Bill Text: TX HB4140 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the instructional materials and technology allotment, open education resource instructional materials, and the State Board of Education long-range technology plan.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB4140 Detail]

Download: Texas-2017-HB4140-Comm_Sub.html

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85R21457 CAE-F
By: Bohac H.B. No. 4140
Substitute the following for H.B. No. 4140:
By: Bernal C.S.H.B. No. 4140

A BILL TO BE ENTITLED
AN ACT
relating to the instructional materials and technology allotment,
open education resource instructional materials, and the State
Board of Education long-range technology plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.001, Education Code, is amended to
read as follows:
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional
materials selected for use in the public schools shall be furnished
without cost to the students attending those schools. Except as
provided by Section 31.104(d), a school district may not charge a
student for instructional material or technological equipment
purchased by the district with the district's instructional
materials and technology allotment.
SECTION 2. Sections 31.002(1) and (1-a), Education Code,
are amended to read as follows:
(1) "Instructional material" means content that
conveys the essential knowledge and skills of a subject in the
public school curriculum through a medium or a combination of media
for conveying information to a student. The term includes a book,
supplementary materials, a combination of a book, workbook, and
supplementary materials, computer software, magnetic media, DVD,
CD-ROM, computer courseware, on-line services, or an electronic
medium, or other means of conveying information to the student or
otherwise contributing to the learning process through electronic
means, including open education resource [open-source]
instructional material.
(1-a) "Open education resource [Open-source]
instructional material" means teaching, learning, and research
resources that reside in the public domain or have been released
under an intellectual property license that allows for free use,
reuse, modification, and sharing with others, including full
courses, course materials, modules, textbooks, streaming videos,
tests, software, and any other tools, materials, or techniques used
to support access to knowledge [electronic instructional material
that is available for downloading from the Internet at no charge to
a student and without requiring the purchase of an unlock code,
membership, or other access or use charge, except for a charge to
order an optional printed copy of all or part of the instructional
material]. The term includes state-developed open education
resource [open-source] instructional material purchased under
Subchapter B-1.
SECTION 3. Section 31.004(b), Education Code, is amended to
read as follows:
(b) To determine whether each student has instructional
materials that cover all elements of the essential knowledge and
skills as required by Subsection (a), a school district or
open-enrollment charter school may consider:
(1) instructional materials adopted by the State Board
of Education;
(2) materials adopted or purchased by the commissioner
under Section 31.0231 or Subchapter B-1;
(3) open education resource [open-source]
instructional materials submitted by eligible institutions and
adopted by the State Board of Education under Section 31.0241;
(4) open education resource [open-source]
instructional materials made available by other public schools; and
(5) instructional materials developed or purchased by
the school district or open-enrollment charter school.
SECTION 4. Sections 31.005 and 31.021, Education Code, are
amended to read as follows:
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
An open-enrollment charter school is entitled to the instructional
materials and technology allotment under this chapter and is
subject to this chapter as if the school were a school district.
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
FUND. (a) The state instructional materials and technology fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, in accordance with Section
43.001(d); and
(2) all amounts lawfully paid into the fund from any
other source.
(c) Money in the state instructional materials and
technology fund shall be used to:
(1) fund the instructional materials and technology
allotment, as provided by Section 31.0211;
(2) purchase special instructional materials for the
education of blind and visually impaired students in public
schools;
(3) pay the expenses associated with the instructional
materials adoption and review process under this chapter;
(4) pay the expenses associated with the purchase or
licensing of open education resource [open-source] instructional
material;
(5) pay the expenses associated with the purchase of
instructional material, including intrastate freight and shipping
and the insurance expenses associated with intrastate freight and
shipping; and
(6) [fund the technology lending grant program
established under Section 32.201; and
[(7)] provide funding to the Texas School for the
Blind and Visually Impaired, the Texas School for the Deaf, and the
Texas Juvenile Justice Department.
(d) Money transferred to the state instructional materials
and technology fund remains in the fund until spent and does not
lapse to the state at the end of the fiscal year.
