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A BILL TO BE ENTITLED
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AN ACT
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relating to the instructional material list and supplemental |
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instructional materials adopted by the State Board of Education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.023, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Each instructional material on the list: |
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(1) must [be]: |
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(A) be [(1)] free from factual errors; |
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(B) be [(2)] suitable for the subject and grade |
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level for which the instructional material was submitted; [and] |
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(C) be [(3)] reviewed by academic experts in the |
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subject and grade level for which the instructional material was |
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submitted; |
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(D) present a scientific theory in an objective |
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educational manner that: |
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(i) clearly distinguishes the theory from |
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fact; and |
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(ii) includes evidence for both the |
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strengths and weaknesses of the theory; |
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(E) present violence, if it appears, in the |
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context of the causes and consequences of the violence and not for |
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unwholesome excitement or sensationalism; |
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(F) present positive aspects of the United States |
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and its heritage, if the instructional material discusses the |
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United States or its heritage; |
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(G) present contrasting points of view regarding |
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significant political or social movements in history in a balanced |
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and factual manner; |
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(H) treat all groups fairly and avoid biases or |
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stereotypes regarding any particular individual, group, or type of |
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work to reflect the positive contributions of all individuals and |
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groups to the American way of life; and |
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(I) include information needed to develop mutual |
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respect and understanding among all persons; and |
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(2) may not: |
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(A) include selections or works that condone |
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civil disorder, social strife, or disregard for the law; |
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(B) include blatantly offensive language or |
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illustrations; |
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(C) encourage lifestyles that deviate from |
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generally accepted standards of society; or |
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(D) be authored by an employee of the agency. |
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(c) If the State Board of Education determines that an |
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instructional material being considered for adoption under this |
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section contains content that does not comply with the standards |
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under Subsection (b), the board may not adopt the instructional |
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material unless the publisher removes the content or modifies the |
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content in a manner that complies with the standards under that |
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subsection. |
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SECTION 2. Section 31.035, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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the State Board of Education may adopt supplemental instructional |
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materials that are not on the list adopted under Section |
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31.023. The State Board of Education may adopt supplemental |
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instructional material under this section only if the instructional |
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material: |
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(1) contains material covering one or more primary |
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focal points or primary topics of a subject in the required |
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curriculum under Section 28.002, as determined by the State Board |
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of Education; |
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(2) is not designed to serve as the sole instructional |
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material for a full course; |
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(3) meets applicable physical specifications adopted |
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by the State Board of Education; and |
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(4) complies with the standards under Section |
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31.023(b) [is free from factual errors; |
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[(5) is suitable for the subject and grade level; and |
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[(6) is reviewed by academic experts in the subject |
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and grade level]. |
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(a-1) If the State Board of Education determines that an |
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instructional material being considered for adoption under this |
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section contains content that does not comply with the standards |
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under Subsection (a), the board may not adopt the instructional |
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material unless the publisher removes the content or modifies the |
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content in a manner that complies with the standards under that |
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subsection. |
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SECTION 3. Sections 31.023 and 31.035, Education Code, as |
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amended by this Act, apply only to an instructional material list or |
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supplemental instructional material adopted on or after the |
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effective date of this Act. An instructional material list or |
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supplemental instructional material adopted before the effective |
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date of this Act is governed by the law in effect when the |
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instructional material list or supplemental instructional material |
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was adopted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |