Bill Text: TX SB2565 | 2023-2024 | 88th Legislature | Engrossed

Bill Title: Relating to instructional material and technology, the adoption of essential knowledge and skills for certain public school foundation curriculum subjects, and creating allotments for the procurement of certain instructional materials under the Foundation School Program; authorizing a fee.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Engrossed - Dead) 2023-04-27 - Referred to Public Education [SB2565 Detail]

Download: Texas-2023-SB2565-Engrossed.html
 
 
  By: Creighton, et al. S.B. No. 2565
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to instructional material and technology, the adoption of
  essential knowledge and skills for certain public school foundation
  curriculum subjects, and creating allotments for the procurement of
  certain instructional materials under the Foundation School
  Program; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.164, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The board of trustees of each school district shall
  limit redundant requests for information and the number and length
  of written reports that a classroom teacher is required to prepare.
  A classroom teacher may not be required to prepare any written
  information other than:
               (1)  any report concerning the health, safety, or
  welfare of a student;
               (2)  a report of a student's grade on an assignment or
  examination;
               (3)  a report of a student's academic progress in a
  class or course;
               (4)  a report of a student's grades at the end of each
  grade reporting period;
               (5)  a report on instructional materials;
               (6)  subject to Subsection (a-1), a unit or weekly
  lesson plan that outlines, in a brief and general manner, the
  information to be presented during each period at the secondary
  level or in each subject or topic at the elementary level;
               (7)  an attendance report;
               (8)  any report required for accreditation review;
               (9)  any information required by a school district that
  relates to a complaint, grievance, or actual or potential
  litigation and that requires the classroom teacher's involvement;
  or
               (10)  any information specifically required by law,
  rule, or regulation.
         (a-1)  A unit or weekly lesson plan that is included in
  instructional material, as defined by Section 31.002, and adopted
  by the board of trustees of the school district at which a teacher
  is employed is sufficient to satisfy a requirement to prepare
  written information described by Subsection (a)(6).
         SECTION 2.  Section 21.044, Education Code, is amended by
  amending Subsection (a-1) and adding Subsection (h) to read as
  follows:
         (a-1)  Any training requirements for a certificate specified
  under Subsection (a) must require that the person demonstrate:
               (1)  basic knowledge of:
                     (A)  each disability category under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) and how each category can affect student learning and
  development; and
                     (B)  conditions that may be considered a
  disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
  Section 794), and how a condition covered by that section can affect
  student learning and development;
               (2)  competence in the use of proactive instructional
  planning techniques that:
                     (A)  provide flexibility in the ways:
                           (i)  information is presented;
                           (ii)  students respond or demonstrate
  knowledge and skills; and
                           (iii)  students are engaged;
                     (B)  reduce barriers in instruction;
                     (C)  provide appropriate accommodations,
  supports, and challenges; and
                     (D)  maintain high achievement expectations for
  all students, including students with disabilities and students of
  limited English proficiency; [and]
               (3)  competence in the use of evidence-based inclusive
  instructional practices, including:
                     (A)  general and special education collaborative
  and co-teaching models and approaches;
                     (B)  multitiered systems of support, including
  response to intervention strategies, classroom and school level
  data-based collaborative structures, and evidence-based strategies
  for intervention and progress monitoring systems in academic areas;
                     (C)  classroom management techniques using
  evidence-based behavioral intervention strategies and supports;
  and
                     (D)  appropriate adaptation strategies, including
  accommodations, modifications, and instruction in the use of
  assistive technology for instruction; and
               (4)  thorough understanding of and competence in the
  use of open education resource instructional materials included on
  the list of approved instructional materials maintained by the
  State Board of Education under Section 31.022 in each subject area
  and grade level covered by the person's certificate.
         (h)  An educator preparation program may not include
  instruction on the use of instructional materials that incorporates
  the method of three-cueing, as defined by Section 28.0062(a-1),
  into foundational skills reading instruction.
         SECTION 3.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.4045 to read as follows:
         Sec. 21.4045.  PLANNING AND NONINSTRUCTIONAL DUTIES OF
  TEACHERS. (a) A school district may permit, but may not require, a
  classroom teacher for a foundation curriculum course to spend
  planning and preparation time to which the teacher is entitled
  under Section 21.404 creating or selecting instructional materials
  to initially cover the applicable essential knowledge and skills
  for the course unless the contract under which the teacher is
  employed explicitly states that the teacher is responsible for
  duties relating to initial lesson plan design or instructional
  material selection.
         (b)  A contract between a school district and a classroom
  teacher under which a teacher is assigned responsibility for duties
  unrelated to providing instruction and that requires the teacher to
  work a greater number of hours than the number of hours worked by
  other full-time teachers of the same grade level in the district
  must explicitly state each of the teacher's duties unrelated to
  providing instruction.
         SECTION 4.  Subchapter B, Chapter 22, Education Code, is
  amended by adding Section 22.05125 to read as follows:
         Sec. 22.05125.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
  CLASSROOM TEACHERS. (a) In this section, "disciplinary
  proceeding" has the meaning assigned by Section 22.0512.
         (b)  A classroom teacher employed by a school district may
  not be subject to disciplinary proceedings for an allegation that
  the teacher violated Section 28.0022, the Establishment Clause of
  the First Amendment of the United States Constitution, or a related
  state or federal law if:
               (1)  the teacher used only instructional material
  included on the list of approved instructional material maintained
  by the State Board of Education under Section 31.022 and adopted by
  the district; and
               (2)  the allegation does not dispute that the teacher
  delivered instruction from instructional material described by
  Subdivision (1) with fidelity.
         (c)  The immunity provided by Subsection (b) is in addition
  to any other immunity provided by law. This section may not be
  construed to interfere with any other immunity provided by law.
         SECTION 5.  Section 26.006, Education Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (f) to
  read as follows:
         (b)  A school district shall make teaching materials and
  tests readily available for review by parents both in person and, if
  applicable and subject to denial under Section 31.154(e), through
  an instructional materials parent portal established under Section
  31.154. In providing access to instructional materials to a
  student's parent under this section, the district shall:
               (1)  allow access beginning not later than 30 days
  before the school year begins and concluding not earlier than 30
  days after the school year ends; and
               (2)  include, for the entire period specified in
  Subdivision (1), access to all instructional materials that pertain
  to each subject area in the grade level in which the student is
  enrolled, except for:
                     (A)  tests or exams that have not yet been
  administered to the student; and
                     (B)  the student's graded assignments.
