By: Branch H.B. No. 4294

A BILL TO BE ENTITLED

AN ACT

relating to instructional materials and technological equipment in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.101, Education Code, is amended by amending Subsection (a), (b), and (c) and adding Subsections (e), (f), (g), (h), and (i) to read as follows:

Section 31.101. SELECTION AND PURCHASE OF 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 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; instructional materials and electronic textbooks identified by the commissioner under 31.101(c)(3); 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; instructional materials and electronic textbooks identified by the commissioner under 31.101(c)(3); 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) If a school district or open-enrollment charter school selects a textbook for a particular subject in the foundation or 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 textbook, multiplied by the number of 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 a textbook for that subject and grade level, multiplied by the number of textbooks 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:

(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) [only] for purchasing the textbook for which the funds were received, or

(3) may use funds received from the supplement to the allotment under Section 32.005 according to rules adopted by the commissioner. The state shall pay to the district or school 100 percent of the limitation established under Section 31.025 for materials for each subject and grade level, multiplied by the number of instructional materials and electronic textbooks the district or school needs for each subject and grade level.

(d) For a textbook that is not on the conforming or nonconforming list, a school district or open-enrollment charter school must use the 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 textbook is used.

(e) The commissioner shall adopt a list of instructional materials and electronic textbooks that may be purchased by a school district and funded under Section 31.101(c)(3). Instructional materials and electronic textbooks placed on the commissioner's list will be reviewed and recommended by a panel of recognized school district experts in content and education technology.

(f) The commissioner shall adopt minimum criteria that instructional materials and electronic textbooks must meet to be included on the list adopted by the commissioner. The criteria must:

(1) include evidence of alignment with current research in the subject area addressed;

(2) include the coverage of the essential knowledge and skills for the subject area and grade level of the instructional materials and electronic textbooks. The panel under subsection (e) must identify:

(A) each of the essential knowledge and skills for the subject and grade level covered by the instructional materials and electronic textbooks; and

(B) the percentage of the essential knowledge and skills for the subject and grade level covered by the instructional material and electronic textbooks.

(3) include training and professional development for teachers.

(g) Funds received from the state by school districts and open enrollment charter schools under this section may also be used to:

(1) provide for the purchase by school districts of technological equipment needed to provide access to State Board of Education-approved textbooks or commissioner-approved instructional materials or electronic textbooks.

(h) Not withstanding any other provision of this section, a school district or open-enrollment charter school must purchase, at a minimum, a classroom set of State Board of Education-approved textbooks for a subject and grade level in the foundation curriculum.

(i) The commissioner shall adopt rules necessary to implement subsections (e), (f), (g), and (h) of this section.

SECTION 2. EFFECTIVE DATE. 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, the Act takes effect September 1, 2009.