H.B.ANo.

A1605

1 AN ACT

2 relating to instructional material and technology, the adoption of

3 essential knowledge and skills for certain public school foundation

4 curriculum subjects, and the extension of additional state aid to

5 school districts for the provision of certain instructional

6 materials; authorizing a fee.

7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

8 SECTIONA1.AASection 11.164, Education Code, is amended by

9 amending Subsection (a) and adding Subsection (a-1) to read as

10 follows:

11 (a)AAThe board of trustees of each school district shall

12 limit redundant requests for information and the number and length

13 of written reports that a classroom teacher is required to prepare.

14 A classroom teacher may not be required to prepare any written

15 information other than:

16 (1)AAany report concerning the health, safety, or

17 welfare of a student;

18 (2)AAa report of a student ’s grade on an assignment or

19 examination;

20 (3)AAa report of a student ’s academic progress in a

21 class or course;

22 (4)AAa report of a student ’s grades at the end of each

23 grade reporting period;

24 (5)AAa report on instructional materials;

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1 (6)AAsubject to Subsection (a-1), a unit or weekly

2 lesson plan that outlines, in a brief and general manner, the

3 information to be presented during each period at the secondary

4 level or in each subject or topic at the elementary level;

5 (7)AAan attendance report;

6 (8)AAany report required for accreditation review;

7 (9)AAany information required by a school district that

8 relates to a complaint, grievance, or actual or potential

9 litigation and that requires the classroom teacher ’s involvement;

10 or

11 (10)AAany information specifically required by law,

12 rule, or regulation.

13 (a-1)AAA unit or weekly lesson plan that is included in

14 instructional material, as defined by Section 31.002, and adopted

15 by the board of trustees of the school district at which a teacher

16 is employed is sufficient to satisfy a requirement to prepare

17 written information described by Subsection (a)(6).

18 SECTIONA2.AASection 21.044, Education Code, is amended by

19 amending Subsection (a-1) and adding Subsection (h) to read as

20 follows:

21 (a-1)AAAny training requirements for a certificate specified

22 under Subsection (a) must require that the person demonstrate:

23 (1)AAbasic knowledge of:

24 (A)AAeach disability category under the

25 Individuals with Disabilities Education Act (20 U.S.C. Section 1400

26 et seq.) and how each category can affect student learning and

27 development; and

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1 (B)AAconditions that may be considered a

2 disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.

3 Section 794), and how a condition covered by that section can affect

4 student learning and development;

5 (2)AAcompetence in the use of proactive instructional

6 planning techniques that:

7 (A)AAprovide flexibility in the ways:

8 (i)AAinformation is presented;

9 (ii)AAstudents respond or demonstrate

10 knowledge and skills; and

11 (iii)AAstudents are engaged;

12 (B)AAreduce barriers in instruction;

13 (C)AAprovide appropriate accommodations,

14 supports, and challenges; and

15 (D)AAmaintain high achievement expectations for

16 all students, including students with disabilities and students of

17 limited English proficiency; [and]

18 (3)AAcompetence in the use of evidence-based inclusive

19 instructional practices, including:

20 (A)AAgeneral and special education collaborative

21 and co-teaching models and approaches;

22 (B)AAmultitiered systems of support, including

23 response to intervention strategies, classroom and school level

24 data-based collaborative structures, and evidence-based strategies

25 for intervention and progress monitoring systems in academic areas;

26 (C)AAclassroom management techniques using

27 evidence-based behavioral intervention strategies and supports;

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1 and

2 (D)AAappropriate adaptation strategies, including

3 accommodations, modifications, and instruction in the use of

4 assistive technology for instruction; and

5 (4)AAthorough understanding of and competence in the

6 use of open education resource instructional materials included on

7 the list of approved instructional materials maintained by the

8 State Board of Education under Section 31.022 in each subject area

9 and grade level covered by the person ’s certificate.

10 (h)AAAn educator preparation program may not include

11 instruction on the use of instructional materials that incorporate

12 the method of three-cueing, as defined by Section 28.0062(a-1),

13 into foundational skills reading instruction.

14 SECTIONA3.AASubchapter I, Chapter 21, Education Code, is

15 amended by adding Section 21.4045 to read as follows:

16 Sec.A21.4045.AAPLANNING AND NONINSTRUCTIONAL DUTIES OF

17 TEACHERS. (a) A school district may enter into a supplemental

18 agreement with a classroom teacher under which the teacher agrees

19 to perform a duty relating to initial lesson plan design or

20 instructional material selection that is not a duty generally:

21 (1)AAanticipated to be performed during the

22 instructional day; and

23 (2)AAassigned to all classroom teachers of the same

24 subject and grade level under those teachers ’ employment contracts.

25 (b)AAA school district may not require a classroom teacher

26 for a foundation curriculum course to spend planning and

27 preparation time to which the teacher is entitled under Section

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1 21.404 creating or selecting instructional materials to initially

2 cover the applicable essential knowledge and skills for the course

3 unless the teacher has entered into a supplemental agreement

4 described by Subsection (a). This subsection may not be construed

5 to prohibit a classroom teacher from choosing to spend the

6 teacher ’s planning and preparation time creating or selecting

7 instructional materials.

8 (c)AAA supplemental agreement between a school district and a

9 classroom teacher described by Subsection (a) under which a teacher

10 is assigned responsibility for a greater number of duties unrelated

11 to providing instruction than other full-time teachers of the same

12 grade level in the district must explicitly state each of the

13 teacher ’s duties unrelated to providing instruction.

14 SECTIONA4.AASubchapter B, Chapter 22, Education Code, is

15 amended by adding Section 22.05125 to read as follows:

16 Sec.A22.05125.AAIMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR

17 CLASSROOM TEACHERS. (a) In this section, "disciplinary

18 proceeding" has the meaning assigned by Section 22.0512.

19 (b)AAA classroom teacher employed by a school district may

20 not be subject to disciplinary proceedings for an allegation that

21 the teacher violated Section 28.0022, the Establishment Clause of

22 the First Amendment of the United States Constitution, or a related

23 state or federal law if:

24 (1)AAthe teacher used only instructional material

25 included on the list of approved instructional material maintained

26 by the State Board of Education under Section 31.022 and adopted by

27 the district; and

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1 (2)AAthe allegation does not dispute that the teacher

2 delivered instruction from instructional material described by

3 Subdivision (1) with fidelity.

4 (c)AAThe immunity provided by Subsection (b) is in addition

5 to any other immunity provided by law. This section may not be

6 construed to interfere with any other immunity provided by law.

7 SECTIONA5.AASection 26.006, Education Code, is amended by

8 amending Subsection (b) and adding Subsections (b-1) and (f) to

9 read as follows:

10 (b)AAA school district shall make tests readily available for

11 review by parents in person and teaching materials [and tests]

12 readily available for review by parents both in person and, if

13 applicable, through an instructional materials parent portal

14 established under Section 31.154. In providing access to

15 instructional materials to a student ’s parent under this section,

16 the district shall:

17 (1)AAallow access beginning not later than 30 days

18 before the school year begins and concluding not earlier than 30

19 days after the school year ends; and

20 (2)AAinclude, for the entire period specified in

21 Subdivision (1), access to all instructional materials that pertain

22 to each subject area in the grade level in which the student is

23 enrolled, except for:

24 (A)AAtests or exams that have not yet been

25 administered to the student; and

26 (B)AAthe student ’s graded assignments.

27 (b-1)AAThe district may specify reasonable hours for

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1 in-person review.

2 (f)AAA school district may not deny a parent access to an

3 instructional materials parent portal hosted under Section 31.154.

4 SECTIONA6.AAChapter 26, Education Code, is amended by adding

5 Section 26.0061 to read as follows:

6 Sec.A26.0061.AARIGHT TO REQUEST INSTRUCTIONAL MATERIAL

7 REVIEW. (a) The board of trustees of each school district shall

8 establish a process by which a parent of a student, as indicated on

9 the student registration form at the student ’s campus, may request

10 an instructional material review under Section 31.0252 for a

11 subject area in the grade level in which the student is enrolled.

12 (b)AAA process established under Subsection (a):

13 (1)AAmay not require more than one parent of a student

14 to make the request;

15 (2)AAmust provide for the board of trustees of the

16 school district to determine if the request will be granted, either

17 originally or through an appeal process; and

18 (3)AAmay permit the requesting parent to review the

19 instructional material directly before the district conducts an

20 instructional material review under Section 31.0252.

21 (c)AAIf the parents of at least 25 percent of the students

22 enrolled at a campus present to the board of trustees of the school

23 district in which the campus is located a petition for the board to

24 conduct an instructional material review under Section 31.0252, the

25 board shall, subject to Subsection (d), conduct the review, unless

26 the petition is presented by the parents of less than 50 percent of

27 the students enrolled at the campus and, by a majority vote, the

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1 board denies the request. A review conducted under this subsection

2 shall include a review of instructional materials for each subject

3 area or grade level specified in the petition.

4 (d)AAThe board of trustees of a school district is not

5 required to conduct a review under this section for a specific

6 subject area or grade level at a specific district campus more than

7 once per school year.

8 (e)AAParental access to instructional material provided by

9 an instructional material review conducted under this section is in

10 addition to any other right to access instructional material

11 granted by this title or school district policy.

