79S20547 ESH-D
By: Grusendorf, Pitts H.B. No. 62
Substitute the following for H.B. No. 62:
By: Delisi C.S.H.B. No. 62
A BILL TO BE ENTITLED
AN ACT
relating to public school instructional materials and
instructional technology; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.030 to read as follows:
Sec. 7.030. REVIEW OF STATE-FUNDED AND FEDERALLY FUNDED
GRANT PROGRAMS. (a) The agency shall conduct a review of
state-funded and federally funded grant programs and incentives
designed to improve student academic performance and shall actively
determine the full extent to which funds awarded under those
programs may be used to enhance or expand the use of technology in
public schools. For purposes of removing barriers to and
encouraging the use of technology in public schools, the
commissioner may, as appropriate, issue a waiver to one or more
schools.
(b) Not later than December 1, 2006, the agency shall submit
a report regarding the findings of the review conducted under this
section to the legislature. The report must include a summary of
promising practices for current grant programs that leverage
technology. This section expires January 15, 2007.
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
[textbooks] under Chapter 31.
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
39.131 or 39.132 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, and G, 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) [textbook] selection of instructional materials
under Chapter 31.
SECTION 4. Section 7.102(c)(23), Education Code, is amended
to read as follows:
(23) The board shall approve [adopt] and purchase or
license instructional materials [textbooks] as provided by Chapter
31 and 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 [textbooks] or otherwise connected with
the instructional material [textbook] business commits an offense
if the person makes or 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.
[(2) "Textbook" has the meaning assigned by Section
31.002.]
SECTION 6. The heading to Section 7.112, Education Code, is
amended to read as follows:
Sec. 7.112. REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
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 [textbook]
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 [a textbook]
published by that [textbook] publisher; or
(2) appear at a meeting of the board of trustees on
behalf of the [textbook] publisher.
SECTION 8. Section 7.112(c)(2), Education Code, is amended
to read as follows:
(2) "Instructional material" and "publisher"
["Publisher" and "textbook"] have the meanings assigned by Section
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 [textbooks], workbooks,
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 [books] required to be used for
any educational course or program, other than fines for lost,
damaged, or overdue materials [books];
(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 [textbook] report on instructional materials;
(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 [textbook] program under Chapter 31.
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 [textbooks], and other teaching aids used in the
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
public school [district or open-enrollment charter school] the
student attends allow the student to take home any instructional
materials [textbook] used by the student. Subject to the
availability of the instructional materials [a textbook], the
[district or] school shall honor the request. A student who takes
home instructional materials [a textbook] must return the
instructional materials [textbook] to school at the beginning of
the next school day if requested to do so by the student's teacher.
In this subsection, "instructional material" ["textbook"] has the
meaning assigned by Section 31.002.
SECTION 13. Sections 28.002(c) and (h), Education Code, are
amended to read as follows:
(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 [textbooks] under
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 [textbooks]. A primary purpose of the
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.
SECTION 14. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0022 to read as follows:
Sec. 28.0022. CURRICULUM REVIEW; ALIGNMENT WITH
INSTRUCTIONAL MATERIALS AND ASSESSMENT PROGRAM. (a) The State
Board of Education shall adopt a five-year cycle for reviewing the
essential knowledge and skills of each subject of the required
curriculum under Section 28.002.
(b) The State Board of Education may not modify the
curriculum in a manner intended to benefit:
(1) a specific publisher of instructional materials,
as those terms are defined by Section 31.002; or
(2) another vendor of educational products or
technology.
(c) It is the intent of the legislature that the State Board
of Education continue to align instructional materials approved
under Chapter 31 with the required curriculum. The agency shall
develop the state assessment program under Subchapter B, Chapter
39, in alignment with the required curriculum.
SECTION 15. The heading to Chapter 31, Education Code, is
amended to read as follows:
CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
SECTION 16. Section 31.001, Education Code, is amended to
read as follows:
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
Instructional materials [Textbooks] selected for use in the public
schools shall be furnished without cost to the students attending
those schools in accordance with Section 3(b), Article VII, Texas
Constitution.
SECTION 17. Sections 31.002(1), (2), and (4), Education
Code, are amended to read as follows:
(1) "Instructional material" ["Electronic textbook"]
means 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, supplementary materials, computer
software, [interactive videodisc,] magnetic media, DVD, CD-ROM,
computer 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.
(2) "Publisher" means a person who prepares
instructional materials for sale or distribution to educational
institutions. The term includes an on-line service or a developer
or distributor of [an] electronic instructional materials
[textbook].
(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 [an] electronic
instructional materials [textbook]; or
(B) professional use by a classroom teacher.
SECTION 18. Section 31.003, Education Code, is amended to
read as follows:
Sec. 31.003. RULES. The State Board of Education shall
[may] adopt rules, consistent with this chapter, for the approval
[adoption], requisition, distribution, care, use, and disposal of
instructional materials [textbooks].
