BILL ANALYSIS
By: Grusendorf
Public Education Reform, Select
Committee Report (Substituted)
BACKGROUND AND PURPOSE
With the 20th century now behind us, the state of Texas needs to create a public educational system to prepare its students to function and compete in the 21st century workplace. Instructional delivery has been vastly unchanged for decades and Texas' adoption and purchase process for textbooks has not been updated to keep up with the technological society in which we live.
CSHB 62 is designed to transition from the current system to a modernized approach that will encourage greater use of instructional technology and allow for more current and accurate instructional materials to make it into our classrooms in a more timely manner.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the State Board of Education in SECTION 21, SECTION 24, and SECTION 27 and to the Commissioner of Education in SECTION 37, SECTION 38, SECTION 41, and SECTION 46 of this bill.
ANALYSIS
CSHB 62 requires the Texas Education Agency (TEA) to review state and federally funded grant programs and incentives designed to improve academic performance to determine which funds may be used to enhance or expand the use of technology in public schools. The agency is to submit a report to the legislature that includes the findings of their review and promising practices for current grant programs that leverage technology.
"Instructional materials" replaces the use of the words "textbook" and "book" in various places throughout the Education Code and definitions are set forth. The substitute creates a five-year cycle for reviewing the essential knowledge and skills of each subject or the required curriculum and establishes legislative intent to align the curriculum with instructional materials and assessments. The SBOE may not modify the curriculum in a manner intended to benefit specific publishers of instructional materials or other vendors of educational products or technology. The substitute states that free instructional materials selected for use in public schools meets the state's constitutional obligation. The State Instructional Materials Fund will be used to finance the instructional materials and technology allotment created by this legislation.
A publisher may submit instructional materials to the State Board of Education (SBOE) for approval. The SBOE is to adopt rules authorizing the imposition of an administrative penalty against publishers who knowingly fail to correct factual errors as designated by this legislation. The SBOE shall meet biannually to approve instructional materials and must approve or reject each submitted instructional material. The Department of Information Resources (DIR) may execute a contract for the purchase or licensing of approved instructional materials. The Commissioner of Education, with the assistance of DIR, SBOE, and the Office of the Attorney General, will develop model contracts for the purchase or licensing of the material.
Publishers are to provide information to public schools describing the publisher's approved instructional materials. Special instructional materials may be provided for blind and visually impaired students and teachers. Publishers of approved printed instructional materials are to provide a computerized file for the production of Braille instructional materials. The SBOE shall require electronic instructional materials submitted for approval to meet established federal standards. Additionally, SBOE shall approve instructional materials for bilingual education classes. The bill ensures that used instructional materials sold to public schools are not sample copies that contain factual errors. Approved electronic instructional materials may be offered to school districts annually on a subscription bases. Publishers of approved instructional materials may update those materials, following an expedited review process as provided by contract.
School districts are to select the instructional materials to be used by their districts and use designated funds to purchase those materials as set forth. School districts are to annually certify to TEA that for each subject in the required curriculum and each grade level, the district has provided each student with instructional materials are aligned with the essential knowledge and skills for that subject and grade level. The substitute governs the distribution, handling, sale, exchange, or loan of instructional materials. School districts may use local funds to purchase instructional materials. The substitute also lays out the duties of publishers of instructional materials.
CSHB 62 provides for the appointment of an advisory committee for instructional technology and implementation to assist the agency.
Each school district is entitled to a designated allotment for each student in ADA to be used for instructional materials and technology. The substitute provides for school districts to use designated funds for targeted instructional technology programs as described. The Legislative Budget Board will conduct a study of targeted instructional technology programs and will conduct a performance evaluation of such programs jointly with the commissioner. The commissioner has the ability to make instructional materials available through public broadcasting stations for the purpose of instruction and professional development. The substitute establishes instructional technology grants as designated. The agency shall expand the technology immersion pilot program as set forth by this legislation. To the extent practicable and appropriate, TEA shall provide for and require school districts to administer computer-adaptive assessment instruments. Additionally, the legislation requires computer-adaptive assessment tools as described in the substitute. A public school may purchase instructional materials under a blanket purchase order executed by DIR. Other sections of the Education Code are changed or repealed in order to conform with the provisions in this legislation.
Funds are appropriated for the purchase of public school textbooks for those grade levels specified by SBOE Proclamation 2002 from the state instructional materials fund as designated. Funds are also appropriated from the state instructional materials fund for the instructional materials and technology allotment. Federal funds are appropriated for the expansion of the technology immersion pilot program. Contingent on the availability of funds appropriated to or in the control of the General Land Office, funds are appropriated to TEA for the provision of technology grants as described.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect on the 91st day after the last day of the legislative session.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute differs from the original bill by creating a five-year cycle for reviewing the required curriculum and establishes legislative intent to align the curriculum with instructional materials and assessments. The word "instructional" is added to the advisory committee, the targeted technology programs, and the technology grants. The substitute differs from the original bill by adding computer-adaptive assessment tools as described in the bill. The substitute differs by requiring that the funds appropriated for Proclamation 2002 and the instructional materials and technology allotment should come from the state instructional materials fund rather than the general revenue fund. The substitute differs from the original by clarifying that the money appropriated for the expansion of the technology immersion pilot program should be appropriated from federal funds. The substitute differs from the original by increasing the amount of money for the technology grants from $60 million to $65 million. The substitute makes other technical and conforming changes.