Texas 2023 - 88th Regular

Texas Senate Bill SB2565 Compare Versions

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1	1	By: Creighton, et al. S.B. No. 2565
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to instructional material and technology, the adoption of
7	7	essential knowledge and skills for certain public school foundation
8	8	curriculum subjects, and creating allotments for the procurement of
9	9	certain instructional materials under the Foundation School
10	10	Program; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.164, Education Code, is amended by
13	13	amending Subsection (a) and adding Subsection (a-1) to read as
14	14	follows:
15	15	(a) The board of trustees of each school district shall
16	16	limit redundant requests for information and the number and length
17	17	of written reports that a classroom teacher is required to prepare.
18	18	A classroom teacher may not be required to prepare any written
19	19	information other than:
20	20	(1) any report concerning the health, safety, or
21	21	welfare of a student;
22	22	(2) a report of a student's grade on an assignment or
23	23	examination;
24	24	(3) a report of a student's academic progress in a
25	25	class or course;
26	26	(4) a report of a student's grades at the end of each
27	27	grade reporting period;
28	28	(5) a report on instructional materials;
29	29	(6) subject to Subsection (a-1), a unit or weekly
30	30	lesson plan that outlines, in a brief and general manner, the
31	31	information to be presented during each period at the secondary
32	32	level or in each subject or topic at the elementary level;
33	33	(7) an attendance report;
34	34	(8) any report required for accreditation review;
35	35	(9) any information required by a school district that
36	36	relates to a complaint, grievance, or actual or potential
37	37	litigation and that requires the classroom teacher's involvement;
38	38	or
39	39	(10) any information specifically required by law,
40	40	rule, or regulation.
41	41	(a-1) A unit or weekly lesson plan that is included in
42	42	instructional material, as defined by Section 31.002, and adopted
43	43	by the board of trustees of the school district at which a teacher
44	44	is employed is sufficient to satisfy a requirement to prepare
45	45	written information described by Subsection (a)(6).
46	46	SECTION 2. Section 21.044, Education Code, is amended by
47	47	amending Subsection (a-1) and adding Subsection (h) to read as
48	48	follows:
49	49	(a-1) Any training requirements for a certificate specified
50	50	under Subsection (a) must require that the person demonstrate:
51	51	(1) basic knowledge of:
52	52	(A) each disability category under the
53	53	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
54	54	et seq.) and how each category can affect student learning and
55	55	development; and
56	56	(B) conditions that may be considered a
57	57	disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
58	58	Section 794), and how a condition covered by that section can affect
59	59	student learning and development;
60	60	(2) competence in the use of proactive instructional
61	61	planning techniques that:
62	62	(A) provide flexibility in the ways:
63	63	(i) information is presented;
64	64	(ii) students respond or demonstrate
65	65	knowledge and skills; and
66	66	(iii) students are engaged;
67	67	(B) reduce barriers in instruction;
68	68	(C) provide appropriate accommodations,
69	69	supports, and challenges; and
70	70	(D) maintain high achievement expectations for
71	71	all students, including students with disabilities and students of
72	72	limited English proficiency; [and]
73	73	(3) competence in the use of evidence-based inclusive
74	74	instructional practices, including:
75	75	(A) general and special education collaborative
76	76	and co-teaching models and approaches;
77	77	(B) multitiered systems of support, including
78	78	response to intervention strategies, classroom and school level
79	79	data-based collaborative structures, and evidence-based strategies
80	80	for intervention and progress monitoring systems in academic areas;
81	81	(C) classroom management techniques using
82	82	evidence-based behavioral intervention strategies and supports;
83	83	and
84	84	(D) appropriate adaptation strategies, including
85	85	accommodations, modifications, and instruction in the use of
86	86	assistive technology for instruction; and
87	87	(4) thorough understanding of and competence in the
88	88	use of open education resource instructional materials included on
89	89	the list of approved instructional materials maintained by the
90	90	State Board of Education under Section 31.022 in each subject area
91	91	and grade level covered by the person's certificate.
92	92	(h) An educator preparation program may not include
93	93	instruction on the use of instructional materials that incorporates
94	94	the method of three-cueing, as defined by Section 28.0062(a-1),
95	95	into foundational skills reading instruction.
96	96	SECTION 3. Subchapter I, Chapter 21, Education Code, is
97	97	amended by adding Section 21.4045 to read as follows:
98	98	Sec. 21.4045. PLANNING AND NONINSTRUCTIONAL DUTIES OF
99	99	TEACHERS. (a) A school district may permit, but may not require, a
100	100	classroom teacher for a foundation curriculum course to spend
101	101	planning and preparation time to which the teacher is entitled
102	102	under Section 21.404 creating or selecting instructional materials
103	103	to initially cover the applicable essential knowledge and skills
104	104	for the course unless the contract under which the teacher is
105	105	employed explicitly states that the teacher is responsible for
106	106	duties relating to initial lesson plan design or instructional
107	107	material selection.
108	108	(b) A contract between a school district and a classroom
109	109	teacher under which a teacher is assigned responsibility for duties
110	110	unrelated to providing instruction and that requires the teacher to
111	111	work a greater number of hours than the number of hours worked by
112	112	other full-time teachers of the same grade level in the district
113	113	must explicitly state each of the teacher's duties unrelated to
114	114	providing instruction.
115	115	SECTION 4. Subchapter B, Chapter 22, Education Code, is
116	116	amended by adding Section 22.05125 to read as follows:
117	117	Sec. 22.05125. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
118	118	CLASSROOM TEACHERS. (a) In this section, "disciplinary
119	119	proceeding" has the meaning assigned by Section 22.0512.
120	120	(b) A classroom teacher employed by a school district may
121	121	not be subject to disciplinary proceedings for an allegation that
122	122	the teacher violated Section 28.0022, the Establishment Clause of
123	123	the First Amendment of the United States Constitution, or a related
124	124	state or federal law if:
125	125	(1) the teacher used only instructional material
126	126	included on the list of approved instructional material maintained
127	127	by the State Board of Education under Section 31.022 and adopted by
128	128	the district; and
129	129	(2) the allegation does not dispute that the teacher
130	130	delivered instruction from instructional material described by
131	131	Subdivision (1) with fidelity.
132	132	(c) The immunity provided by Subsection (b) is in addition
133	133	to any other immunity provided by law. This section may not be
134	134	construed to interfere with any other immunity provided by law.
135	135	SECTION 5. Section 26.006, Education Code, is amended by
136	136	amending Subsection (b) and adding Subsections (b-1) and (f) to
137	137	read as follows:
138	138	(b) A school district shall make teaching materials and
139	139	tests readily available for review by parents both in person and, if
140	140	applicable and subject to denial under Section 31.154(e), through
141	141	an instructional materials parent portal established under Section
142	142	31.154. In providing access to instructional materials to a
143	143	student's parent under this section, the district shall:
144	144	(1) allow access beginning not later than 30 days
145	145	before the school year begins and concluding not earlier than 30
146	146	days after the school year ends; and
147	147	(2) include, for the entire period specified in
148	148	Subdivision (1), access to all instructional materials that pertain
149	149	to each subject area in the grade level in which the student is
150	150	enrolled, except for:
151	151	(A) tests or exams that have not yet been
152	152	administered to the student; and
153	153	(B) the student's graded assignments.
154	154	(b-1) The district may specify reasonable hours for
155	155	in-person review.
156	156	(f) A school district that denies a parent access to an
157	157	instructional materials parent portal under Section 31.154(e) must
158	158	permit the parent to appeal the denial to the board of trustees of
159	159	the school district.
160	160	SECTION 6. Chapter 26, Education Code, is amended by adding
161	161	Section 26.0061 to read as follows:
162	162	Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
163	163	REVIEW. (a) The board of trustees of each school district shall
164	164	establish a process by which a parent of a student, as indicated on
165	165	the student registration form at the student's campus, may request
166	166	an instructional material review under Section 31.0252 for a
167	167	subject area in the grade level in which the student is enrolled.
168	168	(b) A process established under Subsection (a):
169	169	(1) may not require more than one parent of a student
170	170	to make the request;
171	171	(2) must provide for the board of trustees of the
172	172	school district to determine if the request will be granted, either
173	173	originally or through an appeal process; and
174	174	(3) may permit the requesting parent to review the
175	175	instructional material directly before the district conducts an
176	176	instructional material review under Section 31.0252.
177	177	(c) If the parents of at least 25 percent of the students
178	178	enrolled at a campus present to the board of trustees of the school
179	179	district in which the campus is located a petition for the board to
180	180	conduct an instructional material review under Section 31.0252, the
181	181	board shall, subject to Subsection (d), conduct the review, unless
182	182	the petition is presented by the parents of less than 50 percent of
183	183	the students enrolled at the campus and, by a majority vote, the
184	184	board denies the request. A review conducted under this subsection
185	185	shall include a review of instructional materials for each subject
186	186	area or grade level specified in the petition.
187	187	(d) The board of trustees of a school district is not
188	188	required to conduct a review under this section for a specific
189	189	subject area or grade level at a specific district campus more than
190	190	once per school year.
191	191	(e) Parental access to instructional material provided by
192	192	an instructional material review conducted under this section is in
193	193	addition to any other right to access instructional material
194	194	granted by this title or school district policy.
195	195	(f) The State Board of Education may adopt rules to
196	196	implement this section.