         (b-1)  The district may specify reasonable hours for
  in-person review.
         (f)  A school district that denies a parent access to an
  instructional materials parent portal under Section 31.154(e) must
  permit the parent to appeal the denial to the board of trustees of
  the school district.
         SECTION 6.  Chapter 26, Education Code, is amended by adding
  Section 26.0061 to read as follows:
         Sec. 26.0061.  RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
  REVIEW. (a) The board of trustees of each school district shall
  establish a process by which a parent of a student, as indicated on
  the student registration form at the student's campus, may request
  an instructional material review under Section 31.0252 for a
  subject area in the grade level in which the student is enrolled.
         (b)  A process established under Subsection (a):
               (1)  may not require more than one parent of a student
  to make the request;
               (2)  must provide for the board of trustees of the
  school district to determine if the request will be granted, either
  originally or through an appeal process; and
               (3)  may permit the requesting parent to review the
  instructional material directly before the district conducts an
  instructional material review under Section 31.0252.
         (c)  If the parents of at least 25 percent of the students
  enrolled at a campus present to the board of trustees of the school
  district in which the campus is located a petition for the board to
  conduct an instructional material review under Section 31.0252, the
  board shall, subject to Subsection (d), conduct the review, unless
  the petition is presented by the parents of less than 50 percent of
  the students enrolled at the campus and, by a majority vote, the
  board denies the request. A review conducted under this subsection
  shall include a review of instructional materials for each subject
  area or grade level specified in the petition.
         (d)  The board of trustees of a school district is not
  required to conduct a review under this section for a specific
  subject area or grade level at a specific district campus more than
  once per school year.
         (e)  Parental access to instructional material provided by
  an instructional material review conducted under this section is in
  addition to any other right to access instructional material
  granted by this title or school district policy.
         (f)  The State Board of Education may adopt rules to
  implement this section.
         SECTION 7.  Section 28.002, Education Code, is amended by
  adding Subsections (c-4) and (c-5) to read as follows:
         (c-4)  In adopting essential knowledge and skills for
  English language arts under Subsection (a)(1)(A), the State Board
  of Education shall specify a list of required vocabulary and at
  least one literary work to be taught in each grade level. The
  vocabulary specified by the board must support the essential
  knowledge and skills adopted for other courses offered under the
  foundation curriculum under Subsection (a)(1).
         (c-5)  The State Board of Education shall initiate the
  process of specifying an initial list of vocabulary and literary
  works as required by Subsection (c-4) not later than February 1,
  2024. The State Board of Education shall request from the agency
  recommendations regarding the list, and that request for
  recommendations may be considered an initiation of the process.
  This subsection expires September 1, 2025.
         SECTION 8.  The heading to Section 28.0027, Education Code,
  is amended to read as follows:
         Sec. 28.0027.  DISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,
  AND INSTRUCTIONAL MATERIAL.
         SECTION 9.  Sections 28.0027(a) and (b), Education Code, are
  amended to read as follows:
         (a)  In adopting a recommended or designated scope and
  sequence or instructional materials for a subject in the required
  curriculum under Section 28.002(a) in a particular grade level, a
  school district shall ensure sufficient time is provided for
  teachers to teach and students to learn the essential knowledge and
  skills for that subject and grade level.
         (b)  Except as provided by Subsection (c), a school district
  may not penalize a teacher who does not follow the pacing of [a]
  recommended or designated instructional materials or the pacing of
  the recommended or designated scope and sequence for a subject in
  the required curriculum under Section 28.002(a) in a particular
  grade level based on the teacher's determination that the teacher's
  students need more or less time in a specific area to demonstrate
  proficiency in the essential knowledge and skills for that subject
  and grade level.
         SECTION 10.  Section 28.0062, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In this subsection, "three-cueing" means a method of
  reading instruction for identification of words by which a student
  is encouraged to draw on context and sentence structure to read
  words without sounding the words out or using a phonics-based
  approach.  A school district or open-enrollment charter school may
  not include any instruction that incorporates three-cueing in the
  phonics curriculum required under Subsection (a)(1).
         SECTION 11.  The heading to Chapter 31, Education Code, is
  amended to read as follows:
  CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
         SECTION 12.  Section 31.002, Education Code, is amended by
  amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
  (1-c), and (3) to read as follows:
               (1)  "Full subject tier one instructional material"
  means instructional material designed to, if implemented as
  designed, provide a student with mastery of the essential knowledge
  and skills adopted by the board for a certain subject and grade
  level in the required curriculum under Section 28.002 or for
  prekindergarten without the need for supplementation.
               (1-a)  "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)  material used by a teacher, including a
  lesson plan, answer key, grading rubric, or unit plan;
                     (B)  material used by a principal or campus
  instructional leader to support instruction; and
                     (C)  material used by a student, including 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 instructional material.
               (1-b) [(1-a)]  "Open education resource 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. [The term includes state-developed
  open education resource instructional material purchased under
  Subchapter B-1.]
               (1-c)  "Partial subject tier one instructional
  material" means instructional material designed to, if implemented
  as designed, provide a student with mastery in a portion of the
  essential knowledge and skills adopted by the State Board of
  Education for a certain subject and grade level in the required
  curriculum under Section 28.002 or for prekindergarten without the
  need for supplementation in the essential knowledge and skills
  covered.
               (3)  "Supplemental instructional material" means
  instructional material designed to assist in the instruction of one
  or more of the essential knowledge and skills adopted by the State
  Board of Education for a subject in the required curriculum under
  Section 28.002 or for prekindergarten.
         SECTION 13.  Section 31.003, Education Code, is amended to
  read as follows:
         Sec. 31.003.  RULES. (a) The State Board of Education may
  adopt rules, consistent with this chapter, for the adoption,
  requisition, distribution, care, use, and disposal of
  instructional materials.
         (b)  The commissioner may adopt rules, consistent with this
  chapter, as necessary to implement any provision of this chapter.
         SECTION 14.  Subchapter A, Chapter 31, Education Code, is
  amended by adding Section 31.006 to read as follows:
         Sec. 31.006.  ADVISORY COMMITTEE. The State Board of
  Education or the agency may form an advisory committee to comply
  with the provisions of this chapter. Chapter 2110, Government
  Code, does not apply to an advisory committee formed under this
  section.