SECTION 19. The heading to Subchapter B, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B. STATE APPROVAL
[FUNDING, ADOPTION, AND PURCHASE]
SECTION 20. Section 31.021, Education Code, as amended by
S.B. No. 151, Acts of the 79th Legislature, Regular Session, 2005,
is amended to read as follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
FUND. (a) The state instructional materials [textbook] fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, computed in accordance with this
section; and
(2) [all funds accruing from the state's sale of
disused textbooks; and
[(3)] all amounts lawfully paid into the fund from any
other source.
(b) The State Board of Education shall annually set aside
out of the available school fund of the state an amount sufficient
for the instructional materials allotment to provide public [board,
school districts, and open-enrollment charter] schools with the
funds required to purchase and distribute the necessary
instructional materials [textbooks] for the use of the students of
this state for the following school year. The board shall determine
the amount of the available school fund to set aside for the state
instructional materials [textbook] fund based on the amount of the
instructional materials and technology allotment under Section
32.005(a).[:
[(1) a report by the commissioner issued on July 1 or,
if that date is a Saturday or Sunday, on the following Monday,
stating the amount of unobligated money in the fund;
[(2) the commissioner's estimate, based on textbooks
selected under Section 31.101 and on attendance reports submitted
under Section 31.103 by school districts and open-enrollment
charter schools, of the amount of funds, in addition to funds
reported under Subdivision (1), that will be necessary for purchase
and distribution of textbooks for the following school year; and
[(3) any amount the board determines should be set
aside for emergency purposes caused by unexpected increases in
attendance.]
(c) This subsection applies only if the pilot project
established under Section 54.2161 is implemented[, and expires
August 15, 2009]. In addition to the amount set aside under
Subsection (b), the State Board of Education shall annually set
aside out of the available school fund an amount sufficient for each
school district with one or more students entitled to free
textbooks under the pilot project established under Section 54.2161
to pay the costs of those textbooks as required by Section 31.031
for the following school year. The board shall determine the amount
of the available school fund to set aside for the state
instructional materials [textbook] fund for purposes of this
subsection based on the commissioner's estimate of the amount that
will be necessary to pay the costs of textbooks as required under
Section 31.031. This subsection expires August 31, 2006.
(d) Money transferred to the state instructional materials
[textbook] fund remains in the fund until spent and does not lapse
to the state at the end of the fiscal year.
[(e) All necessary expenses incurred under this chapter
shall be paid from the state textbook fund on invoices approved by
the commissioner.]
SECTION 21. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.0251, 31.0252, and 31.0253 to read as
follows:
Sec. 31.0251. SUBMISSION OF INSTRUCTIONAL MATERIALS;
REVIEW. (a) A publisher may at any time submit an instructional
material to the State Board of Education for approval. As part of a
submission, a publisher must include a statement that identifies in
writing the essential knowledge and skills for a subject and grade
level as determined by the board under Section 28.002 that the
instructional material covers.
(b) The board shall:
(1) review each instructional material submitted for
approval as provided by Section 31.0253;
(2) determine whether the instructional material
covers the essential knowledge and skills identified in the
submission; and
(3) identify the degree to which the instructional
material complies with the essential knowledge and skills.
Sec. 31.0252. CORRECTION OF FACTUAL ERRORS. (a) The State
Board of Education shall adopt rules authorizing the imposition of
an administrative penalty in the manner provided by Section 31.151
against a publisher who knowingly fails to promptly correct any
factual errors discovered by the board in the instructional
materials submitted by the publisher.
(b) In setting the amount of any penalty to be imposed under
this section, the board shall consider the stage of the
instructional materials review and approval process at which the
failure occurs and set progressively higher penalties for failures
that occur later in the process.
Sec. 31.0253. APPROVAL BY STATE BOARD OF EDUCATION. (a)
The State Board of Education shall meet biannually to approve
instructional materials submitted under Section 31.0251. The board
must approve or reject each submitted instructional material not
later than the second biannual meeting held for the purpose of
approving instructional materials under this section after the date
the instructional material was submitted.
(b) By majority vote, the board shall approve an
instructional material submitted under Section 31.0251 unless the
board determines, based on the board's own review, that the
instructional material does not contain the essential knowledge and
skills identified by the publisher in the submission. The board
shall identify the essential knowledge and skills for a subject and
grade level that an approved instructional material covers.
(c) Each approved instructional material must be free from
factual errors.
(d) For each subject and grade level, the board shall list
the approved instructional materials. The board shall
periodically:
(1) review each list of approved instructional
materials; and
(2) by majority vote, remove approved instructional
materials that the board determines no longer cover the essential
knowledge and skills.
SECTION 22. Sections 31.026-31.030, Education Code, are
amended to read as follows:
Sec. 31.026. CONTRACT[; PRICE]. (a) The Department of
Information Resources may [State Board of Education shall] execute
a contract[:
[(1)] for the purchase or licensing of each approved
instructional material. The commissioner, with the assistance of
the Department of Information Resources, the State Board of
Education, and the office of the attorney general, shall develop
model contracts that may be used by public schools for the purchase
or licensing of instructional materials under this chapter [adopted
textbook other than an electronic textbook; and
[(2) for the purchase or licensing of each adopted
electronic textbook].
(b) A contract for the purchase or licensing of
instructional materials must require the publisher to provide all
of the approved instructional materials [the number of textbooks]
required by public schools [school 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 materials [a textbook] at a
[specific] price determined through negotiation between the
publisher and the Department of Information Resources or the public
school, as applicable, that does [, 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) The Department of Information Resources shall execute a
blanket purchase order with the publisher of an approved
instructional material. A school district may requisition
instructional materials under the purchase order.
(e) The agency and the Department of Information Resources
shall enter into an interagency contract specifying each agency's
duties regarding the purchasing and licensing of instructional
materials.
(f) The contract may allow the publisher of an approved
instructional material to update the material as provided by
Section 31.033.
Sec. 31.027. INFORMATION TO PUBLIC SCHOOLS [SCHOOL
DISTRICTS]; SAMPLE COPIES. (a) A publisher shall provide each
public school [district and open-enrollment charter school] with
information that fully describes each of the publisher's approved
instructional materials. [adopted textbooks. On request of a
school district, a publisher shall provide a sample copy of an
adopted textbook.]
(b) A publisher shall provide at least two sample copies of
each approved instructional material [adopted textbook] to be
maintained at each regional education service center.
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The State Board of Education may provide for [purchase] special
instructional materials [textbooks] for the education of blind and
visually impaired students in public schools. In addition, for a
teacher who is blind or visually impaired, the board shall provide a
teacher's edition in Braille or large type, as requested by the
teacher, for each printed instructional material [textbook] the
teacher uses in the instruction of students. The printed teacher
edition must be available at the same time the printed student
instructional materials [textbooks] become available.
(b) The publisher of an approved printed instructional
material [adopted textbook] shall provide the agency with
computerized [textbook] files for the production of Braille
instructional materials [textbooks] or other versions of
instructional materials [textbooks] to be used by students with
disabilities, on request of the State Board of Education. A
publisher shall arrange the computerized [textbook] files in one of
several optional formats specified by the State Board of Education.
(c) The board shall require electronic instructional
materials submitted for approval under Section 31.0251 to comply
with the standards established under Section 508, Rehabilitation
Act of 1973 (29 U.S.C. Section 794d) [may also enter into agreements
providing for the acceptance, requisition, and distribution of
special textbooks and instructional aids 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 [print] in [a] regularly approved
instructional materials [adopted textbook] used in the student's
class.
(2) "Special instructional materials" [textbook"]
means instructional materials [a textbook] in Braille, large type
or any other medium or any apparatus that conveys information to a
student or otherwise contributes to the learning process.
Sec. 31.029. BILINGUAL INSTRUCTIONAL MATERIALS
[TEXTBOOKS]. The board shall approve instructional materials
[purchase or otherwise acquire textbooks] for use in bilingual
education classes.
Sec. 31.030. USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
State Board of Education shall adopt rules to ensure that used
instructional materials [textbooks] sold to public schools [school
districts and 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 [textbooks]
who knowingly violates this section.
SECTION 23. Section 31.031(b), Education Code, as added by
S.B. No. 151, Acts of the 79th Legislature, Regular Session, 2005,
is amended to read as follows:
(b) From the amount set aside by the State Board of
Education under Section 31.021(c) or allocated to a school district
under Section 32.005(c), the school district that a student
entitled to free textbooks under the pilot project established by
Section 54.2161 attends shall pay the costs of each textbook the
student requires for a course described by Section 54.2161(b)(2).
SECTION 24. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.032 and 31.033 to read as follows:
Sec. 31.032. SUBSCRIPTION-BASED ELECTRONIC INSTRUCTIONAL
MATERIALS. The publisher of an approved electronic instructional
material may offer the material to public schools on an annual
subscription basis.
Sec. 31.033. UPDATING INSTRUCTIONAL MATERIALS. The
publisher of an approved instructional material may, under the
terms of a contract under Section 31.026, update the instructional
material. The State Board of Education by rule shall provide for an
expedited review process to determine the extent to which an
updated instructional material:
(1) is aligned with the essential knowledge and skills
for the subject and grade level; and
(2) does not contain factual errors.