SECTION 5. The heading to Section 31.0211, Education Code,
is amended to read as follows:
Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT.
SECTION 6. Sections 31.0211(a), (b), and (c), Education
Code, are amended to read as follows:
(a) A school district is entitled to an allotment each
biennium from the state instructional materials and technology fund
for each student enrolled in the district on a date during the last
year of the preceding biennium specified by the commissioner. The
commissioner shall determine the amount of the allotment per
student each biennium on the basis of the amount of money available
in the state instructional materials and technology fund to fund
the allotment. An allotment under this section shall be
transferred from the state instructional materials and technology
fund to the credit of the district's instructional materials and
technology account as provided by Section 31.0212.
(b) A juvenile justice alternative education program under
Section 37.011 is entitled to an allotment from the state
instructional materials and technology fund in an amount determined
by the commissioner. The program shall use the allotment to
purchase items listed in Subsection (c) for students enrolled in
the program. The commissioner's determination under this
subsection is final and may not be appealed.
(c) Subject to Subsection (d), funds allotted under this
section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the list adopted under
Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) instructional materials for use in college
preparatory courses under Section 28.014, as provided by Section
31.031;
(F) supplemental instructional materials, as
provided by Section 31.035;
(G) state-developed open education resource
[open-source] instructional materials, as provided by Subchapter
B-1;
(H) instructional materials and technological
equipment under any continuing contracts of the district in effect
on September 1, 2011; and
(I) technological equipment necessary to support
the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use; and
(B) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning.
SECTION 7. The heading to Section 31.0212, Education Code,
is amended to read as follows:
Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ACCOUNT.
SECTION 8. Sections 31.0212(a), (b), (d), and (e),
Education Code, are amended to read as follows:
(a) The commissioner shall maintain an instructional
materials and technology account for each school district. In the
first year of each biennium, the commissioner shall deposit in the
account for each district the amount of the district's
instructional materials and technology allotment under Section
31.0211.
(b) The commissioner shall pay the cost of instructional
materials requisitioned by a school district under Section 31.103
using funds from the district's instructional materials and
technology account.
(d) Money deposited in a school district's instructional
materials and technology account during each state fiscal biennium
remains in the account and available for use by the district for the
entire biennium. At the end of each biennium, a district with
unused money in the district's account may carry forward any
remaining balance to the next biennium.
(e) The commissioner shall adopt rules as necessary to
implement this section. The rules must include a requirement that a
school district:
(1) provide the title and publication information for
any instructional materials requisitioned or purchased by the
district with the district's instructional materials and
technology allotment; and
(2) certify that the use of open education resource
instructional material was considered as required by Section
31.101(b).
SECTION 9. Section 31.0213, Education Code, is amended to
read as follows:
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
annually certify to the commissioner that the district's
instructional materials and technology allotment has been used only
for expenses allowed by Section 31.0211.
SECTION 10. Section 31.0214(a), Education Code, is amended
to read as follows:
(a) Each year the commissioner shall adjust the
instructional materials and technology allotment of school
districts experiencing high enrollment growth. The commissioner
shall establish a procedure for determining high enrollment growth
districts eligible to receive an adjustment under this section and
the amount of the instructional materials and technology allotment
those districts will receive.
SECTION 11. The heading to Section 31.0215, Education Code,
is amended to read as follows:
Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
[MATERIAL] ALLOTMENT PURCHASES.
SECTION 12. Sections 31.0215(b) and (c), Education Code,
are amended to read as follows:
(b) The commissioner may allow a school district or
open-enrollment charter school to place an order for instructional
materials before the beginning of a fiscal biennium and to receive
instructional materials before payment. The commissioner shall
limit the cost of an order placed under this section to 80 percent
of the estimated amount to which a school district or
open-enrollment charter school is estimated to be entitled as
provided by Subsection (a) and shall first credit any balance in a
district or charter school instructional materials and technology
account to pay for an order placed under this section.
(c) The commissioner shall make payments for orders placed
under this section as funds become available to the instructional
materials and technology fund and shall prioritize payment of
orders placed under this section over reimbursement of purchases
made directly by a school district or open-enrollment charter
school.
