Bill Text: TX HB6 | 2011 | 82nd Legislature 1st Special | Comm Sub
Bill Title: Relating to the foundation curriculum, the establishment of the instructional materials allotment, the adoption, review, and purchase of instructional materials and technological equipment for public schools, and the administration of state assessment instruments to public school students.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-08 - Committee report sent to Calendars [HB6 Detail]
Download: Texas-2011-HB6-Comm_Sub.html
82S10326 E | |||
By: Eissler | H.B. No. 6 | ||
Substitute the following for H.B. No. 6: | |||
By: Eissler | C.S.H.B. No. 6 |
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relating to the foundation curriculum, the establishment of the | ||
instructional materials allotment, the adoption, review, and | ||
purchase of instructional materials and technological equipment | ||
for public schools, and the administration of state assessment | ||
instruments to public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 5, Education Code, is amended by adding | ||
Section 5.002 to read as follows: | ||
Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a | ||
reference to a textbook means instructional material, as defined by | ||
Section 31.002. | ||
SECTION 2. Section 7.055(b)(28), Education Code, is amended | ||
to read as follows: | ||
(28) The commissioner shall perform duties relating to | ||
the funding, adoption, and purchase of instructional materials | ||
[ |
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SECTION 3. Section 7.056(f), Education Code, is amended to | ||
read as follows: | ||
(f) A school district or campus that is required to develop | ||
and implement a student achievement improvement plan under Section | ||
39.102 or 39.103 may receive an exemption or waiver under this | ||
section from any law or rule other than: | ||
(1) a prohibition on conduct that constitutes a | ||
criminal offense; | ||
(2) a requirement imposed by federal law or rule; | ||
(3) a requirement, restriction, or prohibition | ||
imposed by state law or rule relating to: | ||
(A) public school accountability as provided by | ||
Subchapters B, C, D, E, and J, Chapter 39; or | ||
(B) educator rights and benefits under | ||
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter | ||
A, Chapter 22; or | ||
(4) [ |
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under Chapter 31. | ||
SECTION 4. Section 7.102(c)(23), Education Code, is amended | ||
to read as follows: | ||
(23) The board shall adopt and purchase or license | ||
instructional materials [ |
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adopt rules required by that chapter. | ||
SECTION 5. Sections 7.108(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A person interested in selling bonds of any type or a | ||
person engaged in manufacturing, shipping, selling, or advertising | ||
instructional materials [ |
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authorizes a political contribution to or takes part in, directly | ||
or indirectly, the campaign of any person seeking election to or | ||
serving on the board. | ||
(c) In this section: | ||
(1) "Instructional material" has the meaning assigned | ||
by Section 31.002. | ||
(2) "Political contribution" has the meaning assigned | ||
by Section 251.001, Election Code. | ||
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SECTION 6. The heading to Section 7.112, Education Code, is | ||
amended to read as follows: | ||
Sec. 7.112. REPRESENTATION OF [ |
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INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD. | ||
SECTION 7. Section 7.112(a), Education Code, is amended to | ||
read as follows: | ||
(a) A former member of the State Board of Education who is | ||
employed by or otherwise receives compensation from a [ |
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publisher of instructional materials may not, before the second | ||
anniversary of the date on which the person last served as a member | ||
of the State Board of Education: | ||
(1) confer with a member of the board of trustees of a | ||
school district concerning instructional materials [ |
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published by that [ |
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(2) appear at a meeting of the board of trustees on | ||
behalf of the [ |
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SECTION 8. Section 7.112(c)(2), Education Code, is amended | ||
to read as follows: | ||
(2) "Instructional material" and "publisher" | ||
[ |
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31.002. | ||
SECTION 9. Section 11.158(b), Education Code, is amended to | ||
read as follows: | ||
(b) The board may not charge fees for: | ||
(1) instructional materials [ |
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laboratory supplies, or other supplies necessary for participation | ||
in any instructional course except as authorized under this code; | ||
(2) field trips required as a part of a basic education | ||
program or course; | ||
(3) any specific form of dress necessary for any | ||
required educational program or diplomas; | ||
(4) the payment of instructional costs for necessary | ||
school personnel employed in any course or educational program | ||
required for graduation; | ||
(5) library materials [ |
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any educational course or program, other than fines for lost, | ||
damaged, or overdue materials [ |
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(6) admission to any activity the student is required | ||
to attend as a prerequisite to graduation; | ||
(7) admission to or examination in any required | ||
educational course or program; or | ||
(8) lockers. | ||
SECTION 10. Section 11.164(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of each school district shall | ||
limit redundant requests for information and the number and length | ||
of written reports that a classroom teacher is required to prepare. | ||
A classroom teacher may not be required to prepare any written | ||
information other than: | ||
(1) any report concerning the health, safety, or | ||
welfare of a student; | ||
(2) a report of a student's grade on an assignment or | ||
examination; | ||
(3) a report of a student's academic progress in a | ||
class or course; | ||
(4) a report of a student's grades at the end of each | ||
grade reporting period; | ||
(5) a [ |
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(6) a unit or weekly lesson plan that outlines, in a | ||
brief and general manner, the information to be presented during | ||
each period at the secondary level or in each subject or topic at | ||
the elementary level; | ||
(7) an attendance report; | ||
(8) any report required for accreditation review; | ||
(9) any information required by a school district that | ||
relates to a complaint, grievance, or actual or potential | ||
litigation and that requires the classroom teacher's involvement; | ||
or | ||
(10) any information specifically required by law, | ||
rule, or regulation. | ||
SECTION 11. Section 19.007(e), Education Code, is amended | ||
to read as follows: | ||
(e) The district may participate in the instructional | ||
materials [ |
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SECTION 12. Sections 26.006(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A parent is entitled to: | ||
(1) review all teaching materials, instructional | ||
materials [ |
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classroom of the parent's child; and | ||
(2) review each test administered to the parent's | ||
child after the test is administered. | ||
(c) A student's parent is entitled to request that the | ||
school district or open-enrollment charter school the student | ||
attends allow the student to take home any instructional materials | ||
[ |
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instructional materials [ |
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honor the request. A student who takes home instructional | ||
materials [ |
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[ |
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requested to do so by the student's teacher. In this subsection, | ||
"instructional material" [ |
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Section 31.002. | ||
SECTION 13. Sections 28.002(a), (c), (h), and (n), | ||
Education Code, are amended to read as follows: | ||
(a) Each school district that offers kindergarten through | ||
grade 12 shall offer, as a required curriculum: | ||
(1) a foundation curriculum that includes: | ||
(A) English language arts; | ||
(B) mathematics; | ||
(C) science; and | ||
(D) social studies, consisting of Texas, United | ||
States, and world history, government, economics, with emphasis on | ||
the free enterprise system and its benefits, and geography; and | ||
(2) an enrichment curriculum that includes: | ||
(A) to the extent possible, languages other than | ||
English; | ||
(B) health, with emphasis on the importance of | ||
proper nutrition and exercise; | ||
(C) physical education; | ||
(D) fine arts; | ||
(E) [ |
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(F) [ |
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(G) [ |
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Hebrew Scriptures (Old Testament) and New Testament, and its impact | ||
on history and literature. | ||
(c) The State Board of Education, with the direct | ||
participation of educators, parents, business and industry | ||
representatives, and employers shall by rule identify the essential | ||
knowledge and skills of each subject of the required curriculum | ||
that all students should be able to demonstrate and that will be | ||
used in evaluating instructional materials [ |
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Chapter 31 and addressed on the assessment instruments required | ||
under Subchapter B, Chapter 39. As a condition of accreditation, | ||
the board shall require each district to provide instruction in the | ||
essential knowledge and skills at appropriate grade levels. | ||
(h) The State Board of Education and each school district | ||
shall foster the continuation of the tradition of teaching United | ||
States and Texas history and the free enterprise system in regular | ||
subject matter and in reading courses and in the adoption of | ||
instructional materials [ |
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public school curriculum is to prepare thoughtful, active citizens | ||
who understand the importance of patriotism and can function | ||
productively in a free enterprise society with appreciation for the | ||
basic democratic values of our state and national heritage. | ||
(n) The State Board of Education may by rule develop and | ||
implement a plan designed to incorporate foundation curriculum | ||
requirements into the career and technology education curriculum | ||
under Subsection (a)(2)(E) [ |
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SECTION 14. Sections 28.0022(a) and (d), Education Code, | ||
are amended to read as follows: | ||
(a) Not later than November 1, 2007, the agency shall | ||
establish a panel under this section to: | ||
(1) review and recommend revisions to the career and | ||
technical education curriculum under Section 28.002(a)(2)(E) | ||
[ |
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(2) review and recommend revisions for the program in | ||
which high schools and articulated postsecondary institutions | ||
allow high school students to take advanced technical credit | ||
courses. | ||
(d) Not later than November 1, 2008, the panel shall: | ||
(1) complete the review as required by this section | ||
of: | ||
(A) the career and technical education | ||
curriculum; and | ||
(B) the program under which high schools and | ||
articulated postsecondary institutions allow high school students | ||
to take advanced technical credit courses; and | ||