197	197	SECTION 7. Section 28.002, Education Code, is amended by
198	198	adding Subsections (c-4) and (c-5) to read as follows:
199	199	(c-4) In adopting essential knowledge and skills for
200	200	English language arts under Subsection (a)(1)(A), the State Board
201	201	of Education shall specify a list of required vocabulary and at
202	202	least one literary work to be taught in each grade level. The
203	203	vocabulary specified by the board must support the essential
204	204	knowledge and skills adopted for other courses offered under the
205	205	foundation curriculum under Subsection (a)(1).
206	206	(c-5) The State Board of Education shall initiate the
207	207	process of specifying an initial list of vocabulary and literary
208	208	works as required by Subsection (c-4) not later than February 1,
209	209	2024. The State Board of Education shall request from the agency
210	210	recommendations regarding the list, and that request for
211	211	recommendations may be considered an initiation of the process.
212	212	This subsection expires September 1, 2025.
213	213	SECTION 8. The heading to Section 28.0027, Education Code,
214	214	is amended to read as follows:
215	215	Sec. 28.0027. DISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,
216	216	AND INSTRUCTIONAL MATERIAL.
217	217	SECTION 9. Sections 28.0027(a) and (b), Education Code, are
218	218	amended to read as follows:
219	219	(a) In adopting a recommended or designated scope and
220	220	sequence or instructional materials for a subject in the required
221	221	curriculum under Section 28.002(a) in a particular grade level, a
222	222	school district shall ensure sufficient time is provided for
223	223	teachers to teach and students to learn the essential knowledge and
224	224	skills for that subject and grade level.
225	225	(b) Except as provided by Subsection (c), a school district
226	226	may not penalize a teacher who does not follow the pacing of [a]
227	227	recommended or designated instructional materials or the pacing of
228	228	the recommended or designated scope and sequence for a subject in
229	229	the required curriculum under Section 28.002(a) in a particular
230	230	grade level based on the teacher's determination that the teacher's
231	231	students need more or less time in a specific area to demonstrate
232	232	proficiency in the essential knowledge and skills for that subject
233	233	and grade level.
234	234	SECTION 10. Section 28.0062, Education Code, is amended by
235	235	adding Subsection (a-1) to read as follows:
236	236	(a-1) In this subsection, "three-cueing" means a method of
237	237	reading instruction for identification of words by which a student
238	238	is encouraged to draw on context and sentence structure to read
239	239	words without sounding the words out or using a phonics-based
240	240	approach. A school district or open-enrollment charter school may
241	241	not include any instruction that incorporates three-cueing in the
242	242	phonics curriculum required under Subsection (a)(1).
243	243	SECTION 11. The heading to Chapter 31, Education Code, is
244	244	amended to read as follows:
245	245	CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
246	246	SECTION 12. Section 31.002, Education Code, is amended by
247	247	amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
248	248	(1-c), and (3) to read as follows:
249	249	(1) "Full subject tier one instructional material"
250	250	means instructional material designed to, if implemented as
251	251	designed, provide a student with mastery of the essential knowledge
252	252	and skills adopted by the board for a certain subject and grade
253	253	level in the required curriculum under Section 28.002 or for
254	254	prekindergarten without the need for supplementation.
255	255	(1-a) "Instructional material" means content that
256	256	conveys the essential knowledge and skills of a subject in the
257	257	public school curriculum through a medium or a combination of media
258	258	for conveying information to a student. The term includes:
259	259	(A) material used by a teacher, including a
260	260	lesson plan, answer key, grading rubric, or unit plan;
261	261	(B) material used by a principal or campus
262	262	instructional leader to support instruction; and
263	263	(C) material used by a student, including a book,
264	264	supplementary materials, a combination of a book, workbook, and
265	265	supplementary materials, computer software, magnetic media, DVD,
266	266	CD-ROM, computer courseware, on-line services, or an electronic
267	267	medium, or other means of conveying information to the student or
268	268	otherwise contributing to the learning process through electronic
269	269	means, including open education resource instructional material.
270	270	(1-b) [(1-a)] "Open education resource instructional
271	271	material" means teaching, learning, and research resources that
272	272	reside in the public domain or have been released under an
273	273	intellectual property license that allows for free use, reuse,
274	274	modification, and sharing with others, including full courses,
275	275	course materials, modules, textbooks, streaming videos, tests,
276	276	software, and any other tools, materials, or techniques used to
277	277	support access to knowledge. [The term includes state-developed
278	278	open education resource instructional material purchased under
279	279	Subchapter B-1.]
280	280	(1-c) "Partial subject tier one instructional
281	281	material" means instructional material designed to, if implemented
282	282	as designed, provide a student with mastery in a portion of the
283	283	essential knowledge and skills adopted by the State Board of
284	284	Education for a certain subject and grade level in the required
285	285	curriculum under Section 28.002 or for prekindergarten without the
286	286	need for supplementation in the essential knowledge and skills
287	287	covered.
288	288	(3) "Supplemental instructional material" means
289	289	instructional material designed to assist in the instruction of one
290	290	or more of the essential knowledge and skills adopted by the State
291	291	Board of Education for a subject in the required curriculum under
292	292	Section 28.002 or for prekindergarten.
293	293	SECTION 13. Section 31.003, Education Code, is amended to
294	294	read as follows:
295	295	Sec. 31.003. RULES. (a) The State Board of Education may
296	296	adopt rules, consistent with this chapter, for the adoption,
297	297	requisition, distribution, care, use, and disposal of
298	298	instructional materials.
299	299	(b) The commissioner may adopt rules, consistent with this
300	300	chapter, as necessary to implement any provision of this chapter.
301	301	SECTION 14. Subchapter A, Chapter 31, Education Code, is
302	302	amended by adding Section 31.006 to read as follows:
303	303	Sec. 31.006. ADVISORY COMMITTEE. The State Board of
304	304	Education or the agency may form an advisory committee to comply
305	305	with the provisions of this chapter. Chapter 2110, Government
306	306	Code, does not apply to an advisory committee formed under this
307	307	section.
308	308	SECTION 15. Chapter 31, Education Code, is amended by
309	309	adding Subchapter A-1, and a heading is added to that subchapter to
310	310	read as follows:
311	311	SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND
312	312	TECHNOLOGY
313	313	SECTION 16. Section 31.005, Education Code, is transferred
314	314	to Subchapter A-1, Chapter 31, Education Code, as added by this Act,
315	315	and redesignated as Section 31.0205 to read as follows:
316	316	Sec. 31.0205 [31.005]. FUNDING FOR OPEN-ENROLLMENT
317	317	CHARTER SCHOOLS. An open-enrollment charter school is entitled to
318	318	the instructional materials and technology allotment under this
319	319	chapter and is subject to this chapter as if the school were a
320	320	school district.
321	321	SECTION 17. Sections 31.021, 31.0212, 31.0214, and 31.0215,
322	322	Education Code, are transferred to Subchapter A-1, Chapter 31,
323	323	Education Code, as added by this Act, and amended to read as
324	324	follows:
325	325	Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
326	326	FUND. (a) The state instructional materials and technology fund
327	327	consists of:
328	328	(1) an amount set aside by the State Board of Education
329	329	from the available school fund, in accordance with Section
330	330	43.001(d); and
331	331	(2) all amounts lawfully paid into the fund from any
332	332	other source.
333	333	(c) Money in the state instructional materials and
334	334	technology fund shall be used to:
335	335	(1) fund the instructional materials and technology
336	336	allotment, as provided by Section 31.0211;
337	337	(2) purchase special instructional materials for the
338	338	education of blind and visually impaired students in public
339	339	schools;
340	340	(3) pay the expenses associated with the instructional
341	341	materials adoption and review process and Internet website
342	342	maintained under this chapter;
343	343	(4) pay the expenses associated with the purchase,
344	344	[or] licensing, printing, or other reproduction of open education
345	345	resource instructional material;
346	346	(5) pay the expenses associated with the purchase of
347	347	instructional material, including freight and shipping and the
348	348	insurance expenses associated with freight and shipping;
349	349	(6) fund the technology lending grant program
350	350	established under Section 32.301; and
351	351	(7) provide funding to the Texas School for the Blind
352	352	and Visually Impaired, the Texas School for the Deaf, and the Texas
353	353	Juvenile Justice Department[; and
354	354	[(8) pay the expenses associated with the
355	355	instructional materials web portal developed under Section
356	356	31.081].
357	357	(d) Money transferred to the state instructional materials
358	358	and technology fund remains in the fund until spent and does not
359	359	lapse to the state at the end of the fiscal year.
360	360	Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
361	361	ACCOUNT. (a) The commissioner shall maintain an instructional
362	362	materials and technology account for each school district. In the
363	363	first year of each biennium, the commissioner shall deposit in the
364	364	account for each district the amount of the district's
365	365	instructional materials and technology allotment under Section
366	366	31.0211.
367	367	(b) The commissioner shall pay the cost of instructional
368	368	materials requisitioned by a school district under Section 31.103
369	369	using funds from the district's instructional materials and
370	370	technology account.
371	371	(c) [A school district may also use funds in the district's
372	372	account to purchase electronic instructional materials or
373	373	technological equipment. The district shall submit to the
374	374	commissioner a request for funds for this purpose from the
375	375	district's account. The commissioner shall adopt rules regarding
376	376	the documentation a school district must submit to receive funds
377	377	under this subsection.
378	378	[(d)] Money deposited in a school district's instructional
379	379	materials and technology account during each state fiscal biennium
380	380	remains in the account and available for use by the district for the
381	381	entire biennium. At the end of each biennium, a district with
382	382	unused money in the district's account may carry forward any
383	383	remaining balance to the next biennium.