SECTION 25. Subchapter C, Chapter 31, Education Code, is
amended by adding Sections 31.1012 and 31.1013 to read as follows:
Sec. 31.1012. LOCAL SELECTION AND PURCHASE. (a) A school
district shall:
(1) select the instructional materials to be used by
the district; and
(2) using funds allotted under Section 32.005 or other
funds that may be used for the purpose, purchase those materials:
(A) directly from the publisher of the materials;
or
(B) through the Department of Information
Resources, if the materials have been approved by the State Board of
Education.
(b) A school district is not required to select
instructional materials that have been approved by the State Board
of Education under this chapter.
Sec. 31.1013. CERTIFICATION OF PROVISION OF INSTRUCTIONAL
MATERIALS. Each school district shall annually certify to the
agency that, for each subject in the required curriculum and each
grade level, the district provides each student with instructional
materials that are aligned with the essential knowledge and skills
adopted by the State Board of Education for that subject and grade
level.
SECTION 26. Section 31.102, Education Code, is amended to
read as follows:
Sec. 31.102. TITLE AND CUSTODY. (a) Each instructional
material [textbook] purchased as provided by this chapter is the
property of this state.
(b) Subsection (a) applies to an electronic instructional
material [textbook] only to the extent of any applicable licensing
agreement.
(c) The board of trustees of a school district [or the
governing body of an open-enrollment charter school] is the legal
custodian of instructional materials [textbooks] purchased as
provided by this chapter for the district [or school]. The board of
trustees shall distribute instructional materials [textbooks] to
students in the manner that the board [or governing body]
determines is most effective and economical.
SECTION 27. Sections 31.104-31.106, Education Code, are
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 [textbooks] in a manner consistent with
this chapter and rules adopted under this chapter.
(b) A school district [or open-enrollment charter school]
may order replacements for instructional materials [textbooks]
that have been lost or damaged directly from[:
[(1) the textbook depository; or
[(2)] the [textbook] publisher of the instructional
materials [or manufacturer if the textbook publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B)].
(c) Each instructional material [textbook] must state that
the instructional material [textbook] is the property of or is
licensed to this state, as appropriate. The board may require the
publisher of a textbook that must be returned by a student under
Subsection (d) to place a bar code with a unique identifying number
on the textbook. Each instructional material [textbook], other
than an electronic instructional material [textbook], must be
covered by the student under the direction of the teacher. A student
must return all instructional materials [textbooks] to the 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 each instructional material [textbook] not
returned by the student. A student who fails to return all
instructional materials [textbooks] forfeits the right to free
instructional materials [textbooks] until each instructional
material [textbook] previously issued but not returned is paid for
by the student, parent, or 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 [textbooks] at school during each school day. If an
instructional material [a textbook] is not returned 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.
(e) The board of trustees of a school district may not
require an employee of the district to pay for an instructional
material [a textbook] or instructional technology that is stolen,
misplaced, or not returned by a student.
Sec. 31.105. SALE, EXCHANGE, OR LOAN OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS]. (a) The board of trustees of a school
district [or governing body of an open-enrollment charter school]
may sell instructional materials [textbooks], other than
electronic instructional materials [textbooks], to a student or
another school at a [the state contract] price determined by board
rule. Money [The district shall send money] from the sale of
instructional materials may be used only to purchase items that may
be purchased lawfully using the allotment provided by Section
32.005.
(b) Subject to any applicable licensing agreement, the
board of trustees of a school district may:
(1) exchange instructional materials with another
school district; or
(2) loan instructional materials to another school
district [textbooks to the commissioner as required by the
commissioner. The commissioner shall deposit the money in the
state textbook fund].
Sec. 31.106. USE OF LOCAL FUNDS. A [In addition to any
textbook selected under this chapter, a] school district [or
open-enrollment charter school] may use local funds to purchase any
instructional materials [textbooks].
SECTION 28. The heading to Section 31.151, Education Code,
is amended to read as follows:
Sec. 31.151. DUTIES OF PUBLISHERS [AND MANUFACTURERS].