(2) make recommendations to the State Board of | ||
Education as necessary to: | ||
(A) increase the academic rigor of the career and | ||
technical education curriculum under Section 28.002(a)(2)(E) | ||
[ |
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(B) improve and increase participation in the | ||
program under which high schools and articulated postsecondary | ||
institutions allow high school students to take advanced technical | ||
credit courses. | ||
SECTION 15. Section 28.003(b), Education Code, is amended | ||
to read as follows: | ||
(b) In this section, "educational program" means a course or | ||
series of courses in the required curriculum under Section 28.002, | ||
other than a fine arts course under Section 28.002(a)(2)(D) or a | ||
career and technology course under Section 28.002(a)(2)(E) | ||
[ |
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SECTION 16. Section 28.011(c), Education Code, is amended | ||
to read as follows: | ||
(c) A student may not be required to use a specific | ||
translation as the sole text of the Hebrew Scriptures or New | ||
Testament and may use as the basic instructional material | ||
[ |
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Testament from that chosen by the board of trustees of the student's | ||
school district or the student's teacher. | ||
SECTION 17. The heading to Chapter 31, Education Code, is | ||
amended to read as follows: | ||
CHAPTER 31. INSTRUCTIONAL MATERIALS [ |
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SECTION 18. Section 31.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [ |
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Instructional materials [ |
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schools shall be furnished without cost to the students attending | ||
those schools. Except as provided by Section 31.104(d), a school | ||
district may not charge a student for instructional material or | ||
technological equipment purchased by the district with the | ||
district's instructional materials allotment. | ||
SECTION 19. Sections 31.002(1), (1-a), (2), and (4), | ||
Education Code, are amended to read as follows: | ||
(1) "Instructional material" [ |
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means content that conveys the essential knowledge and skills of a | ||
subject in the public school curriculum through a medium or a | ||
combination of media for conveying information to a student. The | ||
term includes a book, supplementary materials, a combination of a | ||
book, workbook, and supplementary materials, computer software, | ||
[ |
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courseware, on-line services, or an electronic medium, or other | ||
means of conveying information to the student or otherwise | ||
contributing to the learning process through electronic means, | ||
including [ |
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(1-a) "Open-source instructional material" | ||
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no charge to a student and without requiring the purchase of an | ||
unlock code, membership, or other access or use charge, except for a | ||
charge to order an optional printed copy of all or part of the | ||
instructional material [ |
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state-developed open-source instructional material [ |
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purchased under Subchapter B-1. | ||
(2) "Publisher" includes an on-line service or a | ||
developer or distributor of [ |
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materials [ |
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(4) "Technological equipment" means hardware, a | ||
device, or equipment necessary for: | ||
(A) instructional use in the classroom, | ||
including to gain access to or enhance the use of [ |
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instructional materials [ |
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(B) professional use by a classroom teacher. | ||
SECTION 20. Subchapter A, Chapter 31, Education Code, is | ||
amended by amending Sections 31.003 and 31.004 and adding Section | ||
31.005 to read as follows: | ||
Sec. 31.003. RULES. The State Board of Education may adopt | ||
rules, consistent with this chapter, for the adoption, requisition, | ||
distribution, care, use, and disposal of instructional materials | ||
[ |
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Sec. 31.004. CERTIFICATION OF PROVISION OF [ |
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school district and open-enrollment charter school shall annually | ||
certify to the State Board of Education and the commissioner that, | ||
for each subject in the required curriculum under Section 28.002, | ||
other than physical education, and each grade level, the district | ||
provides each student with [ |
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instructional materials that cover all elements of the essential | ||
knowledge and skills adopted by the State Board of Education for | ||
that subject and grade level. | ||
(b) To determine whether each student has instructional | ||
materials that cover all elements of the essential knowledge and | ||
skills as required by Subsection (a), a school district or | ||
open-enrollment charter school may consider: | ||
(1) instructional materials adopted by the State Board | ||
of Education; | ||
(2) materials adopted or purchased by the commissioner | ||
under Section 31.0231 or Subchapter B-1; | ||
(3) open-source instructional materials submitted by | ||
eligible institutions and adopted by the State Board of Education | ||
under Section 31.0241; | ||
(4) open-source instructional materials made | ||
available by other public schools; and | ||
(5) instructional materials developed or purchased by | ||
the school district or open-enrollment charter school. | ||
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. | ||
An open-enrollment charter school is entitled to the instructional | ||
materials allotment under this chapter and is subject to this | ||
chapter as if the school were a school district. | ||
SECTION 21. The heading to Section 31.021, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [ |
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FUND. | ||
SECTION 22. Section 31.021, Education Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (c) to read | ||
as follows: | ||
(a) The state instructional materials [ |
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consists of: | ||
(1) an amount set aside by the State Board of Education | ||
from the available school fund, in accordance with Section | ||
43.001(d); and | ||
(2) [ |
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[ |
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other source. | ||
(c) Money in the state instructional materials fund shall be | ||
used to: | ||
(1) fund the instructional materials allotment, as | ||
provided by Section 31.0211; | ||
(2) purchase special instructional materials for the | ||
education of blind and visually impaired students in public | ||
schools; | ||
(3) pay the expenses associated with the instructional | ||
materials adoption and review process under this chapter; | ||
(4) pay the expenses associated with the purchase or | ||
licensing of open-source instructional material; | ||
(5) pay the expenses associated with the purchase of | ||
instructional material, including intrastate freight and shipping | ||
and the insurance expenses associated with intrastate freight and | ||
shipping; and | ||
(6) fund the technology lending grant program | ||
established under Section 32.201. | ||
(d) Money transferred to the state instructional materials | ||
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to the state at the end of the fiscal year. | ||
SECTION 23. Subchapter B, Chapter 31, Education Code, is | ||
amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214 | ||
to read as follows: | ||
Sec. 31.0211. INSTRUCTIONAL MATERIALS ALLOTMENT. (a) A | ||
school district is entitled to an annual allotment from the state | ||
instructional materials fund for each student enrolled in the | ||
district on a date during the preceding school year specified by the | ||
commissioner. The commissioner shall determine the amount of the | ||
allotment per student each year on the basis of the amount of money | ||
available in the state instructional materials fund to fund the | ||
allotment. An allotment under this section shall be transferred | ||
from the state instructional materials fund to the credit of the | ||
district's instructional materials account as provided by Section | ||
31.0212. | ||
(b) A juvenile justice alternative education program under | ||
Section 37.011 is entitled to an allotment from the state | ||
instructional materials fund in an amount determined by the | ||
commissioner. The program shall use the allotment to purchase | ||
items listed in Subsection (c) for students enrolled in the | ||
program. The commissioner's determination under this subsection is | ||
final and may not be appealed. | ||
(c) Subject to Subsection (d), funds allotted under this | ||
section may be used to: | ||
(1) purchase: | ||
(A) materials on the list adopted by the | ||
commissioner, as provided by Section 31.0231; | ||
(B) instructional materials, regardless of | ||
whether the instructional materials are on the list adopted under | ||
Section 31.024; | ||
(C) consumable instructional materials, | ||
including workbooks; | ||
(D) instructional materials for use in bilingual | ||
education classes, as provided by Section 31.029; | ||
(E) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(F) state-developed open-source instructional | ||
materials, as provided by Subchapter B-1; | ||
(G) instructional materials and technological | ||
equipment under any continuing contracts of the district in effect | ||
on September 1, 2011; and | ||
(H) technological equipment necessary to support | ||
the use of materials included on the list adopted by the | ||
commissioner under Section 31.0231 or any instructional materials | ||
purchased with an allotment under this section; and | ||
(2) pay: | ||
(A) for training educational personnel directly | ||
involved in student learning in the appropriate use of | ||
instructional materials and for providing for access to | ||
technological equipment for instructional use; and | ||
(B) the salary and other expenses of an employee | ||
who provides technical support for the use of technological | ||
equipment. | ||
(d) Each year a school district shall use the district's | ||
allotment under this section to purchase, in the following order: | ||
(1) instructional materials necessary to permit the | ||
district to certify that the district has instructional materials | ||
that cover all elements of the essential knowledge and skills of the | ||
required curriculum, other than physical education, for each grade | ||
level as required by Section 28.002; and | ||
(2) any other instructional materials or | ||
technological equipment as determined by the district. | ||
(d-1) Notwithstanding Subsection (d), for the state fiscal | ||
biennium beginning September 1, 2011, a school district shall use | ||
an allotment received under this section to purchase instructional | ||
materials that will assist the district in satisfying performance | ||
standards under Section 39.0241, as added by Chapter 895 (H.B. 3), | ||
Acts of the 81st Legislature, Regular Session, 2009, on assessment | ||
instruments adopted under Sections 39.023(a) and (c). | ||
(d-2) Subsection (d-1) and this subsection expire August | ||
31, 2013. | ||
(e) Not later than May 31 of each school year, a school | ||
district may request that the commissioner adjust the number of | ||
students for which the district is entitled to receive an allotment | ||
under Subsection (a) on the grounds that the number of students | ||
attending school in the district will increase or decrease during | ||