384	384	(d) A [(e) The commissioner shall adopt rules as necessary
385	385	to implement this section. The rules must include a requirement
386	386	that a] school district shall provide to the agency the title and
387	387	publication information for any instructional materials
388	388	requisitioned or purchased by the district with the district's
389	389	instructional materials and technology allotment.
390	390	(e) The agency shall provide for the development and
391	391	maintenance of an online requisition and disbursement system for
392	392	each school district's instructional materials and technology
393	393	account.
394	394	Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
395	395	DISTRICTS. [(a)] Each year the commissioner shall adjust the
396	396	instructional materials and technology allotment of school
397	397	districts experiencing high enrollment growth. The commissioner
398	398	shall establish a procedure for determining high enrollment growth
399	399	districts eligible to receive an adjustment under this section and
400	400	the amount of the instructional materials and technology allotment
401	401	those districts will receive.
402	402	[(b) The commissioner may adopt rules as necessary to
403	403	implement this section.]
404	404	Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
405	405	ALLOTMENT PURCHASES. (a) The commissioner shall, as early as
406	406	practicable during each biennium, notify each school district and
407	407	open-enrollment charter school of the estimated amount to which the
408	408	district or charter school will be entitled under Section 31.0211
409	409	during the next fiscal biennium.
410	410	(b) The commissioner shall [may] allow a school district or
411	411	open-enrollment charter school to place an order for instructional
412	412	materials before the beginning of a fiscal biennium and to receive
413	413	instructional materials before payment. The commissioner shall
414	414	limit the cost of an order placed under this section to 80 percent
415	415	of the estimated amount to which a school district or
416	416	open-enrollment charter school is estimated to be entitled as
417	417	provided by Subsection (a) and shall first credit any balance in a
418	418	district or charter school instructional materials and technology
419	419	account to pay for an order placed under this section.
420	420	(c) The commissioner shall make payments for orders placed
421	421	under this section as funds become available to the instructional
422	422	materials and technology fund and shall prioritize payment of
423	423	orders placed under this section over reimbursement of purchases
424	424	made directly by a school district or open-enrollment charter
425	425	school.
426	426	(d) The commissioner shall ensure that publishers of
427	427	instructional materials are informed of any potential delay in
428	428	payment and that payment is subject to the availability of
429	429	appropriated funds. A publisher may decline to accept an order
430	430	placed under this section.
431	431	(e) Chapter 2251, Government Code, does not apply to
432	432	purchases of instructional materials under this section.
433	433	[(f) The commissioner may adopt rules to implement this
434	434	section.]
435	435	SECTION 18. Section 31.0211, Education Code, as amended by
436	436	Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th
437	437	Legislature, Regular Session, 2021, is transferred to Subchapter
438	438	A-1, Chapter 31, Education Code, as added by this Act, reenacted,
439	439	and amended to read as follows:
440	440	Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
441	441	ALLOTMENT. (a) A school district is entitled to an allotment each
442	442	biennium from the state instructional materials and technology fund
443	443	for each student enrolled in the district on a date during the last
444	444	year of the preceding biennium specified by the commissioner. The
445	445	commissioner shall determine the amount of the allotment per
446	446	student each biennium on the basis of the amount of money available
447	447	in the state instructional materials and technology fund to fund
448	448	the allotment. An allotment under this section shall be
449	449	transferred from the state instructional materials and technology
450	450	fund to the credit of the district's instructional materials and
451	451	technology account as provided by Section 31.0212.
452	452	(b) A juvenile justice alternative education program under
453	453	Section 37.011 is entitled to an allotment from the state
454	454	instructional materials and technology fund in an amount determined
455	455	by the commissioner. The program shall use the allotment to
456	456	purchase items listed in Subsection (c) for students enrolled in
457	457	the program. The commissioner's determination under this
458	458	subsection is final and may not be appealed.
459	459	(c) Funds allotted under this section may be used to:
460	460	(1) purchase:
461	461	(A) [materials on the list adopted by the
462	462	commissioner, as provided by Section 31.0231;
463	463	[(B)] instructional materials, regardless of
464	464	whether the instructional materials are on the list of approved
465	465	instructional materials maintained by the State Board of Education
466	466	under Section 31.022 [adopted under Section 31.024];
467	467	(B) [(C)] consumable instructional materials,
468	468	including workbooks;
469	469	(C) [(D)] instructional materials for use in
470	470	bilingual education classes, as provided by Section 31.029;
471	471	(D) [(E)] instructional materials for use in
472	472	college preparatory courses under Section 28.014, as provided by
473	473	Section 31.031;
474	474	(E) [(F)] supplemental instructional materials
475	475	[, as provided by Section 31.035];
476	476	(F) [(G) state-developed] open education
477	477	resource instructional materials, as provided by Subchapter B-1;
478	478	(G) [(H)] instructional materials and
479	479	technological equipment under any continuing contracts of the
480	480	district in effect on September 1, 2011;
481	481	(H) [(I)] technological equipment necessary to
482	482	support the use of [materials included on the list adopted by the
483	483	commissioner under Section 31.0231 or] any instructional materials
484	484	purchased with an allotment under this section;
485	485	(I) [(J)] inventory software or systems for
486	486	storing, managing, and accessing instructional materials and
487	487	analyzing the usage and effectiveness of the instructional
488	488	materials; and
489	489	(J) [(K)] services, equipment, and technology
490	490	infrastructure necessary to ensure Internet connectivity and
491	491	adequate bandwidth; and
492	492	(2) pay:
493	493	(A) for training educational personnel directly
494	494	involved in student learning in the appropriate use of
495	495	instructional materials and for providing for access to
496	496	technological equipment for instructional use;
497	497	(B) for training personnel in the electronic
498	498	administration of assessment instruments; [and]
499	499	(C) the salary and other expenses of an employee
500	500	who provides technical support for the use of technological
501	501	equipment directly involved in student learning; and
502	502	(D) [(C)] for costs associated with distance
503	503	learning, including Wi-Fi, Internet access hotspots, wireless
504	504	network service, broadband service, and other services and
505	505	technological equipment necessary to facilitate Internet access.
506	506	(d) [Each biennium the commissioner shall assess the
507	507	technology needs for all school districts and provide an estimate
508	508	of the cost for these resources to the State Board of Education.
509	509	[(d-1)] In purchasing technological equipment, a school
510	510	district shall:
511	511	(1) secure technological solutions that meet the
512	512	varying and unique needs of students and teachers in the district;
513	513	and
514	514	(2) consider:
515	515	(A) the long-term cost of ownership; and
516	516	(B) flexibility for innovation.
517	517	(e) Not later than May 31 of each school year, a school
518	518	district may request that the commissioner adjust the number of
519	519	students for which the district is entitled to receive an allotment
520	520	under Subsection (a) on the grounds that the number of students
521	521	attending school in the district will increase or decrease during
522	522	the school year for which the allotment is provided. The
523	523	commissioner may also adjust the number of students for which a
524	524	district is entitled to receive an allotment, without a request by
525	525	the district, if the commissioner determines a different number of
526	526	students is a more accurate reflection of students who will be
527	527	attending school in the district. The commissioner's determination
528	528	under this subsection is final.
529	529	(f) Funds allotted under this section may not be used to
530	530	purchase instructional material that contains obscene or harmful
531	531	content or would otherwise cause the school district to which the
532	532	funds were allotted to be unable to submit the certification
533	533	required under Section 31.1011(a)(1)(B) [The commissioner may
534	534	adopt rules as necessary to implement this section].
535	535	SECTION 19. Subchapter A-1, Chapter 31, Education Code, as
536	536	added by this Act, is amended by adding Section 31.0216 to read as
537	537	follows:
538	538	Sec. 31.0216. AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS
539	539	AND TECHNOLOGY. (a) From funds appropriated for the purpose, the
540	540	agency may contract directly, including by extending a contract,
541	541	for the purchase of instructional materials and technology for use
542	542	by school districts.
543	543	(b) The provisions of Chapter 2157, Government Code,
544	544	requiring a state agency to use a contract or contract terms
545	545	developed or preapproved by the Department of Information Resources
546	546	do not apply to a contract entered into under this section, but the
547	547	agency may participate in a program authorized by that chapter.
548	548	SECTION 20. The heading to Subchapter B, Chapter 31,
549	549	Education Code, is amended to read as follows:
550	550	SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION[, AND PURCHASE]
551	551	SECTION 21. The heading to Section 31.022, Education Code,
552	552	is amended to read as follows:
553	553	Sec. 31.022. STATE BOARD OF EDUCATION INSTRUCTIONAL
554	554	MATERIALS REVIEW AND APPROVAL [ADOPTION].
