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79R5961 ESH-D
By: Grusendorf H.B. No. 4
A BILL TO BE ENTITLED
AN ACT
relating to the use of technology by public schools.
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 GRANT PROGRAMS. (a) The
agency shall conduct a review of state-funded grant programs and
incentives designed to improve student academic performance,
including:
(1) the accelerated reading initiative programs under
Sections 28.006 and 28.0211;
(2) the optional extended year program under Section
29.082;
(3) the basic skills program for high school students
under Section 29.086; and
(4) the comprehensive high school completion and
success program.
(b) The review under Subsection (a) must assess:
(1) the extent to which program funds are used to
provide for or could be used to provide for:
(A) electronic diagnostic assessment tools;
(B) individual technology devices, such as:
(i) laptop computers for students; or
(ii) personal digital assistants for use by
teachers and administrators in collecting classroom data; and
(C) other electronic resources for classrooms
and libraries that could be accessible to students and teachers at
all times; and
(2) methods to encourage school districts and
open-enrollment charter schools to use program funds for purposes
described by Subdivision (1).
(c) 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. 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 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
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 28.010 to read as follows:
Sec. 28.010. ELECTRONIC DIAGNOSTIC ASSESSMENT TOOLS. (a)
The agency shall develop or acquire ongoing, electronic,
interactive, formative diagnostic assessment tools that school
districts and open-enrollment charter schools may use to:
(1) obtain a greater understanding of an individual
student's strengths and weaknesses; and
(2) improve instructional planning and delivery.
(b) From funds appropriated for the purpose, the agency
shall use not more than $20 million each school year to make grants
to school districts and open-enrollment charter schools to enable
districts and schools to administer diagnostic assessment tools
under this section.
(c) The commissioner shall establish specifications for the
administration of diagnostic assessment tools under this section
to:
(1) protect student privacy as required by state or
federal law; and
(2) permit the easy exchange of data among school
districts, open-enrollment charter schools, and the agency.
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.
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 for conveying information to a student. The term
includes a book, supplementary materials, a combination of a book
and supplementary materials, computer software, interactive
videodisc, magnetic media, 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. Sections 31.003, 31.021, and 31.022, Education
Code, are amended 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
[textbooks].
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;
(2) all funds accruing from the state's sale of disused
instructional materials [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 board, school districts, and open-enrollment charter
schools 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:
(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
instructional materials [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 instructional
materials [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.
(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 instructional materials [textbook]
fund on invoices approved by the commissioner.
Sec. 31.022. INSTRUCTIONAL MATERIAL [TEXTBOOK] REVIEW AND
ADOPTION. (a) The State Board of Education shall adopt a review
and adoption cycle for instructional materials [textbooks] for
elementary grade levels, including prekindergarten, and secondary
grade levels, for each subject in the required curriculum under
Section 28.002.
(b) The board shall organize the cycle for subjects in the
foundation curriculum so that not more than one-sixth of the
instructional materials [textbooks] for subjects in the foundation
curriculum are reviewed each year. The board shall adopt rules to
provide for a full and complete investigation of instructional
materials [textbooks] for each subject in the foundation curriculum
at least every six years. The adoption of instructional materials
[textbooks] for a subject in the foundation curriculum may be
extended beyond the six-year period only if the content of
instructional materials [textbooks] for a subject is sufficiently
current.
(c) The board shall adopt rules to provide for a full and
complete investigation of instructional materials [textbooks] for
each subject in the enrichment curriculum on a cycle the board
considers appropriate.
(d) At least 24 months before the beginning of the school
year for which instructional materials [textbooks] for a particular
subject and grade level will be purchased under the review and
adoption cycle adopted by the board, the board shall publish notice
of the review and adoption cycle for those instructional materials
[textbooks].
SECTION 19. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0221 to read as follows:
Sec. 31.0221. ELECTRONIC INSTRUCTIONAL MATERIALS. (a) The
State Board of Education and the agency shall review the subjects
and grade levels for which the board has, under Section 28.002,
adopted essential knowledge and skills but has not adopted
electronic instructional materials.
(b) Following the completion of the review required by
Subsection (a), the State Board of Education shall revise the
adoption cycles under Section 31.022 to ensure that not later than
the beginning of the 2007-2008 school year, electronic
instructional materials will be available for each subject and
grade level for which the board has adopted essential knowledge and
skills.