         SECTION 15.  Chapter 31, Education Code, is amended by
  adding Subchapter A-1, and a heading is added to that subchapter to
  read as follows:
  SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND
  TECHNOLOGY
         SECTION 16.  Section 31.005, Education Code, is transferred
  to Subchapter A-1, Chapter 31, Education Code, as added by this Act,
  and redesignated as Section 31.0205 to read as follows:
         Sec. 31.0205  [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.
         SECTION 17.  Sections 31.021, 31.0212, 31.0214, and 31.0215,
  Education Code, are transferred to Subchapter A-1, Chapter 31,
  Education Code, as added by this Act, and amended to read as
  follows:
         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 and Internet website
  maintained under this chapter;
               (4)  pay the expenses associated with the purchase,
  [or] licensing, printing, or other reproduction of open education
  resource instructional material;
               (5)  pay the expenses associated with the purchase of
  instructional material, including freight and shipping and the
  insurance expenses associated with freight and shipping;
               (6)  fund the technology lending grant program
  established under Section 32.301; 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[; and
               [(8)  pay the expenses associated with the
  instructional materials web portal developed under Section
  31.081].
         (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.
         Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ACCOUNT. (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.
         (c)  [A school district may also use funds in the district's
  account to purchase electronic instructional materials or
  technological equipment. The district shall submit to the
  commissioner a request for funds for this purpose from the
  district's account. The commissioner shall adopt rules regarding
  the documentation a school district must submit to receive funds
  under this subsection.
         [(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.
         (d)  A [(e)  The commissioner shall adopt rules as necessary
  to implement this section. The rules must include a requirement
  that a] school district shall provide to the agency the title and
  publication information for any instructional materials
  requisitioned or purchased by the district with the district's
  instructional materials and technology allotment.
         (e)  The agency shall provide for the development and
  maintenance of an online requisition and disbursement system for
  each school district's instructional materials and technology
  account.
         Sec. 31.0214.  ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
  DISTRICTS. [(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.
         [(b)  The commissioner may adopt rules as necessary to
  implement this section.]
         Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ALLOTMENT PURCHASES. (a) The commissioner shall, as early as
  practicable during each biennium, notify each school district and
  open-enrollment charter school of the estimated amount to which the
  district or charter school will be entitled under Section 31.0211
  during the next fiscal biennium.
         (b)  The commissioner shall [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.
         (d)  The commissioner shall ensure that publishers of
  instructional materials are informed of any potential delay in
  payment and that payment is subject to the availability of
  appropriated funds. A publisher may decline to accept an order
  placed under this section.
         (e)  Chapter 2251, Government Code, does not apply to
  purchases of instructional materials under this section.
         [(f)  The commissioner may adopt rules to implement this
  section.]
         SECTION 18.  Section 31.0211, Education Code, as amended by
  Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th
  Legislature, Regular Session, 2021, is transferred to Subchapter
  A-1, Chapter 31, Education Code, as added by this Act, reenacted,
  and amended to read as follows:
         Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ALLOTMENT. (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)  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 of approved
  instructional materials maintained by the State Board of Education
  under Section 31.022 [adopted under Section 31.024];
                     (B) [(C)]  consumable instructional materials,
  including workbooks;
                     (C) [(D)]  instructional materials for use in
  bilingual education classes, as provided by Section 31.029;
                     (D) [(E)]  instructional materials for use in
  college preparatory courses under Section 28.014, as provided by
  Section 31.031;
                     (E) [(F)]  supplemental instructional materials
  [, as provided by Section 31.035];
                     (F)  [(G)  state-developed] open education
  resource instructional materials, as provided by Subchapter B-1;
                     (G) [(H)]  instructional materials and
  technological equipment under any continuing contracts of the
  district in effect on September 1, 2011;
                     (H) [(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;
                     (I) [(J)]  inventory software or systems for
  storing, managing, and accessing instructional materials and
  analyzing the usage and effectiveness of the instructional
  materials; and
                     (J) [(K)]  services, equipment, and technology
  infrastructure necessary to ensure Internet connectivity and
  adequate bandwidth; 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;
                     (B)  for training personnel in the electronic
  administration of assessment instruments; [and]
                     (C)  the salary and other expenses of an employee
  who provides technical support for the use of technological
  equipment directly involved in student learning; and
                     (D) [(C)]  for costs associated with distance
  learning, including Wi-Fi, Internet access hotspots, wireless
  network service, broadband service, and other services and
  technological equipment necessary to facilitate Internet access.
         (d)  [Each biennium the commissioner shall assess the
  technology needs for all school districts and provide an estimate
  of the cost for these resources to the State Board of Education.
         [(d-1)]  In purchasing technological equipment, a school
  district shall:
               (1)  secure technological solutions that meet the
  varying and unique needs of students and teachers in the district;
  and
               (2)  consider:
                     (A)  the long-term cost of ownership; and
                     (B)  flexibility for innovation.
         (e)  Not later than May 31 of each school year, a school
  district may request that the commissioner adjust the number of
  students for which the district is entitled to receive an allotment
  under Subsection (a) on the grounds that the number of students
  attending school in the district will increase or decrease during
  the school year for which the allotment is provided. The
  commissioner may also adjust the number of students for which a
  district is entitled to receive an allotment, without a request by
  the district, if the commissioner determines a different number of
  students is a more accurate reflection of students who will be
  attending school in the district. The commissioner's determination
  under this subsection is final.
         (f)  Funds allotted under this section may not be used to
  purchase instructional material that contains obscene or harmful
  content or would otherwise cause the school district to which the
  funds were allotted to be unable to submit the certification
  required under Section 31.1011(a)(1)(B) [The commissioner may
  adopt rules as necessary to implement this section].
         SECTION 19.  Subchapter A-1, Chapter 31, Education Code, as
  added by this Act, is amended by adding Section 31.0216 to read as
  follows:
         Sec. 31.0216.  AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS
  AND TECHNOLOGY. (a) From funds appropriated for the purpose, the
  agency may contract directly, including by extending a contract,
  for the purchase of instructional materials and technology for use
  by school districts.
         (b)  The provisions of Chapter 2157, Government Code,
  requiring a state agency to use a contract or contract terms
  developed or preapproved by the Department of Information Resources
  do not apply to a contract entered into under this section, but the
  agency may participate in a program authorized by that chapter.