12 (f)AAThe State Board of Education may adopt rules to

13 implement this section.

14 SECTIONA7.AASection 28.002, Education Code, is amended by

15 adding Subsections (c-4) and (c-5) to read as follows:

16 (c-4)AAIn adopting essential knowledge and skills for

17 English language arts under Subsection (a)(1)(A), the State Board

18 of Education shall specify a list of required vocabulary and at

19 least one literary work to be taught in each grade level. The

20 vocabulary specified by the board must support the essential

21 knowledge and skills adopted for other courses offered under the

22 foundation curriculum under Subsection (a)(1).

23 (c-5)AAThe State Board of Education shall initiate the

24 process of specifying an initial list of vocabulary and literary

25 works as required by Subsection (c-4) not later than February 1,

26 2024. The State Board of Education shall request from the agency

27 recommendations regarding the list, and that request for

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1 recommendations may be considered an initiation of the process.

2 This subsection expires September 1, 2025.

3 SECTIONA8.AAThe heading to Section 28.0027, Education Code,

4 is amended to read as follows:

5 Sec.A28.0027.AADISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,

6 AND INSTRUCTIONAL MATERIAL.

7 SECTIONA9.AASections 28.0027(a) and (b), Education Code, are

8 amended to read as follows:

9 (a)AAIn adopting a recommended or designated scope and

10 sequence or instructional materials for a subject in the required

11 curriculum under Section 28.002(a) in a particular grade level, a

12 school district shall ensure sufficient time is provided for

13 teachers to teach and students to learn the essential knowledge and

14 skills for that subject and grade level.

15 (b)AAExcept as provided by Subsection (c), a school district

16 may not penalize a teacher who does not follow the pacing of [a]

17 recommended or designated instructional materials or the pacing of

18 the recommended or designated scope and sequence for a subject in

19 the required curriculum under Section 28.002(a) in a particular

20 grade level based on the teacher ’s determination that the teacher ’s

21 students need more or less time in a specific area to demonstrate

22 proficiency in the essential knowledge and skills for that subject

23 and grade level.

24 SECTIONA10.AASection 28.0062, Education Code, is amended by

25 adding Subsection (a-1) to read as follows:

26 (a-1)AAIn this subsection, "three-cueing" means a method of

27 reading instruction for identification of words by which a student

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1 is encouraged to draw on context and sentence structure to read

2 words without sounding the words out or using a phonics-based

3 approach. A school district or open-enrollment charter school may

4 not include any instruction that incorporates three-cueing in the

5 phonics curriculum required under Subsection (a)(1).

6 SECTIONA11.AAThe heading to Chapter 31, Education Code, is

7 amended to read as follows:

8 CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY

9 SECTIONA12.AASection 31.002, Education Code, is amended by

10 amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),

11 (1-c), and (3) to read as follows:

12 (1)AA"Full subject tier one instructional material"

13 means instructional material designed to, if implemented as

14 designed, provide a student with mastery of the essential knowledge

15 and skills adopted by the board for a certain subject and grade

16 level in the required curriculum under Section 28.002 or for

17 prekindergarten without the need for supplementation.

18 (1-a)AA"Instructional material" means content that

19 conveys the essential knowledge and skills of a subject in the

20 public school curriculum through a medium or a combination of media

21 for conveying information to a student. The term includes:

22 (A)AAmaterial used by a teacher, including a

23 lesson plan, answer key, grading rubric, or unit plan;

24 (B)AAmaterial used by a principal or campus

25 instructional leader to support instruction; and

26 (C)AAmaterial used by a student, including a book,

27 supplementary materials, a combination of a book, workbook, and

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1 supplementary materials, computer software, magnetic media, DVD,

2 CD-ROM, computer courseware, on-line services, or an electronic

3 medium, or other means of conveying information to the student or

4 otherwise contributing to the learning process through electronic

5 means, including open education resource instructional material.

6 (1-b)A[(1-a)]AA"Open education resource instructional

7 material" means teaching, learning, and research resources that

8 reside in the public domain or have been released under an

9 intellectual property license that allows for free use, reuse,

10 modification, and sharing with others, including full courses,

11 course materials, modules, textbooks, streaming videos, tests,

12 software, and any other tools, materials, or techniques used to

13 support access to knowledge. [The term includes state-developed

14 open education resource instructional material purchased under

15 Subchapter B-1.]

16 (1-c)AA"Partial subject tier one instructional

17 material" means instructional material designed to, if implemented

18 as designed, provide a student with mastery in a portion of the

19 essential knowledge and skills adopted by the State Board of

20 Education for a certain subject and grade level in the required

21 curriculum under Section 28.002 or for prekindergarten without the

22 need for supplementation in the essential knowledge and skills

23 covered.

24 (3)AA"Supplemental instructional material" means

25 instructional material designed to assist in the instruction of one

26 or more of the essential knowledge and skills adopted by the State

27 Board of Education for a subject in the required curriculum under

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1 Section 28.002 or for prekindergarten.

2 SECTIONA13.AASection 31.003, Education Code, is amended to

3 read as follows:

4 Sec.A31.003.AARULES. (a) The State Board of Education may

5 adopt rules, consistent with this chapter, for the adoption,

6 requisition, distribution, care, use, and disposal of

7 instructional materials.

8 (b)AAThe commissioner may adopt rules, consistent with this

9 chapter, as necessary to implement a provision of this chapter that

10 the commissioner or agency is responsible for implementing.

11 SECTIONA14.AASubchapter A, Chapter 31, Education Code, is

12 amended by adding Section 31.006 to read as follows:

13 Sec.A31.006.AAADVISORY COMMITTEE. The State Board of

14 Education or the agency may form an advisory committee to comply

15 with the provisions of this chapter. Chapter 2110, Government

16 Code, does not apply to an advisory committee formed under this

17 section.

18 SECTIONA15.AAChapter 31, Education Code, is amended by

19 adding Subchapter A-1, and a heading is added to that subchapter to

20 read as follows:

21 SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND

22 TECHNOLOGY

23 SECTIONA16.AASection 31.005, Education Code, is transferred

24 to Subchapter A-1, Chapter 31, Education Code, as added by this Act,

25 and redesignated as Section 31.0205 to read as follows:

26 Sec.A31.0205A[31.005].AAFUNDING FOR OPEN-ENROLLMENT CHARTER

27 SCHOOLS. An open-enrollment charter school is entitled to the

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1 instructional materials and technology allotment under this

2 chapter and is subject to this chapter as if the school were a

3 school district.

4 SECTIONA17.AASections 31.021, 31.0212, 31.0214, and 31.0215,

5 Education Code, are transferred to Subchapter A-1, Chapter 31,

6 Education Code, as added by this Act, and amended to read as

7 follows:

8 Sec.A31.021.AASTATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY

9 FUND. (a) The state instructional materials and technology fund

10 consists of:

11 (1)AAan amount set aside by the State Board of Education

12 from the available school fund, in accordance with Section

13 43.001(d); and

14 (2)AAall amounts lawfully paid into the fund from any

15 other source.

16 (c)AAMoney in the state instructional materials and

17 technology fund shall be used to:

18 (1)AAfund the instructional materials and technology

19 allotment, as provided by Section 31.0211;

20 (2)AApurchase special instructional materials for the

21 education of blind and visually impaired students in public

22 schools;

23 (3)AApay the expenses associated with the instructional

24 materials adoption and review process and Internet website

25 maintained under this chapter;

26 (4)AApay the expenses associated with the purchase,

27 [or] licensing, printing, or other reproduction of open education

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1 resource instructional material;

2 (5)AApay the expenses associated with the purchase of

3 instructional material, including freight and shipping and the

4 insurance expenses associated with freight and shipping;

5 (6)AAfund the technology lending grant program

6 established under Section 32.301; and

7 (7)AAprovide funding to the Texas School for the Blind

8 and Visually Impaired, the Texas School for the Deaf, and the Texas

9 Juvenile Justice Department[; and

10 [(8)AApay the expenses associated with the

11 instructional materials web portal developed under Section

12 31.081].

13 (d)AAMoney transferred to the state instructional materials

14 and technology fund remains in the fund until spent and does not

15 lapse to the state at the end of the fiscal year.

16 Sec.A31.0212.AAINSTRUCTIONAL MATERIALS AND TECHNOLOGY

17 ACCOUNT. (a) The commissioner shall maintain an instructional

18 materials and technology account for each school district. In the

19 first year of each biennium, the commissioner shall deposit in the

20 account for each district the amount of the district ’s

21 instructional materials and technology allotment under Section

22 31.0211.

23 (b)AAThe commissioner shall pay the cost of instructional

24 materials requisitioned by a school district under Section 31.103

25 using funds from the district ’s instructional materials and

26 technology account.

27 (c)AA[A school district may also use funds in the district ’s

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1 account to purchase electronic instructional materials or

2 technological equipment. The district shall submit to the

3 commissioner a request for funds for this purpose from the

4 district ’s account. The commissioner shall adopt rules regarding

5 the documentation a school district must submit to receive funds

6 under this subsection.

