Amend CSSB 1 on page III-21, in the bill pattern of the Texas Education Agency, strike Rider 41, Open Education Resource Instructional Materials and High-Quality Instructional Materials Supports, and substitute the following new rider:

41.  Open Education Resource Instructional Materials and High-Quality Instructional Materials Supports.

(a)  Out of funds appropriated above in Strategy B.2.1, Technology and Instructional Materials, the commissioner shall set aside $10,000,000 from the State Instructional Materials and Technology Fund in each fiscal year of the biennium to issue a request for proposals for state-developed open education resource instructional materials under Texas Education Code, Section 31.071. It is the intent of the legislature that the request should prioritize the procurement of:

(1)  full subject tier one instructional materials in English language arts and mathematics courses in kindergarten through grade eight;

(2)  pre-kindergarten, in subject areas related to English language arts and mathematics; and

(3)  all foundation curriculum courses in kindergarten through grade five in a manner that permits the instruction of the content to be provided in an integrated manner; and for approximately 240 minutes of instructional time per day, including time needed each day for accelerated instruction under Texas Education Code, Section 28.0211.

The commissioner shall collaborate with the commissioner of higher education to ensure that the rigor level of any state-developed open education resource instructional materials for dual credit courses is reflective of collegiate expectations.

(b)  From general revenue fund appropriations above in Strategy B.3.2, Agency Operations, the commissioner shall set aside $13,797,168 in each fiscal year of the biennium to support Open Education Resources (OER) Educator and Parent Advisory Boards and OER continuous improvement review and development.

(c)  From general revenue fund appropriations above in Strategy A.2.1, Statewide Educational Programs, the commissioner shall allocate $98,876,780 in each fiscal year of the biennium to provide funding and resources to support school systems in the use of high-quality instructional materials, including OER. From this amount, the commissioner shall set-aside and/or allocate funds for the following purposes:

(1)  $6,000,000 in each fiscal year of the biennium to provide school districts assistance in evaluating, adopting, or using instructional materials as required by Texas Education Code, Section 31.0251.

(2)  $12,050,499 in each fiscal year of the biennium for campus classroom and district-wide reviews of instructional materials as required by Texas Education Code, Section 31.0252(e).

(3)  $10,000,000 in each fiscal year of the biennium to support educator preparation programs to meet the requirements of Texas Education Code, Section 21.044(a-1)(4) and Section 31.0753 relating to required training on OER instructional materials.

(4)  $70,826,281 in each fiscal year of the biennium to support school districts in the implementation and professional development of the OER instructional materials products as required by Texas Education Code, Section 31.0752.

(d)  The commissioner shall require that any external entity developing open education resource instructional materials funded by this rider provide any data deemed necessary to assess the progress and success in developing such materials. The commissioner shall annually submit a report by September 1 to the governor, the lieutenant governor, the speaker of the house, the Legislative Budget Board, and the presiding officers of the standing committees of the legislature with primary jurisdiction over public education. The report shall include information on the number and type of open education resource instructional materials developed, use of those materials by school districts and open-enrollment charter schools, and plans for assessing the effectiveness of those materials.

(e)  Any unexpended balances as of August 31, 2026, for Items (a)-(c) above are appropriated to the Property Tax Relief Fund and may be used only to reduce the state compression percentage pursuant to Section 48.255 of the Education Code.