555	555	SECTION 22. Section 31.022, Education Code, is amended by
556	556	amending Subsections (a), (b), (c), and (d) and adding Subsection
557	557	(c-1) to read as follows:
558	558	(a) The State Board of Education shall [adopt a] review [and
559	559	adoption cycle for] instructional materials provided to the board
560	560	by the agency under Section 31.023. Before approving instructional
561	561	material, the board must determine that the material is free from
562	562	factual error and suitable for the subject and grade level for which
563	563	the material is designed, and, if the material is intended to cover
564	564	the foundational skills reading curriculum in kindergarten through
565	565	third grade, does not include three-cueing, as defined by Section
566	566	28.0062(a-1). The board shall add each material approved under
567	567	this section to a list of approvedinstructionalmaterials and may
568	568	add a material not approved under this section to a list of rejected
569	569	instructional materials [for elementary grade levels, including
570	570	prekindergarten, and secondary grade levels, for each subject in
571	571	the required curriculum under Section 28.002. In adopting the
572	572	cycle, the board:
573	573	[(1) is not required to review and adopt instructional
574	574	materials for all grade levels in a single year; and
575	575	[(2) shall give priority to instructional materials in
576	576	the following subjects:
577	577	[(A) foundation curriculum subjects for which
578	578	the essential knowledge and skills have been substantially revised
579	579	and for which assessment instruments are required under Subchapter
580	580	B, Chapter 39, including career and technology courses that satisfy
581	581	foundation curriculum requirements as provided by Section
582	582	28.002(n);
583	583	[(B) foundation curriculum subjects for which
584	584	the essential knowledge and skills have been substantially revised,
585	585	including career and technology courses that satisfy foundation
586	586	curriculum requirements as provided by Section 28.002(n);
587	587	[(C) foundation curriculum subjects not
588	588	described by Paragraph (A) or (B), including career and technology
589	589	courses that satisfy foundation curriculum requirements as
590	590	provided by Section 28.002(n); and
591	591	[(D) enrichment curriculum subjects].
592	592	(b) [The board shall organize the cycle for subjects in the
593	593	foundation curriculum so that not more than one-fourth of the
594	594	instructional materials for subjects in the foundation curriculum
595	595	are reviewed each biennium.] The State Board of Education may adopt
596	596	criteria necessary for approval of instructional material under
597	597	Subsection (a) and may require:
598	598	(1) all instructional material submitted as full
599	599	subject tier one instructional material to cover a minimum
600	600	percentage, as determined by the board, of the essential knowledge
601	601	and skills adopted for the subject and grade level for which the
602	602	material is designed;
603	603	(2) electronic samples of the material;
604	604	(3) certain physical specifications; and
605	605	(4) the instructional material to not contain obscene
606	606	or harmful content and otherwise be compatible with certification
607	607	requirements under Section 31.1011(a)(1)(B) [board shall adopt
608	608	rules to provide for a full and complete investigation of
609	609	instructional materials for each subject in the foundation
610	610	curriculum every eight years. The adoption of instructional
611	611	materials for a subject in the foundation curriculum may be
612	612	extended beyond the eight-year period only if the content of
613	613	instructional materials for a subject is sufficiently current].
614	614	(c) The State Board of Education may remove instructional
615	615	material from the list of approved instructional materials under
616	616	this section if the essential knowledge and skills intended to be
617	617	covered by the material are revised or the material is revised
618	618	without the approval of the board [board shall adopt rules to
619	619	provide for a full and complete investigation of instructional
620	620	materials for each subject in the enrichment curriculum on a cycle
621	621	the board considers appropriate].
622	622	(c-1) If the State Board of Education intends to remove an
623	623	instructional material from the list of approved instructional
624	624	materials under Subsection (c) because the board plans to revise
625	625	the essential knowledge and skills intended to be covered by the
626	626	material, the board shall issue a proclamation requesting the
627	627	revision of the applicable instructional materials and shall, not
628	628	later than December 1 of the year preceding the school year for
629	629	which the revision will take effect, provide to each school
630	630	district the updated list of approved instructional materials for
631	631	the relevant subject or grade level.
632	632	(d) The State Board of Education shall indicate whether each
633	633	instructional material reviewed under Subsection (a) is capable of
634	634	being made available through an instructional materials parent
635	635	portal established under Section 31.154 [At least 12 months before
636	636	the beginning of the school year for which instructional materials
637	637	for a particular subject and grade level will be adopted under the
638	638	review and adoption cycle, the board shall publish notice of the
639	639	review and adoption cycle for those instructional materials. A
640	640	request for production must allow submission of open education
641	641	resource instructional materials that are available for use by the
642	642	state without charge on the same basis as instructional materials
643	643	offered for sale].
644	644	SECTION 23. Section 31.023, Education Code, is amended to
645	645	read as follows:
646	646	Sec. 31.023. INSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)
647	647	The commissioner shall establish, in consultation and with the
648	648	approval of the State Board of Education, a process for the annual
649	649	review of instructional materials by the agency. The process
650	650	established under this subsection must:
651	651	(1) establish a process for the agency to select
652	652	instructional materials for review that includes:
653	653	(A) evaluating requests for review of
654	654	instructional materials submitted to the agency by:
655	655	(i) a school district;
656	656	(ii) a majority of the members of the State
657	657	Board of Education; or
658	658	(iii) a publisher of instructional
659	659	material;
660	660	(B) reviewing instructional materials
661	661	requisitioned or purchased under Section 31.0212; and
662	662	(C) reviewing instructional materials using a
663	663	time frame appropriate for the proclamation requesting the revision
664	664	of the instructional materials under Section 31.022(c-1) to address
665	665	revisions made by the State Board of Education to the essential
666	666	knowledge and skills for a particular subject or grade level;
667	667	(2) describe the types of instructional materials the
668	668	agency may review, including:
669	669	(A) partial subject tier one instructional
670	670	material, including those designed for use in the phonics
671	671	curriculum required under Section 28.0062(a)(1);
672	672	(B) open education resource instructional
673	673	material;
674	674	(C) instructional materials developed by a
675	675	school district and submitted to the agency by the district for
676	676	review; and
677	677	(D) commercially available full subject tier one
678	678	instructional material;
679	679	(3) establish procedures for the agency to conduct
680	680	reviews of instructional materials, including:
681	681	(A) the use of a rubric approved under Subsection
682	682	(b); and
683	683	(B) consultation with classroom teachers and
684	684	other curriculum experts for the appropriate subject and grade
685	685	level; and
686	686	(4) ensure the procedures for review allow the agency
687	687	to review at least 200 individual instructional materials each year
688	688	[For each subject and grade level, the State Board of Education
689	689	shall adopt a list of instructional materials. The list includes
690	690	each instructional material submitted for the subject and grade
691	691	level that meets applicable physical specifications adopted by the
692	692	State Board of Education and contains material covering at least
693	693	half of the elements of the essential knowledge and skills of the
694	694	subject and grade level in the student version of the instructional
695	695	material, as well as in the teacher version of the instructional
696	696	material, as determined by the State Board of Education under
697	697	Section 28.002 and adopted under Section 31.024].
698	698	[(a-1) The State Board of Education shall determine the
699	699	percentage of the elements of the essential knowledge and skills of
700	700	the subject and grade level covered by each instructional material
701	701	submitted. The board's determination under this subsection is
702	702	final.]
703	703	(b) In conducting a review under this section, the agency
704	704	must use a rubric developed by the agency in consultation with and
705	705	approved by the State Board of Education that includes, with
706	706	respect to the instructional material being reviewed, a
707	707	determination of:
708	708	(1) whether the material is free from factual error
709	709	and satisfies the criteria adopted by the board under Section
710	710	31.022;
711	711	(2) the quality of the material;
712	712	(3) the essential knowledge and skills for the subject
713	713	and grade level for which the material was developed that are
714	714	covered by the material, including identification of:
715	715	(A) each essential knowledge and skill covered by
716	716	the material;
717	717	(B) for a full subject tier one instructional
718	718	material, the percentage of the essential knowledge and skills
719	719	adopted for the subject and grade level covered by the material; and
720	720	(C) for a partial subject tier one instructional
721	721	material, the percentage of the essential knowledge and skills for
722	722	the relevant portion of the subject and grade level covered by the
723	723	material; and
724	724	(4) whether the material contains obscene or harmful
725	725	content or is otherwise incompatible with certification
726	726	requirements under Section 31.1011(a)(1)(B) [Each instructional
727	727	material on the list must be:
728	728	[(1) free from factual errors;
729	729	[(2) suitable for the subject and grade level for
730	730	which the instructional material was submitted; and
731	731	[(3) reviewed by academic experts in the subject and
732	732	grade level for which the instructional material was submitted].
733	733	(c) After completing a review under this section, the agency
734	734	shall provide the results of the review and any related
735	735	recommendations to the State Board of Education for approval or
736	736	rejection of the instructional material and the inclusion of the
737	737	instructional material on a list maintained by the State Board of
738	738	Education under Section 31.022.
739	739	(d) The agency shall use funds appropriated to the agency
740	740	for the purposes of reviewing instructional material or available
741	741	in the state instructional materials and technology fund for
742	742	purposes of implementing this section.
743	743	(e) A process established under Subsection (a) or a rubric
744	744	developed under Subsection (b) is automatically approved by the
745	745	State Board of Education if not rejected by the board before the
746	746	91st day after the date the agency submits the item to the board.
747	747	SECTION 24. Subchapter B, Chapter 31, Education Code, is
748	748	amended by adding Sections 31.025, 31.0251, and 31.0252 to read as
749	749	follows:
750	750	Sec. 31.025. INSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)
751	751	The agency shall develop and maintain an instructional material
752	752	Internet website to assist school districts in locating and
753	753	selecting instructional material.
754	754	(b) For each instructional material included, the Internet
755	755	website developed and maintained under this section shall provide:
756	756	(1) the price of the material;
757	757	(2) the technological requirements needed to use the
758	758	material;
759	759	(3) the results of an agency review of the material
760	760	conducted under Section 31.023;
761	761	(4) a statement of whether the material is included on
762	762	the list of approved instructional materials maintained by the
763	763	State Board of Education under Section 31.022 or has been rejected
764	764	by the board; and
765	765	(5) any other information the agency determines
766	766	relevant to a school district's selection of instructional
767	767	material.