7 [(d)]AAMoney deposited in a school district ’s instructional

8 materials and technology account during each state fiscal biennium

9 remains in the account and available for use by the district for the

10 entire biennium. At the end of each biennium, a district with

11 unused money in the district ’s account may carry forward any

12 remaining balance to the next biennium.

13 (d)AAA [(e)AAThe commissioner shall adopt rules as necessary

14 to implement this section. The rules must include a requirement

15 that a] school district shall provide to the agency the title and

16 publication information for any instructional materials

17 requisitioned or purchased by the district with the district ’s

18 instructional materials and technology allotment.

19 (e)AAThe agency shall provide for the development and

20 maintenance of an online requisition and disbursement system for

21 each school district ’s instructional materials and technology

22 account.

23 Sec.A31.0214.AAADJUSTMENT FOR HIGH ENROLLMENT GROWTH

24 DISTRICTS. [(a)] Each year the commissioner shall adjust the

25 instructional materials and technology allotment of school

26 districts experiencing high enrollment growth. The commissioner

27 shall establish a procedure for determining high enrollment growth

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1 districts eligible to receive an adjustment under this section and

2 the amount of the instructional materials and technology allotment

3 those districts will receive.

4 [(b)AAThe commissioner may adopt rules as necessary to

5 implement this section.]

6 Sec.A31.0215.AAINSTRUCTIONAL MATERIALS AND TECHNOLOGY

7 ALLOTMENT PURCHASES. (a) The commissioner shall, as early as

8 practicable during each biennium, notify each school district and

9 open-enrollment charter school of the estimated amount to which the

10 district or charter school will be entitled under Section 31.0211

11 during the next fiscal biennium.

12 (b)AAThe commissioner shall [may] allow a school district or

13 open-enrollment charter school to place an order for instructional

14 materials before the beginning of a fiscal biennium and to receive

15 instructional materials before payment. The commissioner shall

16 limit the cost of an order placed under this section to 80 percent

17 of the estimated amount to which a school district or

18 open-enrollment charter school is estimated to be entitled as

19 provided by Subsection (a) and shall first credit any balance in a

20 district or charter school instructional materials and technology

21 account to pay for an order placed under this section.

22 (c)AAThe commissioner shall make payments for orders placed

23 under this section as funds become available to the instructional

24 materials and technology fund and shall prioritize payment of

25 orders placed under this section over reimbursement of purchases

26 made directly by a school district or open-enrollment charter

27 school.

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1 (d)AAThe commissioner shall ensure that publishers of

2 instructional materials are informed of any potential delay in

3 payment and that payment is subject to the availability of

4 appropriated funds. A publisher may decline to accept an order

5 placed under this section.

6 (e)AAChapter 2251, Government Code, does not apply to

7 purchases of instructional materials under this section.

8 [(f)AAThe commissioner may adopt rules to implement this

9 section.]

10 SECTIONA18.AASection 31.0211, Education Code, as amended by

11 Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th

12 Legislature, Regular Session, 2021, is transferred to Subchapter

13 A-1, Chapter 31, Education Code, as added by this Act, reenacted,

14 and amended to read as follows:

15 Sec.A31.0211.AAINSTRUCTIONAL MATERIALS AND TECHNOLOGY

16 ALLOTMENT. (a) A school district is entitled to an allotment each

17 biennium from the state instructional materials and technology fund

18 for each student enrolled in the district on a date during the last

19 year of the preceding biennium specified by the commissioner. The

20 commissioner shall determine the amount of the allotment per

21 student each biennium on the basis of the amount of money available

22 in the state instructional materials and technology fund to fund

23 the allotment. An allotment under this section shall be

24 transferred from the state instructional materials and technology

25 fund to the credit of the district ’s instructional materials and

26 technology account as provided by Section 31.0212.

27 (b)AAA juvenile justice alternative education program under

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1 Section 37.011 is entitled to an allotment from the state

2 instructional materials and technology fund in an amount determined

3 by the commissioner. The program shall use the allotment to

4 purchase items listed in Subsection (c) for students enrolled in

5 the program. The commissioner ’s determination under this

6 subsection is final and may not be appealed.

7 (c)AAFunds allotted under this section may be used to:

8 (1)AApurchase:

9 (A)AA[materials on the list adopted by the

10 commissioner, as provided by Section 31.0231;

11 [(B)]AAinstructional materials, regardless of

12 whether the instructional materials are on the list of approved

13 instructional materials maintained by the State Board of Education

14 under Section 31.022 [adopted under Section 31.024];

15 (B)A[(C)]AAconsumable instructional materials,

16 including workbooks;

17 (C)A[(D)]AAinstructional materials for use in

18 bilingual education classes, as provided by Section 31.029;

19 (D)A[(E)]AAinstructional materials for use in

20 college preparatory courses under Section 28.014, as provided by

21 Section 31.031;

22 (E)A[(F)]AAsupplemental instructional materials

23 [, as provided by Section 31.035];

24 (F)A[(G)AAstate-developed] open education

25 resource instructional materials, as provided by Subchapter B-1;

26 (G)A[(H)]AAinstructional materials and

27 technological equipment under any continuing contracts of the

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1 district in effect on September 1, 2011;

2 (H)A[(I)]AAtechnological equipment necessary to

3 support the use of [materials included on the list adopted by the

4 commissioner under Section 31.0231 or] any instructional materials

5 purchased with an allotment under this section;

6 (I)A[(J)]AAinventory software or systems for

7 storing, managing, and accessing instructional materials and

8 analyzing the usage and effectiveness of the instructional

9 materials; and

10 (J)A[(K)]AAservices, equipment, and technology

11 infrastructure necessary to ensure Internet connectivity and

12 adequate bandwidth; and

13 (2)AApay:

14 (A)AAfor training educational personnel directly

15 involved in student learning in the appropriate use of

16 instructional materials and for providing for access to

17 technological equipment for instructional use;

18 (B)AAfor training personnel in the electronic

19 administration of assessment instruments; [and]

20 (C)AAthe salary and other expenses of an employee

21 who provides technical support for the use of technological

22 equipment directly involved in student learning; and

23 (D)A[(C)]AAfor costs associated with distance

24 learning, including Wi-Fi, Internet access hotspots, wireless

25 network service, broadband service, and other services and

26 technological equipment necessary to facilitate Internet access.

27 (d)A[Each biennium the commissioner shall assess the

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1 technology needs for all school districts and provide an estimate

2 of the cost for these resources to the State Board of Education.

3 [(d-1)]AAIn purchasing technological equipment, a school

4 district shall:

5 (1)AAsecure technological solutions that meet the

6 varying and unique needs of students and teachers in the district;

7 and

8 (2)AAconsider:

9 (A)AAthe long-term cost of ownership; and

10 (B)AAflexibility for innovation.

11 (e)AANot later than May 31 of each school year, a school

12 district may request that the commissioner adjust the number of

13 students for which the district is entitled to receive an allotment

14 under Subsection (a) on the grounds that the number of students

15 attending school in the district will increase or decrease during

16 the school year for which the allotment is provided. The

17 commissioner may also adjust the number of students for which a

18 district is entitled to receive an allotment, without a request by

19 the district, if the commissioner determines a different number of

20 students is a more accurate reflection of students who will be

21 attending school in the district. The commissioner ’s determination

22 under this subsection is final.

23 (f)AAFunds allotted under this section may not be used to

24 purchase instructional material that contains obscene or harmful

25 content or would otherwise cause the school district to which the

26 funds were allotted to be unable to submit the certification

27 required under Section 31.1011(a)(1)(B) [The commissioner may

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1 adopt rules as necessary to implement this section].

2 SECTIONA19.AASubchapter A-1, Chapter 31, Education Code, as

3 added by this Act, is amended by adding Section 31.0216 to read as

4 follows:

5 Sec.A31.0216.AAAGENCY PURCHASE OF INSTRUCTIONAL MATERIALS

6 AND TECHNOLOGY. (a) From funds appropriated for the purpose, the

7 agency may contract directly, including by extending a contract,

8 for the purchase of instructional materials and technology for use

9 by school districts.

10 (b)AAThe provisions of Chapter 2157, Government Code,

11 requiring a state agency to use a contract or contract terms

12 developed or preapproved by the Department of Information Resources

13 do not apply to a contract entered into under this section, but the

14 agency may participate in a program authorized by that chapter.