         SECTION 20.  The heading to Subchapter B, Chapter 31,
  Education Code, is amended to read as follows:
  SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION[, AND PURCHASE]
         SECTION 21.  The heading to Section 31.022, Education Code,
  is amended to read as follows:
         Sec. 31.022.  STATE BOARD OF EDUCATION INSTRUCTIONAL
  MATERIALS REVIEW AND APPROVAL [ADOPTION].
         SECTION 22.  Section 31.022, Education Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsection
  (c-1) to read as follows:
         (a)  The State Board of Education shall [adopt a] review [and
  adoption cycle for] instructional materials provided to the board
  by the agency under Section 31.023. Before approving instructional
  material, the board must determine that the material is free from
  factual error and suitable for the subject and grade level for which
  the material is designed, and, if the material is intended to cover
  the foundational skills reading curriculum in kindergarten through
  third grade, does not include three-cueing, as defined by Section
  28.0062(a-1). The board shall add each material approved under
  this section to a list of approvedinstructionalmaterials and may
  add a material not approved under this section to a list of rejected
  instructional materials [for elementary grade levels, including
  prekindergarten, and secondary grade levels, for each subject in
  the required curriculum under Section 28.002. In adopting the
  cycle, the board:
               [(1)  is not required to review and adopt instructional
  materials for all grade levels in a single year; and
               [(2)  shall give priority to instructional materials in
  the following subjects:
                     [(A)  foundation curriculum subjects for which
  the essential knowledge and skills have been substantially revised
  and for which assessment instruments are required under Subchapter
  B, Chapter 39, including career and technology courses that satisfy
  foundation curriculum requirements as provided by Section
  28.002(n);
                     [(B)  foundation curriculum subjects for which
  the essential knowledge and skills have been substantially revised,
  including career and technology courses that satisfy foundation
  curriculum requirements as provided by Section 28.002(n);
                     [(C)  foundation curriculum subjects not
  described by Paragraph (A) or (B), including career and technology
  courses that satisfy foundation curriculum requirements as
  provided by Section 28.002(n); and
                     [(D)  enrichment curriculum subjects].
         (b)  [The board shall organize the cycle for subjects in the
  foundation curriculum so that not more than one-fourth of the
  instructional materials for subjects in the foundation curriculum
  are reviewed each biennium.] The State Board of Education may adopt
  criteria necessary for approval of instructional material under
  Subsection (a) and may require:
               (1)  all instructional material submitted as full
  subject tier one instructional material to cover a minimum
  percentage, as determined by the board, of the essential knowledge
  and skills adopted for the subject and grade level for which the
  material is designed;
               (2)  electronic samples of the material;
               (3)  certain physical specifications; and
               (4)  the instructional material to not contain obscene
  or harmful content and otherwise be compatible with certification
  requirements under Section 31.1011(a)(1)(B) [board shall adopt
  rules to provide for a full and complete investigation of
  instructional materials for each subject in the foundation
  curriculum every eight years.  The adoption of instructional
  materials for a subject in the foundation curriculum may be
  extended beyond the eight-year period only if the content of
  instructional materials for a subject is sufficiently current].
         (c)  The State Board of Education may remove instructional
  material from the list of approved instructional materials under
  this section if the essential knowledge and skills intended to be
  covered by the material are revised or the material is revised
  without the approval of the board [board shall adopt rules to
  provide for a full and complete investigation of instructional
  materials for each subject in the enrichment curriculum on a cycle
  the board considers appropriate].
         (c-1)  If the State Board of Education intends to remove an
  instructional material from the list of approved instructional
  materials under Subsection (c) because the board plans to revise
  the essential knowledge and skills intended to be covered by the
  material, the board shall issue a proclamation requesting the
  revision of the applicable instructional materials and shall, not
  later than December 1 of the year preceding the school year for
  which the revision will take effect, provide to each school
  district the updated list of approved instructional materials for
  the relevant subject or grade level.
         (d)  The State Board of Education shall indicate whether each
  instructional material reviewed under Subsection (a) is capable of
  being made available through an instructional materials parent
  portal established under Section 31.154 [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 instructional materials that are available for use by the
  state without charge on the same basis as instructional materials
  offered for sale].
         SECTION 23.  Section 31.023, Education Code, is amended to
  read as follows:
         Sec. 31.023.  INSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)
  The commissioner shall establish, in consultation and with the
  approval of the State Board of Education, a process for the annual
  review of instructional materials by the agency. The process
  established under this subsection must:
               (1)  establish a process for the agency to select
  instructional materials for review that includes:
                     (A)  evaluating requests for review of
  instructional materials submitted to the agency by:
                           (i)  a school district;
                           (ii)  a majority of the members of the State
  Board of Education; or
                           (iii)  a publisher of instructional
  material;
                     (B)  reviewing instructional materials
  requisitioned or purchased under Section 31.0212; and
                     (C)  reviewing instructional materials using a
  time frame appropriate for the proclamation requesting the revision
  of the instructional materials under Section 31.022(c-1) to address
  revisions made by the State Board of Education to the essential
  knowledge and skills for a particular subject or grade level;
               (2)  describe the types of instructional materials the
  agency may review, including:
                     (A)  partial subject tier one instructional
  material, including those designed for use in the phonics
  curriculum required under Section 28.0062(a)(1);
                     (B)  open education resource instructional
  material;
                     (C)  instructional materials developed by a
  school district and submitted to the agency by the district for
  review; and
                     (D)  commercially available full subject tier one
  instructional material;
               (3)  establish procedures for the agency to conduct
  reviews of instructional materials, including:
                     (A)  the use of a rubric approved under Subsection
  (b); and
                     (B)  consultation with classroom teachers and
  other curriculum experts for the appropriate subject and grade
  level; and
               (4)  ensure the procedures for review allow the agency
  to review at least 200 individual instructional materials each year
  [For each subject and grade level, the State Board of Education
  shall adopt a list of instructional materials.  The list includes
  each instructional material submitted for the subject and grade
  level that meets applicable physical specifications adopted by the
  State Board of Education and contains material covering at least
  half of the elements of the essential knowledge and skills of the
  subject and grade level in the student version of the instructional
  material, as well as in the teacher version of the instructional
  material, as determined by the State Board of Education under
  Section 28.002 and adopted under Section 31.024].
         [(a-1)  The State Board of Education shall determine the
  percentage of the elements of the essential knowledge and skills of
  the subject and grade level covered by each instructional material
  submitted.  The board's determination under this subsection is
  final.]
