sufficient information to allow a parent to
1313	1313	locate a physical copy of the material.
1314	1314	(c) Standards adopted under Subsection (a) may not require:
1315	1315	(1) a classroom teacher to submit instructional
1316	1316	materials developed by the teacher for inclusion in an
1317	1317	instructional materials parent portal; or
1318	1318	(2) an entity hosting an instructional materials
1319	1319	parent portal to include tests or exams in the portal.
1320	1320	(d) To comply with an intellectual property license or other
1321	1321	restrictions placed on an instructional material and to maintain
1322	1322	security of the information contained in an instructional materials
1323	1323	parent portal under this section, a parent may be required, before
1324	1324	accessing the portal, to:
1325	1325	(1) enter a password;
1326	1326	(2) comply with other user access verification
1327	1327	procedures; and
1328	1328	(3) accept user terms and conditions, which may not
1329	1329	limit or exclude access to instructional material based on the uses
1330	1330	of the material that would otherwise be permitted under fair use
1331	1331	provisions of copyright law.
1332	1332	(e) An entity that hosts an instructional materials parent
1333	1333	portal must comply with requests regarding parental access to the
1334	1334	portal made by a school district in compliance with this section or
1335	1335	Section 26.006.
1336	1336	SECTION 47. Section 33.004(b), Education Code, is amended
1337	1337	to read as follows:
1338	1338	(b) Each school, before implementing a comprehensive school
1339	1339	counseling program under Section 33.005, shall annually conduct a
1340	1340	preview of the program for parents and guardians. All materials,
1341	1341	including curriculum to be used during the year that is not
1342	1342	available digitally through an instructional materials parent
1343	1343	portal under Section 31.154, must be available for a parent or
1344	1344	guardian to preview during school hours. Materials or curriculum
1345	1345	not included in the materials on an instructional materials parent
1346	1346	portal or available on the campus for preview may not be used.
1347	1347	SECTION 48. Section 48.277(b), Education Code, is amended
1348	1348	to read as follows:
1349	1349	(b) For purposes of calculating maintenance and operations
1350	1350	revenue under Subsection (a), the commissioner shall:
1351	1351	(1) for purposes of Subsections (a)(1) and (2), use
1352	1352	the following applicable school year:
1353	1353	(A) in a school year ending in an even-numbered
1354	1354	year, the 2019-2020 school year; and
1355	1355	(B) in a school year ending in an odd-numbered
1356	1356	year, the 2019-2020 or 2020-2021 school year, whichever is greater;
1357	1357	(2) include all state and local funding, except for
1358	1358	any funding resulting from:
1359	1359	(A) reimbursement for disaster remediation costs
1360	1360	under former Sections 41.0931 and 42.2524;
1361	1361	(B) an adjustment for rapid decline in taxable
1362	1362	value of property under former Section 42.2521; [and]
1363	1363	(C) an adjustment for property value affected by
1364	1364	a state of disaster under former Section 42.2523; and
1365	1365	(D) additional state aid under Section 48.307 or
1366	1366	48.308;
1367	1367	(3) adjust the calculation to reflect a reduction in
1368	1368	tax effort by a school district; and
1369	1369	(4) if a school district or open-enrollment charter
1370	1370	school receives a waiver relating to eligibility requirements for
1371	1371	the national free or reduced-price lunch program under 42 U.S.C.
1372	1372	Section 1751 et seq., use the numbers of educationally
1373	1373	disadvantaged students on which the district's or school's
1374	1374	entitlement to compensatory education funds was based for the
1375	1375	school year before the school year in which the district or school
1376	1376	received the waiver, adjusted for estimated enrollment growth.
1377	1377	SECTION 49. Subchapter G, Chapter 48, Education Code, is
1378	1378	amended by adding Sections 48.307 and 48.308 to read as follows:
1379	1379	Sec. 48.307. ADDITIONAL STATE AID FOR STATE-APPROVED
1380	1380	INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the
1381	1381	district, a school district is entitled to additional state aid for
1382	1382	each school year in an amount equal to $40, or a greater amount
1383	1383	provided by appropriation, to procure instructional material that
1384	1384	has been:
1385	1385	(1) reviewed by the agency under Section 31.023;
1386	1386	(2) placed on the list of approved instructional
1387	1387	materials maintained by the State Board of Education under Section
1388	1388	31.022;
1389	1389	(3) designated by the State Board of Education under
1390	1390	Section 31.022 as being included or capable of being included in an
1391	1391	instructional materials parent portal under Section 31.154; and
1392	1392	(4) acquired from a publisher, manufacturer, or other
1393	1393	entity that has not been found to violate Section 31.151.