15 SECTIONA20.AAThe heading to Subchapter B, Chapter 31,

16 Education Code, is amended to read as follows:

17 SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION [, AND

18 PURCHASE]

19 SECTIONA21.AAThe heading to Section 31.022, Education Code,

20 is amended to read as follows:

21 Sec.A31.022.AASTATE BOARD OF EDUCATION INSTRUCTIONAL

22 MATERIALS REVIEW AND APPROVAL [ADOPTION].

23 SECTIONA22.AASection 31.022, Education Code, is amended by

24 amending Subsections (a), (b), (c), and (d) and adding Subsection

25 (c-1) to read as follows:

26 (a)AAThe State Board of Education shall [adopt a] review [and

27 adoption cycle for] instructional materials provided to the board

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1 by the agency under Section 31.023. Before approving instructional

2 material, the board may review the material and must determine that

3 the material is free from factual error and suitable for the subject

4 and grade level for which the material is designed, and, if the

5 material is intended to cover the foundational skills reading

6 curriculum in kindergarten through third grade, does not include

7 three-cueing, as defined by Section 28.0062(a-1). The board shall

8 add each material approved under this section to a list of approved

9 instructional materials and may add a material not approved under

10 this section to a list of rejected instructional materials [for

11 elementary grade levels, including prekindergarten, and secondary

12 grade levels, for each subject in the required curriculum under

13 Section 28.002. In adopting the cycle, the board:

14 [(1)AAis not required to review and adopt instructional

15 materials for all grade levels in a single year; and

16 [(2)AAshall give priority to instructional materials in

17 the following subjects:

18 [(A)AAfoundation curriculum subjects for which

19 the essential knowledge and skills have been substantially revised

20 and for which assessment instruments are required under Subchapter

21 B, Chapter 39, including career and technology courses that satisfy

22 foundation curriculum requirements as provided by Section

23 28.002(n);

24 [(B)AAfoundation curriculum subjects for which

25 the essential knowledge and skills have been substantially revised,

26 including career and technology courses that satisfy foundation

27 curriculum requirements as provided by Section 28.002(n);

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1 [(C)AAfoundation curriculum subjects not

2 described by Paragraph (A) or (B), including career and technology

3 courses that satisfy foundation curriculum requirements as

4 provided by Section 28.002(n); and

5 [(D)AAenrichment curriculum subjects].

6 (b)AA[The board shall organize the cycle for subjects in the

7 foundation curriculum so that not more than one-fourth of the

8 instructional materials for subjects in the foundation curriculum

9 are reviewed each biennium.] The State Board of Education may adopt

10 criteria necessary for approval of instructional material under

11 Subsection (a) and may require:

12 (1)AAall instructional material submitted as full

13 subject tier one instructional material to cover a minimum

14 percentage, as determined by the board, of the essential knowledge

15 and skills adopted for the subject and grade level for which the

16 material is designed;

17 (2)AAelectronic samples of the material;

18 (3)AAcertain physical specifications;

19 (4)AAthe instructional material to not contain obscene

20 or harmful content and otherwise be compatible with certification

21 requirements under Section 31.1011(a)(1)(B); and

22 (5)AAthe instructional material to be made publicly

23 available for review [board shall adopt rules to provide for a full

24 and complete investigation of instructional materials for each

25 subject in the foundation curriculum every eight years. The

26 adoption of instructional materials for a subject in the foundation

27 curriculum may be extended beyond the eight-year period only if the

23
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1 content of instructional materials for a subject is sufficiently

2 current].

3 (c)AAThe State Board of Education may remove instructional

4 material from the list of approved instructional materials under

5 this section if the essential knowledge and skills intended to be

6 covered by the material are revised or the material is revised

7 without the approval of the board [board shall adopt rules to

8 provide for a full and complete investigation of instructional

9 materials for each subject in the enrichment curriculum on a cycle

10 the board considers appropriate].

11 (c-1)AAIf the State Board of Education intends to remove an

12 instructional material from the list of approved instructional

13 materials under Subsection (c) because the board plans to revise

14 the essential knowledge and skills intended to be covered by the

15 material, the board shall issue a proclamation requesting the

16 revision of the applicable instructional materials and shall, not

17 later than December 1 of the year preceding the school year for

18 which the revision will take effect, provide to each school

19 district the updated list of approved instructional materials for

20 the relevant subject or grade level.

21 (d)AAThe State Board of Education shall indicate whether each

22 instructional material reviewed under Subsection (a) is capable of

23 being made available through an instructional materials parent

24 portal established under Section 31.154 [At least 12 months before

25 the beginning of the school year for which instructional materials

26 for a particular subject and grade level will be adopted under the

27 review and adoption cycle, the board shall publish notice of the

24
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1 review and adoption cycle for those instructional materials.AAA

2 request for production must allow submission of open education

3 resource instructional materials that are available for use by the

4 state without charge on the same basis as instructional materials

5 offered for sale].

6 SECTIONA23.AASection 31.023, Education Code, is amended to

7 read as follows:

8 Sec.A31.023.AAINSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)

9 The commissioner shall establish, in consultation with and with the

10 approval of the State Board of Education, a process for the annual

11 review of instructional materials by the agency. The process

12 established under this subsection must:

13 (1)AAestablish a process for the agency to select

14 instructional materials for review that includes:

15 (A)AAevaluating requests for review of

16 instructional materials submitted to the agency by:

17 (i)AAa school district;

18 (ii)AAa majority of the members of the State

19 Board of Education; or

20 (iii)AAa publisher of instructional

21 material, which may only be submitted for material published by the

22 requesting publisher;

23 (B)AArequiring the agency to review materials if

24 the State Board of Education requests by a majority vote that the

25 material be reviewed by the agency;

26 (C)AAreviewing instructional materials

27 requisitioned or purchased under Section 31.0212; and

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1 (D)AAreviewing instructional materials using a

2 time frame appropriate for the proclamation requesting the revision

3 of the instructional materials under Section 31.022(c-1) to address

4 revisions made by the State Board of Education to the essential

5 knowledge and skills for a particular subject or grade level;

6 (2)AAdescribe the types of instructional materials the

7 agency may review, including:

8 (A)AApartial subject tier one instructional

9 material, including those designed for use in the phonics

10 curriculum required under Section 28.0062(a)(1);

11 (B)AAopen education resource instructional

12 material;

13 (C)AAinstructional materials developed by a

14 school district and submitted to the agency by the district for

15 review; and

16 (D)AAcommercially available full subject tier one

17 instructional material;

18 (3)AAestablish procedures for the agency to conduct

19 reviews of instructional materials, including:

20 (A)AAthe use of a rubric approved under Subsection

21 (b); and

22 (B)AAconsultation with classroom teachers and

23 other curriculum experts for the appropriate subject and grade

24 level; and

25 (4)AAensure the procedures for review allow the agency

26 to review at least 200 individual instructional materials each year

27 [For each subject and grade level, the State Board of Education

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1 shall adopt a list of instructional materials.AAThe list includes

2 each instructional material submitted for the subject and grade

3 level that meets applicable physical specifications adopted by the

4 State Board of Education and contains material covering at least

5 half of the elements of the essential knowledge and skills of the

6 subject and grade level in the student version of the instructional

7 material, as well as in the teacher version of the instructional

8 material, as determined by the State Board of Education under

9 Section 28.002 and adopted under Section 31.024].

10 [(a-1)AAThe State Board of Education shall determine the

11 percentage of the elements of the essential knowledge and skills of

12 the subject and grade level covered by each instructional material

13 submitted.AAThe board ’s determination under this subsection is

14 final.]

15 (b)AAIn conducting a review under this section, the agency

16 must use a rubric developed by the agency in consultation with and

17 approved by the State Board of Education that includes, with

18 respect to the instructional material being reviewed, a

19 determination of:

20 (1)AAwhether the material is free from factual error

21 and satisfies the criteria adopted by the board under Section

22 31.022;

23 (2)AAthe quality of the material;

24 (3)AAthe essential knowledge and skills for the subject

25 and grade level for which the material was developed that are

26 covered by the material, including identification of:

27 (A)AAeach essential knowledge and skill covered by

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1 the material;

2 (B)AAfor a full subject tier one instructional

3 material, the percentage of the essential knowledge and skills

4 adopted for the subject and grade level covered by the material; and

5 (C)AAfor a partial subject tier one instructional

6 material, the percentage of the essential knowledge and skills for

7 the relevant portion of the subject and grade level covered by the

8 material; and

9 (4)AAwhether the material contains obscene or harmful

10 content or is otherwise incompatible with certification

11 requirements under Section 31.1011(a)(1)(B) [Each instructional

12 material on the list must be:

13 [(1)AAfree from factual errors;

14 [(2)AAsuitable for the subject and grade level for

15 which the instructional material was submitted; and

16 [(3)AAreviewed by academic experts in the subject and

17 grade level for which the instructional material was submitted].

18 (c)AAAfter completing a review under this section, the agency

19 shall provide the results of the review and any related

20 recommendations to the State Board of Education for approval or

21 rejection of the instructional material and the inclusion of the

22 instructional material on a list maintained by the State Board of

23 Education under Section 31.022.

24 (d)AAThe agency shall use funds appropriated to the agency

25 for the purposes of reviewing instructional material or available

26 in the state instructional materials and technology fund for

27 purposes of implementing this section.

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1 (e)AAA process established under Subsection (a) or a rubric

2 developed under Subsection (b) is automatically approved by the

3 State Board of Education if not rejected by the board before the

4 91st day after the date the agency submits the item to the board.

5 SECTIONA24.AASubchapter B, Chapter 31, Education Code, is

6 amended by adding Sections 31.025, 31.0251, and 31.0252 to read as

7 follows:

8 Sec.A31.025.AAINSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)

9 The agency shall develop and maintain an instructional material

10 Internet website to assist school districts in locating and

11 selecting instructional material.