the school year for which the allotment is provided. The | ||
commissioner may also adjust the number of students for which a | ||
district is entitled to receive an allotment, without a request by | ||
the district, if the commissioner determines a different number of | ||
students is a more accurate reflection of students who will be | ||
attending school in the district. The commissioner's determination | ||
under this subsection is final. | ||
(f) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
Sec. 31.0212. INSTRUCTIONAL MATERIALS ACCOUNT. (a) The | ||
commissioner shall maintain an instructional materials account for | ||
each school district. Each school year, the commissioner shall | ||
deposit in the account for each district the amount of the | ||
district's instructional materials allotment under Section | ||
31.0211. | ||
(b) The commissioner shall pay the cost of instructional | ||
materials requisitioned by a school district under Section 31.103 | ||
using funds from the district's instructional materials account. | ||
(c) A school district may also use funds in the district's | ||
account to purchase electronic instructional materials or | ||
technological equipment. The district shall submit to the | ||
commissioner a request for funds for this purpose from the | ||
district's account. The commissioner shall adopt rules regarding | ||
the documentation a school district must submit to receive funds | ||
under this subsection. | ||
(d) Money deposited in a school district's instructional | ||
materials account during each state fiscal biennium remains in the | ||
account and available for use by the district for the entire | ||
biennium. At the end of each biennium, a district with unused money | ||
in the district's account may carry forward any remaining balance | ||
to the next biennium. | ||
(e) The commissioner shall adopt rules as necessary to | ||
implement this section. The rules must include a requirement that a | ||
school district provide the title and publication information for | ||
any instructional materials requisitioned or purchased by the | ||
district with the district's instructional materials allotment. | ||
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL | ||
MATERIALS ALLOTMENT. Each school district shall annually certify | ||
to the commissioner that the district's instructional materials | ||
allotment has been used only for expenses allowed by Section | ||
31.0211. | ||
Sec. 31.0214. ADJUSTMENT FOR HIGH ENROLLMENT GROWTH | ||
DISTRICTS. (a) Each year the commissioner shall adjust the | ||
instructional materials allotment of school districts experiencing | ||
high enrollment growth. The commissioner shall establish a | ||
procedure for determining high enrollment growth districts | ||
eligible to receive an adjustment under this section and the amount | ||
of the instructional materials allotment those districts will | ||
receive. | ||
(b) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 24. Section 31.022, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.022. INSTRUCTIONAL MATERIALS [ |
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ADOPTION. (a) The State Board of Education shall adopt a review | ||
and adoption cycle for instructional materials [ |
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elementary grade levels, including prekindergarten, and secondary | ||
grade levels, for each subject in the required curriculum under | ||
Section 28.002. In adopting the cycle, the board: | ||
(1) is not required to review and adopt instructional | ||
materials for all grade levels in a single year; and | ||
(2) shall give priority to instructional materials in | ||
the following subjects: | ||
(A) foundation curriculum subjects for which the | ||
essential knowledge and skills have been substantially revised and | ||
for which assessment instruments are required under Subchapter B, | ||
Chapter 39, including career and technology courses that satisfy | ||
foundation curriculum requirements as provided by Section | ||
28.002(n); | ||
(B) foundation curriculum subjects for which the | ||
essential knowledge and skills have been substantially revised, | ||
including career and technology courses that satisfy foundation | ||
curriculum requirements as provided by Section 28.002(n); | ||
(C) foundation curriculum subjects not described | ||
by Paragraph (A) or (B), including career and technology courses | ||
that satisfy foundation curriculum requirements as provided by | ||
Section 28.002(n); and | ||
(D) enrichment curriculum subjects. | ||
(b) The board shall organize the cycle for subjects in the | ||
foundation curriculum so that not more than one-fourth [ |
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of the instructional materials [ |
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foundation curriculum are reviewed each biennium [ |
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shall adopt rules to provide for a full and complete investigation | ||
of instructional materials [ |
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foundation curriculum [ |
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adoption of instructional materials [ |
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the foundation curriculum may be extended beyond the eight-year | ||
[ |
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[ |
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(b-1) For purposes of the cycle described by Subsection (b), | ||
the State Board of Education is considered to have adopted | ||
instructional materials for English language arts, English as a | ||
second language, and prekindergarten, as included in Proclamation | ||
2011, for the biennium beginning September 1, 2011. This | ||
subsection expires September 1, 2013. | ||
(c) The board shall adopt rules to provide for a full and | ||
complete investigation of instructional materials [ |
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each subject in the enrichment curriculum on a cycle the board | ||
considers appropriate. | ||
(d) At least 12 [ |
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school year for which instructional materials [ |
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particular subject and grade level will be adopted [ |
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under the review and adoption cycle [ |
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board shall publish notice of the review and adoption cycle for | ||
those instructional materials [ |
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production must allow submission of open-source instructional | ||
materials that are available for use by the state without charge on | ||
the same basis as instructional materials offered for sale. | ||
(d-1) A notice published under Subsection (d) must state | ||
that a publisher of adopted instructional materials for a grade | ||
level other than prekindergarten must submit an electronic sample | ||
of the instructional materials as required by Sections 31.027(a) | ||
and (b) and may not submit a print sample copy. | ||
(e) The board shall designate a request for production of | ||
instructional materials [ |
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level by the school year in which the instructional materials | ||
[ |
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by the school year in which the board makes the request for | ||
production. | ||
(f) The board shall amend any request for production issued | ||
for the purchase of instructional materials [ |
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to the instructional materials [ |
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by the General Appropriations Act for the year of implementation. | ||
SECTION 25. Section 31.0221, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0221. MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL | ||
MATERIALS [ |
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adopt rules for the midcycle review and adoption of instructional | ||
material [ |
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materials [ |
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under Section 31.022. The rules must require: | ||
(1) the publisher of the instructional material | ||
[ |
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midcycle review and adoption of the instructional material | ||
[ |
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(2) the publisher of the instructional material | ||
[ |
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instructional material [ |
||
time as any contract entered into by the board for other | ||
instructional materials [ |
||
grade level; and | ||
(3) a commitment from the publisher to provide the | ||
instructional material [ |
||
specified by the publisher, which may include: | ||
(A) providing the instructional material | ||
[ |
||
area identified by the publisher; or | ||
(B) providing a certain maximum number of | ||
instructional materials [ |
||
(b) Sections 31.023 and 31.024 apply to instructional | ||
material [ |
||
does not apply to instructional material [ |
||
this section. | ||
SECTION 26. Section 31.023, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.023. INSTRUCTIONAL MATERIAL LIST [ |
||
(a) For each subject and grade level, the State Board of Education | ||
shall adopt a list [ |
||
[ |
||
material [ |
||
meets applicable physical specifications adopted by the State Board | ||
of Education and contains material covering at least half of the | ||
elements [ |
||
the subject and grade level in the student version of the | ||
instructional material [ |
||
version of the instructional material [ |
||
the State Board of Education under Section 28.002 and adopted under | ||
Section 31.024[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
|
||
[ |
||
(a-1) The State Board of Education shall determine the | ||
percentage of the elements of the essential knowledge and skills of | ||
the subject and grade level covered by each instructional material | ||
submitted. The board's determination under this subsection is | ||
final. | ||
(b) Each instructional material [ |
||
|
||
SECTION 27. (a) If S.B. No. 290, Acts of the 82nd | ||
Legislature, Regular Session, 2011, does not become law, Section | ||
31.0231, Education Code, is amended to read as follows: | ||
Sec. 31.0231. COMMISSIONER'S [ |
||
|
||
list of: | ||
(1) electronic instructional material [ |
||
and | ||
(2) science [ |
||
information to the student or otherwise contributes to the learning | ||
process, including tools, models, and investigative materials | ||
designed for use as part of the foundation curriculum for science in | ||
kindergarten through grade five. | ||
(b) A school district may select [ |
||
|
||
be funded by the district's instructional materials allotment | ||
[ |
||
(c) Before the commissioner places [ |
||
|
||
(a), the State Board of Education must be given an opportunity to | ||
comment on the [ |
||
the commissioner places material on the list adopted under | ||
Subsection (a), the State Board of Education may, not later than the | ||
90th day after the date the material is placed on the list, require | ||
the commissioner to remove the material from the list. Material [ |
||
|
||
adopted under Subsection (a): | ||
(1) must be reviewed and recommended to the | ||
commissioner by a panel of recognized experts in the subject area of | ||
the [ |
||
education technology; | ||
(2) must satisfy criteria adopted for the purpose by | ||
commissioner rule; and | ||
(3) must meet the National Instructional Materials | ||
Accessibility Standard, to the extent practicable as determined by | ||
the commissioner. | ||
(d) The criteria adopted under Subsection (c)(2) must: | ||
(1) include evidence of alignment with current | ||
research in the subject for which the [ |
||
|
||
(2) include coverage of the essential knowledge and | ||
skills identified under Section 28.002 for the subject for which | ||
the [ |
||
be used and identify: | ||