(c) The agency's group for technology and implementation
established under Section 32.0011 shall establish procedures to
accelerate the development and implementation of electronic
instructional materials aligned with the essential knowledge and
skills adopted under Section 28.002.
(d) The agency shall encourage alignment of supplemental
electronic educational resources with the required curriculum
adopted under Section 28.002.
(e) This section expires September 1, 2007.
SECTION 20. Sections 31.023–31.030, Education Code, are
amended to read as follows:
Sec. 31.023. [TEXTBOOK] LISTS OF INSTRUCTIONAL MATERIALS.
(a) For each subject and grade level, the State Board of Education
shall adopt two lists of instructional materials [textbooks]. The
conforming list includes each instructional material [textbook]
submitted for the subject and grade level that meets applicable
physical specifications adopted by the State Board of Education and
contains material covering each element of the essential knowledge
and skills of the subject and grade level as determined by the State
Board of Education under Section 28.002 and adopted under Section
31.024. The nonconforming list includes each instructional
material [textbook] submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted
by the State Board of Education;
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level; and
(3) is adopted under Section 31.024.
(b) Each instructional material [textbook] on a conforming
or nonconforming list must be free from factual errors.
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
[textbook] on a conforming or nonconforming list; or
(2) reject an instructional material [a textbook]
submitted for placement on a conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the instructional materials [textbooks] for a
particular subject and grade level will be purchased under the
cycle adopted by the board under Section 31.022, the board shall
provide the lists of adopted instructional materials [textbooks] to
each school district. Each nonconforming list must include the
reasons an adopted instructional material [textbook] is not
eligible for the conforming list.
Sec. 31.025. LIMITATION ON COST. (a) The State Board of
Education shall set a limit on the cost that may be paid from the
state instructional materials [textbook] fund for an instructional
material [a textbook] placed on the conforming or nonconforming
list for a particular subject and grade level. The board may not
reject an instructional material [a textbook] for placement on the
conforming or nonconforming list because the instructional
material's [textbook's] price exceeds the limit established under
this subsection.
(b) Subject to Section 31.151, if a school district or
open-enrollment charter school selects instructional materials [a
textbook] from a conforming or nonconforming list that exceeds the
limit established under Subsection (a):
(1) the state shall pay the publisher an amount equal
to the limit established under Subsection (a) multiplied by the
number of instructional materials [textbooks] the district or
school requisitions; and
(2) the district or school is responsible for the
remainder of the cost.
Sec. 31.026. CONTRACT; PRICE. (a) The State Board of
Education shall execute a contract[:
[(1)] for the purchase or licensing of each adopted
instructional material [textbook other than an electronic
textbook; and
[(2) for the purchase or licensing of each adopted
electronic textbook].
(b) A contract must require the publisher to provide all of
the adopted instructional materials [the number of textbooks]
required by 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, 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.
Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; SAMPLE
COPIES. (a) A publisher shall provide each school district and
open-enrollment charter school with information that fully
describes each of the publisher's adopted instructional materials
[textbooks]. On request of a school district, a publisher shall
provide a sample copy of an adopted instructional material
[textbook].
(b) A publisher shall provide at least two sample copies of
each adopted instructional material [textbook] to be maintained at
each regional education service center.
Sec. 31.028. SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
(a) The State Board of Education may 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 instructional material [textbook] the teacher
uses in the instruction of students. The teacher edition must be
available at the same time the student instructional materials
[textbooks] become available.
(b) The publisher of an adopted instructional material
[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 may also enter into agreements providing for
the acceptance, requisition, and distribution of special
instructional materials [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 adopted
instructional materials [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 purchase or otherwise acquire
instructional materials [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 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 21. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.031 to read as follows:
Sec. 31.031. SUBSCRIPTION-BASED ELECTRONIC INSTRUCTIONAL
MATERIALS. The publisher of an adopted electronic instructional
material may offer the material to school districts and
open-enrollment charter schools on a subscription basis. The State
Board of Education shall ensure that, if the cost of a subscription
to an electronic instructional material exceeds the cost limit for
that instructional material under Section 31.025, the school
district or open-enrollment charter school is responsible for the
cost in excess of the limit.