12 (b)AAFor each instructional material included, the Internet

13 website developed and maintained under this section shall provide:

14 (1)AAthe price of the material;

15 (2)AAthe technological requirements needed to use the

16 material;

17 (3)AAthe results of an agency review of the material

18 conducted under Section 31.023;

19 (4)AAa statement of whether the material is included on

20 the list of approved instructional materials maintained by the

21 State Board of Education under Section 31.022 or has been rejected

22 by the board; and

23 (5)AAany other information the agency determines

24 relevant to a school district ’s selection of instructional

25 material.

26 (c)AAThe Internet website developed and maintained under

27 this section must include the repository of open education resource

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1 instructional material required by Section 31.0722.

2 (d)AAThe agency shall use funds appropriated to the agency

3 for the purposes of reviewing instructional material or available

4 in the state instructional materials and technology fund for

5 purposes of implementing this section.

6 Sec.A31.0251.AAINSTRUCTIONAL MATERIAL SUPPORT. (a) On

7 request of a school district, the agency shall provide the district

8 assistance in evaluating, adopting, or using instructional

9 materials.

10 (b)AAExcept as otherwise provided, the agency may not require

11 a school district to adopt or otherwise use instructional material

12 reviewed by the agency under Section 31.023 or included on the list

13 of approved instructional materials maintained by the State Board

14 of Education under Section 31.022.

15 Sec.A31.0252.AALOCAL REVIEW OF CLASSROOM INSTRUCTIONAL

16 MATERIAL. (a) The agency shall develop standards in consultation

17 with stakeholders, including educators, by which a school district

18 may conduct a review of instructional materials used by a classroom

19 teacher in a foundation curriculum course under Section

20 28.002(a)(1) to determine the degree to which the material:

21 (1)AAcorresponds with the instructional materials

22 adopted by the school district or district campus; and

23 (2)AAmeets the level of rigor of the essential

24 knowledge and skills adopted under Section 28.002 for the grade

25 level in which it is being used.

26 (b)AAThe agency shall develop a rubric, approved by the State

27 Board of Education, to determine if reviewed instructional material

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1 complies with the rigor requirements described by Subsection

2 (a)(2).

3 (c)AAThe agency, in developing standards under Subsection

4 (a):

5 (1)AAshall minimize, to the extent possible, the time a

6 classroom teacher is required to spend complying with a review

7 conducted under this section;

8 (2)AAmay not, unless unavoidable, require a teacher to

9 spend more than 30 minutes on a single review conducted under this

10 section; and

11 (3)AAmay not authorize the review of instructional

12 materials used by a classroom teacher for a specific subject or

13 grade level at a specific school district campus more than once per

14 school year.

15 (d)AAThe agency shall permit a regional education service

16 center or a curriculum review service provider approved by the

17 agency to conduct the review for a school district under this

18 section and provide to approved centers and providers training

19 relating to appropriately conducting the review.

20 (e)AAThe agency shall award grants to assist school districts

21 in conducting reviews under this section.

22 SECTIONA25.AASections 31.026(a) and (b), Education Code, are

23 amended to read as follows:

24 (a)AAThe State Board of Education may [shall] execute a

25 contract for the purchase or licensing of each adopted

26 instructional material.

27 (b)AAA contract must require the publisher to provide the

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1 number of instructional materials required by school districts in

2 this state for the term of the contract[, which must coincide with

3 the board ’s adoption cycle].

4 SECTIONA26.AAThe heading to Subchapter B-1, Chapter 31,

5 Education Code, is amended to read as follows:

6 SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE

7 INSTRUCTIONAL MATERIALS

8 SECTIONA27.AASubchapter B-1, Chapter 31, Education Code, is

9 amended by adding Section 31.0701 to read as follows:

10 Sec.A31.0701.AAREFERENCES TO STATE-DEVELOPED OPEN EDUCATION

11 RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a

12 state-developed open education resource instructional material

13 means an open education resource instructional material, as defined

14 by Section 31.002.

15 SECTIONA28.AASection 31.071, Education Code, is amended to

16 read as follows:

17 Sec.A31.071.AAAVAILABILITY OF OPEN EDUCATION RESOURCE

18 INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner

19 shall ensure that [may purchase state-developed] open education

20 resource instructional materials are available for use by school

21 districts in accordance with this subchapter.

22 (b)AATo ensure the availability of open education resource

23 instructional materials under Subsection (a), the [The]

24 commissioner may:

25 (1)AApurchase a license authorizing the use of [shall

26 purchase any state-developed] open education resource

27 instructional materials in a manner that complies with all

32
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1 applicable state laws and rules relating to procurement by a state

2 agency [through a competitive process];

3 (2)AApurchase or otherwise acquire ownership of open

4 education resource instructional materials;

5 (3)AAdevelop open education resource instructional

6 materials;

7 (4)AAadopt open education resource instructional

8 materials; or

9 (5)AAuse any combination of the methods described by

10 Subdivisions (1), (2), (3), and (4) to acquire open education

11 resource instructional materials.

12 (b-1)AAThe commissioner [and

13 [(2)] may make available [purchase] more than one

14 [state-developed] open education resource instructional material

15 for a subject or grade level.

16 (b-2)AAThe commissioner shall:

17 (1)AAto the extent practicable, ensure full subject

18 tier one instructional materials are available as open education

19 resource instructional material for:

20 (A)AAEnglish language arts and mathematics

21 courses in kindergarten through grade eight;

22 (B)AAprekindergarten, in subject areas related to

23 English language arts and mathematics; and

24 (C)AAall foundation curriculum courses in

25 kindergarten through grade five in a manner that permits the

26 instruction of the content to be provided:

27 (i)AAin an integrated manner; and

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1 (ii)AAfor approximately 240 minutes of

2 instructional time per day, including time needed each day for

3 accelerated instruction under Section 28.0211; and

4 (2)AAensure open education resource instructional

5 materials are available to all students, parents, classroom

6 teachers, and school districts in this state free of charge, except

7 for a fee for the printing or shipping of the material.

8 (c)AAExcept as provided by Section 31.0711, an [a

9 state-developed] open education resource instructional material

10 must be licensed to this state under an intellectual property

11 license that allows for free use, reuse, modification, or sharing

12 with others as described by Section 31.07101 [irrevocably owned by

13 the state. The state must have unlimited authority to modify,

14 delete, combine, or add content to the instructional material after

15 purchase].

16 (d)AA[The commissioner may issue a request for proposals for

17 state-developed open education resource instructional material:

18 [(1)AAin accordance with the instructional material

19 review and adoption cycle under Section 31.022; or

20 [(2)AAat any other time the commissioner determines

21 that a need exists for additional instructional material options.

22 [(e)]AAThe costs of administering this subchapter and

23 ensuring the availability of [purchasing state-developed] open

24 education resource instructional materials shall be paid from funds

25 appropriated for the purpose and the state instructional materials

26 and technology fund, as determined by the commissioner.

27 SECTIONA29.AASubchapter B-1, Chapter 31, Education Code, is

34
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1 amended by adding Section 31.07101 to read as follows:

2 Sec.A31.07101.AAFREE USE, REUSE, MODIFICATION, OR SHARING

3 LICENSE. (a) Instructional material is licensed to this state

4 under an intellectual property license that allows for free use,

5 reuse, modification, or sharing with others if the license:

6 (1)AAis irrevocable and perpetual;

7 (2)AApermits the state to sublicense the material;

8 (3)AAauthorizes the use of the material by any person in

9 any location permitted by the terms of the original license, if

10 applicable;

11 (4)AAauthorizes access, use, transmission, adaptation,

12 public display, public performance, public distribution, and

13 copying of the material; and

14 (5)AAauthorizes the creation of derivative works as

15 permitted by the terms of the original license, if applicable.

16 (b)AAInstructional material licensed to this state under an

17 intellectual property license that is restricted to noncommercial

18 or educational use qualifies under this subchapter as instructional

19 material licensed to this state under a license that allows for free

20 use, reuse, modification, or sharing with others.

21 SECTIONA30.AASection 31.0711, Education Code, is amended to

22 read as follows:

23 Sec.A31.0711.AACONTENT NOT OWNED BY STATE. Open education

24 resource instructional [Instructional] material made available

25 [purchased] under this subchapter may include content not owned by

26 the state and for which preexisting rights may exist if the content:

27 (1)AAis in the public domain;

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1 (2)AAmay be used under a limitation or exception to

2 copyright law, including a limitation under Section 107, Copyright

3 Act of 1976 (17 U.S.C. Section 107); [or]

4 (3)AAhas been made available by the copyright owner

5 under a Creative Commons license or another intellectual property

6 license that allows for free use, reuse, modification, or sharing

7 as described by Section 31.07101; or

8 (4)AAis licensed to the state under another [a] license

9 that:

10 (A)AAgrants access to and allows for use of the

11 material by students, teachers, educators, and other education

12 professionals [the state unlimited authority to modify, delete,

13 combine, or add content];

14 (B)AApermits access, use, public display, public

15 performance, public distribution, and copying of the material for

16 noncommercial or educational purposes [the free use and repurposing

17 of the material by any person or entity]; and

18 (C)AAis for a term of use acceptable to the

19 commissioner to ensure a useful life of the material.