(A) each of the essential knowledge and skills | ||
for the subject and grade level or levels covered by the [ |
||
|
||
(B) the percentage of the essential knowledge and | ||
skills for the subject and grade level or levels covered by the | ||
[ |
||
(3) include appropriate training for teachers. | ||
(e) The commissioner shall update, as necessary, the list | ||
adopted under Subsection (a). Before the commissioner places [ |
||
|
||
the requirements of Subsection (c) must be met. [ |
||
|
||
|
||
|
||
|
||
|
||
(f) After notice to the commissioner explaining in detail | ||
the changes, the provider of [ |
||
|
||
may update the navigational features or management system related | ||
to the [ |
||
(g) After notice to the commissioner and a review by the | ||
commissioner, the provider of [ |
||
|
||
may update the content of the [ |
||
|
||
knowledge or information. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. The rules must: | ||
(1) be consistent with Section 31.151 regarding the | ||
duties of publishers and manufacturers, as appropriate, and the | ||
imposition of a reasonable administrative penalty; and | ||
(2) require public notice of an opportunity for the | ||
submission of [ |
||
(b) If S.B. No. 290, Acts of the 82nd Legislature, Regular | ||
Session, 2011, becomes law, Section 31.0231, Education Code, as | ||
effective in June 2011, is amended to read as follows: | ||
Sec. 31.0231. COMMISSIONER'S [ |
||
|
||
list of: | ||
(1) electronic instructional material [ |
||
and | ||
(2) [ |
||
to the student or otherwise contributes to the learning process, | ||
including tools, models, and investigative materials designed for | ||
use as part of the foundation curriculum for: | ||
(A) science in kindergarten through grade five; | ||
and | ||
(B) personal financial literacy in kindergarten | ||
through grade eight. | ||
(b) A school district may select [ |
||
|
||
be funded by the district's instructional materials allotment | ||
[ |
||
(c) Before the commissioner places [ |
||
|
||
(a), the State Board of Education must be given an opportunity to | ||
comment on the [ |
||
the commissioner places material on the list adopted under | ||
Subsection (a), the State Board of Education may, not later than the | ||
90th day after the date the material is placed on the list, require | ||
the commissioner to remove the material from the list. Material [ |
||
|
||
adopted under Subsection (a): | ||
(1) must be reviewed and recommended to the | ||
commissioner by a panel of recognized experts in the subject area of | ||
the [ |
||
education technology; | ||
(2) must satisfy criteria adopted for the purpose by | ||
commissioner rule; and | ||
(3) must meet the National Instructional Materials | ||
Accessibility Standard, to the extent practicable as determined by | ||
the commissioner. | ||
(d) The criteria adopted under Subsection (c)(2) must: | ||
(1) include evidence of alignment with current | ||
research in the subject for which the [ |
||
|
||
(2) include coverage of the essential knowledge and | ||
skills identified under Section 28.002 for the subject for which | ||
the [ |
||
be used and identify: | ||
(A) each of the essential knowledge and skills | ||
for the subject and grade level or levels covered by the [ |
||
|
||
(B) the percentage of the essential knowledge and | ||
skills for the subject and grade level or levels covered by the | ||
[ |
||
(3) include appropriate training for teachers. | ||
(e) The commissioner shall update, as necessary, the list | ||
adopted under Subsection (a). Before the commissioner places [ |
||
|
||
the requirements of Subsection (c) must be met. [ |
||
|
||
|
||
|
||
|
||
|
||
(f) After notice to the commissioner explaining in detail | ||
the changes, the provider of [ |
||
|
||
may update the navigational features or management system related | ||
to the [ |
||
(g) After notice to the commissioner and a review by the | ||
commissioner, the provider of [ |
||
|
||
may update the content of the [ |
||
|
||
knowledge or information. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. The rules must: | ||
(1) be consistent with Section 31.151 regarding the | ||
duties of publishers and manufacturers, as appropriate, and the | ||
imposition of a reasonable administrative penalty; and | ||
(2) require public notice of an opportunity for the | ||
submission of [ |
||
SECTION 28. Section 31.024, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By | ||
majority vote, the State Board of Education shall: | ||
(1) place each submitted instructional material on the | ||
[ |
||
Section 31.023; or | ||
(2) reject instructional material [ |
||
submitted for placement on that [ |
||
list. | ||
(b) Not later than December 1 of the year preceding the | ||
school year for which the instructional materials [ |
||
particular subject and grade level will be purchased under the | ||
cycle adopted by the board under Section 31.022, the board shall | ||
provide the list [ |
||
[ |
||
|
||
|
||
SECTION 29. The heading to Section 31.0241, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0241. ADOPTION OF OPEN-SOURCE INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 30. Sections 31.0241(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) The State Board of Education shall place [ |
||
open-source instructional material [ |
||
secondary-level course submitted for adoption by an eligible | ||
institution on the [ |
||
under Section 31.023 if: | ||
(1) the instructional material [ |
||
compiled, or edited primarily by faculty of the eligible | ||
institution who specialize in the subject area of the instructional | ||
material [ |
||
(2) the eligible institution identifies each | ||
contributing author; | ||
(3) the appropriate department of the eligible | ||
institution certifies the instructional material [ |
||
accuracy; [ |
||
(4) the eligible institution determines that the | ||
instructional material [ |
||
[ |
||
instructional material [ |
||
and skills identified under Section 28.002 for the subject for | ||
which the instructional material [ |
||
certifies that: | ||
(A) for instructional material [ |
||
senior-level course, a student who successfully completes a course | ||
based on the instructional material [ |
||
without remediation, for entry into the eligible institution's | ||
freshman-level course in that subject; or | ||
(B) for instructional material [ |
||
junior-level and senior-level course, a student who successfully | ||
completes the junior-level course based on the instructional | ||
material [ |
||
senior-level course; and | ||
(5) by not later than the 90th day after the date the | ||
instructional material is submitted and before placement of the | ||
instructional material on the list, the board reviews and comments | ||
on the instructional material. | ||
(c) This section does not prohibit an eligible institution | ||
from submitting instructional material [ |
||
on the [ |
||
31.023 through any other adoption process provided by this chapter. | ||
SECTION 31. Section 31.026, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.026. CONTRACT; PRICE. (a) The State Board of | ||
Education shall execute a contract[ |
||
[ |
||
|
||
[ |
||
instructional material [ |
||
(b) A contract must require the publisher to provide the | ||
number of instructional materials [ |
||
districts in this state for the term of the contract, which must | ||
coincide with the board's adoption cycle. | ||
(c) As applicable, a contract must provide for the purchase | ||
or licensing of instructional material [ |
||
price, which may not exceed the lowest price paid by any other state | ||
or any school or school district. The price must be fixed for the | ||
term of the contract. | ||
(d) [ |
||
instructional material [ |
||
SECTION 32. Section 31.0261, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE | ||
INSTRUCTIONAL MATERIALS [ |
||
may execute a contract for the printing of [ |
||
instructional materials placed [ |
||
[ |
||
The contract must allow a school district to requisition printed | ||
copies of [ |
||
provided by Section 31.103. | ||
SECTION 33. (a) If S.B. No. 391, Acts of the 82nd | ||
Legislature, Regular Session, 2011, does not become law, Section | ||
31.027, Education Code, is amended to read as follows: | ||
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC | ||
SAMPLE [ |
||
district and open-enrollment charter school with information that | ||
fully describes each of the publisher's submitted instructional | ||
materials [ |
||
publisher shall provide an electronic [ |
||
submitted instructional material [ |
||
(b) A publisher shall provide an electronic [ |
||
sample [ |
||
|
||
center. | ||
(c) [ |
||
instructional material [ |
||
(b) If S.B. No. 391, Acts of the 82nd Legislature, Regular | ||
Session, 2011, becomes law, Section 31.027, Education Code, as | ||
effective September 1, 2011, is amended to read as follows: | ||
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC | ||
SAMPLE. (a) A publisher shall provide each school district and | ||
open-enrollment charter school with information that fully | ||
describes each of the publisher's submitted instructional | ||
materials [ |
||
publisher shall provide an electronic sample of submitted | ||
instructional material [ |
||
(b) A publisher shall provide an electronic sample of each | ||
submitted instructional material [ |
||
maintained at each regional education service center. | ||
(c) [ |
||
instructional material [ |
||
SECTION 34. Section 31.028, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [ |
||
(a) The commissioner [ |
||
special instructional materials [ |
||
blind and visually impaired students in public schools. In | ||
addition, for a teacher who is blind or visually impaired, the | ||
commissioner [ |
||
or large type, as requested by the teacher, for each instructional | ||
material [ |
||
students. The teacher edition must be available at the same time | ||
the student instructional materials [ |
||
(b) The publisher of [ |
||
[ |
||
instructional material [ |
||
Braille instructional materials [ |
||
instructional materials [ |
||
disabilities, on request of the commissioner [ |
||
|
||
material [ |
||
specified by the commissioner [ |
||
(c) The commissioner [ |
||
providing for the acceptance, requisition, and distribution of | ||
special instructional materials [ |
||
pursuant to 20 U.S.C. Section 101 et seq. for use by students | ||
enrolled in: | ||
(1) public schools; or | ||
(2) private nonprofit schools, if state funds, other | ||
than for administrative costs, are not involved. | ||
(d) In this section: | ||
(1) "Blind or visually impaired student" includes any | ||
student whose visual acuity is impaired to the extent that the | ||
student is unable to read the text [ |
||
instructional material [ |
||
(2) "Special instructional material [ |
||
instructional material [ |
||
other medium or any apparatus that conveys information to a student | ||
or otherwise contributes to the learning process. | ||
SECTION 35. Section 31.029, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS | ||
[ |
||
the district's instructional materials allotment or otherwise | ||
acquire instructional materials [ |
||
education classes. | ||
(b) The commissioner shall adopt rules regarding the | ||
purchase of instructional materials under this section. | ||
SECTION 36. Section 31.030, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.030. USED INSTRUCTIONAL MATERIALS [ |
||
State Board of Education shall adopt rules to ensure that used | ||
instructional materials [ |
||
open-enrollment charter schools are not sample copies that contain | ||
factual errors. The rules may provide for the imposition of an | ||
administrative penalty in accordance with Section 31.151 against a | ||
seller of used instructional materials [ |
||
violates this section. | ||
SECTION 37. The heading to Section 31.035, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.035. SUPPLEMENTAL INSTRUCTIONAL MATERIALS | ||
[ |
||