768	768	(c) The Internet website developed and maintained under
769	769	this section must include the repository of open education resource
770	770	instructional material required by Section 31.0722.
771	771	(d) The agency shall use funds appropriated to the agency
772	772	for the purposes of reviewing instructional material or available
773	773	in the state instructional materials and technology fund for
774	774	purposes of implementing this section.
775	775	Sec. 31.0251. INSTRUCTIONAL MATERIAL SUPPORT. (a) On
776	776	request of a school district, the agency shall provide the district
777	777	assistance in evaluating, adopting, or using instructional
778	778	materials.
779	779	(b) Except as otherwise provided, the agency may not require
780	780	a school district to adopt or otherwise use instructional material
781	781	reviewed by the agency under Section 31.023 or included on the list
782	782	of approved instructional materials maintained by the State Board
783	783	of Education under Section 31.022.
784	784	Sec. 31.0252. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
785	785	MATERIAL. (a) The agency shall develop standards in consultation
786	786	with stakeholders, including educators, by which a school district
787	787	may conduct a review of instructional materials used by a classroom
788	788	teacher in a foundation curriculum course under Section
789	789	28.002(a)(1) to determine the degree to which the material:
790	790	(1) corresponds with the instructional materials
791	791	adopted by the school district or district campus; and
792	792	(2) meets the level of rigor of the essential
793	793	knowledge and skills adopted under Section 28.002 for the grade
794	794	level in which it is being used.
795	795	(b) The agency shall develop a rubric, approved by the State
796	796	Board of Education, to determine if reviewed instructional material
797	797	complies with the rigor requirements described by Subsection
798	798	(a)(2).
799	799	(c) The agency, in developing standards under Subsection
800	800	(a):
801	801	(1) shall minimize, to the extent possible, the time a
802	802	classroom teacher is required to spend complying with a review
803	803	conducted under this section;
804	804	(2) may not, unless unavoidable, require a teacher to
805	805	spend more than 30 minutes on a single review conducted under this
806	806	section; and
807	807	(3) may not authorize the review of instructional
808	808	materials used by a classroom teacher for a specific subject or
809	809	grade level at a specific school district campus more than once per
810	810	school year.
811	811	(d) The agency shall permit a regional education service
812	812	center or a curriculum review service provider approved by the
813	813	agency to conduct the review for a school district under this
814	814	section and provide to approved centers and providers training
815	815	relating to appropriately conducting the review.
816	816	(e) The agency shall award grants to assist school districts
817	817	in conducting reviews under this section.
818	818	SECTION 25. Sections 31.026(a) and (b), Education Code, are
819	819	amended to read as follows:
820	820	(a) The State Board of Education may [shall] execute a
821	821	contract for the purchase or licensing of each adopted
822	822	instructional material.
823	823	(b) A contract must require the publisher to provide the
824	824	number of instructional materials required by school districts in
825	825	this state for the term of the contract[, which must coincide with
826	826	the board's adoption cycle].
827	827	SECTION 26. The heading to Subchapter B-1, Chapter 31,
828	828	Education Code, is amended to read as follows:
829	829	SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE
830	830	INSTRUCTIONAL MATERIALS
831	831	SECTION 27. Subchapter B-1, Chapter 31, Education Code, is
832	832	amended by adding Section 31.0701 to read as follows:
833	833	Sec. 31.0701. REFERENCES TO STATE-DEVELOPED OPEN EDUCATION
834	834	RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a
835	835	state-developed open education resource instructional material
836	836	means an open education resource instructional material, as defined
837	837	by Section 31.002.
838	838	SECTION 28. Section 31.071, Education Code, is amended to
839	839	read as follows:
840	840	Sec. 31.071. AVAILABILITY OF OPEN EDUCATION RESOURCE
841	841	INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner
842	842	shall ensure that [may purchase state-developed] open education
843	843	resource instructional materials are available for use by school
844	844	districts in accordance with this subchapter.
845	845	(b) To ensure the availability of open education resource
846	846	instructional materials under Subsection (a), the [The]
847	847	commissioner may:
848	848	(1) purchase a license authorizing the use of [shall
849	849	purchase any state-developed] open education resource
850	850	instructional materials [through a competitive process];
851	851	(2) purchase or otherwise acquire ownership of open
852	852	education resource instructional materials;
853	853	(3) develop open education resource instructional
854	854	materials;
855	855	(4) adopt open education resource instructional
856	856	materials; or
857	857	(5) use any combination of the methods described by
858	858	Subdivisions (1), (2), (3), and (4) to acquire open education
859	859	resource instructional materials.
860	860	(b-1) The commissioner [and
861	861	[(2)] may make available [purchase] more than one
862	862	[state-developed] open education resource instructional material
863	863	for a subject or grade level.
864	864	(b-2) The commissioner shall:
865	865	(1) to the extent practicable, ensure full subject
866	866	tier one instructional materials are available as open education
867	867	resource instructional material for:
868	868	(A) English language arts and mathematics
869	869	courses in kindergarten through grade eight;
870	870	(B) prekindergarten, in subject areas related to
871	871	English language arts and mathematics; and
872	872	(C) all foundation curriculum courses in
873	873	kindergarten through grade five in a manner that permits the
874	874	instruction of the content to be provided:
875	875	(i) in an integrated manner; and
876	876	(ii) for approximately 240 minutes of
877	877	instructional time per day, including time needed each day for
878	878	accelerated instruction under Section 28.0211; and
879	879	(2) ensure open education resource instructional
880	880	materials are available to all students, parents, classroom
881	881	teachers, and school districts in this state free of charge, except
882	882	for a fee for the printing or shipping of the material.
883	883	(c) Except as provided by Section 31.0711, an [a
884	884	state-developed] open education resource instructional material
885	885	must be licensed to this state under an intellectual property
886	886	license that allows for free use, reuse, modification, or sharing
887	887	with others as described by Section 31.07101 [irrevocably owned by
888	888	the state. The state must have unlimited authority to modify,
889	889	delete, combine, or add content to the instructional material after
890	890	purchase].
891	891	(d) [The commissioner may issue a request for proposals for
892	892	state-developed open education resource instructional material:
893	893	[(1) in accordance with the instructional material
894	894	review and adoption cycle under Section 31.022; or
895	895	[(2) at any other time the commissioner determines
896	896	that a need exists for additional instructional material options.
897	897	[(e)] The costs of administering this subchapter and
898	898	ensuring the availability of [purchasing state-developed] open
899	899	education resource instructional materials shall be paid from funds
900	900	appropriated for the purpose and the state instructional materials
901	901	and technology fund, as determined by the commissioner.
902	902	SECTION 29. Subchapter B-1, Chapter 31, Education Code, is
903	903	amended by adding Section 31.07101 to read as follows:
904	904	Sec. 31.07101. FREE USE, REUSE, MODIFICATION, OR SHARING
905	905	LICENSE. (a) Instructional material is licensed to this state
906	906	under an intellectual property license that allows for free use,
907	907	reuse, modification, or sharing with others if the license:
908	908	(1) is irrevocable and perpetual;
909	909	(2) permits the state to sublicense the material;
910	910	(3) authorizes the use of the material by any person in
911	911	any location permitted by the terms of the original license, if
912	912	applicable;
913	913	(4) authorizes access, use, transmission, adaptation,
914	914	public display, public performance, public distribution, and
915	915	copying of the material; and
916	916	(5) authorizes the creation of derivative works as
917	917	permitted by the terms of the original license, if applicable.
918	918	(b) Instructional material licensed to this state under an
919	919	intellectual property license that is restricted to noncommercial
920	920	or educational use qualifies under this subchapter as instructional
921	921	material licensed to this state under a license that allows for free
922	922	use, reuse, modification, or sharing with others.
923	923	SECTION 30. Section 31.0711, Education Code, is amended to
924	924	read as follows:
925	925	Sec. 31.0711. CONTENT NOT OWNED BY STATE. Open education
926	926	resource instructional [Instructional] material made available
927	927	[purchased] under this subchapter may include content not owned by
928	928	the state and for which preexisting rights may exist if the content:
929	929	(1) is in the public domain;
930	930	(2) may be used under a limitation or exception to
931	931	copyright law, including a limitation under Section 107, Copyright
932	932	Act of 1976 (17 U.S.C. Section 107); [or]
933	933	(3) has been made available by the copyright owner
934	934	under a Creative Commons license or another intellectual property
935	935	license that allows for free use, reuse, modification, or sharing
936	936	as described by Section 31.07101; or
937	937	(4) is licensed to the state under another [a] license
938	938	that:
939	939	(A) grants access to and allows for use of the
940	940	material by students, teachers, educators, and other education
941	941	professionals [the state unlimited authority to modify, delete,
942	942	combine, or add content];
943	943	(B) permits access, use, public display, public
944	944	performance, public distribution, and copying of the material for
945	945	noncommercial or educational purposes [the free use and repurposing
946	946	of the material by any person or entity]; and
947	947	(C) is for a term of use acceptable to the
948	948	commissioner to ensure a useful life of the material.
