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Senate Bill 6 (1st C.S.) |
Senate Author: Shapiro |
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Effective: 7-19-11 |
House Sponsor: Eissler et al. |
Senate Bill 6 amends the Education Code to replace the state textbook fund with a newly created state instructional materials fund and to set out ways in which money in the new fund must be used. The bill requires the State Board of Education (SBOE) each year to 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 to be placed in the fund, beginning with the state fiscal biennium beginning September 1, 2013, and requires the SBOE to set aside 40 percent of the yearly annual distribution in the 2012-2013 biennium for placement in the fund. The bill eliminates funds accruing from the state's sale of disused textbooks as a component of the fund.
Senate Bill 6 establishes an instructional materials allotment to which a school district, charter school, and juvenile justice alternative education program (JJAEP) are entitled. The allotment amount per student each year for a school district and charter school is based on the amount of money available in the state instructional materials fund to fund the allotment, while the allotment amount for a JJAEP is determined by the commissioner of education. The bill sets out the authorized and required uses of allotment funds and provides for adjustments to the student enrollment count used to determine a school district's or charter school's entitlement to allotment funds based on student population growth or decline. The bill establishes the commissioner's rulemaking authority with regard to the allotment.
Senate Bill 6 authorizes the commissioner to establish a temporary grant program under which grants are awarded to school districts and charter schools to implement a technology lending program to loan students equipment necessary to access and use electronic instruction materials. The bill specifies the factors the commissioner must consider in awarding grants, limits the amount from the state instructional materials fund that the commissioner may use on the grant program, sets out the authorized uses of grant funds, and provides for a review of the program. The program expires September 1, 2015.
Senate Bill 6 removes economics with emphasis on the free enterprise system and its benefits as a subject under the enrichment curriculum and includes it as a component of social studies under the foundation curriculum. The bill prohibits a school district from charging a student for instructional material or technological equipment purchased by the district with the district's instructional materials allotment.
Senate Bill 6 specifies the materials that a school district or charter school is authorized to consider in determining whether each student has instructional materials that cover all elements of the essential knowledge and skills as required by law. The bill authorizes the SBOE, if the commissioner places material on the commissioner's adopted list of electronic instructional material and material that conveys certain information to students, to require the commissioner to remove the material from the list not later than the 90th day after placement. The bill removes the requirement that the removal of an electronic textbook or instructional material from the commissioner's adopted list be recommended by a panel of recognized experts in the subject area of the electronic textbook or instructional material and experts in education technology.
Senate Bill 6 transfers the authority to purchase special instructional materials for the education of blind and visually impaired students in public schools from the SBOE to the commissioner. The bill transfers the authority to purchase or otherwise acquire instructional materials for use in bilingual education classes from the SBOE to each school district and specifies that such a purchase is to be made with the district's instructional materials allotment. The bill requires the commissioner to adopt rules regarding the purchase of such instructional materials.
Senate Bill 6 requires the commissioner to maintain an online requisition system for school districts to requisition instructional materials to be purchased with the district's instructional materials allotment.
Senate Bill 6 authorizes a school district board of trustees or a charter school's governing body to sell printed instructional material on the date the instructional material is discontinued for use in the public schools by the SBOE or the commissioner and authorizes the board or governing body to sell electronic instructional materials and technological equipment owned by the district or school. The bill authorizes a district board or governing body of a charter school to dispose of printed instructional material before the date the instructional material is discontinued under certain conditions. The bill sets out requirements for the sale of instructional materials or equipment.
Previous law required a publisher or manufacturer of instructional materials to deliver instructional materials to a district or charter school or to maintain a depository in Texas or arrange with a depository in Texas to receive and fill orders. Senate Bill 6 removes the depository option and removes the condition that the delivery of instructional materials by a publisher or manufacturer be made without a delivery charge to the district, school, or state.
Senate Bill 6 combines the conforming and nonconforming lists of instructional materials required to be adopted by the SBOE into a single list that includes each instructional material submitted for each subject and grade level that meets applicable physical specifications adopted by the SBOE and contains material covering at least half of the elements of the essential knowledge and skills of the subject and grade level in the student version of the instructional material, as well as in the teacher version, as determined and adopted by the SBOE. The bill requires the SBOE to 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 bill authorizes the SBOE to review open-source instructional material not later than the 90th day after the date the material is submitted for adoption and requires the SBOE to post with the list of adopted instructional materials the SBOE's comments regarding the open-source instructional material placed on the list and to distribute the comments to school districts.
Senate Bill 6 clarifies that the SBOE, in adopting a review and adoption cycle for instructional materials, is not required to review and adopt instructional materials for all grade levels in a single year and requires the SBOE to give priority to the instructional materials of certain subjects. The bill changes the maximum portion of the instructional materials for subjects in the foundation curriculum under review by the SBOE; lengthens the frequency by which SBOE rules must provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum; and changes the deadline by which the SBOE is required to publish notice of the review and adoption cycle for instructional materials.
Among others, Senate Bill 6 repeals provisions relating to textbook credits and requisitions, the $30 technology allotment, and the education Internet portal.