         (b)  In conducting a review under this section, the agency
  must use a rubric developed by the agency in consultation with and
  approved by the State Board of Education that includes, with
  respect to the instructional material being reviewed, a
  determination of:
               (1)  whether the material is free from factual error
  and satisfies the criteria adopted by the board under Section
  31.022;
               (2)  the quality of the material;
               (3)  the essential knowledge and skills for the subject
  and grade level for which the material was developed that are
  covered by the material, including identification of:
                     (A)  each essential knowledge and skill covered by
  the material;
                     (B)  for a full subject tier one instructional
  material, the percentage of the essential knowledge and skills
  adopted for the subject and grade level covered by the material; and
                     (C)  for a partial subject tier one instructional
  material, the percentage of the essential knowledge and skills for
  the relevant portion of the subject and grade level covered by the
  material; and
               (4)  whether the material contains obscene or harmful
  content or is otherwise incompatible with certification
  requirements under Section 31.1011(a)(1)(B) [Each instructional
  material on the list must be:
               [(1)  free from factual errors;
               [(2)  suitable for the subject and grade level for
  which the instructional material was submitted; and
               [(3)  reviewed by academic experts in the subject and
  grade level for which the instructional material was submitted].
         (c)  After completing a review under this section, the agency
  shall provide the results of the review and any related
  recommendations to the State Board of Education for approval or
  rejection of the instructional material and the inclusion of the
  instructional material on a list maintained by the State Board of
  Education under Section 31.022.
         (d)  The agency shall use funds appropriated to the agency
  for the purposes of reviewing instructional material or available
  in the state instructional materials and technology fund for
  purposes of implementing this section.
         (e)  A process established under Subsection (a) or a rubric
  developed under Subsection (b) is automatically approved by the
  State Board of Education if not rejected by the board before the
  91st day after the date the agency submits the item to the board.
         SECTION 24.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Sections 31.025, 31.0251, and 31.0252 to read as
  follows:
         Sec. 31.025.  INSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)
  The agency shall develop and maintain an instructional material
  Internet website to assist school districts in locating and
  selecting instructional material.
         (b)  For each instructional material included, the Internet
  website developed and maintained under this section shall provide:
               (1)  the price of the material;
               (2)  the technological requirements needed to use the
  material;
               (3)  the results of an agency review of the material
  conducted under Section 31.023;
               (4)  a statement of whether the material is included on
  the list of approved instructional materials maintained by the
  State Board of Education under Section 31.022 or has been rejected
  by the board; and
               (5)  any other information the agency determines
  relevant to a school district's selection of instructional
  material.
         (c)  The Internet website developed and maintained under
  this section must include the repository of open education resource
  instructional material required by Section 31.0722.
         (d)  The agency shall use funds appropriated to the agency
  for the purposes of reviewing instructional material or available
  in the state instructional materials and technology fund for
  purposes of implementing this section.
         Sec. 31.0251.  INSTRUCTIONAL MATERIAL SUPPORT. (a) On
  request of a school district, the agency shall provide the district
  assistance in evaluating, adopting, or using instructional
  materials.
         (b)  Except as otherwise provided, the agency may not require
  a school district to adopt or otherwise use instructional material
  reviewed by the agency under Section 31.023 or included on the list
  of approved instructional materials maintained by the State Board
  of Education under Section 31.022.
         Sec. 31.0252.  LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
  MATERIAL. (a) The agency shall develop standards in consultation
  with stakeholders, including educators, by which a school district
  may conduct a review of instructional materials used by a classroom
  teacher in a foundation curriculum course under Section
  28.002(a)(1) to determine the degree to which the material:
               (1)  corresponds with the instructional materials
  adopted by the school district or district campus; and
               (2)  meets the level of rigor of the essential
  knowledge and skills adopted under Section 28.002 for the grade
  level in which it is being used.
         (b)  The agency shall develop a rubric, approved by the State
  Board of Education, to determine if reviewed instructional material
  complies with the rigor requirements described by Subsection
  (a)(2).
         (c)  The agency, in developing standards under Subsection
  (a):
               (1)  shall minimize, to the extent possible, the time a
  classroom teacher is required to spend complying with a review
  conducted under this section;
               (2)  may not, unless unavoidable, require a teacher to
  spend more than 30 minutes on a single review conducted under this
  section; and
               (3)  may not authorize the review of instructional
  materials used by a classroom teacher for a specific subject or
  grade level at a specific school district campus more than once per
  school year.
         (d)  The agency shall permit a regional education service
  center or a curriculum review service provider approved by the
  agency to conduct the review for a school district under this
  section and provide to approved centers and providers training
  relating to appropriately conducting the review.
         (e)  The agency shall award grants to assist school districts
  in conducting reviews under this section.
         SECTION 25.  Sections 31.026(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The State Board of Education may [shall] execute a
  contract for the purchase or licensing of each adopted
  instructional material.
         (b)  A contract must require the publisher to provide the
  number of instructional materials required by school districts in
  this state for the term of the contract[, which must coincide with
  the board's adoption cycle].
         SECTION 26.  The heading to Subchapter B-1, Chapter 31,
  Education Code, is amended to read as follows:
  SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE
  INSTRUCTIONAL MATERIALS
         SECTION 27.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Section 31.0701 to read as follows:
         Sec. 31.0701.  REFERENCES TO STATE-DEVELOPED OPEN EDUCATION
  RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a
  state-developed open education resource instructional material
  means an open education resource instructional material, as defined
  by Section 31.002.
         SECTION 28.  Section 31.071, Education Code, is amended to
  read as follows:
         Sec. 31.071.  AVAILABILITY OF OPEN EDUCATION RESOURCE
  INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner
  shall ensure that [may purchase state-developed] open education
  resource instructional materials are available for use by school
  districts in accordance with this subchapter.
         (b)  To ensure the availability of open education resource
  instructional materials under Subsection (a), the [The]
  commissioner may:
               (1)  purchase a license authorizing the use of [shall
  purchase any state-developed] open education resource
  instructional materials [through a competitive process];
               (2)  purchase or otherwise acquire ownership of open
  education resource instructional materials;
               (3)  develop open education resource instructional
  materials;
               (4)  adopt open education resource instructional
  materials; or
               (5)  use any combination of the methods described by
  Subdivisions (1), (2), (3), and (4) to acquire open education
  resource instructional materials.