SECTION 13. Section 31.022, Education Code, is amended by
amending Subsection (d) and adding Subsections (g) and (h) to read
as follows:
(d) At least 12 months before the beginning of the school
year for which instructional materials for a particular subject and
grade level will be adopted under the review and adoption cycle, the
board shall publish notice of the review and adoption cycle for
those instructional materials. A request for production must allow
submission of open education resource [open-source] instructional
materials that are available for use by the state without charge on
the same basis as instructional materials offered for sale.
(g) In reviewing and adopting instructional materials, the
board shall consider a school district's need for technology as
well as instructional materials and in any biennium may limit the
adoption of instructional materials to provide sufficient
resources to purchase technology resources, including digital
curriculum.
(h) The board shall include information regarding open
education resource instructional materials during the adoption
cycle, including any cost savings associated with the adoption of
open education resource instructional materials.
SECTION 14. Section 31.0231(b), Education Code, is amended
to read as follows:
(b) A school district may select material on the list
adopted under Subsection (a) to be funded by the district's
instructional materials and technology allotment under Section
31.0211.
SECTION 15. The heading to Section 31.0241, Education Code,
is amended to read as follows:
Sec. 31.0241. ADOPTION OF OPEN EDUCATION RESOURCE
[OPEN-SOURCE] INSTRUCTIONAL MATERIALS.
SECTION 16. Section 31.0241(b), Education Code, is amended
to read as follows:
(b) The State Board of Education shall place open education
resource [open-source] instructional material for a
secondary-level course submitted for adoption by an eligible
institution on the list adopted under Section 31.023 if:
(1) the instructional material is written, compiled,
or edited primarily by faculty of the eligible institution who
specialize in the subject area of the instructional material;
(2) the eligible institution identifies each
contributing author;
(3) the appropriate department of the eligible
institution certifies the instructional material for accuracy; and
(4) the eligible institution determines that the
instructional material qualifies for placement on the list based on
the extent to which the instructional material covers the essential
knowledge and skills identified under Section 28.002 for the
subject for which the instructional material is written and
certifies that:
(A) for instructional material for a
senior-level course, a student who successfully completes a course
based on the instructional material will be prepared, without
remediation, for entry into the eligible institution's
freshman-level course in that subject; or
(B) for instructional material for a
junior-level and senior-level course, a student who successfully
completes the junior-level course based on the instructional
material will be prepared for entry into the senior-level course.
SECTION 17. Section 31.0242, Education Code, is amended to
read as follows:
Sec. 31.0242. REVIEW OF OPEN EDUCATION RESOURCE
[OPEN-SOURCE] INSTRUCTIONAL MATERIAL. Not later than the 90th day
after the date open education resource [open-source] instructional
material is submitted as provided by Section 31.0241, the State
Board of Education may review the instructional material. The
board shall:
(1) post with the list adopted under Section 31.023
comments made by the board regarding the open education resource
[open-source] instructional material placed on the list; and
(2) distribute board comments to school districts.
SECTION 18. Section 31.026(d), Education Code, is amended
to read as follows:
(d) This section does not apply to open education resource
[open-source] instructional material.
SECTION 19. Section 31.0261, Education Code, is amended to
read as follows:
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN EDUCATION
RESOURCE [OPEN-SOURCE] INSTRUCTIONAL MATERIALS. The State Board of
Education may execute a contract for the printing of open education
resource [open-source] instructional materials placed on the list
adopted under Section 31.023. The contract must allow a school
district to requisition printed copies of open education resource
[open-source] instructional materials as provided by Section
31.103.
SECTION 20. Section 31.027(c), Education Code, is amended
to read as follows:
(c) This section does not apply to open education resource
[open-source] instructional material.
SECTION 21. Section 31.029(a), Education Code, is amended
to read as follows:
(a) A school district shall purchase with the district's
instructional materials and technology allotment or otherwise
acquire instructional materials for use in bilingual education
classes.