949	949	SECTION 31. Subchapter B-1, Chapter 31, Education Code, is
950	950	amended by adding Section 31.0712 to read as follows:
951	951	Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The
952	952	agency shall establish an open education resource advisory board to
953	953	ensure that open education resource instructional materials made
954	954	available under this subchapter are:
955	955	(1) of the highest quality;
956	956	(2) aligned with the essential knowledge and skills
957	957	adopted by the State Board of Education under Section 28.002 for the
958	958	applicable subject and grade level;
959	959	(3) suitable for the age of students at the grade level
960	960	for which the materials are developed;
961	961	(4) free from bias and factual error; and
962	962	(5) in compliance with Section 28.0022.
963	963	SECTION 32. Section 31.072, Education Code, is amended to
964	964	read as follows:
965	965	Sec. 31.072. CONTENT REQUIREMENTS. (a) Before being made
966	966	available under this subchapter, [State-developed] open education
967	967	resource instructional material must[:
968	968	[(1)] be evaluated by:
969	969	(1) teachers or other experts, as determined by the
970	970	commissioner[, before purchase]; and
971	971	(2) parents of students in this state [meet the
972	972	requirements for inclusion on the instructional material list
973	973	adopted under Section 31.023].
974	974	(b) Based on feedback received by the agency from teachers,
975	975	parents, and other experts regarding open education resource
976	976	instructional materials made available under this subchapter, the
977	977	[Following a curriculum revision by the State Board of Education,
978	978	the commissioner shall require the revision of state-developed open
979	979	education resource instructional material relating to that
980	980	curriculum. The] commissioner may, at any time, require an
981	981	additional revision of the [state-developed open education
982	982	resource instructional] material [or contract for ongoing
983	983	revisions of state-developed open education resource instructional
984	984	material for a period not to exceed the period under Section 31.022
985	985	for which instructional material for that subject and grade level
986	986	may be adopted. The commissioner shall use a competitive process to
987	987	request proposals to revise state-developed open education
988	988	resource instructional material under this subsection].
989	989	SECTION 33. Subchapter B-1, Chapter 31, Education Code, is
990	990	amended by adding Section 31.0721 to read as follows:
991	991	Sec. 31.0721. REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE
992	992	INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),
993	993	open education resource instructional material may not be made
994	994	available under this subchapter to students, teachers, educators,
995	995	or other education professionals before being reviewed by the
996	996	agency under Section 31.023 and included on the list of approved
997	997	instructional materials maintained by the State Board of Education
998	998	under Section 31.022.
999	999	(b) The agency may make open education resource
1000	1000	instructional material available to a limited number of classroom
1001	1001	teachers for a limited time before the material is reviewed by the
1002	1002	agency under Section 31.023 and included on the list of approved
1003	1003	instructional materials maintained by the State Board of Education
1004	1004	under Section 31.022 to assist in developing or testing the quality
1005	1005	of the material. A school district may only use unreviewed material
1006	1006	made available under this subsection in a grade level in which the
1007	1007	material has not been used previously if:
1008	1008	(1) the board of trustees of the district approves the
1009	1009	use of the unreviewed material; and
1010	1010	(2) the district provides evidence to the agency
1011	1011	showing that classroom teachers support the use of the material.
1012	1012	SECTION 34. Section 31.083, Education Code, is transferred
1013	1013	to Subchapter B-1, Chapter 31, Education Code, redesignated as
1014	1014	Section 31.0722, Education Code, and amended to read as follows:
1015	1015	Sec. 31.0722 [31.083]. OPEN EDUCATION RESOURCE
1016	1016	INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall
1017	1017	include in the Internet website [web portal] developed under
1018	1018	Section 31.025 [31.081] a repository of open education resource
1019	1019	instructional materials, including open education resource
1020	1020	instructional materials made available under Section 31.0721(b),
1021	1021	and other electronic instructional materials that school districts
1022	1022	and open-enrollment charter schools may access at no cost.
1023	1023	(b) The repository under Subsection (a) must:
1024	1024	(1) comply with the requirements of Section 31.154;
1025	1025	and
1026	1026	(2) allow a person to provide comments on open
1027	1027	education resource instructional material contained in the
1028	1028	repository to assist the agency in improving and updating the
1029	1029	material.
1030	1030	(c) The agency shall ensure that a person may order a print
1031	1031	copy of any open education resource instructional material included
1032	1032	in the repository that is reducible to print [A publisher may submit
1033	1033	instructional materials for inclusion in the repository].
1034	1034	SECTION 35. Sections 31.073 and 31.074, Education Code, are
1035	1035	amended to read as follows:
1036	1036	Sec. 31.073. SELECTION BY SCHOOL DISTRICT. (a) Except as
1037	1037	otherwise provided by this code, the commissioner may not require a
1038	1038	school district or open-enrollment charter school to adopt or use
1039	1039	an open education resource instructional material.
1040	1040	(c) A [Notwithstanding Section 31.022, a] school district
1041	1041	or open-enrollment charter school may adopt [state-developed] open
1042	1042	education resource instructional material at any time[, regardless
1043	1043	of the instructional material review and adoption cycle under that
1044	1044	section].
1045	1045	(d) A school district or open-enrollment charter school may
1046	1046	not be charged for a cost associated with the selection of an
1047	1047	[state-developed] open education resource instructional material,
1048	1048	except for the cost of printing copies of the material [in addition
1049	1049	to instructional material adopted under Subchapter B].
1050	1050	Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
1051	1051	provide for the distribution of [state-developed] open education
1052	1052	resource instructional materials in a manner consistent with
1053	1053	distribution of instructional materials approved [adopted] under
1054	1054	Subchapter B.
1055	1055	(b) The commissioner may use a competitive process to
1056	1056	contract for printing, [or] other reproduction, or storage of
1057	1057	[state-developed] open education resource instructional material
1058	1058	on behalf of a school district or open-enrollment charter school.
1059	1059	The commissioner may not require a school district or
1060	1060	open-enrollment charter school to contract with a state-approved
1061	1061	provider for the printing, [or] reproduction, or storage of
1062	1062	[state-developed] open education resource instructional material.
1063	1063	(c) The agency is not required to comply with Subchapters C
1064	1064	and D, Chapter 2052, Government Code, with regard to the printing or
1065	1065	reproduction of an open education resource instructional material
1066	1066	made available under this subchapter.
1067	1067	SECTION 36. The heading to Section 31.075, Education Code,
1068	1068	is amended to read as follows:
1069	1069	Sec. 31.075. STATE OWNERSHIP; LICENSING.
1070	1070	SECTION 37. Sections 31.075(a), (b), (c), (d), and (e),
1071	1071	Education Code, are amended to read as follows:
1072	1072	(a) Except as otherwise provided by this subchapter,
1073	1073	[State-developed] open education resource instructional material
1074	1074	is the property of the state.
1075	1075	(b) To encourage the use of instructional material
1076	1076	purchased by the state under this subchapter by school districts
1077	1077	and open-enrollment charter schools, the commissioner may [shall]
1078	1078	provide a license for the instructional material that [allows for
1079	1079	the free use, reuse, modification, or sharing of the material by any
1080	1080	person or entity.
1081	1081	[(c) The terms of a license provided by the commissioner
1082	1082	under this section]:
1083	1083	(1) requires [shall require] that a user who
1084	1084	reproduces the instructional material in any manner:
1085	1085	(A) except as provided by Subdivision (2)(A),
1086	1086	must keep all copyright notices for the material intact;
1087	1087	(B) except as provided by Subdivision (2)(A),
1088	1088	must attribute the authorship of the material to the agency or
1089	1089	another person specified by the commissioner;
1090	1090	(C) must indicate if the user has modified the
1091	1091	material;
1092	1092	(D) may not assert or imply any connection with
1093	1093	or sponsorship or endorsement by the agency or this state, unless
1094	1094	authorized by the commissioner; and
1095	1095	(E) to the extent reasonably practicable, must
1096	1096	provide in any product or derivative material a uniform resource
1097	1097	identifier or hyperlink through which a person may obtain the
1098	1098	material free of charge;
1099	1099	(2) provides [must provide] that:
1100	1100	(A) the commissioner may request that a user
1101	1101	remove a copyright notice or attribution from the material and that
1102	1102	a user must comply with the request to the extent reasonably
1103	1103	practicable; and
1104	1104	(B) the rights granted under the license to a
1105	1105	user are automatically terminated if the user fails to comply with
1106	1106	the terms of the license; and
1107	1107	(3) includes [may include] any additional terms
1108	1108	determined by the commissioner.
1109	1109	(d) The commissioner may exempt a license under this section
1110	1110	from including one or more of the requirements under Subsection
1111	1111	(b)(1) [(c)(1)].
1112	1112	(e) The commissioner shall determine what is considered
1113	1113	reasonably practicable for purposes of Subsections (b)(1)(E)
1114	1114	[(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].
1115	1115	SECTION 38. Subchapter B-1, Chapter 31, Education Code, is
1116	1116	amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as
1117	1117	follows:
1118	1118	Sec. 31.0751. OPEN EDUCATION RESOURCE INSTRUCTIONAL
1119	1119	MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection
1120	1120	(c), to qualify for additional state aid under Section 48.308 the
1121	1121	board of trustees of a school district must adopt an open education
1122	1122	resource instructional material transition plan to assist
1123	1123	classroom teachers in the district who will be using an open
1124	1124	education resource instructional material in a specific subject or
1125	1125	grade level for which the teacher has not previously used an open
1126	1126	education resource instructional material.