         (b-1)  The commissioner [and
               [(2)] may make available [purchase] more than one
  [state-developed] open education resource instructional material
  for a subject or grade level.
         (b-2)  The commissioner shall:
               (1)  to the extent practicable, ensure full subject
  tier one instructional materials are available as open education
  resource instructional material for:
                     (A)  English language arts and mathematics
  courses in kindergarten through grade eight;
                     (B)  prekindergarten, in subject areas related to
  English language arts and mathematics; and
                     (C)  all foundation curriculum courses in
  kindergarten through grade five in a manner that permits the
  instruction of the content to be provided:
                           (i)  in an integrated manner; and
                           (ii)  for approximately 240 minutes of
  instructional time per day, including time needed each day for
  accelerated instruction under Section 28.0211; and
               (2)  ensure open education resource instructional
  materials are available to all students, parents, classroom
  teachers, and school districts in this state free of charge, except
  for a fee for the printing or shipping of the material.
         (c)  Except as provided by Section 31.0711, an [a
  state-developed] open education resource instructional material
  must be licensed to this state under an intellectual property
  license that allows for free use, reuse, modification, or sharing
  with others as described by Section 31.07101 [irrevocably owned by
  the state. 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 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
  ensuring the availability of [purchasing state-developed] open
  education resource instructional materials shall be paid from funds
  appropriated for the purpose and the state instructional materials
  and technology fund, as determined by the commissioner.
         SECTION 29.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Section 31.07101 to read as follows:
         Sec. 31.07101.  FREE USE, REUSE, MODIFICATION, OR SHARING
  LICENSE. (a) Instructional material is licensed to this state
  under an intellectual property license that allows for free use,
  reuse, modification, or sharing with others if the license:
               (1)  is irrevocable and perpetual;
               (2)  permits the state to sublicense the material;
               (3)  authorizes the use of the material by any person in
  any location permitted by the terms of the original license, if
  applicable;
               (4)  authorizes access, use, transmission, adaptation,
  public display, public performance, public distribution, and
  copying of the material; and
               (5)  authorizes the creation of derivative works as
  permitted by the terms of the original license, if applicable.
         (b)  Instructional material licensed to this state under an
  intellectual property license that is restricted to noncommercial
  or educational use qualifies under this subchapter as instructional
  material licensed to this state under a license that allows for free
  use, reuse, modification, or sharing with others.
         SECTION 30.  Section 31.0711, Education Code, is amended to
  read as follows:
         Sec. 31.0711.  CONTENT NOT OWNED BY STATE. Open education
  resource instructional [Instructional] material made available
  [purchased] under this subchapter may include content not owned by
  the state and for which preexisting rights may exist if the content:
               (1)  is in the public domain;
               (2)  may be used under a limitation or exception to
  copyright law, including a limitation under Section 107, Copyright
  Act of 1976 (17 U.S.C. Section 107); [or]
               (3)  has been made available by the copyright owner
  under a Creative Commons license or another intellectual property
  license that allows for free use, reuse, modification, or sharing
  as described by Section 31.07101; or
               (4)  is licensed to the state under another [a] license
  that:
                     (A)  grants access to and allows for use of the
  material by students, teachers, educators, and other education
  professionals [the state unlimited authority to modify, delete,
  combine, or add content];
                     (B)  permits access, use, public display, public
  performance, public distribution, and copying of the material for
  noncommercial or educational purposes [the free use and repurposing
  of the material by any person or entity]; and
                     (C)  is for a term of use acceptable to the
  commissioner to ensure a useful life of the material.
         SECTION 31.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Section 31.0712 to read as follows:
         Sec. 31.0712.  OPEN EDUCATION RESOURCE ADVISORY BOARD. The
  agency shall establish an open education resource advisory board to
  ensure that open education resource instructional materials made
  available under this subchapter are:
               (1)  of the highest quality;
               (2)  aligned with the essential knowledge and skills
  adopted by the State Board of Education under Section 28.002 for the
  applicable subject and grade level;
               (3)  suitable for the age of students at the grade level
  for which the materials are developed;
               (4)  free from bias and factual error; and
               (5)  in compliance with Section 28.0022.
         SECTION 32.  Section 31.072, Education Code, is amended to
  read as follows:
         Sec. 31.072.  CONTENT REQUIREMENTS. (a) Before being made
  available under this subchapter, [State-developed] open education
  resource instructional material must[:
               [(1)]  be evaluated by:
               (1)  teachers or other experts, as determined by the
  commissioner[, before purchase]; and
               (2)  parents of students in this state [meet the
  requirements for inclusion on the instructional material list
  adopted under Section 31.023].
         (b)  Based on feedback received by the agency from teachers,
  parents, and other experts regarding open education resource
  instructional materials made available under this subchapter, the
  [Following a curriculum revision by the State Board of Education,
  the commissioner shall require the revision of state-developed open
  education resource instructional material relating to that
  curriculum. The] commissioner may, at any time, require an
  additional revision of the [state-developed open education
  resource instructional] material [or contract for ongoing
  revisions of state-developed open education resource 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 instructional material under this subsection].
         SECTION 33.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Section 31.0721 to read as follows:
         Sec. 31.0721.  REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE
  INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),
  open education resource instructional material may not be made
  available under this subchapter to students, teachers, educators,
  or other education professionals before being reviewed by the
  agency under Section 31.023 and included on the list of approved
  instructional materials maintained by the State Board of Education
  under Section 31.022.
         (b)  The agency may make open education resource
  instructional material available to a limited number of classroom
  teachers for a limited time before the material is reviewed by the
  agency under Section 31.023 and included on the list of approved
  instructional materials maintained by the State Board of Education
  under Section 31.022 to assist in developing or testing the quality
  of the material. A school district may only use unreviewed material
  made available under this subsection in a grade level in which the
  material has not been used previously if:
               (1)  the board of trustees of the district approves the
  use of the unreviewed material; and
               (2)  the district provides evidence to the agency
  showing that classroom teachers support the use of the material.
         SECTION 34.  Section 31.083, Education Code, is transferred
  to Subchapter B-1, Chapter 31, Education Code, redesignated as
  Section 31.0722, Education Code, and amended to read as follows:
         Sec. 31.0722  [31.083].  OPEN EDUCATION RESOURCE
  INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall
  include in the Internet website [web portal] developed under
  Section 31.025 [31.081] a repository of open education resource
  instructional materials, including open education resource
  instructional materials made available under Section 31.0721(b),
  and other electronic instructional materials that school districts
  and open-enrollment charter schools may access at no cost.