1394	1394	(b) A school district is entitled to the amount of state aid
1395	1395	provided by Subsection (a) each school year, regardless of whether
1396	1396	the district uses the amount during the school year for which the
1397	1397	amount was provided.
1398	1398	(c) Additional state aid provided under this section shall
1399	1399	be deposited to the credit of the district's instructional
1400	1400	materials and technology account maintained by the commissioner
1401	1401	under Section 31.0212 and may be accessed only for the procurement
1402	1402	of instructional materials in accordance with this section.
1403	1403	(d) Funds provided to a school district under this section
1404	1404	must be spent in compliance with the requirements for the use of
1405	1405	funds provided under this section and Section 31.0211.
1406	1406	Sec. 48.308. ADDITIONAL STATE AID FOR OPEN EDUCATION
1407	1407	RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751,
1408	1408	a school district is entitled to additional state aid for each
1409	1409	school year in an amount not to exceed $20 for each student for the
1410	1410	costs incurred or for which the district is obligated to pay during
1411	1411	the school year in which the aid is provided for the printing and
1412	1412	shipping of open education resource instructional material made
1413	1413	available under Subchapter B-1, Chapter 31.
1414	1414	(b) The amount to which a school district is entitled under
1415	1415	this section may not exceed actual costs incurred by the district or
1416	1416	for which the district is obligated to pay during the school year
1417	1417	for which the funds were provided.
1418	1418	(c) Additional state aid provided under this section shall
1419	1419	be deposited to the credit of the district's instructional
1420	1420	materials and technology account maintained by the commissioner
1421	1421	under Section 31.0212 and may be accessed only for the procurement
1422	1422	of instructional materials in accordance with this section.
1423	1423	(d) Funds provided to a school district under this section
1424	1424	must be spent in compliance with the requirements for the use of
1425	1425	funds provided under this section and Section 31.0211.
1426	1426	SECTION 50. Chapter 322, Government Code, is amended by
1427	1427	adding Section 322.0082 to read as follows:
1428	1428	Sec. 322.0082. INCLUSION OF CERTAIN EDUCATION FUNDS
1429	1429	REQUIRED. (a) The director shall include in the budget of
1430	1430	estimated appropriations prepared under Section 322.008(c):
1431	1431	(1) the amount set aside under Section 43.001(d),
1432	1432	Education Code, by the State Board of Education from the available
1433	1433	school fund for the state instructional materials and technology
1434	1434	fund established under Section 31.021, Education Code; and
1435	1435	(2) the amount that is remaining in the state
1436	1436	instructional materials and technology fund from the previous
1437	1437	fiscal biennium that is available for use by school districts and
1438	1438	open-enrollment charter schools.
1439	1439	(b) If the amount estimated to be appropriated for purposes
1440	1440	of the state instructional materials and technology fund for a
1441	1441	fiscal biennium is less than the amount set aside by the State Board
1442	1442	of Education under Section 43.001(d), Education Code, the director
1443	1443	shall provide with the budget an explanation of the difference,
1444	1444	including the amount of the difference and to what the additional
1445	1445	funds have been appropriated.
1446	1446	(c) An explanation provided under Subsection (b) shall be
1447	1447	included with the documents provided on the board's Internet
1448	1448	website under Section 322.0081.
1449	1449	SECTION 51. The following provisions of the Education Code
1450	1450	are repealed:
1451	1451	(1) Section 31.0213;
1452	1452	(2) Sections 31.022(d-1), (e), (f), (g), (h), and (i);
1453	1453	(3) Section 31.0221;
1454	1454	(4) Section 31.0231;
1455	1455	(5) Section 31.024;
1456	1456	(6) Section 31.0241;
1457	1457	(7) Section 31.0242;
1458	1458	(8) Section 31.0261;
1459	1459	(9) Section 31.035;
1460	1460	(10) the heading to Subchapter B-2, Chapter 31;
1461	1461	(11) Section 31.081;
1462	1462	(12) Section 31.082;
1463	1463	(13) Section 31.084;
1464	1464	(14) Section 31.101; and
1465	1465	(15) Section 31.151(e).