SECTION 22. Section 31.031(a), Education Code, is amended
to read as follows:
(a) A school district may purchase with the district's
instructional materials and technology allotment or otherwise
acquire instructional materials for use in college preparatory
courses under Section 28.014.
SECTION 23. The heading to Subchapter B-1, Chapter 31,
Education Code, is amended to read as follows:
SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCE
[OPEN-SOURCE] INSTRUCTIONAL MATERIALS
SECTION 24. Sections 31.071 and 31.072, Education Code, are
amended to read as follows:
Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may
purchase state-developed open education resource [open-source]
instructional materials in accordance with this subchapter.
(b) The commissioner:
(1) shall purchase any state-developed open education
resource [open-source] instructional materials through a
competitive process; and
(2) may purchase more than one state-developed open
education resource [open-source] instructional material for a
subject or grade level.
(c) State-developed open education resource [open-source]
instructional material must be irrevocably owned by or licensed to
the state for use in the applicable subject or grade level. The
state must have unlimited authority to modify, delete, combine, or
add content to the instructional material after purchase.
(d) The commissioner may issue a request for proposals for
state-developed open education resource [open-source]
instructional material:
(1) in accordance with the instructional material
review and adoption cycle under Section 31.022; or
(2) at any other time the commissioner determines that
a need exists for additional instructional material options.
(e) The costs of administering this subchapter and
purchasing state-developed open education resource [open-source]
instructional materials shall be paid from the state instructional
materials and technology fund, as determined by the commissioner.
Sec. 31.072. CONTENT REQUIREMENTS. (a) State-developed
open education resource [open-source] instructional material must:
(1) be evaluated by teachers or other experts, as
determined by the commissioner, before purchase; and
(2) meet the requirements for inclusion on the
instructional material list adopted under Section 31.023.
(b) Following a curriculum revision by the State Board of
Education, the commissioner shall require the revision of
state-developed open education resource [open-source]
instructional material relating to that curriculum. The
commissioner may, at any time, require an additional revision of
state-developed open education resource [open-source]
instructional material or contract for ongoing revisions of
state-developed open education resource [open-source]
instructional material for a period not to exceed the period under
Section 31.022 for which instructional material for that subject
and grade level may be adopted. The commissioner shall use a
competitive process to request proposals to revise state-developed
open education resource [open-source] instructional material under
this subsection.
SECTION 25. Sections 31.073, 31.074, and 31.075, Education
Code, are amended to read as follows:
Sec. 31.073. SELECTION BY SCHOOL DISTRICT. (c)
Notwithstanding Section 31.022, a school district or
open-enrollment charter school may adopt state-developed open
education resource [open-source] instructional material at any
time, regardless of the instructional material review and adoption
cycle under that section.
(d) A school district or open-enrollment charter school may
not be charged for selection of state-developed open education
resource [open-source] instructional material in addition to
instructional material adopted under Subchapter B.
Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
provide for the distribution of state-developed open education
resource [open-source] instructional materials in a manner
consistent with distribution of instructional materials adopted
under Subchapter B.
(b) The commissioner may use a competitive process to
contract for printing or other reproduction of state-developed open
education resource [open-source] instructional material on behalf
of a school district or open-enrollment charter school. The
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 state-developed open education
resource [open-source] instructional material.
Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed
open education resource [open-source] instructional material is
the property of the state.
(b) The 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 state-developed open education
resource [open-source] instructional material.
(c) The commissioner may provide a license to use
state-developed open education resource [open-source]
instructional material to an entity not listed in Subsection (b).
In determining the cost of a license under this subsection, the
commissioner shall seek, to the extent feasible, to recover the
costs of developing, revising, and distributing state-developed
open education resource [open-source] instructional materials.
SECTION 26. Section 31.076(b), Education Code, is amended
to read as follows:
(b) A decision by the commissioner regarding the purchase,
revision, cost, or distribution of state-developed open education
resource [open-source] instructional material is final and may not
be appealed.