         (b)  The repository under Subsection (a) must:
               (1)  comply with the requirements of Section 31.154;
  and
               (2)  allow a person to provide comments on open
  education resource instructional material contained in the
  repository to assist the agency in improving and updating the
  material.
         (c)  The agency shall ensure that a person may order a print
  copy of any open education resource instructional material included
  in the repository that is reducible to print [A publisher may submit
  instructional materials for inclusion in the repository].
         SECTION 35.  Sections 31.073 and 31.074, Education Code, are
  amended to read as follows:
         Sec. 31.073.  SELECTION BY SCHOOL DISTRICT. (a) Except as
  otherwise provided by this code, the commissioner may not require a
  school district or open-enrollment charter school to adopt or use
  an open education resource instructional material.
         (c)  A [Notwithstanding Section 31.022, a] school district
  or open-enrollment charter school may adopt [state-developed] open
  education resource 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 a cost associated with the selection of an
  [state-developed] open education resource instructional material,
  except for the cost of printing copies of the 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 instructional materials in a manner consistent with
  distribution of instructional materials approved [adopted] under
  Subchapter B.
         (b)  The commissioner may use a competitive process to
  contract for printing, [or] other reproduction, or storage of
  [state-developed] open education resource 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, or storage of
  [state-developed] open education resource instructional material.
         (c)  The agency is not required to comply with Subchapters C
  and D, Chapter 2052, Government Code, with regard to the printing or
  reproduction of an open education resource instructional material
  made available under this subchapter.
         SECTION 36.  The heading to Section 31.075, Education Code,
  is amended to read as follows:
         Sec. 31.075.  STATE OWNERSHIP; LICENSING.
         SECTION 37.  Sections 31.075(a), (b), (c), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  Except as otherwise provided by this subchapter,
  [State-developed] open education resource instructional material
  is the property of the state.
         (b)  To encourage the use of instructional material
  purchased by the state under this subchapter by school districts
  and open-enrollment charter schools, the commissioner may [shall]
  provide a license for the instructional material that [allows for
  the free use, reuse, modification, or sharing of the material by any
  person or entity.
         [(c)  The terms of a license provided by the commissioner
  under this section]:
               (1)  requires [shall require] that a user who
  reproduces the instructional material in any manner:
                     (A)  except as provided by Subdivision (2)(A),
  must keep all copyright notices for the material intact;
                     (B)  except as provided by Subdivision (2)(A),
  must attribute the authorship of the material to the agency or
  another person specified by the commissioner;
                     (C)  must indicate if the user has modified the
  material;
                     (D)  may not assert or imply any connection with
  or sponsorship or endorsement by the agency or this state, unless
  authorized by the commissioner; and
                     (E)  to the extent reasonably practicable, must
  provide in any product or derivative material a uniform resource
  identifier or hyperlink through which a person may obtain the
  material free of charge;
               (2)  provides [must provide] that:
                     (A)  the commissioner may request that a user
  remove a copyright notice or attribution from the material and that
  a user must comply with the request to the extent reasonably
  practicable; and
                     (B)  the rights granted under the license to a
  user are automatically terminated if the user fails to comply with
  the terms of the license; and
               (3)  includes [may include] any additional terms
  determined by the commissioner.
         (d)  The commissioner may exempt a license under this section
  from including one or more of the requirements under Subsection
  (b)(1) [(c)(1)].
         (e)  The commissioner shall determine what is considered
  reasonably practicable for purposes of Subsections (b)(1)(E)
  [(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].
         SECTION 38.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as
  follows:
         Sec. 31.0751.  OPEN EDUCATION RESOURCE INSTRUCTIONAL
  MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection
  (c), to qualify for additional state aid under Section 48.308 the
  board of trustees of a school district must adopt an open education
  resource instructional material transition plan to assist
  classroom teachers in the district who will be using an open
  education resource instructional material in a specific subject or
  grade level for which the teacher has not previously used an open
  education resource instructional material.
         (b)  A plan adopted under this section must ensure that open
  education resource instructional materials are used in a manner
  that maintains the instructional flexibility of a classroom teacher
  to address the needs of each student.
         (c)  A school district that participates in the program
  developed and maintained by the agency under Section 31.0752 is not
  required to adopt a transition plan under this section.
         Sec. 31.0752.  OPEN EDUCATION RESOURCE INSTRUCTIONAL
  MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a
  program to assist school districts and open-enrollment charter
  schools in adopting and using open education resource instructional
  material made available under this subchapter, including by
  assisting districts and schools to:
               (1)  maintain the instructional flexibility of
  classroom teachers to address the needs of each student; and
               (2)  schedule instructional periods in a manner that
  allows classroom teachers sufficient time to effectively prepare
  and present instructional material within the teacher's normal work
  day.
         Sec. 31.0753.  TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.
  The agency shall develop and maintain a program to assist educator
  preparation programs in implementing Section 21.044(a-1)(4).
         SECTION 39.  Section 31.076(b), Education Code, is amended
  to read as follows:
         (b)  A decision made by the commissioner under this
  subchapter [regarding the purchase, revision, cost, licensing, or
  distribution of state-developed open education resource
  instructional material] is final and may not be appealed.
         SECTION 40.  Section 31.004, Education Code, is transferred
  to Subchapter C, Chapter 31, Education Code, redesignated as
  Section 31.1011, Education Code, and amended to read as follows:
         Sec. 31.1011  [31.004].  CERTIFICATION OF PROVISION OF
  INSTRUCTIONAL MATERIALS. (a) Each school district and
  open-enrollment charter school shall annually certify to the State
  Board of Education and the commissioner that:
               (1)  [,] for each subject in the required curriculum
  under Section 28.002, other than physical education, and each grade
  level, the district or school:
                     (A)  provides each student with 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; and
                     (B)  in the provision of instructional materials,
  protects students from obscene or harmful content as necessary for
  compliance with:
                           (i)  the Children's Internet Protection Act
  (Pub. L. No. 106-554);
                           (ii)  Section 28.0022;
                           (iii)  Section 43.22, Penal Code; and
                           (iv)  any other law or regulation that
  protects students from obscene or harmful content; and
               (2)  the district or school used money allocated to the
  district or school under the instructional materials and technology
  allotment only for purposes allowed under Section 31.0211.