SECTION 22. Section 31.101, Education Code, is amended to
read as follows:
Sec. 31.101. SELECTION AND PURCHASE OF INSTRUCTIONAL
MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS. (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
[textbooks] selected by the board of trustees or governing body for
the following school year from among the instructional materials
[textbooks] on the appropriate conforming or nonconforming list; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each
instructional material [textbook] selected by the board of trustees
or governing body for the following school year from among the
instructional materials [textbooks] on the appropriate conforming
or nonconforming list; or
(B) notify the State Board of Education that the
board of trustees or governing body has selected an instructional
material [a textbook] that is not on the conforming or
nonconforming list.
(b) If a school district or open-enrollment charter school
selects an instructional material [a textbook] for a particular
subject in the enrichment curriculum and grade level that is not on
the conforming or nonconforming list, the state shall pay to the
district or school an amount equal to the lesser of:
(1) 70 percent of the cost to the district of the
instructional material [textbook], multiplied by the number of
instructional materials [textbooks] the district or school needs
for that subject and grade level; or
(2) 70 percent of the limitation established under
Section 31.025 for an instructional material [a textbook] for that
subject and grade level, multiplied by the number of instructional
materials [textbooks] the district or school needs for that subject
and grade level.
(c) A school district or open-enrollment charter school
that selects an instructional material [a textbook] that is not on
the conforming or nonconforming list:
(1) is responsible for the portion of the cost of the
instructional material [textbook] that is not paid by the state
under Subsection (b); and
(2) may use funds received from the state under
Subsection (b) only for purchasing the instructional material
[textbook] for which the funds were received.
(d) For an instructional material [a textbook] that is not
on the conforming or nonconforming list, a school district or
open-enrollment charter school must use the instructional material
[textbook] for the period of the review and adoption cycle the State
Board of Education has established for the subject and grade level
for which the instructional material [textbook] is used.
SECTION 23. 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 24. The heading to Section 31.103, Education Code,
is amended to read as follows:
Sec. 31.103. INSTRUCTIONAL MATERIAL [TEXTBOOK]
REQUISITIONS.
SECTION 25. Sections 31.103(b) and (c), Education Code, are
amended to read as follows:
(b) A requisition for instructional materials [textbooks]
for the following school year shall be based on the maximum
attendance reports under Subsection (a), plus an additional 10
percent, except as otherwise provided. A school district or
open-enrollment charter school shall make a requisition for
instructional materials [a textbook] on the conforming or
nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by State Board of
Education rule, as applicable, not later than June 1 of each year.
The designated state depository or, if the publisher or
manufacturer does not have a designated instructional materials
[textbook] depository in this state under Section 31.151(a)(6)(B),
the publisher or manufacturer shall fill a requisition approved by
the agency at any other time in the case of an emergency. As made
necessary by available funds, the commissioner shall reduce the
additional percentage of attendance for which a district or school
may requisition instructional materials [textbooks]. The
commissioner may, on application of a district or school that is
experiencing high enrollment growth, increase the additional
percentage of attendance for which the district or school may
requisition instructional materials [textbooks].
(c) In making a requisition under this section, a school
district or open-enrollment charter school may requisition
instructional materials [textbooks] on the conforming or
nonconforming list for grades above the grade level in which a
student is enrolled, except that the total quantity of
instructional materials [textbooks] requisitioned under this
section may not exceed the limit prescribed by Subsection (b).
SECTION 26. Sections 31.1031-31.106, Education Code, are
amended to read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED INSTRUCTIONAL
MATERIALS [TEXTBOOKS]. If a school district or open-enrollment
charter school does not have a sufficient number of copies of an
instructional material [a textbook] used by the district or school
for use during the following school year, and a sufficient number of
additional copies will not be available from the depository or the
publisher within the time specified by Section 31.151(a)(8), the
district or school is entitled to:
(1) be reimbursed from the state instructional
materials [textbook] fund, at a rate and in the manner provided by
State Board of Education rule, for the purchase of a sufficient
number of used adopted instructional materials [textbooks]; or
(2) return currently used instructional materials
[textbooks] to the commissioner in exchange for sufficient copies,
if available, of other instructional materials [textbooks] on the
conforming or nonconforming list to be used during the following
school year.
