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  By: Branch, Eissler, Strama, Oliveira, H.B. No. 4294
      Aycock, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to textbooks, electronic textbooks, instructional
  material, and technological equipment in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.021, Education Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  The state textbook fund may be used to purchase
  technological equipment necessary to support the use of electronic
  textbooks or instructional material included on the list adopted
  under Section 31.0231 or any textbook or material approved by the
  State Board of Education.
         (g)  The commissioner shall adopt rules that require the
  geographic socioeconomic parity among school districts in the state
  for the purchase of technological equipment purchased with the
  state textbook fund.
         SECTION 2.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.0231 to read as follows:
         Sec. 31.0231.  ELECTRONIC TEXTBOOK AND INSTRUCTIONAL
  MATERIAL LIST. (a)  Notwithstanding any other provision of this
  chapter, the commissioner shall adopt a list of:
               (1)  electronic textbooks; and
               (2)  instructional material that conveys information
  to the student or otherwise contributes to the learning process.
         (b)  A school district may select an electronic textbook or
  instructional material on the list adopted under Subsection (a) to
  be funded by the state textbook fund under Section 31.021.
         (c)  Before the commissioner places an electronic textbook
  or instructional material on the list adopted under Subsection (a),
  the electronic textbook or instructional material:
               (1)  must be reviewed and recommended to the
  commissioner by a panel of recognized experts in the subject area of
  the electronic textbook or instructional material and experts in
  education technology;
               (2)  must be verified by the commissioner as being
  accessible to blind and visually impaired students; and
               (3)  must satisfy criteria adopted for the purpose by
  commissioner rule.
         (d)  The criteria adopted under Subsection (c)(3) must:
               (1)  include evidence of alignment with current
  research in the subject for which the electronic textbook or
  instructional material is intended to be used;
               (2)  include coverage of the essential knowledge and
  skills identified under Section 28.002 for the subject for which
  the electronic textbook or instructional material is intended to be
  used and identify:
                     (A)  each of the essential knowledge and skills
  for the subject and grade level or levels covered by the electronic
  textbook or instructional material; and
                     (B)  the percentage of the essential knowledge and
  skills for the subject and grade level or levels covered by the
  electronic textbook or instructional material; and
               (3)  include appropriate training for teachers.
         (e)  The commissioner shall update, as necessary, the list
  adopted under Subsection (a).  Before the commissioner places an
  electronic textbook or instructional material on the updated list,
  the requirements of Subsection (c) must be met.  Before the
  commissioner removes an electronic textbook or instructional
  material from the updated list, the removal must be recommended by a
  panel of recognized experts in the subject area of the electronic
  textbook or instructional material and experts in education
  technology.
         (f)  After notice to the commissioner explaining in detail
  the changes, the provider of an electronic textbook or
  instructional material on the list adopted under Subsection (a) may
  update the navigational features or management system related to
  the electronic textbook or instructional material.
         (g)  After notice to the commissioner and a review by the
  commissioner, the provider of an electronic textbook or
  instructional material on the list adopted under Subsection (a) may
  update the content of the electronic textbook or instructional
  material if needed to accurately reflect current knowledge or
  information.
         (h)  The commissioner shall adopt rules as necessary to
  implement this section.
         SECTION 3.  Section 31.101, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (b-1),
  (c-1), and (e) to read as follows:
         (a)  Each year, during a period established by the State
  Board of Education, the board of trustees of each school district
  and the governing body of each open-enrollment charter school
  shall:
               (1)  for a subject in the foundation curriculum, notify
  the State Board of Education of the textbooks selected by the board
  of trustees or governing body for the following school year from
  among the textbooks on the appropriate conforming or nonconforming
  list, including the list adopted under Section 31.0231; or
               (2)  for a subject in the enrichment curriculum:
                     (A)  notify the State Board of Education of each
  textbook selected by the board of trustees or governing body for the
  following school year from among the textbooks on the appropriate
  conforming or nonconforming list, including the list adopted under
  Section 31.0231; or
                     (B)  notify the State Board of Education that the
  board of trustees or governing body has selected a textbook that is
  not on the conforming or nonconforming list.
         (b-1)  If a school district or open-enrollment charter
  school selects for a particular subject or grade level an
  electronic textbook or instructional material on the list adopted
  under Section 31.0231, the state shall pay the district or school an
  amount equal to the cost of the textbook plus textbook credits under
  Section 31.1011, equal to 50 percent of the difference between that
  cost and the limitation established under Section 31.025 for a
  textbook for that subject and grade level, multiplied by the number
  of electronic textbooks or instructional materials the district or
  school needs for that subject and grade level.
         (c)  A school district or open-enrollment charter school
  that selects a textbook that is not on the conforming or
  nonconforming list or that selects an electronic textbook or
  instructional material that is on the list adopted under Section
  31.0231:
               (1)  is responsible for the portion of the cost of the
  textbook that is not paid by the state under Subsection (b); and
               (2)  may use funds received from the state under
  Subsection (b) or (b-1), as applicable, [only] for purchasing the
  textbook for which the funds were received or supplementing the
  allotment under Section 32.005 to purchase technological equipment
  according to rules adopted by the commissioner.
         (c-1)  Notwithstanding any other provision of this chapter,
  a school district or open-enrollment charter school must purchase a
  classroom set of textbooks adopted by the State Board of Education
  under Section 31.023 or 31.035 for each subject and grade level in
  the foundation and enrichment curriculum.
         (e)  A school district or open-enrollment charter school
  that selects a subscription-based electronic textbook or
  instructional material on the conforming list under Section 31.023
  or the list adopted under Section 31.0231 may cancel the
  subscription and subscribe to a new electronic textbook or
  instructional material on the conforming list under Section 31.023
  or the list adopted under Section 31.0231 before the end of the
  state contract period under Section 31.026 if:
               (1)  the district or school has used the electronic
  textbook or instructional material for at least one school year;
  and
               (2)  the agency approves the change based on a written
  request to the agency by the district or school that specifies the
  reasons for changing the electronic textbook or instructional
  material used by the district or school.
         SECTION 4.  Section 31.1011(c), Education Code, is amended
  to read as follows:
         (c)  Fifty percent of the total textbook credit of a school
  district or open-enrollment charter school shall be credited to the
  state textbook fund, and 50 percent of the credit shall be credited
  to the district or school to apply toward the requisition of:
               (1)  additional textbooks or electronic textbooks that
  are on the conforming or nonconforming list under Section 31.023 or
  the components of such textbooks, including any electronic
  components; [or]
               (2)  supplemental textbooks as provided by Section
  31.035; or
               (3)  technological equipment under Section 31.021(f).
         SECTION 5.  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 September 1, 2009.