1466	1466	SECTION 52. To the extent of any conflict, this Act prevails
1467	1467	over another Act of the 88th Legislature, Regular Session, 2023,
1468	1468	relating to nonsubstantive additions to and corrections in enacted
1469	1469	codes.
1470	1470	SECTION 53. (a) A contract entered into under Section
1471	1471	31.026 or 31.151, Education Code, as amended by this Act, before the
1472	1472	effective date of this Act is governed by the law in effect on the
1473	1473	date the contract was entered into, and the former law is continued
1474	1474	in effect for that purpose.
1475	1475	(b) A contract entered into under Section 31.026 or 31.151,
1476	1476	Education Code, as amended by this Act, after the effective date of
1477	1477	this Act for a program called for by the State Board of Education
1478	1478	under Proclamation 2024 is governed by the law in effect on the date
1479	1479	the proclamation was issued, and the former law is continued in
1480	1480	effect for that purpose.
1481	1481	(c) Section 31.026, Education Code, as amended by this Act,
1482	1482	does not apply to the review of or a contract for the purchase or
1483	1483	licensing of instructional materials required by the State Board of
1484	1484	Education pursuant to Proclamation 2024. The review of and
1485	1485	contracts for the purchase or licensing of instructional materials
1486	1486	required by the State Board of Education pursuant to Proclamation
1487	1487	2024 are governed by the law as it existed immediately before the
1488	1488	effective date of this Act, and the former law is continued in
1489	1489	effect for that purpose.
1490	1490	(d) Section 21.4045(b), Education Code, as added by this
1491	1491	Act, applies only to a contract entered into on or after the
1492	1492	effective date of this Act. A contract entered into before the
1493	1493	effective date of this Act is governed by the law in effect on the
1494	1494	date the contract was entered into, and the former law is continued
1495	1495	in effect for that purpose.
1496	1496	SECTION 54. (a) Except as provided by Subsection (b) of
1497	1497	this section, this Act applies beginning with the 2023-2024 school
1498	1498	year.
1499	1499	(b) Section 21.4045, Education Code, as added by this Act,
1500	1500	applies beginning with the 2024-2025 school year.
1501	1501	SECTION 55. (a) Except as provided by Subsection (b) of
1502	1502	this section, this Act takes effect immediately if it receives a
1503	1503	vote of two-thirds of all the members elected to each house, as
1504	1504	provided by Section 39, Article III, Texas Constitution. If this
1505	1505	Act does not receive the vote necessary for immediate effect, this
1506	1506	Act takes effect September 1, 2023.
1507	1507	(b) Sections 48.307 and 48.308, Education Code, as added by
1508	1508	this Act, Section 48.277(b), Education Code, as amended by this
1509	1509	Act, and Section 322.0082, Government Code, as added by this Act,
1510	1510	take effect September 1, 2023.
1511	1511	______________________________ ______________________________
1512	1512	President of the Senate Speaker of the House
1513	1513	I certify that H.B. No. 1605 was passed by the House on May 3,
1514	1514	2023, by the following vote: Yeas 139, Nays 6, 1 present, not
1515	1515	voting; that the House concurred in Senate amendments to H.B. No.
1516	1516	1605 on May 17, 2023, by the following vote: Yeas 105, Nays 39, 1
1517	1517	present, not voting; and that the House adopted H.C.R. No. 121
1518	1518	authorizing certain corrections in H.B. No. 1605 on May 24, 2023, by
1519	1519	the following vote: Yeas 144, Nays 0, 1 present, not voting.
1520	1520	______________________________
1521	1521	Chief Clerk of the House
1522	1522	I certify that H.B. No. 1605 was passed by the Senate, with
1523	1523	amendments, on May 12, 2023, by the following vote: Yeas 22, Nays
1524	1524	8; and that the Senate adopted H.C.R. No. 121 authorizing certain
1525	1525	corrections in H.B. No. 1605 on May 27, 2023, by the following vote:
1526	1526	Yeas 31, Nays 0.
1527	1527	______________________________
1528	1528	Secretary of the Senate
1529	1529	APPROVED: __________________
1530	1530	Date
1531	1531	__________________
1532	1532	Governor