SECTION 29. Sections 31.151(a), (b), and (d), Education
Code, are amended to read as follows:
(a) A publisher [or manufacturer] of instructional
materials [textbooks]:
(1) shall furnish any instructional material
[textbook] the publisher [or manufacturer] offers in this state[,]
at a price that does not exceed the lowest price at which the
publisher offers that instructional material [textbook] for
adoption or sale to any state, public school, or school district in
the United States;
(2) shall automatically reduce the price of an
instructional material [a textbook] sold for use in a public school
[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
[textbook] or ancillary item free of charge in this state to the
same extent that the publisher [or manufacturer] provides the
instructional material [textbook] or ancillary item free of charge
to any state, public school, or school district in the United
States;
(4) shall guarantee that each copy of an instructional
material [a textbook] sold in this state is at least equal in
quality to copies of that instructional material [textbook] sold
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 [textbooks] or enter into any
understanding or combination to control prices or restrict
competition in the sale of instructional materials [textbooks] for
use in this state;
(6) shall[:
[(A) maintain a depository in this state or
arrange with a depository in this state to receive and fill orders
for textbooks, other than on-line textbooks or on-line textbook
components, consistent with State Board of Education rules; or
[(B)] deliver instructional materials
[textbooks] to a public school [district or open-enrollment charter
school] without a delivery charge to the school [district,
open-enrollment charter school,] or state[, if:
[(i) the publisher or manufacturer does not
maintain or arrange with a depository in this state under Paragraph
(A) and the publisher's or manufacturer's textbooks and related
products are warehoused or otherwise stored less than 300 miles
from a border of this state; or
[(ii) the textbooks are on-line textbooks
or on-line textbook components];
(7) shall, at the time an order for instructional
materials [textbooks] is acknowledged, provide to public [school
districts or open-enrollment charter] schools an accurate shipping
date for instructional materials [textbooks] that are
back-ordered;
(8) shall guarantee delivery of instructional
materials [textbooks] at least 10 business days before the opening
day of school of the year for which the instructional materials
[textbooks] are ordered if the instructional materials [textbooks]
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 [textbook] the
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.
(b) The State Board of Education may impose a reasonable
administrative penalty against a publisher [or manufacturer] who
knowingly violates Subsection (a). The board shall provide for a
hearing to be held to determine whether a penalty is to be imposed
and, if so, the amount of the penalty. The board shall base the
amount of the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(d) A penalty collected under this section shall be
deposited to the credit of the state instructional materials
[textbook] fund.
SECTION 30. The heading to Section 31.152, Education Code,
is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
SECTION 31. 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
instructional materials [textbooks] 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 instructional
materials [a textbook]; and
(3) could not be lawfully purchased with state
instructional materials funds [from the state textbook fund].
(d) In this section, "gift, favor, or service" does not
include:
(1) staff development, in-service, or teacher
training; or
(2) ancillary [instructional] materials, such as maps
or worksheets, that convey information to the student or otherwise
contribute to the learning process.
SECTION 32. The heading to Section 31.153, Education Code,
is amended to read as follows:
Sec. 31.153. VIOLATION OF FREE INSTRUCTIONAL MATERIALS
[TEXTBOOK] LAW.
SECTION 33. 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 [textbooks] for the public schools.
SECTION 34. Subchapter E, Chapter 31, Education Code, is
amended to read as follows:
SUBCHAPTER E. DISPOSITION OF
INSTRUCTIONAL MATERIALS [TEXTBOOKS]
Sec. 31.201. DISPOSITION OF INSTRUCTIONAL MATERIALS
[TEXTBOOKS]. (a) The commissioner, with the approval of the State
Board of Education, may provide for the disposition of:
(1) instructional materials [textbooks], other than
electronic instructional materials [textbooks], that are no longer
in acceptable condition to be used for instructional purposes; or
(2) discontinued instructional materials [textbooks],
other than electronic instructional materials [textbooks].
(b) The commissioner, as provided by rules adopted by the
State Board of Education, shall make available on request copies of
discontinued instructional materials [textbooks], other than
electronic instructional materials [textbooks], for use in
libraries maintained in municipal and county jails and facilities
of the institutional division of the Texas Department of Criminal
Justice and other state agencies.
(c) The State Board of Education shall adopt rules under
which a public school [district or open-enrollment charter school]
may donate discontinued instructional materials [textbooks], other
than electronic instructional materials [textbooks], to a student,
to an adult education program, or to a nonprofit organization.
SECTION 35. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.0011 to read as follows:
Sec. 32.0011. ADVISORY COMMITTEE FOR INSTRUCTIONAL
TECHNOLOGY AND IMPLEMENTATION. (a) An advisory committee for
instructional technology and implementation is created to assist
the agency and permit the agency to monitor changing technology in
business, industry, and education.
(b) Members of the advisory committee are appointed as
follows:
(1) the commissioner, in consultation with the
lieutenant governor, the speaker of the house of representatives,
and the presiding officers of the standing committees of the senate
and the house of representatives with jurisdiction over the agency,
shall appoint members from the business and education communities
and public members; and
(2) the State Board of Education may appoint one
member.
(c) The advisory committee is subject to Chapters 551 and
552, Government Code.
SECTION 36. Sections 32.002 and 32.003, Education Code, are
amended to read as follows:
Sec. 32.002. AUTHORITY OF PUBLIC SCHOOL [DISTRICT]. A
public school [district] is not required by this subchapter to
acquire or use technology that has been approved, selected, or
contracted for by the State Board of Education or the commissioner.