SECTION 38. Sections 31.035(a), (b), (c), (d), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
the State Board of Education may adopt supplemental instructional | ||
materials [ |
||
|
||
of Education may adopt [ |
||
[ |
||
[ |
||
(1) contains material covering one or more primary | ||
focal points or primary topics of a subject in the required | ||
curriculum under Section 28.002, as determined by the State Board | ||
of Education; | ||
(2) is not designed to serve as the sole instructional | ||
material [ |
||
(3) meets applicable physical specifications adopted | ||
by the State Board of Education; and | ||
(4) is free from factual errors. | ||
(b) The State Board of Education shall identify the | ||
essential knowledge and skills identified under Section 28.002 that | ||
are covered by [ |
||
adopted by the board under this section. | ||
(c) Supplemental instructional material [ |
||
|
||
including the midcycle review and adoption cycle provisions, of | ||
this subchapter. | ||
(d) A school district or open-enrollment charter school may | ||
requisition [ |
||
adopted under this section only if the district or school[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
instructional material [ |
||
instructional materials [ |
||
[ |
||
31.023 that in combination cover each element of the essential | ||
knowledge and skills for the course for which the district or school | ||
is requisitioning the supplemental instructional materials | ||
[ |
||
(f) A school district or open-enrollment charter school | ||
that requisitions supplemental instructional materials [ |
||
|
||
supplemental instructional materials [ |
||
with any other instructional materials [ |
||
instructional materials [ |
||
cover the essential knowledge and skills identified under Section | ||
28.002 by the State Board of Education for the subject and grade | ||
level for which the district or school is requisitioning the | ||
supplemental instructional materials [ |
||
SECTION 39. The heading to Subchapter B-1, Chapter 31, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 40. Section 31.071, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may | ||
purchase state-developed open-source instructional materials | ||
[ |
||
(b) The commissioner: | ||
(1) shall purchase any state-developed open-source | ||
instructional materials [ |
||
and | ||
(2) may purchase more than one state-developed | ||
open-source instructional material [ |
||
grade level. | ||
(c) State-developed [ |
||
instructional material [ |
||
licensed to the state for use in the applicable subject or grade | ||
level. The state must have unlimited authority to modify, delete, | ||
combine, or add content to the instructional material [ |
||
after purchase. | ||
(d) The commissioner may issue a request for proposals for | ||
[ |
||
(1) in accordance with the instructional material | ||
[ |
||
(2) at any other time the commissioner determines that | ||
a need exists for additional instructional material [ |
||
options. | ||
(e) The costs of administering this subchapter and | ||
purchasing state-developed open-source instructional materials | ||
[ |
||
[ |
||
SECTION 41. Sections 31.072(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) State-developed [ |
||
instructional material [ |
||
(1) be evaluated by teachers or other experts, as | ||
determined by the commissioner, before purchase; and | ||
(2) meet the requirements for inclusion on the | ||
instructional material [ |
||
list adopted under Section 31.023. | ||
(b) Following a curriculum revision by the State Board of | ||
Education, the commissioner shall require the revision of [ |
||
state-developed open-source instructional material [ |
||
relating to that curriculum. The commissioner may, at any time, | ||
require an additional revision of [ |
||
instructional material [ |
||
revisions of state-developed open-source instructional material [ |
||
|
||
for which instructional material [ |
||
grade level may be adopted. The commissioner shall use a | ||
competitive process to request proposals to revise [ |
||
state-developed open-source instructional material [ |
||
under this subsection. | ||
SECTION 42. The heading to Section 31.073, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.073. SELECTION BY SCHOOL DISTRICT [ |
||
SECTION 43. Sections 31.073(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) Notwithstanding Section 31.022, a school district or | ||
open-enrollment charter school may adopt [ |
||
open-source instructional material [ |
||
regardless of the instructional material [ |
||
adoption cycle under that section. | ||
(d) A school district or open-enrollment charter school may | ||
not be charged for selection of [ |
||
instructional material [ |
||
material [ |
||
SECTION 44. Section 31.074, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall | ||
provide for the distribution of state-developed open-source | ||
instructional materials [ |
||
distribution of instructional materials [ |
||
Subchapter B. | ||
(b) The commissioner may use a competitive process to | ||
contract for printing or other reproduction of [ |
||
open-source instructional material [ |
||
district or open-enrollment charter school. The commissioner may | ||
not require a school district or open-enrollment charter school to | ||
contract with a state-approved provider for the printing or | ||
reproduction of [ |
||
material [ |
||
SECTION 45. Section 31.075, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed [ |
||
|
||
the property of the state. | ||
(b) The commissioner shall provide a license to each public | ||
school in the state, including a school district, an | ||
open-enrollment charter school, and a state or local agency | ||
educating students in any grade from prekindergarten through high | ||
school, to use and reproduce [ |
||
instructional material [ |
||
(c) The commissioner may provide a license to use [ |
||
state-developed open-source instructional material [ |
||
an entity not listed in Subsection (b). In determining the cost of | ||
a license under this subsection, the commissioner shall seek, to | ||
the extent feasible, to recover the costs of developing, revising, | ||
and distributing state-developed open-source instructional | ||
materials [ |
||
SECTION 46. Section 31.076(b), Education Code, is amended | ||
to read as follows: | ||
(b) A decision by the commissioner regarding the purchase, | ||
revision, cost, or distribution of [ |
||
instructional material [ |
||
SECTION 47. Section 31.077, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall | ||
develop a schedule for the adoption of state-developed open-source | ||
instructional materials [ |
||
developing the adoption schedule under this section, the | ||
commissioner shall consider: | ||
(1) the availability of funds; | ||
(2) the existing instructional material [ |
||
adoption cycles under Subchapter B; and | ||
(3) the availability of instructional materials | ||
[ |
||
SECTION 48. The heading to Section 31.101, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL | ||
MATERIALS [ |
||
SECTION 49. Section 31.101, Education Code, is amended by | ||
amending Subsections (a), (d), and (e) and adding Subsection (f) to | ||
read as follows: | ||
(a) Each year, during a period established by the State | ||
Board of Education, the board of trustees of each school district | ||
and the governing body of each open-enrollment charter school | ||
shall: | ||
(1) for a subject in the foundation curriculum, notify | ||
the State Board of Education of the instructional materials | ||
[ |
||
the following school year from [ |
||
[ |
||
including the list adopted under Section 31.0231; or | ||
(2) for a subject in the enrichment curriculum: | ||
(A) notify the State Board of Education of each | ||
instructional material [ |
||
or governing body for the following school year from [ |
||
instructional materials [ |
||
|
||
31.0231; or | ||
(B) notify the State Board of Education that the | ||
board of trustees or governing body has selected instructional | ||
material [ |
||
|
||
(d) For instructional material [ |
||
the [ |
||
open-enrollment charter school must use the instructional material | ||
[ |
||
Board of Education has established for the subject and grade level | ||
for which the instructional material [ |
||
(e) A school district or open-enrollment charter school | ||
that selects [ |
||
instructional material on the [ |
||
Section 31.023 or electronic instructional material on the list | ||
adopted by the commissioner under Section 31.0231 may cancel the | ||
subscription and subscribe to [ |
||
instructional material on the [ |
||
Section 31.023 or electronic instructional material on the list | ||
adopted by the commissioner under Section 31.0231 before the end of | ||
the state contract period under Section 31.026 if: | ||
(1) the district or school has used the [ |
||
|
||
and | ||
(2) the agency approves the change based on a written | ||
request to the agency by the district or school that specifies the | ||
reasons for changing the [ |
||
material used by the district or school. | ||
(f) The commissioner shall maintain an online requisition | ||
system for school districts to requisition instructional materials | ||
to be purchased with the district's instructional materials | ||
allotment. | ||
SECTION 50. Section 31.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.102. TITLE AND CUSTODY. (a) Each instructional | ||
material [ |
||
school district or an open-enrollment charter school is the | ||
property of the district or school [ |
||
(b) Subsection (a) applies to [ |
||
material [ |
||
agreement. | ||
(c) The board of trustees of a school district or the | ||
governing body of an open-enrollment charter school [ |
||
|
||
|
||
printed instructional material [ |
||
manner that the board or governing body determines is most | ||
effective and economical. | ||
SECTION 51. The heading to Section 31.103, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.103. INSTRUCTIONAL MATERIAL [ |
||
REQUISITIONS. | ||
SECTION 52. Sections 31.103(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) [ |
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shall make a requisition for instructional material using the | ||
online requisition program maintained by [ |
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of each year. The [ |
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manufacturer shall fill a requisition approved by the agency [ |
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(c) In making a requisition under this section, a school | ||
district or open-enrollment charter school may requisition | ||
instructional materials [ |
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the grade level in which a student is enrolled[ |
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(d) A school district or open-enrollment charter school | ||
that selects [ |
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shall requisition a sufficient number of printed copies for use by | ||
students unable to access the instructional material [ |
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electronically unless the district or school provides to each | ||
student: | ||
(1) electronic access to the instructional material | ||
[ |
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(2) printed copies of the portion of the instructional | ||
material [ |
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SECTION 53. Section 31.104, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.104. DISTRIBUTION AND HANDLING. (a) The board of | ||
trustees of a school district or the governing body of an | ||
open-enrollment charter school may delegate to an employee the | ||
authority to requisition, distribute, and manage the inventory of | ||
instructional materials [ |
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this chapter and rules adopted under this chapter. | ||
(b) A school district or open-enrollment charter school may | ||
order replacements for instructional materials [ |
