88R13663 CXP-F By: Leo-Wilson H.B. No. 4097 A BILL TO BE ENTITLED AN ACT relating to the acceptable uses of the instructional materials and technology fund and the review of certain instructional materials by the State Board of Education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 31.021(c), Education Code, is amended to read as follows: (c) Money in the state instructional materials and technology fund shall be used to: (1) fund the instructional materials and technology allotment, as provided by Section 31.0211; (2) purchase special instructional materials for the education of blind and visually impaired students in public schools; (3) pay the expenses associated with the instructional materials adoption and review process under this chapter; (4) pay the expenses associated with the purchase or licensing of open education resource instructional material; (5) pay the expenses associated with the purchase of instructional material, including freight and shipping and the insurance expenses associated with freight and shipping; (6) fund the technology lending grant program established under Section 32.301; (7) provide funding to the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf, and the Texas Juvenile Justice Department; [and] (8) pay the expenses associated with the instructional materials web portal developed under Section 31.081; and (9) pay the expenses associated with the review of instructional materials under Section 31.0222. SECTION 2. Subchapter B, Chapter 31, Education Code, is amended by adding Section 31.0222 to read as follows: Sec. 31.0222. REVIEW OF INSTRUCTIONAL MATERIAL NOT SUBMITTED BY PUBLISHER. (a) At any time, the State Board of Education may review an instructional material not submitted by a publisher. A review under this section does not require a board proclamation. (b) A review under this section must: (1) include a determination of the percentage of the elements of the essential knowledge and skills of the subject and grade level covered for the instructional material as provided under Section 31.023(a-1); and (2) be made available to school districts and the public. SECTION 3. This Act takes effect September 1, 2023.