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 instructional materials [textbook]
depository; or
(2) the [textbook] publisher of the instructional
materials [or manufacturer] if the [textbook] publisher [or
manufacturer] does not have a designated instructional materials
[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. 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 OF INSTRUCTIONAL MATERIALS [TEXTBOOKS].
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 the state contract
price. The district shall send money from the sale of instructional
materials [textbooks] to the commissioner as required by the
commissioner. The commissioner shall deposit the money in the
state instructional materials [textbook] fund.
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
instructional materials [textbook] selected under this chapter, a
school district or open-enrollment charter school may use local
funds to purchase any instructional materials [textbooks].
SECTION 27. The heading to Section 31.151, Education Code,
is amended to read as follows:
Sec. 31.151. DUTIES OF PUBLISHERS [AND MANUFACTURERS].
SECTION 28. 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 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 instructional materials [textbooks], other than on-line
instructional materials [textbooks] or on-line instructional
material [textbook] components, consistent with State Board of
Education rules; or
(B) deliver instructional materials [textbooks]
to a 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] instructional
materials [textbooks] and related products are warehoused or
otherwise stored less than 300 miles from a border of this state; or
(ii) the instructional materials
[textbooks] are on-line instructional materials [textbooks] or
on-line instructional material [textbook] components;
(7) shall, at the time an order for instructional
materials [textbooks] is acknowledged, provide to 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 29. The heading to Section 31.152, Education Code,
is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
SECTION 30. 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 funds from
the state instructional materials [textbook] fund.
(d) In this section, "gift, favor, or service" does not
include:
(1) staff development, in-service, or teacher
training; or
(2) instructional materials[,] such as maps or
worksheets[, that convey information to the student or otherwise
contribute to the learning process].
SECTION 31. 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 32. 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 33. 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 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 34. Subchapter A, Chapter 32, Education Code, is
amended by adding Section 32.0011 to read as follows:
Sec. 32.0011. GROUP FOR TECHNOLOGY AND IMPLEMENTATION. (a)
The group for technology and implementation is part of the agency.
To direct the group, the commissioner shall employ a person who has:
(1) demonstrated proficiency in general technology
development and application; and
(2) experience in public education.
(b) The director of the group shall report to the
commissioner and is responsible for the personnel, operations,
management, and accountability of the group.
(c) The group shall assess available technology and oversee
the implementation of technology for public primary and secondary
education in this state.
(d) 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 an advisory committee of business, education, and public
members to assist the group and permit the group to monitor changing
technology in business, industry, and education.
(e) The group and advisory committee shall notify students,
teachers, parents, school administrators, and the business,
industry, and higher education communities of the group's goals and
objectives and the group's strategies to meet those goals and
objectives. In complying with this subsection, the group and
advisory committee shall use a variety of communication methods,
including issuing press releases, establishing Internet websites,
creating and maintaining electronic mail distribution lists,
making presentations, conducting videoconferences, and producing
written materials and videos.
SECTION 35. Section 32.005, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Each school district that is identified by the agency as
meeting the goals of the long-range plan for technology under
Section 32.001 is entitled to an allotment of $300 for each student
in average daily attendance in grade six or above and to an
allotment of $30 for each student in average daily attendance in
grade five or below. Any other school district is entitled to an
allotment of $30 for each student in average daily attendance. A
[or a] different amount for any year may be provided by
appropriation.
(a-1) To be eligible for the increased allotment under
Subsection (a) for students in grades six or above, a school
district must certify to the commissioner that the district will
commit to using local funds for a purpose specified by Subsection
(a-2) in an amount equal to $50 for each student in average daily
attendance in grade six or above.
(a-2) An allotment under this section may be used to:
(1) provide for the purchase by school districts of:
(A) wireless electronic mobile computing
devices;
(B) productivity software, including writing,
computation, presentation, and communication tools;
(C) electronic learning software aligned with
the essential skills and knowledge 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 additional infrastructure and
technologies necessary to support and enhance the tools and
solutions described by Subdivision (1).
SECTION 36. 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 37. 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 under Section 31.021
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 38. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0232 to read as follows:
Sec. 39.0232. COMPUTER-ADAPTIVE ASSESSMENT. (a) 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 agency shall implement this section not later than
March 1, 2006. This subsection expires September 1, 2006.
SECTION 39. Sections 31.002(3) and 32.005(6), Education
Code, are repealed.
SECTION 40. This Act takes effect September 1, 2005.