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have been lost or damaged directly from[ |
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materials or [ |
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open-source instructional material [ |
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(c) [ |
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student must return all instructional materials [ |
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teacher at the end of the school year or when the student withdraws | ||
from school. | ||
(d) Each student, or the student's parent or guardian, is | ||
responsible for all instructional materials [ |
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equipment not returned in an acceptable condition by the student. A | ||
student who fails to return in an acceptable condition all | ||
instructional materials [ |
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instructional materials [ |
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materials [ |
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[ |
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an acceptable condition are [ |
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guardian. As provided by policy of the board of trustees or | ||
governing body, a school district or open-enrollment charter school | ||
may waive or reduce the payment requirement if the student is from a | ||
low-income family. The district or school shall allow the student | ||
to use instructional materials [ |
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school day. If instructional materials [ |
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an acceptable condition or paid for, the district or school may | ||
withhold the student's records. A district or school may not, | ||
under this subsection, prevent a student from graduating, | ||
participating in a graduation ceremony, or receiving a diploma. | ||
The commissioner by rule shall adopt criteria for determining | ||
whether instructional materials [ |
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an acceptable condition. | ||
(e) The board of trustees of a school district may not | ||
require an employee of the district who acts in good faith to pay | ||
for instructional materials [ |
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technological equipment that is damaged, stolen, misplaced, or not | ||
returned. A school district employee may not waive this provision | ||
by contract or any other means, except that a district may enter | ||
into a written agreement with a school employee whereby the | ||
employee assumes financial responsibility for electronic | ||
instructional material [ |
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off school property or outside of a school-sponsored event in | ||
consideration for the ability of the school employee to use the | ||
electronic instructional material [ |
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equipment for personal business. Such a written agreement shall be | ||
separate from the employee's contract of employment, if applicable, | ||
and shall clearly inform the employee of the amount of the financial | ||
responsibility and advise the employee to consider obtaining | ||
appropriate insurance. An employee may not be required to agree to | ||
such an agreement as a condition of employment. | ||
(g) At the end of the school year for which [ |
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instructional material [ |
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open-enrollment charter school does not intend to use for another | ||
student is distributed, the printed copy of the open-source | ||
instructional material [ |
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student to whom it is distributed. | ||
(h) This section does not apply to an electronic copy of | ||
[ |
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SECTION 54. Section 31.105, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.105. SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS | ||
AND TECHNOLOGICAL EQUIPMENT [ |
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trustees of a school district or governing body of an | ||
open-enrollment charter school may sell printed instructional | ||
materials on the date the instructional material is discontinued | ||
for use in the public schools by the State Board of Education or the | ||
commissioner. The board of trustees or governing body may also sell | ||
electronic instructional materials and technological equipment | ||
owned by the district or school. Any funds received by a district | ||
or school from a sale authorized by this subsection must be used to | ||
purchase instructional materials and technological equipment | ||
allowed under Section 31.0211 [ |
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(b) The board of trustees of a school district or governing | ||
body of an open-enrollment charter school shall determine how the | ||
district or school will dispose of discontinued printed | ||
instructional materials, electronic instructional materials, and | ||
technological equipment. | ||
(c) The board of trustees of a school district or governing | ||
body of an open-enrollment charter school may dispose of printed | ||
instructional material before the date the instructional material | ||
is discontinued for use in the public schools by the State Board of | ||
Education if the board of trustees or governing body determines | ||
that the instructional material is not needed by the district or | ||
school and the board of trustees or governing body does not | ||
reasonably expect that the instructional material will be needed. | ||
A district or school must notify the commissioner of any | ||
instructional material the district or school disposes of under | ||
this subsection. | ||
SECTION 55. Section 31.106, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any | ||
instructional material [ |
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school district or open-enrollment charter school may use local | ||
funds to purchase any instructional materials [ |
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SECTION 56. Section 31.151, Education Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (e) to read | ||
as follows: | ||
(a) A publisher or manufacturer of instructional materials | ||
[ |
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(1) shall furnish any instructional material | ||
[ |
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a price that does not exceed the lowest price at which the publisher | ||
offers that instructional material [ |
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to any state, public school, or school district in the United | ||
States; | ||
(2) shall automatically reduce the price of | ||
instructional material [ |
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district or open-enrollment charter school to the extent that the | ||
price is reduced elsewhere in the United States; | ||
(3) shall provide any instructional material | ||
[ |
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same extent that the publisher or manufacturer provides the | ||
instructional material [ |
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to any state, public school, or school district in the United | ||
States; | ||
(4) shall guarantee that each copy of instructional | ||
material [ |
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quality to copies of that instructional material [ |
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elsewhere in the United States and is free from factual error; | ||
(5) may not become associated or connected with, | ||
directly or indirectly, any combination in restraint of trade in | ||
instructional materials [ |
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understanding or combination to control prices or restrict | ||
competition in the sale of instructional materials [ |
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use in this state; | ||
(6) shall[ |
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(7) shall, at the time an order for instructional | ||
materials [ |
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or open-enrollment charter schools an accurate shipping date for | ||
instructional materials [ |
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(8) shall guarantee delivery of instructional | ||
materials [ |
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day of school of the year for which the instructional materials | ||
[ |
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are ordered by a date specified in the sales contract; and | ||
(9) shall submit to the State Board of Education an | ||
affidavit certifying any instructional material [ |
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publisher or manufacturer offers in this state to be free of factual | ||
errors at the time the publisher executes the contract required by | ||
Section 31.026. | ||
(d) A penalty collected under this section shall be | ||
deposited to the credit of the state instructional materials | ||
[ |
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(e) An eligible institution, as defined by Section | ||
31.0241(a), that offers open-source instructional materials under | ||
Section 31.0241 is not a publisher or manufacturer for purposes of | ||
this section. | ||
SECTION 57. The heading to Section 31.152, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.152. ACCEPTING REBATE ON [ |
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SECTION 58. Sections 31.152(a), (b), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) A school trustee, administrator, or teacher commits an | ||
offense if that person receives any commission or rebate on any | ||
[ |
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technological equipment used in the schools with which the person | ||
is associated as a trustee, administrator, or teacher. | ||
(b) A school trustee, administrator, or teacher commits an | ||
offense if the person accepts a gift, favor, or service that: | ||
(1) is given to the person or the person's school; | ||
(2) might reasonably tend to influence a trustee, | ||
administrator, or teacher in the selection of [ |
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equipment; and | ||
(3) could not be lawfully purchased with state | ||
instructional materials funds [ |
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(d) In this section, "gift, favor, or service" does not | ||
include: | ||
(1) staff development, in-service, or teacher | ||
training; or | ||
(2) ancillary [ |
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or worksheets, that convey information to the student or otherwise | ||
contribute to the learning process. | ||
SECTION 59. The heading to Section 31.153, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS | ||
[ |
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SECTION 60. Section 31.153(a), Education Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
violates any law providing for the purchase or distribution of free | ||
instructional materials [ |
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SECTION 61. Chapter 32, Education Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. TECHNOLOGY LENDING PROGRAM GRANTS | ||
Sec. 32.201. ESTABLISHMENT OF PROGRAM. (a) The | ||
commissioner may establish a grant program under which grants are | ||
awarded to school districts and open-enrollment charter schools to | ||
implement a technology lending program to provide students access | ||
to equipment necessary to use electronic instructional materials. | ||
(b) A school district or an open-enrollment charter school | ||
may apply to the commissioner to participate in the grant program. | ||
In awarding grants under this subchapter for each school year, the | ||
commissioner shall consider: | ||
(1) the availability of existing equipment to students | ||
in the district or charter school; and | ||