20 SECTIONA31.AASubchapter B-1, Chapter 31, Education Code, is

21 amended by adding Section 31.0712 to read as follows:

22 Sec.A31.0712.AAOPEN EDUCATION RESOURCE ADVISORY BOARD. The

23 agency shall establish an open education resource advisory board to

24 ensure that open education resource instructional materials made

25 available under this subchapter are:

26 (1)AAof the highest quality;

27 (2)AAaligned with the essential knowledge and skills

36
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1 adopted by the State Board of Education under Section 28.002 for the

2 applicable subject and grade level;

3 (3)AAsuitable for the age of students at the grade level

4 for which the materials are developed;

5 (4)AAfree from bias and factual error; and

6 (5)AAin compliance with Section 28.0022.

7 SECTIONA32.AASection 31.072, Education Code, is amended to

8 read as follows:

9 Sec.A31.072.AACONTENT REQUIREMENTS. (a) Before being made

10 available under this subchapter, [State-developed] open education

11 resource instructional material must[:

12 [(1)]AAbe evaluated by:

13 (1) teachers or other experts, as determined by the

14 commissioner[, before purchase]; and

15 (2)Aparents of students in this state [meet the

16 requirements for inclusion on the instructional material list

17 adopted under Section 31.023].

18 (b)AABased on feedback received by the agency from teachers,

19 parents, and other experts regarding open education resource

20 instructional materials made available under this subchapter, the

21 [Following a curriculum revision by the State Board of Education,

22 the commissioner shall require the revision of state-developed open

23 education resource instructional material relating to that

24 curriculum. The] commissioner may, at any time, require an

25 additional revision of the [state-developed open education

26 resource instructional] material [or contract for ongoing

27 revisions of state-developed open education resource instructional

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1 material for a period not to exceed the period under Section 31.022

2 for which instructional material for that subject and grade level

3 may be adopted. The commissioner shall use a competitive process to

4 request proposals to revise state-developed open education

5 resource instructional material under this subsection].

6 SECTIONA33.AASubchapter B-1, Chapter 31, Education Code, is

7 amended by adding Section 31.0721 to read as follows:

8 Sec.A31.0721.AAREVIEW AND RELEASE OF OPEN EDUCATION RESOURCE

9 INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),

10 open education resource instructional material may not be made

11 available under this subchapter to students, teachers, educators,

12 or other education professionals before being reviewed by the

13 agency under Section 31.023 and included on the list of approved

14 instructional materials maintained by the State Board of Education

15 under Section 31.022.

16 (b)AAThe agency may make open education resource

17 instructional material available to a limited number of classroom

18 teachers for a limited time before the material is reviewed by the

19 agency under Section 31.023 and included on the list of approved

20 instructional materials maintained by the State Board of Education

21 under Section 31.022 to assist in developing or testing the quality

22 of the material. A school district may only use unreviewed material

23 made available under this subsection in a grade level in which the

24 material has not been used previously if:

25 (1)AAthe board of trustees of the district approves the

26 use of the unreviewed material; and

27 (2)AAAthe district provides evidence to the agency

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1 showing that classroom teachers support the use of the material.

2 (c)AAExcept as provided by Subsection (b), open education

3 resource instructional materials made available under this section

4 may not remain available once amended or modified unless the

5 material as amended or modified is reviewed under Section 31.023

6 and included on the list of approved instructional materials

7 maintained by the State Board of Education under Section 31.022.

8 SECTIONA34.AASection 31.083, Education Code, is transferred

9 to Subchapter B-1, Chapter 31, Education Code, redesignated as

10 Section 31.0722, Education Code, and amended to read as follows:

11 Sec.A31.0722A[31.083].AAOPEN EDUCATION RESOURCE

12 INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall

13 include in the Internet website [web portal] developed under

14 Section 31.025 [31.081] a repository of open education resource

15 instructional materials, including open education resource

16 instructional materials made available under Section 31.0721(b),

17 and other electronic instructional materials that school districts

18 and open-enrollment charter schools may access at no cost.

19 (b)AAThe repository under Subsection (a) must:

20 (1)AAcomply with the requirements of Section 31.154;

21 and

22 (2)AAallow a person to provide comments on open

23 education resource instructional material contained in the

24 repository to assist the agency in improving and updating the

25 material.

26 (c)AAThe agency shall ensure that a person may order a print

27 copy of any open education resource instructional material included

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1 in the repository that is reducible to print [A publisher may submit

2 instructional materials for inclusion in the repository].

3 SECTIONA35.AASections 31.073 and 31.074, Education Code, are

4 amended to read as follows:

5 Sec.A31.073.AASELECTION BY SCHOOL DISTRICT. (a) Except as

6 otherwise provided by this code, the commissioner may not require a

7 school district or open-enrollment charter school to adopt or use

8 an open education resource instructional material.

9 (c)AAA [Notwithstanding Section 31.022, a] school district

10 or open-enrollment charter school may adopt [state-developed] open

11 education resource instructional material at any time [, regardless

12 of the instructional material review and adoption cycle under that

13 section].

14 (d)AAA school district or open-enrollment charter school may

15 not be charged for a cost associated with the selection of an

16 [state-developed] open education resource instructional material,

17 except for the cost of printing copies of the material [in addition

18 to instructional material adopted under Subchapter B].

19 Sec.A31.074.AADISTRIBUTION. (a) The commissioner shall

20 provide for the distribution of [state-developed] open education

21 resource instructional materials in a manner consistent with

22 distribution of instructional materials approved [adopted] under

23 Subchapter B.

24 (b)AAThe commissioner may use a competitive process to

25 contract for printing, [or] other reproduction, or storage of

26 [state-developed] open education resource instructional material

27 on behalf of a school district or open-enrollment charter school.

40
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1 The commissioner may not require a school district or

2 open-enrollment charter school to contract with a state-approved

3 provider for the printing, [or] reproduction, or storage of

4 [state-developed] open education resource instructional material.

5 (c)AAThe agency is not required to comply with Subchapters C

6 and D, Chapter 2052, Government Code, with regard to the printing or

7 reproduction of an open education resource instructional material

8 made available under this subchapter.

9 SECTIONA36.AAThe heading to Section 31.075, Education Code,

10 is amended to read as follows:

11 Sec.A31.075.AASTATE OWNERSHIP; LICENSING.

12 SECTIONA37.AASections 31.075(a), (b), (c), (d), and (e),

13 Education Code, are amended to read as follows:

14 (a)AAExcept as otherwise provided by this subchapter,

15 [State-developed] open education resource instructional material

16 is the property of the state.

17 (b)AATo encourage the use of instructional material

18 purchased by the state under this subchapter by school districts

19 and open-enrollment charter schools, the commissioner may [shall]

20 provide a license for the instructional material that [allows for

21 the free use, reuse, modification, or sharing of the material by any

22 person or entity.

23 [(c)AAThe terms of a license provided by the commissioner

24 under this section]:

25 (1)AArequires [shall require] that a user who

26 reproduces the instructional material in any manner:

27 (A)AAexcept as provided by Subdivision (2)(A),

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1 must keep all copyright notices for the material intact;

2 (B)AAexcept as provided by Subdivision (2)(A),

3 must attribute the authorship of the material to the agency or

4 another person specified by the commissioner;

5 (C)AAmust indicate if the user has modified the

6 material;

7 (D)AAmay not assert or imply any connection with

8 or sponsorship or endorsement by the agency or this state, unless

9 authorized by the commissioner; and

10 (E)AAto the extent reasonably practicable, must

11 provide in any product or derivative material a uniform resource

12 identifier or hyperlink through which a person may obtain the

13 material free of charge;

14 (2)AAprovides [must provide] that:

15 (A)AAthe commissioner may request that a user

16 remove a copyright notice or attribution from the material and that

17 a user must comply with the request to the extent reasonably

18 practicable; and

19 (B)AAthe rights granted under the license to a

20 user are automatically terminated if the user fails to comply with

21 the terms of the license; and

22 (3)AAincludes [may include] any additional terms

23 determined by the commissioner.

24 (d)AAThe commissioner may exempt a license under this section

25 from including one or more of the requirements under Subsection

26 (b)(1) [(c)(1)].

27 (e)AAThe commissioner shall determine what is considered

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1 reasonably practicable for purposes of Subsections (b)(1)(E)

2 [(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].

3 SECTIONA38.AASubchapter B-1, Chapter 31, Education Code, is

4 amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as

5 follows:

6 Sec.A31.0751.AAOPEN EDUCATION RESOURCE INSTRUCTIONAL

7 MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection

8 (c), to qualify for additional state aid under Section 48.308 the

9 board of trustees of a school district must adopt an open education

10 resource instructional material transition plan to assist

11 classroom teachers in the district who will be using an open

12 education resource instructional material in a specific subject or

13 grade level for which the teacher has not previously used an open

14 education resource instructional material.

15 (b)AAA plan adopted under this section must ensure that open

16 education resource instructional materials are used in a manner

17 that maintains the instructional flexibility of a classroom teacher

18 to address the needs of each student.

19 (c)AAA school district that participates in the program

20 developed and maintained by the agency under Section 31.0752 is not

21 required to adopt a transition plan under this section.