SECTION 27. Section 31.077, Education Code, is amended to
read as follows:
Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall
develop a schedule for the adoption of state-developed open
education resource [open-source] instructional materials under
this subchapter. In developing the adoption schedule under this
section, the commissioner shall consider:
(1) the availability of funds;
(2) the existing instructional material adoption
cycles under Subchapter B; and
(3) the availability of instructional materials for
development or purchase by the state.
SECTION 28. Section 31.101, Education Code, is amended by
adding Subsection (b) and amending Subsection (f) to read as
follows:
(b) In selecting instructional material each year, a school
district or open-enrollment charter school must consider the use of
open education resource instructional materials and must certify to
the State Board of Education that the district considered the
selection of open education resource instructional materials.
(f) The commissioner shall maintain an online requisition
system for school districts to requisition instructional materials
to be purchased with the district's instructional materials and
technology allotment.
SECTION 29. Section 31.103(d), Education Code, is amended
to read as follows:
(d) A school district or open-enrollment charter school
that selects open education resource [open-source] instructional
material shall requisition a sufficient number of printed copies
for use by students unable to access the instructional material
electronically unless the district or school provides to each
student:
(1) electronic access to the instructional material at
no cost to the student; or
(2) printed copies of the portion of the instructional
material that will be used in the course.
SECTION 30. Sections 31.104(b), (g), and (h), Education
Code, are amended to read as follows:
(b) A school district or open-enrollment charter school may
order replacements for instructional materials that have been lost
or damaged directly from the publisher of the instructional
materials or any source for a printed copy of open education
resource [open-source] instructional material.
(g) At the end of the school year for which open education
resource [open-source] instructional material that a school
district or open-enrollment charter school does not intend to use
for another student is distributed, the printed copy of the open
education resource [open-source] instructional material becomes
the property of the student to whom it is distributed.
(h) This section does not apply to an electronic copy of
open education resource [open-source] instructional material.
SECTION 31. Sections 31.151(d) and (e), Education Code, are
amended to read as follows:
(d) A penalty collected under this section shall be
deposited to the credit of the state instructional materials and
technology fund.
(e) An eligible institution, as defined by Section
31.0241(a), that offers open education resource [open-source]
instructional materials under Section 31.0241 is not a publisher or
manufacturer for purposes of this section.
SECTION 32. Section 32.001(b), Education Code, is amended
to read as follows:
(b) The State Board of Education shall update [as necessary]
the plan developed under Subsection (a) at least every five years.
SECTION 33. Section 41.124(c), Education Code, is amended
to read as follows:
(c) A school district that receives tuition for a student
from a school district with a wealth per student that exceeds the
equalized wealth level may not claim attendance for that student
for purposes of Chapters 42 and 46 and the instructional materials
and technology allotment under Section 31.0211.
SECTION 34. Section 43.001(d), Education Code, is amended
to read as follows:
(d) Each biennium the State Board of Education shall set
aside an amount equal to 50 percent of the distribution for that
biennium from the permanent school fund to the available school
fund as provided by Section 5(a), Article VII, Texas Constitution,
to be placed, subject to the General Appropriations Act, in the
state instructional materials and technology fund established
under Section 31.021.
SECTION 35. Section 403.093(d), Government Code, is amended
to read as follows:
(d) The comptroller shall transfer from the general revenue
fund to the foundation school fund an amount of money necessary to
fund the foundation school program as provided by Chapter 42,
Education Code. The comptroller shall make the transfers in
installments as necessary to comply with Section 42.259, Education
Code, and permit the Texas Education Agency, to the extent
authorized by the General Appropriations Act, to make temporary
transfers from the foundation school fund for payment of the
instructional materials and technology allotment under Section
31.0211, Education Code. Unless an earlier date is necessary for
purposes of temporary transfers for payment of the instructional
materials and technology allotment, an installment must be made not
earlier than two days before the date an installment to school
districts is required by Section 42.259, Education Code, and must
not exceed the amount necessary for that payment and any temporary
transfers for payment of the instructional materials and technology
allotment.
SECTION 36. 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, this Act takes effect September 1, 2017.