(2) other funding available to the district or charter | ||
school. | ||
(c) The commissioner may determine the terms of a grant | ||
awarded under this section, including limits on the grant amount | ||
and approved uses of grant funds. | ||
(d) The commissioner may recover funds not used in | ||
accordance with the terms of a grant from any state funds otherwise | ||
due to the school district or open-enrollment charter school. | ||
Sec. 32.202. FUNDING. (a) The commissioner may set aside | ||
not more than five percent of the state instructional materials | ||
fund under Section 31.021 or a different amount determined by | ||
appropriation to administer a grant program established under this | ||
subchapter. | ||
(b) The cost of administering a grant program under this | ||
subchapter must be paid from funds provided under Subsection (a). | ||
Sec. 32.203. USE OF GRANT FUNDS. (a) A school district or | ||
open-enrollment charter school may use a grant awarded under | ||
Section 32.201 or other local funds to purchase, maintain, and | ||
insure equipment for a technology lending program. | ||
(b) Equipment purchased by a school district or | ||
open-enrollment charter school with a grant awarded under Section | ||
32.201 is the property of the district or charter school. | ||
SECTION 62. Section 39.023(c), Education Code, is amended | ||
to read as follows: | ||
(c) The agency shall also adopt end-of-course assessment | ||
instruments for secondary-level courses in Algebra I, Algebra II, | ||
geometry, biology, chemistry, physics, English I, English II, | ||
English III, world geography, world history, and United States | ||
history. The Algebra I, Algebra II, and geometry end-of-course | ||
assessment instruments must be administered with the aid of | ||
technology. A school district shall comply with State Board of | ||
Education rules regarding administration of the assessment | ||
instruments listed in this subsection. A district [ |
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a policy addressing whether [ |
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on an end-of-course assessment instrument for a course listed in | ||
this subsection in which the student is enrolled will be used by the | ||
district in determining [ |
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student's final grade for the course and, if so, the manner in which | ||
the student's performance on an end-of-course assessment | ||
instrument will be used in determining the student's final grade | ||
for the course. If a student retakes an end-of-course assessment | ||
instrument for a course listed in this subsection, as provided by | ||
Section 39.025, a [ |
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district policy concerning whether [ |
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so, the manner in which to use the student's performance on the | ||
subsequent administration or administrations of the assessment | ||
instrument in determining [ |
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for the course. If a student is in a special education program | ||
under Subchapter A, Chapter 29, the student's admission, review, | ||
and dismissal committee shall determine whether any allowable | ||
modification is necessary in administering to the student an | ||
assessment instrument required under this subsection. The State | ||
Board of Education shall administer the assessment instruments. | ||
The State Board of Education shall adopt a schedule for the | ||
administration of end-of-course assessment instruments that | ||
complies with the requirements of Subsection (c-3). | ||
SECTION 63. Subchapter B, Chapter 39, Education Code, is | ||
amended by adding Section 39.0236 to read as follows: | ||
Sec. 39.0236. REDUCED ASSESSMENT REQUIREMENTS PILOT | ||
PROGRAM. (a) In this section, "pilot program" means the reduced | ||
assessment requirements pilot program established under this | ||
section. | ||
(b) The commissioner by rule shall establish a pilot program | ||
in which certain students in grades three through eight at a | ||
participating campus have reduced assessment requirements, as | ||
provided by this section. | ||
(c) A campus may apply to the commissioner to participate in | ||
the pilot program. | ||
(d) The commissioner shall select at least 20 campuses to | ||
participate in the pilot program. In selecting campuses for | ||
participation in the pilot program, the commissioner shall ensure | ||
that, to the greatest extent practicable, the diverse demographic, | ||
geographic, socioeconomic, and academic characteristics found in | ||
this state are represented and that elementary and middle or junior | ||
high schools are represented. | ||
(e) Notwithstanding Section 39.023, a student attending a | ||
campus participating in the pilot program, other than a student | ||
administered assessment instruments under Section 39.023(b) or (l) | ||
or granted an exemption from administration of an assessment | ||
instrument under Section 39.027, shall be assessed using assessment | ||
instruments adopted or developed under Section 39.023(a) in: | ||
(1) mathematics: | ||
(A) in grades three and five without the aid of | ||
technology; and | ||
(B) in grade eight with the aid of technology on | ||
any assessment instrument that includes algebra; | ||
(2) reading, in grades three, five, and eight; | ||
(3) writing, including spelling and grammar, in grades | ||
four and seven; | ||
(4) social studies, in grade eight; and | ||
(5) science, in grades five and eight. | ||
(f) A student shall be assessed in grade four in mathematics | ||
or reading using an assessment instrument administered under | ||
Subsection (e) in grade three if, on the final assessment | ||
instrument in that subject administered to the student in grade | ||
three during the preceding school year, the student did not achieve | ||
a score determined through the analysis of previous years' testing | ||
data to predict with a high level of statistical confidence that a | ||
student will pass the following year. | ||
(g) A student shall be assessed in grade six in mathematics | ||
or reading using an assessment instrument administered under | ||
Subsection (e) in grade five if, on the final assessment instrument | ||
in that subject administered to the student in grade five during the | ||
preceding school year, the student did not achieve a score | ||
determined through the analysis of previous years' testing data to | ||
predict with a high level of statistical confidence that a student | ||
will pass the following year. | ||
(h) A student shall be assessed in grade seven in | ||
mathematics or reading using an assessment instrument administered | ||
under Subsection (g) in grade six if, on the final assessment | ||
instrument in that subject administered to the student in grade six | ||
during the preceding school year, the student did not achieve a | ||
score determined through the analysis of previous years' testing | ||
data to predict with a high level of statistical confidence that a | ||
student will pass the following year. | ||
(i) A participating campus may, for its own use in | ||
determining whether students are performing at a satisfactory | ||
level, administer to a student at the appropriate grade level, | ||
other than a student required to be assessed under this section, an | ||
assessment instrument. At the request of a participating campus, | ||
the agency shall provide, allow for the administration of, and | ||
score each assessment instrument administered under this | ||
subsection in the same manner and at the same cost as for assessment | ||
instruments required to be administered under the applicable | ||
subsection. The results of an assessment instrument administered | ||
under this subsection may not be included as an indicator of student | ||
achievement under Section 39.054 or any other provision. | ||
(j) If there is a conflict between this section and federal | ||
law as a result of forgoing under this section certain | ||
administration of assessment instruments to students who have | ||
recently performed successfully on assessment instruments | ||
assessing the same subject, the commissioner shall seek a waiver | ||
from the application of conflicting federal law for a campus | ||
participating in the pilot program. | ||
(k) The commissioner shall adopt rules as necessary to | ||
administer this section. | ||
(l) The commissioner shall conduct a study to determine | ||
whether the pilot program has been successful. The study must | ||
compare the achievements in mathematics and reading of students at | ||
participating and nonparticipating campuses in similar geographic | ||
areas that have students of similar demographic, socioeconomic, and | ||
academic characteristics. The study must evaluate the differences | ||
between mathematics and reading performance of students at campuses | ||
participating in the pilot program and those in matched | ||
nonparticipating campuses. Not later than September 1, 2014, the | ||
commissioner shall submit the results of the study to the | ||
legislature. | ||
(m) The commissioner by rule shall establish the pilot | ||
program for the 2012-2013 and 2013-2014 school years. | ||
(n) This section expires December 31, 2014. | ||
SECTION 64. Section 39.025, Education Code, is amended by | ||
amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), (e), | ||
(f), and (g) and adding Subsections (a-4) and (a-5) to read as | ||
follows: | ||
(a) The commissioner shall adopt rules requiring a student | ||
participating in the recommended or advanced high school program to | ||
be administered each end-of-course assessment instrument listed in | ||
Section 39.023(c) and requiring a student participating in the | ||
minimum high school program to be administered an end-of-course | ||
assessment instrument listed in Section 39.023(c) only for a course | ||
in which the student is enrolled and for which an end-of-course | ||
assessment instrument is administered. [ |
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(a-1) The commissioner by rule shall determine a method by | ||
which a student's satisfactory performance on an advanced placement | ||
test, international baccalaureate examination, an SAT Subject | ||
Test, or another assessment instrument determined by the | ||
commissioner to be at least as rigorous as an end-of-course | ||
assessment instrument adopted under Section 39.023(c) may be used | ||
as a factor in determining whether the student satisfies the | ||
requirements of Subsection (a) and Subsection (a-2), (a-3), or | ||
(a-4), as applicable to the student[ |
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may determine a method by which a student's satisfactory | ||
performance on a Preliminary Scholastic Assessment Test (PSAT) | ||
assessment or a preliminary American College Test (ACT) assessment | ||
may be used as a factor in determining whether the student satisfies | ||
the requirements of Subsection (a) and Subsection (a-2), (a-3), or | ||
(a-4), as applicable to the student. | ||
(a-2) To graduate under the recommended high school program | ||
[ |
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determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(1) English III; | ||
(2) [ |
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(3) biology, chemistry, or physics; and | ||
(4) world geography, world history, or United States | ||
history [ |
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(a-3) To graduate under the advanced high school program [ |
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(1) achieve a score that meets or exceeds the score | ||
determined by the commissioner under Section 39.0241(a-1) on | ||
end-of-course assessment instruments for the following: | ||
(A) English III; and | ||
(B) Algebra II; and | ||
(2) achieve a score that meets or exceeds the score | ||
determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(A) biology, chemistry, or physics; and | ||