22 Sec.A31.0752.AAOPEN EDUCATION RESOURCE INSTRUCTIONAL

23 MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a

24 program to assist school districts and open-enrollment charter

25 schools in adopting and using open education resource instructional

26 material made available under this subchapter, including by

27 assisting districts and schools to:

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1 (1)AAmaintain the instructional flexibility of

2 classroom teachers to address the needs of each student; and

3 (2)AAschedule instructional periods in a manner that

4 allows classroom teachers sufficient time to effectively prepare

5 and present instructional material within the teacher ’s normal work

6 day.

7 Sec.A31.0753.AATEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.

8 The agency shall develop and maintain a program to assist educator

9 preparation programs in implementing Section 21.044(a-1)(4).

10 SECTIONA39.AASection 31.076(b), Education Code, is amended

11 to read as follows:

12 (b)AAA decision made by the commissioner under this

13 subchapter [regarding the purchase, revision, cost, licensing, or

14 distribution of state-developed open education resource

15 instructional material] is final and may not be appealed.

16 SECTIONA40.AASection 31.004, Education Code, is transferred

17 to Subchapter C, Chapter 31, Education Code, redesignated as

18 Section 31.1011, Education Code, and amended to read as follows:

19 Sec.A31.1011A[31.004].AACERTIFICATION OF PROVISION OF

20 INSTRUCTIONAL MATERIALS. (a) Each school district and

21 open-enrollment charter school shall annually certify to the State

22 Board of Education and the commissioner that:

23 (1)AA[,] for each subject in the required curriculum

24 under Section 28.002, other than physical education, and each grade

25 level, the district or school:

26 (A)AAprovides each student with instructional

27 materials that cover all elements of the essential knowledge and

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1 skills adopted by the State Board of Education for that subject and

2 grade level; and

3 (B)AAin the provision of instructional materials,

4 protects students from obscene or harmful content as necessary for

5 compliance with:

6 (i)AAthe Children ’s Internet Protection Act

7 (Pub. L. No.A106-554);

8 (ii)AASection 28.0022;

9 (iii)AASection 43.22, Penal Code; and

10 (iv)AAany other law or regulation that

11 protects students from obscene or harmful content; and

12 (2)AAthe district or school used money allocated to the

13 district or school under the instructional materials and technology

14 allotment only for purposes allowed under Section 31.0211.

15 (b)AATo determine whether each student has instructional

16 materials that cover all elements of the essential knowledge and

17 skills as required by Subsection (a), a school district or

18 open-enrollment charter school may consider:

19 (1)AAinstructional materials adopted by the State Board

20 of Education;

21 (2)AA[materials adopted or purchased by the

22 commissioner under Section 31.0231 or Subchapter B-1;

23 [(3)AAopen education resource instructional materials

24 submitted by eligible institutions and adopted by the State Board

25 of Education under Section 31.0241;

26 [(4)AAopen education resource instructional materials

27 made available by other public schools;

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1 [(5)]AAinstructional materials developed, [or]

2 purchased, or otherwise acquired by the school district or

3 open-enrollment charter school; and

4 (3)A[(6)]AAopen education resource instructional

5 materials and other electronic instructional materials included in

6 the repository under Section 31.0722 [31.083].

7 SECTIONA41.AASubchapter C, Chapter 31, Education Code, is

8 amended by adding Section 31.1012 to read as follows:

9 Sec.A31.1012.AAREPORT TO AGENCY. Each school district shall

10 annually report to the agency information regarding the

11 instructional materials used by the district during the previous

12 school year, including the cost of each material, to assist the

13 agency in ensuring compliance with Section 31.151(a).

14 SECTIONA42.AAThe heading to Section 31.102, Education Code,

15 is amended to read as follows:

16 Sec.A31.102.AATITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.

17 SECTIONA43.AASection 31.102, Education Code, is amended by

18 adding Subsection (d) to read as follows:

19 (d)AAA school district is not required to use a method

20 provided by Section 44.031(a) to purchase instructional materials

21 that have been reviewed by the agency under Section 31.023 and

22 included on the list of approved instructional materials maintained

23 by the State Board of Education under Section 31.022.

24 SECTIONA44.AASection 31.103(c), Education Code, is amended

25 to read as follows:

26 (c)AAIn making a requisition under this section, a school

27 district or open-enrollment charter school may requisition

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1 instructional materials [on the list adopted under Section 31.023]

2 for grades above the grade level in which a student is enrolled.

3 SECTIONA45.AASection 31.151, Education Code, is amended by

4 amending Subsection (a) and adding Subsection (a-1) to read as

5 follows:

6 (a)AAA publisher or manufacturer of instructional materials:

7 (1)AAshall furnish any instructional material the

8 publisher or manufacturer offers in this state at a price that does

9 not exceed the lowest price at which the publisher offers that

10 instructional material for adoption or sale to any state, public

11 school, or school district in the United States;

12 (2)AAshall automatically reduce the price of

13 instructional material sold for use in a school district or

14 open-enrollment charter school to the extent that the price is

15 reduced elsewhere in the United States;

16 (3)AAshall provide any instructional material or

17 ancillary item free of charge in this state to the same extent that

18 the publisher or manufacturer provides the instructional material

19 or ancillary item free of charge to any state, public school, or

20 school district in the United States;

21 (4)AAshall guarantee that each copy of instructional

22 material sold in this state is at least equal in quality to copies

23 of that instructional material sold elsewhere in the United States

24 and is free from factual error;

25 (5)AAmay not become associated or connected with,

26 directly or indirectly, any combination in restraint of trade in

27 instructional materials or enter into any understanding or

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1 combination to control prices or restrict competition in the sale

2 of instructional materials for use in this state;

3 (6)AAshallAAdeliver instructional materials to a

4 school district or open-enrollment charter school;

5 (7)AAshall, at the time an order for instructional

6 materials is acknowledged, provide to school districts or

7 open-enrollment charter schools an accurate shipping date for

8 instructional materials that are back-ordered;

9 (8)AAshall guarantee delivery of instructional

10 materials at least 10 business days before the opening day of school

11 of the year for which the instructional materials are ordered if the

12 instructional materials are ordered by a date specified in the

13 sales contract; [and]

14 (9)AAshall submit to the State Board of Education an

15 affidavit certifying any instructional material the publisher or

16 manufacturer offers in this state to be free of factual errors at

17 the time the publisher executes the contract required by Section

18 31.026; and

19 (10)AAshall comply with all other standard terms and

20 conditions adopted by the State Board of Education for use in

21 contracts for the procurement of instructional materials under

22 Subsection (a-1).

23 (a-1)AAThe State Board of Education shall adopt standard

24 terms and conditions for use in contracts for the procurement of

25 instructional materials from publishers and manufacturers under

26 this section.

27 SECTIONA46.AASubchapter D, Chapter 31, Education Code, is

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1 amended by adding Section 31.154 to read as follows:

2 Sec.A31.154.AAINSTRUCTIONAL MATERIALS PARENT PORTAL. (a)

3 The State Board of Education shall adopt standards for entities

4 that supply instructional materials reviewed by the agency under

5 Section 31.023 to make instructional materials supplied by the

6 entity available on a parent portal hosted by the entity.

7 (b)AAAn instructional materials parent portal must:

8 (1)AAprovide to each parent of a student enrolled in a

9 school district or open-enrollment charter school access to

10 instructional materials, other than tests or exams, that are

11 included in the portal and used by the district or school;

12 (2)AAorganize instructional material by unit and in the

13 order in which the material is designed to be used;

14 (3)AAbe capable of being searched by key word; and

15 (4)AAfor instructional material not available in a

16 digital format, contain sufficient information to allow a parent to

17 locate a physical copy of the material.

18 (c)AAStandards adopted under Subsection (a) may not require:

19 (1)AAa classroom teacher to submit instructional

20 materials developed by the teacher for inclusion in an

21 instructional materials parent portal; or

22 (2)AAan entity hosting an instructional materials

23 parent portal to include tests or exams in the portal.

24 (d)AATo comply with an intellectual property license or other

25 restrictions placed on an instructional material and to maintain

26 security of the information contained in an instructional materials

27 parent portal under this section, a parent may be required, before

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1 accessing the portal, to:

2 (1)AAenter a password;

3 (2)AAcomply with other user access verification

4 procedures; and

5 (3)AAaccept user terms and conditions, which may not

6 limit or exclude access to instructional material based on the uses

7 of the material that would otherwise be permitted under fair use

8 provisions of copyright law.

9 (e)AAAn entity that hosts an instructional materials parent

10 portal must comply with requests regarding parental access to the

11 portal made by a school district in compliance with this section or

12 Section 26.006.

13 SECTIONA47.AASection 33.004(b), Education Code, is amended

14 to read as follows:

15 (b)AAEach school, before implementing a comprehensive school

16 counseling program under Section 33.005, shall annually conduct a

17 preview of the program for parents and guardians. All materials,

18 including curriculum to be used during the year that is not

19 available digitally through an instructional materials parent

20 portal under Section 31.154, must be available for a parent or

21 guardian to preview during school hours. Materials or curriculum

22 not included in the materials on an instructional materials parent

23 portal or available on the campus for preview may not be used.