1127	1127	(b) A plan adopted under this section must ensure that open
1128	1128	education resource instructional materials are used in a manner
1129	1129	that maintains the instructional flexibility of a classroom teacher
1130	1130	to address the needs of each student.
1131	1131	(c) A school district that participates in the program
1132	1132	developed and maintained by the agency under Section 31.0752 is not
1133	1133	required to adopt a transition plan under this section.
1134	1134	Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL
1135	1135	MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a
1136	1136	program to assist school districts and open-enrollment charter
1137	1137	schools in adopting and using open education resource instructional
1138	1138	material made available under this subchapter, including by
1139	1139	assisting districts and schools to:
1140	1140	(1) maintain the instructional flexibility of
1141	1141	classroom teachers to address the needs of each student; and
1142	1142	(2) schedule instructional periods in a manner that
1143	1143	allows classroom teachers sufficient time to effectively prepare
1144	1144	and present instructional material within the teacher's normal work
1145	1145	day.
1146	1146	Sec. 31.0753. TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.
1147	1147	The agency shall develop and maintain a program to assist educator
1148	1148	preparation programs in implementing Section 21.044(a-1)(4).
1149	1149	SECTION 39. Section 31.076(b), Education Code, is amended
1150	1150	to read as follows:
1151	1151	(b) A decision made by the commissioner under this
1152	1152	subchapter [regarding the purchase, revision, cost, licensing, or
1153	1153	distribution of state-developed open education resource
1154	1154	instructional material] is final and may not be appealed.
1155	1155	SECTION 40. Section 31.004, Education Code, is transferred
1156	1156	to Subchapter C, Chapter 31, Education Code, redesignated as
1157	1157	Section 31.1011, Education Code, and amended to read as follows:
1158	1158	Sec. 31.1011 [31.004]. CERTIFICATION OF PROVISION OF
1159	1159	INSTRUCTIONAL MATERIALS. (a) Each school district and
1160	1160	open-enrollment charter school shall annually certify to the State
1161	1161	Board of Education and the commissioner that:
1162	1162	(1) [,] for each subject in the required curriculum
1163	1163	under Section 28.002, other than physical education, and each grade
1164	1164	level, the district or school:
1165	1165	(A) provides each student with instructional
1166	1166	materials that cover all elements of the essential knowledge and
1167	1167	skills adopted by the State Board of Education for that subject and
1168	1168	grade level; and
1169	1169	(B) in the provision of instructional materials,
1170	1170	protects students from obscene or harmful content as necessary for
1171	1171	compliance with:
1172	1172	(i) the Children's Internet Protection Act
1173	1173	(Pub. L. No. 106-554);
1174	1174	(ii) Section 28.0022;
1175	1175	(iii) Section 43.22, Penal Code; and
1176	1176	(iv) any other law or regulation that
1177	1177	protects students from obscene or harmful content; and
1178	1178	(2) the district or school used money allocated to the
1179	1179	district or school under the instructional materials and technology
1180	1180	allotment only for purposes allowed under Section 31.0211.
1181	1181	(b) To determine whether each student has instructional
1182	1182	materials that cover all elements of the essential knowledge and
1183	1183	skills as required by Subsection (a), a school district or
1184	1184	open-enrollment charter school may consider:
1185	1185	(1) instructional materials adopted by the State Board
1186	1186	of Education;
1187	1187	(2) [materials adopted or purchased by the
1188	1188	commissioner under Section 31.0231 or Subchapter B-1;
1189	1189	[(3) open education resource instructional materials
1190	1190	submitted by eligible institutions and adopted by the State Board
1191	1191	of Education under Section 31.0241;
1192	1192	[(4) open education resource instructional materials
1193	1193	made available by other public schools;
1194	1194	[(5)] instructional materials developed, [or]
1195	1195	purchased, or otherwise acquired by the school district or
1196	1196	open-enrollment charter school; and
1197	1197	(3) [(6)] open education resource instructional
1198	1198	materials and other electronic instructional materials included in
1199	1199	the repository under Section 31.0722 [31.083].
1200	1200	SECTION 41. Subchapter C, Chapter 31, Education Code, is
1201	1201	amended by adding Section 31.1012 to read as follows:
1202	1202	Sec. 31.1012. REPORT TO AGENCY. Each school district shall
1203	1203	annually report to the agency information regarding the
1204	1204	instructional materials used by the district during the previous
1205	1205	school year, including the cost of each material, to assist the
1206	1206	agency in ensuring compliance with Section 31.151(a).
1207	1207	SECTION 42. The heading to Section 31.102, Education Code,
1208	1208	is amended to read as follows:
1209	1209	Sec. 31.102. TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.
1210	1210	SECTION 43. Section 31.102, Education Code, is amended by
1211	1211	adding Subsection (d) to read as follows:
1212	1212	(d) A school district is not required to use a method
1213	1213	provided by Section 44.031(a) to purchase instructional materials
1214	1214	that have been reviewed by the agency under Section 31.023 and
1215	1215	included on the list of approved instructional materials maintained
1216	1216	by the State Board of Education under Section 31.022.
1217	1217	SECTION 44. Section 31.103(c), Education Code, is amended
1218	1218	to read as follows:
1219	1219	(c) In making a requisition under this section, a school
1220	1220	district or open-enrollment charter school may requisition
1221	1221	instructional materials [on the list adopted under Section 31.023]
1222	1222	for grades above the grade level in which a student is enrolled.
1223	1223	SECTION 45. Section 31.151, Education Code, is amended by
1224	1224	amending Subsection (a) and adding Subsection (a-1) to read as
1225	1225	follows:
1226	1226	(a) A publisher or manufacturer of instructional materials:
1227	1227	(1) shall furnish any instructional material the
1228	1228	publisher or manufacturer offers in this state at a price that does
1229	1229	not exceed the lowest price at which the publisher offers that
1230	1230	instructional material for adoption or sale to any state, public
1231	1231	school, or school district in the United States;
1232	1232	(2) shall automatically reduce the price of
1233	1233	instructional material sold for use in a school district or
1234	1234	open-enrollment charter school to the extent that the price is
1235	1235	reduced elsewhere in the United States;
1236	1236	(3) shall provide any instructional material or
1237	1237	ancillary item free of charge in this state to the same extent that
1238	1238	the publisher or manufacturer provides the instructional material
1239	1239	or ancillary item free of charge to any state, public school, or
1240	1240	school district in the United States;
1241	1241	(4) shall guarantee that each copy of instructional
1242	1242	material sold in this state is at least equal in quality to copies
1243	1243	of that instructional material sold elsewhere in the United States
1244	1244	and is free from factual error;
1245	1245	(5) may not become associated or connected with,
1246	1246	directly or indirectly, any combination in restraint of trade in
1247	1247	instructional materials or enter into any understanding or
1248	1248	combination to control prices or restrict competition in the sale
1249	1249	of instructional materials for use in this state;
1250	1250	(6) shall deliver instructional materials to a
1251	1251	school district or open-enrollment charter school;
1252	1252	(7) shall, at the time an order for instructional
1253	1253	materials is acknowledged, provide to school districts or
1254	1254	open-enrollment charter schools an accurate shipping date for
1255	1255	instructional materials that are back-ordered;
1256	1256	(8) shall guarantee delivery of instructional
1257	1257	materials at least 10 business days before the opening day of school
1258	1258	of the year for which the instructional materials are ordered if the
1259	1259	instructional materials are ordered by a date specified in the
1260	1260	sales contract; [and]
1261	1261	(9) shall submit to the State Board of Education an
1262	1262	affidavit certifying any instructional material the publisher or
1263	1263	manufacturer offers in this state to be free of factual errors at
1264	1264	the time the publisher executes the contract required by Section
1265	1265	31.026; and
1266	1266	(10) shall comply with all other standard terms and
1267	1267	conditions adopted by the State Board of Education for use in
1268	1268	contracts for the procurement of instructional materials under
1269	1269	Subsection (a-1).
1270	1270	(a-1) The State Board of Education shall adopt standard
1271	1271	terms and conditions for use in contracts for the procurement of
1272	1272	instructional materials from publishers and manufacturers under
1273	1273	this section.
1274	1274	SECTION 46. Subchapter D, Chapter 31, Education Code, is
1275	1275	amended by adding Section 31.154 to read as follows:
1276	1276	Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
1277	1277	The board shall adopt standards for entities that supply
1278	1278	instructional materials reviewed by the agency under Section 31.023
1279	1279	to make instructional materials supplied by the entity available on
1280	1280	a parent portal hosted by the entity.
1281	1281	(b) An instructional materials parent portal must:
1282	1282	(1) provide to each parent of a student enrolled in a
1283	1283	school district or open-enrollment charter school access to
1284	1284	instructional material that is included in the portal and used by
1285	1285	the district or school;
1286	1286	(2) organize instructional material by unit and in the
1287	1287	order in which the material is designed to be used;
1288	1288	(3) be capable of being searched by key word; and
1289	1289	(4) for instructional material not available in a
1290	1290	digital format, contain sufficient information to allow a parent to
1291	1291	locate a physical copy of the material.
1292	1292	(c) Standards adopted under Subsection (a) may not require a
1293	1293	classroom teacher to submit instructional materials developed by
1294	1294	the teacher for inclusion in an instructional materials parent
1295	1295	portal.