(B) world geography, world history, or United | ||
States history [ |
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(a-4) To graduate under the minimum high school program, a | ||
student must achieve a score that meets or exceeds the score | ||
determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(1) English III; | ||
(2) Algebra I; | ||
(3) biology, chemistry, or physics; and | ||
(4) world geography, world history, or United States | ||
history. | ||
(a-5) The admission, review, and dismissal committee of a | ||
student in a special education program under Subchapter A, Chapter | ||
29, shall determine whether, to receive a high school diploma, the | ||
student is required to achieve satisfactory performance on | ||
end-of-course assessment instruments. | ||
(b) Each time an end-of-course assessment instrument is | ||
administered, a student who failed to achieve the [ |
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requirement under this section may [ |
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the assessment instrument. A student who fails to perform | ||
satisfactorily on an Algebra II or English III end-of-course | ||
assessment instrument under the college readiness performance | ||
standard, as provided under Section 39.024(b), may retake the | ||
assessment instrument. [ |
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not required to retake a course as a condition of retaking an | ||
end-of-course assessment instrument. | ||
(b-2) If a school district determines that a student, on | ||
completion of grade 11, is unlikely to achieve the [ |
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score requirement under this section [ |
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end-of-course assessment instruments as necessary [ |
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the district shall require the student to enroll in a corresponding | ||
content-area college preparatory course for which an end-of-course | ||
assessment instrument has been adopted, if available. A student | ||
who enrolls in a college preparatory course described by this | ||
subsection shall be administered an end-of-course assessment | ||
instrument for the course, with the end-of-course assessment | ||
instrument scored on a scale as determined by the commissioner [ |
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the student's score on the end-of-course assessment instrument for | ||
the college preparatory course towards satisfying the [ |
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score requirement under this section [ |
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(e) The commissioner shall establish a required performance | ||
level for an assessment instrument adopted under Subsection (d) | ||
that is at least as rigorous as the performance level required to be | ||
met under Subsection (a-2), (a-3), or (a-4), as applicable to the | ||
student [ |
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(f) The commissioner shall by rule adopt a transition plan | ||
to implement the amendments made by Chapter 1312 (S.B. No. 1031), | ||
Acts of the 80th Legislature, Regular Session, 2007, replacing | ||
general subject assessment instruments administered at the high | ||
school level with end-of-course assessment instruments. The rules | ||
must provide for the end-of-course assessment instruments adopted | ||
under Section 39.023(c) to be administered beginning with students | ||
entering the ninth grade during the 2011-2012 school year. During | ||
the period under which the transition to end-of-course assessment | ||
instruments is made: | ||
(1) for students entering a grade above the ninth | ||
grade during the 2011-2012 school year and to the extent necessary | ||
for purposes of Subdivisions (5) and (6), the commissioner shall | ||
retain, administer, and use for purposes of accreditation and other | ||
campus and district accountability measures under this chapter the | ||
assessment instruments required by Section 39.023(a) or (c), as | ||
that section existed before amendment by Chapter 1312 (S.B. No. | ||
1031), Acts of the 80th Legislature, Regular Session, 2007; | ||
(2) a student subject to Subdivision (1) may not | ||
receive a high school diploma unless the student has performed | ||
satisfactorily on each required assessment instrument administered | ||
under Section 39.023(c) as that section existed before amendment by | ||
Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular | ||
Session, 2007; [ |
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(3) the agency may defer releasing assessment | ||
instrument questions and answer keys as required by Section | ||
39.023(e) to the extent necessary to develop additional assessment | ||
instruments; | ||
(4) a student entering ninth grade during the | ||
2011-2012 or 2012-2013 school year shall be administered each | ||
end-of-course assessment instrument listed in Section 39.023(c) | ||
for a course in which the student is enrolled and for which an | ||
end-of-course assessment instrument is administered; | ||
(5) a student subject to Subdivision (4) may not | ||
receive a high school diploma under the recommended high school | ||
program unless the student: | ||
(A) achieves a score that meets or exceeds the | ||
score determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(i) English III; | ||
(ii) Algebra II; | ||
(iii) biology, chemistry, or physics; and | ||
(iv) world geography, world history, or | ||
United States history; or | ||
(B) has performed satisfactorily on each | ||
required assessment instrument administered under Section | ||
39.023(c), as that section existed before amendment by Chapter 1312 | ||
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session, | ||
2007; | ||
(6) a student subject to Subdivision (4) may not | ||
receive a high school diploma under the minimum high school program | ||
unless the student: | ||
(A) achieves a score that meets or exceeds the | ||
score determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(i) English III; | ||
(ii) Algebra I; | ||
(iii) biology, chemistry, or physics; and | ||
(iv) world geography, world history, or | ||
United States history; or | ||
(B) has performed satisfactorily on each | ||
required assessment instrument administered under Section | ||
39.023(c), as that section existed before amendment by Chapter 1312 | ||
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session, | ||
2007; and | ||
(7) a student entering ninth grade during the | ||
2013-2014 school year or a later school year may not receive a high | ||
school diploma unless the student has satisfied the requirements of | ||
Subsection (a) and Subsection (a-2), (a-3), or (a-4), as applicable | ||
to the student. | ||
(g) Rules adopted under Subsection (f) must require that | ||
each student who will be subject to the requirements of Subsection | ||
(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the | ||
specific requirements applicable to the student. Notice under this | ||
subsection must be provided not later than the date the student | ||
enters the eighth grade. For a student who entered eighth grade in | ||
the 2010-2011 school year, notice under this subsection must also | ||
be provided not later than the date the student enters the ninth | ||
grade to inform the student of modifications in the requirements | ||
applicable to the student. Subsection (f) and this subsection | ||
expire September 1, 2017 [ |
||
SECTION 65. Section 39.303(b), Education Code, is amended | ||
to read as follows: | ||
(b) For a student who failed to perform satisfactorily as | ||
determined under either performance standard under Section 39.0241 | ||
on an assessment instrument administered under Section 39.023(a), | ||
(c), or (l), the school district shall include in the notice | ||
specific information relating to access to [ |
||
resources at the appropriate assessment instrument content level, | ||
including [ |
||
|
||
Section 39.023(e). | ||
SECTION 66. Section 41.124(c), Education Code, as effective | ||
September 1, 2011, is amended to read as follows: | ||
(c) A school district that receives tuition for a student | ||
from a school district with a wealth per student that exceeds the | ||
equalized wealth level may not claim attendance for that student | ||
for purposes of Chapters 42 and 46 and the instructional materials | ||
[ |
||
SECTION 67. Section 43.001(b), Education Code, as amended | ||
by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of the 78th | ||
Legislature, Regular Session, 2003, is reenacted to read as | ||
follows: | ||
(b) The available school fund, which shall be apportioned | ||
annually to each county according to its scholastic population, | ||
consists of: | ||
(1) the distributions to the fund from the permanent | ||
school fund as provided by Section 5(a), Article VII, Texas | ||
Constitution; | ||
(2) one-fourth of all revenue derived from all state | ||
occupation taxes, exclusive of delinquencies and cost of | ||
collection; | ||
(3) one-fourth of revenue derived from state gasoline | ||
and special fuels excise taxes as provided by law; and | ||
(4) all other appropriations to the available school | ||
fund made by the legislature for public school purposes. | ||
SECTION 68. Section 43.001, Education Code, is amended by | ||
adding Subsections (d) through (g) to read as follows: | ||
(d) Each year the State Board of Education shall set aside | ||
an amount equal to 50 percent of the annual distribution for that | ||
year from the permanent school fund to the available school fund as | ||
provided by Section 5(a), Article VII, Texas Constitution, to be | ||
placed, subject to the General Appropriations Act, in the state | ||
instructional materials fund established under Section 31.021. | ||
(e) Subsection (d) applies beginning with the state fiscal | ||
biennium beginning September 1, 2013. For the state fiscal | ||
biennium beginning September 1, 2011, each year the State Board of | ||
Education shall set aside an amount equal to 40 percent of the | ||
annual distribution for that year from the permanent school fund to | ||
the available school fund as provided by Section 5(a), Article VII, | ||
Texas Constitution, to be placed, subject to the General | ||
Appropriations Act, in the state instructional materials fund | ||
established under Section 31.021. | ||
(f) In calculating the amounts to be set aside as provided | ||
by Subsection (e) for the state fiscal biennium beginning September | ||
1, 2011, the State Board of Education shall consider only the | ||
amounts of the annual distribution of the permanent school fund for | ||
that biennium. The board shall not consider amounts distributed | ||
for the state fiscal biennium beginning September 1, 2009, | ||
regardless of the date on which those amounts were approved for | ||
distribution. | ||
(g) Subsections (e) and (f) and this subsection expire | ||
September 1, 2013. | ||
SECTION 69. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 31.002(3); | ||
(2) Sections 31.021(b), (e), and (f); | ||
(3) Section 31.0222; | ||
(4) Section 31.025; | ||
(5) Sections 31.035(e) and (g); | ||
(6) Section 31.072(c); | ||
(7) Sections 31.073(a) and (b); | ||
(8) Sections 31.101(b), (b-1), (c), and (c-1); | ||
(9) Section 31.1011; | ||
(10) Sections 31.103(a) and (e); | ||
(11) Section 31.1031; | ||
(12) Subchapter E, Chapter 31; | ||
(13) Section 32.005; | ||
(14) Sections 32.251 through 32.257; | ||
(15) Sections 32.259 through 32.263; and | ||
(16) Subchapter H, Chapter 32. | ||
SECTION 70. Sections 2175.128(a-1) and (b-1), Government | ||
Code, are repealed. | ||
SECTION 71. The change in law made by this Act to Section | ||
7.108, Education Code, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
SECTION 72. This Act takes effect September 1, 2011, if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for effect on that | ||
date, this Act takes effect on the 91st day after the last day of the | ||
legislative session. |