82R2564 PAM-D

By: Christian H.B. No. 560

A BILL TO BE ENTITLED

AN ACT

relating to electronic textbooks, state-developed open-source textbooks, and other instructional materials for public schools.

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

SECTION 1. Section 31.004, Education Code, is amended to read as follows:

Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS, ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school district and open-enrollment charter school shall annually certify to the State Board of Education [and the commissioner] that, for each subject in the required curriculum and each grade level, the district provides each student with textbooks, electronic textbooks, or instructional materials that cover all elements of the essential knowledge and skills adopted by the State Board of Education for that subject and grade level.

SECTION 2. Sections 31.0231(a), (c), (e), (f), (g), and (h), Education Code, are amended to read as follows:

(a) The State Board of Education [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, including tools, models, and investigative materials designed for use as part of the foundation curriculum for science in kindergarten through grade five.

(c) [Before the commissioner places an electronic textbook or instructional material on the list adopted under Subsection (a), the State Board of Education must be given an opportunity to comment on the electronic textbook or instructional material.] An electronic textbook or instructional material placed on the list adopted under Subsection (a):

(1) must be reviewed and recommended to the State Board of Education [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 satisfy criteria adopted for the purpose by board [commissioner] rule; and

(3) must meet the National Instructional Materials Accessibility Standard, to the extent practicable as determined by the board [commissioner].

(e) The State Board of Education [commissioner] shall update, as necessary, the list adopted under Subsection (a). Before the board [commissioner] places an electronic textbook or instructional material on the updated list, the requirements of Subsection (c) must be met. Before the board [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 State Board of Education [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 State Board of Education [commissioner] and a review by the board [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 State Board of Education [commissioner] shall adopt rules as necessary to administer [implement] this section. The rules must:

(1) be consistent with Section 31.151 regarding the duties of publishers and manufacturers, as appropriate, and the imposition of a reasonable administrative penalty; and

(2) require public notice of an opportunity for the submission of an electronic textbook or instructional material.

SECTION 3. Sections 31.071(a), (b), (d), and (e), Education Code, are amended to read as follows:

(a) The State Board of Education [commissioner] may purchase state-developed open-source textbooks in accordance with this subchapter.

(b) The State Board of Education [commissioner]:

(1) shall purchase any state-developed open-source textbooks through a competitive process; and

(2) may purchase more than one state-developed open-source textbook for a subject or grade level.

(d) The State Board of Education [commissioner] may issue a request for proposals for a state-developed open-source textbook:

(1) in accordance with the textbook review and adoption cycle under Section 31.022; or

(2) at any other time the board [commissioner] determines that a need exists for additional textbook options.

(e) The costs of administering this subchapter and purchasing state-developed open-source textbooks shall be paid from the state textbook fund, as determined by the State Board of Education [commissioner].

SECTION 4. Section 31.072, Education Code, is amended to read as follows:

Sec. 31.072. CONTENT REQUIREMENTS. (a) A state-developed open-source textbook must:

(1) be evaluated by teachers or other experts, as determined by the State Board of Education [commissioner], before purchase; and

(2) meet the requirements for inclusion on a conforming or nonconforming textbook list under Section 31.023.

(b) Following a curriculum revision by the State Board of Education, the board [commissioner] shall require the revision of a state-developed open-source textbook relating to that curriculum. The board [commissioner] may, at any time, require an additional revision of a state-developed open-source textbook or contract for ongoing revisions of a textbook for a period not to exceed the period under Section 31.022 for which a textbook for that subject and grade level may be adopted. The board [commissioner] shall use a competitive process to request proposals to revise a state-developed open-source textbook under this subsection.

(c) The State Board of Education [commissioner] shall provide for special and bilingual state-developed open-source textbooks in the same manner provided under Sections 31.028 and 31.029.

SECTION 5. Sections 31.073(a) and (b), Education Code, are amended to read as follows:

(a) For purposes of this section, the State Board of Education [commissioner] shall determine the cost to a school district or open-enrollment charter school for a state-developed open-source textbook in an amount sufficient to cover state expenses associated with the textbook, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the textbook.