24 SECTIONA48.AASection 48.277(b), Education Code, is amended

25 to read as follows:

26 (b)AAFor purposes of calculating maintenance and operations

27 revenue under Subsection (a), the commissioner shall:

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1 (1)AAfor purposes of Subsections (a)(1) and (2), use

2 the following applicable school year:

3 (A)AAin a school year ending in an even-numbered

4 year, the 2019-2020 school year; and

5 (B)AAin a school year ending in an odd-numbered

6 year, the 2019-2020 or 2020-2021 school year, whichever is greater;

7 (2)AAinclude all state and local funding, except for

8 any funding resulting from:

9 (A)AAreimbursement for disaster remediation costs

10 under former Sections 41.0931 and 42.2524;

11 (B)AAan adjustment for rapid decline in taxable

12 value of property under former Section 42.2521; [and]

13 (C)AAan adjustment for property value affected by

14 a state of disaster under former Section 42.2523; and

15 (D)AAadditional state aid under Section 48.307 or

16 48.308;

17 (3)AAadjust the calculation to reflect a reduction in

18 tax effort by a school district; and

19 (4)AAif a school district or open-enrollment charter

20 school receives a waiver relating to eligibility requirements for

21 the national free or reduced-price lunch program under 42 U.S.C.

22 Section 1751 et seq., use the numbers of educationally

23 disadvantaged students on which the district ’s or school ’s

24 entitlement to compensatory education funds was based for the

25 school year before the school year in which the district or school

26 received the waiver, adjusted for estimated enrollment growth.

27 SECTIONA49.AASubchapter G, Chapter 48, Education Code, is

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1 amended by adding Sections 48.307 and 48.308 to read as follows:

2 Sec.A48.307.AAADDITIONAL STATE AID FOR STATE-APPROVED

3 INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the

4 district, a school district is entitled to additional state aid for

5 each school year in an amount equal to $40, or a greater amount

6 provided by appropriation, to procure instructional material that

7 has been:

8 (1)AAreviewed by the agency under Section 31.023;

9 (2)AAplaced on the list of approved instructional

10 materials maintained by the State Board of Education under Section

11 31.022;

12 (3)AAdesignated by the State Board of Education under

13 Section 31.022 as being included or capable of being included in an

14 instructional materials parent portal under Section 31.154; and

15 (4)AAacquired from a publisher, manufacturer, or other

16 entity that has not been found to violate Section 31.151.

17 (b)AAA school district is entitled to the amount of state aid

18 provided by Subsection (a) each school year, regardless of whether

19 the district uses the amount during the school year for which the

20 amount was provided.

21 (c)AAAdditional state aid provided under this section shall

22 be deposited to the credit of the district ’s instructional

23 materials and technology account maintained by the commissioner

24 under Section 31.0212 and may be accessed only for the procurement

25 of instructional materials in accordance with this section.

26 (d)AAFunds provided to a school district under this section

27 must be spent in compliance with the requirements for the use of

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1 funds provided under this section and Section 31.0211.

2 Sec.A48.308.AAADDITIONAL STATE AID FOR OPEN EDUCATION

3 RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751,

4 a school district is entitled to additional state aid for each

5 school year in an amount not to exceed $20 for each student for the

6 costs incurred or for which the district is obligated to pay during

7 the school year in which the aid is provided for the printing and

8 shipping of open education resource instructional material made

9 available under Subchapter B-1, Chapter 31.

10 (b)AAThe amount to which a school district is entitled under

11 this section may not exceed actual costs incurred by the district or

12 for which the district is obligated to pay during the school year

13 for which the funds were provided.

14 (c)AAAdditional state aid provided under this section shall

15 be deposited to the credit of the district ’s instructional

16 materials and technology account maintained by the commissioner

17 under Section 31.0212 and may be accessed only for the procurement

18 of instructional materials in accordance with this section.

19 (d)AAFunds provided to a school district under this section

20 must be spent in compliance with the requirements for the use of

21 funds provided under this section and Section 31.0211.

22 SECTIONA50.AAChapter 322, Government Code, is amended by

23 adding Section 322.0082 to read as follows:

24 Sec.A322.0082.AAINCLUSION OF CERTAIN EDUCATION FUNDS

25 REQUIRED.AA(a)AAThe director shall include in the budget of

26 estimated appropriations prepared under Section 322.008(c):

27 (1)AAthe amount set aside under Section 43.001(d),

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1 Education Code, by the State Board of Education from the available

2 school fund for the state instructional materials and technology

3 fund established under Section 31.021, Education Code; and

4 (2)AAthe amount that is remaining in the state

5 instructional materials and technology fund from the previous

6 fiscal biennium that is available for use by school districts and

7 open-enrollment charter schools.

8 (b)AAIf the amount estimated to be appropriated for purposes

9 of the state instructional materials and technology fund for a

10 fiscal biennium is less than the amount set aside by the State Board

11 of Education under Section 43.001(d), Education Code, the director

12 shall provide with the budget an explanation of the difference,

13 including the amount of the difference and to what the additional

14 funds have been appropriated.

15 (c)AAAn explanation provided under Subsection (b) shall be

16 included with the documents provided on the board ’s Internet

17 website under Section 322.0081.

18 SECTIONA51.AAThe following provisions of the Education Code

19 are repealed:

20 (1)AASection 31.0213;

21 (2)AASections 31.022(d-1), (e), (f), (g), (h), and (i);

22 (3)AASection 31.0221;

23 (4)AASection 31.0231;

24 (5)AASection 31.024;

25 (6)AASection 31.0241;

26 (7)AASection 31.0242;

27 (8)AASection 31.0261;

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1 (9)AASection 31.035;

2 (10)AAthe heading to Subchapter B-2, Chapter 31;

3 (11)AASection 31.081;

4 (12)AASection 31.082;

5 (13)AASection 31.084;

6 (14)AASection 31.101; and

7 (15)AASection 31.151(e).

8 SECTIONA52.AATo the extent of any conflict, this Act prevails

9 over another Act of the 88th Legislature, Regular Session, 2023,

10 relating to nonsubstantive additions to and corrections in enacted

11 codes.

12 SECTIONA53.AA(a) A contract entered into under Section

13 31.026 or 31.151, Education Code, as amended by this Act, before the

14 effective date of this Act is governed by the law in effect on the

15 date the contract was entered into, and the former law is continued

16 in effect for that purpose.

17 (b)AAA contract entered into under Section 31.026 or 31.151,

18 Education Code, as amended by this Act, after the effective date of

19 this Act for a program called for by the State Board of Education

20 under Proclamation 2024 is governed by the law in effect on the date

21 the proclamation was issued, and the former law is continued in

22 effect for that purpose.

23 (c)AASection 31.026, Education Code, as amended by this Act,

24 does not apply to the review of or a contract for the purchase or

25 licensing of instructional materials required by the State Board of

26 Education pursuant to Proclamation 2024. The review of and

27 contracts for the purchase or licensing of instructional materials

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1 required by the State Board of Education pursuant to Proclamation

2 2024 are governed by the law as it existed immediately before the

3 effective date of this Act, and the former law is continued in

4 effect for that purpose.

5 (d)AASection 21.4045(b), Education Code, as added by this

6 Act, applies only to a contract entered into on or after the

7 effective date of this Act. A contract entered into before the

8 effective date of this Act is governed by the law in effect on the

9 date the contract was entered into, and the former law is continued

10 in effect for that purpose.

11 SECTIONA54.AA(a) Except as provided by Subsection (b) of

12 this section, this Act applies beginning with the 2023-2024 school

13 year.

14 (b)AASection 21.4045, Education Code, as added by this Act,

15 applies beginning with the 2024-2025 school year.

16 SECTIONA55.AA(a) Except as provided by Subsection (b) of

17 this section, this Act takes effect immediately if it receives a

18 vote of two-thirds of all the members elected to each house, as

19 provided by Section 39, Article III, Texas Constitution. If this

20 Act does not receive the vote necessary for immediate effect, this

21 Act takes effect September 1, 2023.

22 (b)AASections 48.307 and 48.308, Education Code, as added by

23 this Act, Section 48.277(b), Education Code, as amended by this

24 Act, and Section 322.0082, Government Code, as added by this Act,

25 take effect September 1, 2023.

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______________________________ ______________________________

AAAAPresident of the Senate Speaker of the HouseAAAAAA

I certify that H.B. No. 1605 was passed by the House on May 3,

2023, by the following vote:AAYeas 139, Nays 6, 1 present, not

voting; that the House concurred in Senate amendments to H.B. No.

1605 on May 17, 2023, by the following vote:AAYeas 105, Nays 39, 1

present, not voting; and that the House adopted H.C.R. No. 121

authorizing certain corrections in H.B. No. 1605 on May 24, 2023, by

the following vote: Yeas 144, Nays 0, 1 present, not voting.

______________________________

Chief Clerk of the HouseAAA

I certify that H.B. No. 1605 was passed by the Senate, with

amendments, on May 12, 2023, by the following vote:AAYeas 22, Nays

8; and that the Senate adopted H.C.R. No. 121 authorizing certain

corrections in H.B. No. 1605 on May 27, 2023, by the following vote:

Yeas 31, Nays 0.

______________________________

Secretary of the SenateAAA

APPROVED: __________________

AAAAAAAAAAAAAAAAADateAAAAAAA

AAAAAAAAA __________________

AAAAAAAAAAAAAAAGovernorAAAAAAA

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