Sec. 32.003. AUTHORITY OF COMMISSIONER TO CONTRACT. The
commissioner may contract with developers of technology to supply
technology for use by public schools [school districts] throughout
this state.
SECTION 37. Effective September 1, 2006, Section 32.005,
Education Code, is amended to read as follows:
Sec. 32.005. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT. (a) Each school district is entitled to an allotment of
$100 [$30] for each student in average daily attendance or a
different amount for any year provided by appropriation.
(a-1) From the funds a school district receives under
Subsection (a), the district shall use an amount equal to $50 for
each student in average daily attendance to fund targeted
instructional technology programs under Section 32.006. A school
district shall use funds for targeted instructional technology
programs in a manner that allows each student and teacher assigned
to a targeted campus, grade level on a campus, or specific
educational program to benefit from a targeted instructional
technology program. The commissioner shall adopt rules concerning
the use of funds under this subsection. This subsection expires
August 31, 2007.
(b) An allotment under this section may be used only to:
(1) provide for the purchase by school districts of
instructional materials [electronic textbooks] or technological
equipment that contributes to student learning; and
(2) pay for training educational personnel directly
involved in student learning in the appropriate use of electronic
instructional materials [textbooks] and for providing for access to
technological equipment for instructional use.
(c) The allotment under this section may be paid from:
(1) the telecommunications infrastructure fund under
Subchapter C, Chapter 57, Utilities Code;
(2) the available school fund; [or]
(3) the state instructional materials fund under
Section 31.021; or
(4) any other fund that may be used for that purpose
and that is identified in the General Appropriations Act as the
source of payment of the allotment.
(d) This subsection applies only if the pilot project
established under Section 54.2161 is implemented. In addition to
amounts to which the district is entitled under Subsection (a), a
school district is entitled to an amount sufficient for the
district to pay the costs of textbooks for students participating
in the pilot project established under Section 54.2161. This
subsection expires August 15, 2009.
SECTION 38. Effective September 1, 2007, Section 32.005,
Education Code, is amended by amending Subsection (a) and adding
Subsection (a-1) to read as follows:
(a) Each school district is entitled to an allotment of $150
[$30] for each student in average daily attendance or a different
amount for any year provided by appropriation.
(a-1) From the funds a school district receives under
Subsection (a), the district shall use an amount equal to $60 for
each student in average daily attendance to fund targeted
instructional technology programs under Section 32.006. A school
district shall use funds for targeted instructional technology
programs in a manner that allows each student and teacher assigned
to a targeted campus, grade level on a campus, or specific
educational program to benefit from a targeted instructional
technology program. The commissioner shall adopt rules concerning
the use of funds under this subsection.
SECTION 39. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.006 to read as follows:
Sec. 32.006. TARGETED INSTRUCTIONAL TECHNOLOGY PROGRAMS.
(a) Each school district shall use funds designated for targeted
instructional technology programs under Section 32.005(a-1) in
accordance with this section and in a manner consistent with the
long-range plan developed by the State Board of Education under
Section 32.001 and the district's own technology plan. A school
district may use funds from other sources, including grants,
donations, and state and federal funds, to provide targeted
instructional technology programs.
(b) A targeted instructional technology program must
provide for each student and teacher at a targeted campus or grade
level on a targeted campus:
(1) the provision of:
(A) wireless electronic mobile computing devices
or other technology devices that convey instruction;
(B) productivity software and hardware,
including writing, computation, presentation, printing, and
communication tools;
(C) electronic learning software aligned with
the essential knowledge and skills adopted by the State Board of
Education under Section 28.002;
(D) library and other research tools;
(E) electronic assessment tools;
(F) electronic learning tools to improve
communications among students, teachers, school administrators,
parents, and the community; and
(G) classroom management systems;
(2) professional development for teachers to
integrate the tools and solutions described by Subdivision (1); or
(3) the provision of other infrastructure,
components, and technologies to support and enhance student
performance through individual instruction programs.
(c) The Legislative Budget Board shall:
(1) conduct a biennial study of the cost of school
district targeted instructional technology programs, including the
cost of implementing those programs on a statewide basis; and
(2) based on the results of the study required by
Subdivision (1), make recommendations to the legislature before the
beginning of each regular session of the legislature concerning
statewide implementation of targeted instructional technology
programs.
(d) Each biennium, the Legislative Budget Board and the
commissioner shall jointly conduct a performance evaluation of
school district targeted instructional technology programs.
SECTION 40. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.007 to read as follows:
Sec. 32.007. AGREEMENT WITH PUBLIC BROADCASTING STATION.
(a) The commissioner may enter into an agreement with a public
broadcasting station, or a consortium of public broadcasting
stations, under which the station or consortium will provide online
instructional content and educational materials.
(b) From funds appropriated to the agency, the commissioner
may, under an agreement entered into under Subsection (a), make
instructional materials available through public broadcasting
stations for purposes of instruction and professional development
and for use in providing adult-based education.