(b) If a school district or open-enrollment charter school selects a state-developed open-source textbook instead of another textbook adopted under Subchapter B, the difference between the cost determined by the State Board of Education [commissioner] under Subsection (a) and the maximum price for a textbook in the same subject area, as determined by the board [State Board of Education] under Section 31.025, shall be allocated as follows:

(1) 50 percent of the amount shall be credited to the state textbook fund under Section 31.021 to be used for purposes of this subchapter; and

(2) 50 percent of the amount shall be credited to the school district or open-enrollment charter school for use as provided by Section 31.1011(c).

SECTION 6. Section 31.074, Education Code, is amended to read as follows:

Sec. 31.074. DISTRIBUTION. (a) The State Board of Education [commissioner] shall provide for the distribution of state-developed open-source textbooks in a manner consistent with distribution of textbooks adopted under Subchapter B.

(b) The State Board of Education [commissioner] may use a competitive process to contract for printing or other reproduction of a state-developed open-source textbook on behalf of a school district or open-enrollment charter school. The board [commissioner] may not require a school district or open-enrollment charter school to contract with a state-approved provider for the printing or reproduction of a state-developed open-source textbook.

SECTION 7. Sections 31.075(b) and (c), Education Code, are amended to read as follows:

(b) The State Board of Education [commissioner] shall provide a license to each public school in the state, including a school district, an open-enrollment charter school, and a state or local agency educating students in any grade from prekindergarten through high school, to use and reproduce a state-developed open-source textbook.

(c) The State Board of Education [commissioner] may provide a license to use a state-developed open-source textbook to an entity not listed in Subsection (b). In determining the cost of a license under this subsection, the board [commissioner] shall seek, to the extent feasible, to recover the costs of developing, revising, and distributing state-developed open-source textbooks.

SECTION 8. Sections 31.076 and 31.077, Education Code, are amended to read as follows:

Sec. 31.076. RULES; FINALITY OF DECISIONS. (a) The State Board of Education [commissioner] may adopt rules necessary to administer [implement] this subchapter.

(b) A decision by the State Board of Education [commissioner] regarding the purchase, revision, cost, or distribution of a state-developed open-source textbook is final and may not be appealed.

Sec. 31.077. ADOPTION SCHEDULE. The State Board of Education [commissioner] shall develop a schedule for the adoption of state-developed open-source textbooks under this subchapter. In developing the adoption schedule under this section, the board [commissioner] shall consider:

(1) the availability of funds;

(2) the existing textbook adoption cycles under Subchapter B; and

(3) the availability of textbooks for development or purchase by the state.

SECTION 9. Section 31.101(c), Education Code, is amended to read as follows:

(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, for purchasing the textbook, electronic textbook, or instructional material for which the funds were received or supplementing the allotment under Section 32.005 to purchase technological equipment according to rules adopted by the State Board of Education [commissioner].

SECTION 10. Section 31.103(e), Education Code, is amended to read as follows:

(e) The State Board of Education [commissioner] may establish a list of equipment or devices that a school district or open-enrollment charter school may purchase using textbook credits or textbook credits in combination with other available funds to provide electronic access to open-source textbooks under Subsection (d)(1).

SECTION 11. (a) All powers and duties of the commissioner of education under Section 31.0231, Education Code, and under Subchapter B-1, Chapter 31, Education Code, and all contracts and other obligations of and licenses provided by the commissioner of education under Subchapter B-1, Chapter 31, Education Code, are transferred to the State Board of Education on November 1, 2011.

(b) A list adopted by the commissioner of education under Section 31.0231(a), Education Code, that is in effect on the effective date of this Act remains valid until updated by the State Board of Education.

(c) The State Board of Education shall continue any ongoing process for a request for proposal for a state-developed open-source textbook that was issued by the commissioner of education before the effective date of this Act.

(d) An adoption schedule developed by the commissioner of education under Section 31.077, Education Code, that is in effect on the effective date of this Act remains valid until revised by the State Board of Education.

(e) A rule adopted by the commissioner of education in connection with or relating to electronic textbooks or instructional materials under Section 31.0231, Education Code, or state-developed open-source textbooks under Subchapter B-1, Chapter 31, Education Code, continues in effect until the rule is amended or repealed by the State Board of Education.

SECTION 12. This Act takes effect September 1, 2011.