1296	1296	(d) To comply with an intellectual property license or other
1297	1297	restrictions placed on an instructional material and to maintain
1298	1298	security of the information contained in an instructional materials
1299	1299	parent portal under this section, a parent may be required, before
1300	1300	accessing the portal, to:
1301	1301	(1) enter a password;
1302	1302	(2) comply with other user access verification
1303	1303	procedures; and
1304	1304	(3) accept user terms and conditions, which may not
1305	1305	limit or exclude access to instructional material based on the uses
1306	1306	of the material that would otherwise be permitted under fair use
1307	1307	provisions of copyright law.
1308	1308	(e) A parent's access to an instructional materials parent
1309	1309	portal under this section may be temporarily denied if the parent
1310	1310	fails or refuses to comply with a restriction under Subsection (d).
1311	1311	(f) An entity that hosts an instructional materials parent
1312	1312	portal must comply with requests regarding parental access to the
1313	1313	portal made by a school district in compliance with this section or
1314	1314	Section 26.006.
1315	1315	SECTION 47. Section 33.004(b), Education Code, is amended
1316	1316	to read as follows:
1317	1317	(b) Each school, before implementing a comprehensive school
1318	1318	counseling program under Section 33.005, shall annually conduct a
1319	1319	preview of the program for parents and guardians. All materials,
1320	1320	including curriculum to be used during the year that is not
1321	1321	available digitally through an instructional materials parent
1322	1322	portal under Section 31.154, must be available for a parent or
1323	1323	guardian to preview during school hours. Materials or curriculum
1324	1324	not included in the materials on an instructional materials parent
1325	1325	portal or available on the campus for preview may not be used.
1326	1326	SECTION 48. Section 48.277(b), Education Code, is amended
1327	1327	to read as follows:
1328	1328	(b) For purposes of calculating maintenance and operations
1329	1329	revenue under Subsection (a), the commissioner shall:
1330	1330	(1) for purposes of Subsections (a)(1) and (2), use
1331	1331	the following applicable school year:
1332	1332	(A) in a school year ending in an even-numbered
1333	1333	year, the 2019-2020 school year; and
1334	1334	(B) in a school year ending in an odd-numbered
1335	1335	year, the 2019-2020 or 2020-2021 school year, whichever is greater;
1336	1336	(2) include all state and local funding, except for
1337	1337	any funding resulting from:
1338	1338	(A) reimbursement for disaster remediation costs
1339	1339	under former Sections 41.0931 and 42.2524;
1340	1340	(B) an adjustment for rapid decline in taxable
1341	1341	value of property under former Section 42.2521; [and]
1342	1342	(C) an adjustment for property value affected by
1343	1343	a state of disaster under former Section 42.2523; and
1344	1344	(D) additional state aid under Section 48.307 or
1345	1345	48.308;
1346	1346	(3) adjust the calculation to reflect a reduction in
1347	1347	tax effort by a school district; and
1348	1348	(4) if a school district or open-enrollment charter
1349	1349	school receives a waiver relating to eligibility requirements for
1350	1350	the national free or reduced-price lunch program under 42 U.S.C.
1351	1351	Section 1751 et seq., use the numbers of educationally
1352	1352	disadvantaged students on which the district's or school's
1353	1353	entitlement to compensatory education funds was based for the
1354	1354	school year before the school year in which the district or school
1355	1355	received the waiver, adjusted for estimated enrollment growth.
1356	1356	SECTION 49. Subchapter G, Chapter 48, Education Code, is
1357	1357	amended by adding Sections 48.307 and 48.308 to read as follows:
1358	1358	Sec. 48.307. ADDITIONAL STATE AID FOR STATE-APPROVED
1359	1359	INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the
1360	1360	district, a school district is entitled to additional state aid for
1361	1361	each school year in an amount equal to $40, or a greater amount
1362	1362	provided by appropriation, to procure instruction material that has
1363	1363	been:
1364	1364	(1) reviewed by the agency under Section 31.023;
1365	1365	(2) placed on the list of approved instructional
1366	1366	materials maintained by the State Board of Education under Section
1367	1367	31.022;
1368	1368	(3) designated by the State Board of Education under
1369	1369	Section 31.022 as being included or capable of being included in an
1370	1370	instructional materials parent portal under Section 31.154; and
1371	1371	(4) acquired from a publisher, manufacturer, or other
1372	1372	entity that has not been found to violate Section 31.151.
1373	1373	(b) A school district is entitled to the amount of state aid
1374	1374	provided by Subsection (a) each school year, regardless of whether
1375	1375	the district uses the amount during the school year for which the
1376	1376	amount was provided.
1377	1377	(c) Additional state aid provided under this section shall
1378	1378	be deposited to the credit of the district's instructional
1379	1379	materials and technology account maintained by the commissioner
1380	1380	under Section 31.0212 and may be accessed only for the procurement
1381	1381	of instructional materials in accordance with this section.
1382	1382	(d) Funds provided to a school district under this section
1383	1383	must be spent in compliance with the requirements for the use of
1384	1384	funds provided under this section and Section 31.0211.
1385	1385	Sec. 48.308. ADDITIONAL STATE AID FOR OPEN EDUCATION
1386	1386	RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751, a
1387	1387	school district is entitled to additional state aid for each school
1388	1388	year in an amount not to exceed $20 for each student for the costs
1389	1389	incurred or for which the district is obligated to pay during the
1390	1390	school year in which the aid is provided for the printing and
1391	1391	shipping of open education resource instructional material made
1392	1392	available under Subchapter B-1, Chapter 31.
1393	1393	(b) The amount to which a school district is entitled under
1394	1394	this section may not exceed actual costs incurred by the district or
1395	1395	for which the district is obligated to pay during the school year
1396	1396	for which the funds were provided.
1397	1397	(c) Additional state aid provided under this section shall
1398	1398	be deposited to the credit of the district's instructional
1399	1399	materials and technology account maintained by the commissioner
1400	1400	under Section 31.0212 and may be accessed only for the procurement
1401	1401	of instructional materials in accordance with this section.
1402	1402	(d) Funds provided to a school district under this section
1403	1403	must be spent in compliance with the requirements for the use of
1404	1404	funds provided under this section and Section 31.0211.
1405	1405	SECTION 50. The following provisions of the Education Code
1406	1406	are repealed:
1407	1407	(1) Section 31.0213;
1408	1408	(2) Sections 31.022(d-1), (e), (f), (g), (h), and (i);
1409	1409	(3) Section 31.0221;
1410	1410	(4) Section 31.0231;
1411	1411	(5) Section 31.024;
1412	1412	(6) Section 31.0241;
1413	1413	(7) Section 31.0242;
1414	1414	(8) Section 31.0261;
1415	1415	(9) Section 31.035;
1416	1416	(10) the heading to Subchapter B-2, Chapter 31;
1417	1417	(11) Section 31.081;
1418	1418	(12) Section 31.082;
1419	1419	(13) Section 31.084;
1420	1420	(14) Section 31.101; and
1421	1421	(15) Section 31.151(e).
1422	1422	SECTION 51. To the extent of any conflict, this Act prevails
1423	1423	over another Act of the 88th Legislature, Regular Session, 2023,
1424	1424	relating to nonsubstantive additions to and corrections in enacted
1425	1425	codes.
1426	1426	SECTION 52. (a) A contract entered into under Section
1427	1427	31.026 or 31.151, Education Code, as amended by this Act, before the
1428	1428	effective date of this Act is governed by the law in effect on the
1429	1429	date the contract was entered into, and the former law is continued
1430	1430	in effect for that purpose.
1431	1431	(b) A contract entered into under Section 31.026 or 31.151,
1432	1432	Education Code, as amended by this Act, after the effective date of
1433	1433	this Act for a program called for by the State Board of Education
1434	1434	under Proclamation 2024 is governed by the law in effect on the date
1435	1435	the proclamation was issued, and the former law is continued in
1436	1436	effect for that purpose.
1437	1437	(c) Section 31.026, Education Code, as amended by this Act,
1438	1438	does not apply to the review of or a contract for the purchase or
1439	1439	licensing of instructional materials required by the State Board of
1440	1440	Education pursuant to Proclamation 2024. The review of and
1441	1441	contracts for the purchase or licensing of instructional materials
1442	1442	required by the State Board of Education pursuant to Proclamation
1443	1443	2024 are governed by the law as it existed immediately before the
1444	1444	effective date of this Act, and the former law is continued in
1445	1445	effect for that purpose.
1446	1446	(d) Section 21.4045(b), Education Code, as added by this
1447	1447	Act, applies only to a contract entered into on or after the
1448	1448	effective date of this Act. A contract entered into before the
1449	1449	effective date of this Act is governed by the law in effect on the
1450	1450	date the contract was entered into, and the former law is continued
1451	1451	in effect for that purpose.
1452	1452	SECTION 53. (a) Except as provided by Subsection (b) of
1453	1453	this section, this Act applies beginning with the 2023-2024 school
1454	1454	year.
1455	1455	(b) Section 21.4045, Education Code, as added by this Act,
1456	1456	applies beginning with the 2024-2025 school year.
1457	1457	SECTION 54. (a) Except as provided by Subsection (b) of
1458	1458	this section, this Act takes effect immediately if it receives a
1459	1459	vote of two-thirds of all the members elected to each house, as
1460	1460	provided by Section 39, Article III, Texas Constitution. If this
1461	1461	Act does not receive the vote necessary for immediate effect, this
1462	1462	Act takes effect September 1, 2023.
1463	1463	(b) Sections 48.307 and 48.308, Education Code, as added by
1464	1464	this Act, and Section 48.277(b), Education Code, as amended by this
1465	1465	Act, take effect September 1, 2023.