(c) An agreement entered into under Subsection (a) must, to
the extent practicable, provide access to instructional materials
and online content to persons located in all parts of this state.
(d) For purposes of providing high-quality online
instructional materials under this section, the commissioner may:
(1) use federal funds that may be used for those
purposes; or
(2) use unexpended balances of funds appropriated to
the agency for educational purposes, including adult education.
SECTION 41. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.008 to read as follows:
Sec. 32.008. INSTRUCTIONAL TECHNOLOGY GRANTS. (a) From
amounts appropriated for the purpose, the commissioner shall make
grants as provided by this section to school districts on behalf of
eligible campuses and to eligible open-enrollment charter schools.
A grant under this section must be in the amount of $300 for each
student enrolled at an eligible campus or eligible open-enrollment
charter school.
(b) To be eligible for a grant under this section, a public
school must:
(1) be identified by the agency as meeting the goals of
the long-range plan for technology under Section 32.001; and
(2) certify to the commissioner that the school will
commit to using, for a purpose specified by Subsection (c), other
funds available to the school in an amount equal to $50 for each
student enrolled at the school.
(c) A grant under this section may be used only to:
(1) provide for the purchase by public schools of:
(A) wireless electronic mobile computing devices
or other technology devices that convey instruction;
(B) productivity software and hardware,
including writing, computation, presentation, printing, and
communication tools;
(C) electronic learning software aligned with
the essential knowledge and skills adopted by the State Board of
Education under Section 28.002;
(D) library and other research tools;
(E) electronic assessment tools;
(F) electronic learning tools to improve
communications among students, teachers, school administrators,
parents, and the community; and
(G) classroom and school management systems;
(2) provide professional development for teachers to
integrate the tools and solutions described by Subdivision (1); and
(3) acquire other infrastructure, components, and
technologies necessary to support and enhance student performance.
(d) To receive a grant under this section, a school district
or open-enrollment charter school must apply in the time and manner
specified by commissioner rule. A grant under this section is for a
period of two school years and may be renewed as provided by
commissioner rule. The commissioner shall ensure that public
schools that are awarded grants under this section reflect the
demographic and geographic diversity of this state.
SECTION 42. The heading to Section 32.154, Education Code,
as added by Chapter 834, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 32.154. [DISTRICT OR] SCHOOL SELECTION.
SECTION 43. Section 32.154, Education Code, as added by
Chapter 834, Acts of the 78th Legislature, Regular Session, 2003,
is amended by adding Subsection (a-1) and amending Subsection (b)
to read as follows:
(a-1) In addition to school districts and schools selected
before September 1, 2005, for participation in the technology
immersion pilot project, the agency shall expand the program by
selecting for participation in the pilot project for the 2005-2006
and subsequent school years each high school to which a school
district regularly assigns students who were enrolled in grade
eight during the 2004-2005 school year at a district school
participating in the pilot project. The agency shall establish
criteria for expanding the pilot project under this subsection.
(b) Except as provided by Subsection (a-1), the [The] agency
shall select the participating [districts and] schools for the
pilot project based on each [district's or] school's need for the
pilot project. In selecting participants, the agency shall
consider the following criteria:
(1) whether the [district or] school has limited
access to educational resources that could be improved through the
use of wireless mobile computing devices and other technologies;
(2) whether the [district or] school has the following
problems and whether those problems can be mitigated through the
use of wireless mobile computing devices and other technologies:
(A) documented teacher shortages in critical
areas;
(B) limited access to advanced placement
courses;
(C) low rates of satisfactory performance on
assessment instruments under Subchapter B, Chapter 39; and
(D) high dropout rates;
(3) the [district's or] school's readiness to
incorporate technology into its classrooms;
(4) the possibility of obtaining a trained technology
support staff and high-speed Internet services for the [district
or] school; and
(5) the methods the [district or] school will use to
measure the progress of the pilot project in the [district or]
school in accordance with Section 32.155(e).
SECTION 44. Section 32.156, Education Code, as added by
Chapter 1216, Acts of the 78th Legislature, Regular Session, 2003,
is amended to read as follows:
Sec. 32.156. ON-LINE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The agency may develop and adopt strategies for making
instructional materials [textbooks] available through the portal
or through other means in an electronic format as an alternative or
supplement to traditional instructional materials [textbooks].
(b) In developing and adopting strategies under this
section, the agency shall seek to achieve a system under which a
student may, in addition to [a] traditional instructional materials
[textbook], be provided with secure Internet access to each
instructional material [textbook] used by the student.
SECTION 45. Section 32.161(b), Education Code, is amended
to read as follows:
(b) To the extent possible considering other statutory
requirements, the commissioner and agency shall encourage the use
of instructional materials [textbook funds] and technology
allotment funds under Section 32.005 [31.021(b)(2)] in a manner
that facilitates the development and use of the portal.
