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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 82nd |
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Legislature, 1st Called Session, 2011, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 6 (foundation curriculum, the establishment of the |
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instructional materials allotment, and the adoption, review, and |
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purchase of instructional materials and technological equipment |
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for public schools) to consider and take action on the following |
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matter: |
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(1) Senate Rules 12.03(1) and (4) are suspended to permit |
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the committee to change and add text on a matter which is not in |
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disagreement in proposed SECTION 23 of the bill, in added Section |
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31.0211(c)(2)(B), Education Code, to read as follows: |
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(B) the salary and other expenses of an |
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employee who provides technical support for the use of |
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technological equipment directly involved in student learning. |
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Explanation: The change and addition of text are |
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necessary to clarify that a school district may use the |
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district's instructional materials allotment to pay the salary |
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and other expenses of employees who provide technical support for |
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the use of technological equipment directly related to student |
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learning. |
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(2) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change and omit text not in disagreement in |
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proposed SECTION 27 of the bill, amending Section 31.0231, |
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Education Code, to read as follows: |
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SECTION 27. Section 31.0231, Education Code, is amended |
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to read as follows: |
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Sec. 31.0231. COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
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INSTRUCTIONAL MATERIAL] LIST. (a) The commissioner shall adopt a |
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list of: |
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(1) electronic instructional material [textbooks]; |
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and |
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(2) [instructional] material that conveys |
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information to the student or otherwise contributes to the |
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learning process, including tools, models, and investigative |
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materials designed for use as part of the foundation curriculum |
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for: |
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(A) science in kindergarten through grade |
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five; and |
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(B) personal financial literacy in |
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kindergarten through grade eight. |
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(b) A school district may select [an electronic textbook
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or instructional] material on the list adopted under Subsection |
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(a) to be funded by the district's instructional materials |
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allotment [state textbook fund] under Section 31.0211 [31.021]. |
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(c) Before the commissioner places [an electronic
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textbook or instructional] material on the list adopted under |
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Subsection (a), the State Board of Education must be given an |
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opportunity to comment on the [electronic textbook or
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instructional] material. If the commissioner places material on |
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the list adopted under Subsection (a), the State Board of |
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Education may, not later than the 90th day after the date the |
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material is placed on the list, require the commissioner to |
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remove the material from the list. Material [An electronic
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textbook or instructional material] placed on the list adopted |
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under Subsection (a): |
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(1) must be reviewed and recommended to the |
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commissioner by a panel of recognized experts in the subject area |
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of the [electronic textbook or instructional] material and |
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experts in education technology; |
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(2) must satisfy criteria adopted for the purpose by |
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commissioner rule; and |
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(3) must meet the National Instructional Materials |
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Accessibility Standard, to the extent practicable as determined |
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by the commissioner. |
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(d) The criteria adopted under Subsection (c)(2) must: |
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(1) include evidence of alignment with current |
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research in the subject for which the [electronic textbook or
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instructional] material is intended to be used; |
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(2) include coverage of the essential knowledge and |
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skills identified under Section 28.002 for the subject for which |
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the [electronic textbook or instructional] material is intended |
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to be used and identify: |
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(A) each of the essential knowledge and skills |
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for the subject and grade level or levels covered by the |
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[electronic textbook or instructional] material; and |
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(B) the percentage of the essential knowledge |
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and skills for the subject and grade level or levels covered by |
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the [electronic textbook or instructional] material; and |
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(3) include appropriate training for teachers. |
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(e) The commissioner shall update, as necessary, the list |
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adopted under Subsection (a). Before the commissioner places [an
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electronic textbook or instructional] material on the updated |
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list, the requirements of Subsection (c) must be met. [Before
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the commissioner removes an electronic textbook or instructional
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material from the updated list, the removal must be recommended
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by a panel of recognized experts in the subject area of the
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electronic textbook or instructional material and experts in
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education technology.] |
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(f) After notice to the commissioner explaining in detail |
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the changes, the provider of [an electronic textbook or
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instructional] material on the list adopted under Subsection (a) |
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may update the navigational features or management system |
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related to the [electronic textbook or instructional] material. |
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(g) After notice to the commissioner and a review by the |
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commissioner, the provider of [an electronic textbook or
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instructional] material on the list adopted under Subsection (a) |
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may update the content of the [electronic textbook or
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instructional] material if needed to accurately reflect current |
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knowledge or information. |
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(h) The commissioner shall adopt rules as necessary to |
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implement this section. The rules must: |
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(1) be consistent with Section 31.151 regarding the |
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duties of publishers and manufacturers, as appropriate, and the |
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imposition of a reasonable administrative penalty; and |
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(2) require public notice of an opportunity for the |
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submission of [an electronic textbook or instructional] |
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material. |
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Explanation: The change and omission of text are |
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necessary to reflect the enactment and becoming law, effective |
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June 17, 2011, of S.B. No. 290, Acts of the 82nd Legislature, |
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Regular Session, 2011. |
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(3) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change and omit text not in disagreement in |
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proposed SECTION 34 of the bill, amending Section 31.027, |
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Education Code, to read as follows: |
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SECTION 34. (a) If this Act takes effect immediately, |
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Section 31.027, Education Code, is amended to read as follows: |
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Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC |
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SAMPLE [COPIES]. (a) A publisher shall provide each school |
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district and open-enrollment charter school with information |
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that fully describes each of the publisher's submitted |
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instructional materials [adopted textbooks]. On request of a |
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school district, a publisher shall provide an electronic [a] |
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sample [copy] of submitted instructional material [an adopted
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textbook]. |
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(b) A publisher shall provide an electronic [at least
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two] sample [copies] of each submitted instructional material |
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[adopted textbook] to be maintained at each regional education |
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service center. |
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(c) [(d)] This section does not apply to [an] open-source |
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instructional material [textbook]. |
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(b) If this Act does not take effect immediately, Section |
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31.027, Education Code, as effective September 1, 2011, is |
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amended to read as follows: |
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Sec. 31.027. INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC |
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SAMPLE. (a) A publisher shall provide each school district and |
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open-enrollment charter school with information that fully |
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describes each of the publisher's submitted instructional |
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materials [adopted textbooks]. On request of a school district, |
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a publisher shall provide an electronic sample of submitted |
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instructional material [an adopted textbook]. |
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(b) A publisher shall provide an electronic sample of |
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each submitted instructional material [adopted textbook] to be |
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maintained at each regional education service center. |
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(c) [(d)] This section does not apply to [an] open-source |
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instructional material [textbook]. |
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(c) If this Act takes effect immediately, Sections 2 and |
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3, S.B. No. 391, Acts of the 82nd Legislature, Regular Session, |
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2011, have no effect. |
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Explanation: The change and omission of text are |
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necessary to reflect the enactment and becoming law, effective |
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September 1, 2011, of S.B. No. 391, Acts of the 82nd Legislature, |
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Regular Session, 2011. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on June 27, 2011, by |
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the |
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_______________________________ |
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Secretary of the Senate |