SECTION 46. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.0232 and 39.0233 to read as follows:
Sec. 39.0232. COMPUTER-ADAPTIVE ASSESSMENT. (a) To the
extent practicable and appropriate, the agency shall provide for
assessment instruments required under Section 39.023 to be designed
so that those assessment instruments can be computer-adaptive.
(b) To the extent practicable and appropriate, the agency
shall require school districts to administer to students the
computer-adaptive assessment instruments.
(c) The commissioner may adopt rules to implement this
section.
(d) As necessary to implement this section, the
commissioner by rule may delay the release of assessment instrument
questions and answer keys under Section 39.023(e).
(e) The agency shall implement this section not later than
May 1, 2007. This subsection expires September 1, 2007.
Sec. 39.0233. COMPUTER-ADAPTIVE ASSESSMENT TOOLS. (a)
Subject to the discretion of the commissioner regarding subjects
and grade levels, the agency shall develop or acquire ongoing,
computer-adaptive, interactive assessment tools for each subject
and grade level for which an assessment instrument is adopted under
Section 39.023.
(b) The commissioner shall set aside an appropriate amount,
not to exceed $11.5 million each fiscal year, from the Foundation
School Program to pay the cost of developing or acquiring
assessment tools under this section. After setting aside an
appropriate amount in accordance with this section, the
commissioner shall reduce each district's tier one allotments
proportionately. A reduction in tier one allotments under this
subsection does not affect the computation of students in weighted
average daily attendance for purposes of Subchapter F, Chapter 42.
(b-1) Subsection (b) applies beginning with the fiscal year
beginning September 1, 2006. This subsection expires September 1,
2007.
(c) Any amount set aside under this section must be approved
by the Legislative Budget Board and the governor's office of
budget, planning, and policy.
(d) The agency shall make assessment tools developed or
acquired under this section available to public schools at no cost.
SECTION 47. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.046 to read as follows:
Sec. 44.046. PURCHASE OF INSTRUCTIONAL MATERIALS.
Notwithstanding Section 44.031, a public school may purchase
instructional materials, as defined by Section 31.002, under a
blanket purchase order executed by the Department of Information
Resources under Section 31.026.
SECTION 48. Sections 31.002(3), 31.022, 31.023, 31.024,
31.025, 31.101, 31.103, and 31.1031, Education Code, and Sections
32.154(a) and (c), Education Code, as added by Chapter 834, Acts of
the 78th Legislature, Regular Session, 2003, are repealed.
SECTION 49. (a) In addition to other amounts appropriated
by the 79th Legislature, the amount of $291,088,189 is appropriated
from the state instructional materials fund to the Texas Education
Agency for the fiscal year beginning September 1, 2005, for the
purchase of public school textbooks for those grade levels
specified by State Board of Education Proclamation 2002, for the
following subjects, and not to exceed the following amounts:
(1) Languages Other than English - $40,773,895;
(2) American Sign Language - $257,071;
(3) Health Education - $107,001,442; and
(4) Fine Arts - $143,055,781.
(b) In addition to other amounts appropriated by the 79th
Legislature, the amount of $35 million is appropriated from federal
funds that may be used for the purpose for the expansion of the
technology immersion project under Subchapter D, Chapter 32,
Education Code, as added by Chapter 834, Acts of the 78th
Legislature, Regular Session, 2003, in accordance with Section
32.154, Education Code, as added by Chapter 834, Acts of the 78th
Legislature, Regular Session, 2003, and as amended by this Act.
(c) For the fiscal year beginning September 1, 2006, the
unexpended balance of an appropriation made by Subsection (a) or
(b) of this section is appropriated to the Texas Education Agency
for the purpose stated in Subsection (a) or (b) of this section, as
applicable.
SECTION 50. In addition to other amounts appropriated by
the 79th Legislature, the amount of $300 million is appropriated
from the state instructional materials fund to the Texas Education
Agency for the fiscal year beginning September 1, 2006, for the
instructional materials and technology allotment under Section
32.005, Education Code, as amended by this Act.
SECTION 51. Contingent on the availability of funds
appropriated to or in the control of the General Land Office, the
amount of $65 million is appropriated to the Texas Education Agency
for the fiscal year beginning September 1, 2005, for the provision
of technology grants under Section 32.008, Education Code, as added
by this Act, and for the fiscal year beginning September 1, 2006,
the unexpended balance of that appropriation is appropriated to the
Texas Education Agency for that purpose.
SECTION 52. Except as otherwise provided by this Act, this
Act takes effect immediately 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 immediate effect, this Act takes effect on the
91st day after the last day of the legislative session, except as
otherwise provided by this Act.