         (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 instructional materials
  submitted by eligible institutions and adopted by the State Board
  of Education under Section 31.0241;
               [(4)  open education resource instructional materials
  made available by other public schools;
               [(5)]  instructional materials developed, [or]
  purchased, or otherwise acquired by the school district or
  open-enrollment charter school; and
               (3) [(6)]  open education resource instructional
  materials and other electronic instructional materials included in
  the repository under Section 31.0722 [31.083].
         SECTION 41.  Subchapter C, Chapter 31, Education Code, is
  amended by adding Section 31.1012 to read as follows:
         Sec. 31.1012.  REPORT TO AGENCY. Each school district shall
  annually report to the agency information regarding the
  instructional materials used by the district during the previous
  school year, including the cost of each material, to assist the
  agency in ensuring compliance with Section 31.151(a).
         SECTION 42.  The heading to Section 31.102, Education Code,
  is amended to read as follows:
         Sec. 31.102.  TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.
         SECTION 43.  Section 31.102, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A school district is not required to use a method
  provided by Section 44.031(a) to purchase instructional materials
  that have been reviewed by the agency under Section 31.023 and
  included on the list of approved instructional materials maintained
  by the State Board of Education under Section 31.022.
         SECTION 44.  Section 31.103(c), Education Code, is amended
  to read as follows:
         (c)  In making a requisition under this section, a school
  district or open-enrollment charter school may requisition
  instructional materials [on the list adopted under Section 31.023]
  for grades above the grade level in which a student is enrolled.
         SECTION 45.  Section 31.151, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A publisher or manufacturer of instructional materials:
               (1)  shall furnish any instructional material the
  publisher or manufacturer offers in this state at a price that does
  not exceed the lowest price at which the publisher offers that
  instructional material for adoption or sale to any state, public
  school, or school district in the United States;
               (2)  shall automatically reduce the price of
  instructional material sold for use in a school district or
  open-enrollment charter school to the extent that the price is
  reduced elsewhere in the United States;
               (3)  shall provide any instructional material or
  ancillary item free of charge in this state to the same extent that
  the publisher or manufacturer provides the instructional material
  or ancillary item free of charge to any state, public school, or
  school district in the United States;
               (4)  shall guarantee that each copy of instructional
  material sold in this state is at least equal in quality to copies
  of that instructional material sold elsewhere in the United States
  and is free from factual error;
               (5)  may not become associated or connected with,
  directly or indirectly, any combination in restraint of trade in
  instructional materials or enter into any understanding or
  combination to control prices or restrict competition in the sale
  of instructional materials for use in this state;
               (6)  shall  deliver instructional materials to a
  school district or open-enrollment charter school;
               (7)  shall, at the time an order for instructional
  materials is acknowledged, provide to school districts or
  open-enrollment charter schools an accurate shipping date for
  instructional materials that are back-ordered;
               (8)  shall guarantee delivery of instructional
  materials at least 10 business days before the opening day of school
  of the year for which the instructional materials are ordered if the
  instructional materials are ordered by a date specified in the
  sales contract; [and]
               (9)  shall submit to the State Board of Education an
  affidavit certifying any instructional material the publisher or
  manufacturer offers in this state to be free of factual errors at
  the time the publisher executes the contract required by Section
  31.026; and
               (10)  shall comply with all other standard terms and
  conditions adopted by the State Board of Education for use in
  contracts for the procurement of instructional materials under
  Subsection (a-1).
         (a-1)  The State Board of Education shall adopt standard
  terms and conditions for use in contracts for the procurement of
  instructional materials from publishers and manufacturers under
  this section.
         SECTION 46.  Subchapter D, Chapter 31, Education Code, is
  amended by adding Section 31.154 to read as follows:
         Sec. 31.154.  INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
  The board shall adopt standards for entities that supply
  instructional materials reviewed by the agency under Section 31.023
  to make instructional materials supplied by the entity available on
  a parent portal hosted by the entity.
         (b)  An instructional materials parent portal must:
               (1)  provide to each parent of a student enrolled in a
  school district or open-enrollment charter school access to
  instructional material that is included in the portal and used by
  the district or school;
               (2)  organize instructional material by unit and in the
  order in which the material is designed to be used;
               (3)  be capable of being searched by key word; and
               (4)  for instructional material not available in a
  digital format, contain sufficient information to allow a parent to
  locate a physical copy of the material.
         (c)  Standards adopted under Subsection (a) may not require a
  classroom teacher to submit instructional materials developed by
  the teacher for inclusion in an instructional materials parent
  portal.
         (d)  To comply with an intellectual property license or other
  restrictions placed on an instructional material and to maintain
  security of the information contained in an instructional materials
  parent portal under this section, a parent may be required, before
  accessing the portal, to:
               (1)  enter a password;
               (2)  comply with other user access verification
  procedures; and
               (3)  accept user terms and conditions, which may not
  limit or exclude access to instructional material based on the uses
  of the material that would otherwise be permitted under fair use
  provisions of copyright law.
         (e)  A parent's access to an instructional materials parent
  portal under this section may be temporarily denied if the parent
  fails or refuses to comply with a restriction under Subsection (d).
         (f)  An entity that hosts an instructional materials parent
  portal must comply with requests regarding parental access to the
  portal made by a school district in compliance with this section or
  Section 26.006.
         SECTION 47.  Section 33.004(b), Education Code, is amended
  to read as follows:
         (b)  Each school, before implementing a comprehensive school
  counseling program under Section 33.005, shall annually conduct a
  preview of the program for parents and guardians. All materials,
  including curriculum to be used during the year that is not
  available digitally through an instructional materials parent
  portal under Section 31.154, must be available for a parent or
  guardian to preview during school hours. Materials or curriculum
  not included in the materials on an instructional materials parent
  portal or available on the campus for preview may not be used.
         SECTION 48.  Section 48.277(b), Education Code, is amended
  to read as follows:
         (b)  For purposes of calculating maintenance and operations
  revenue under Subsection (a), the commissioner shall:
               (1)  for purposes of Subsections (a)(1) and (2), use
  the following applicable school year:
                     (A)  in a school year ending in an even-numbered
  year, the 2019-2020 school year; and
                     (B)  in a school year ending in an odd-numbered
  year, the 2019-2020 or 2020-2021 school year, whichever is greater;
               (2)  include all state and local funding, except for
  any funding resulting from:
                     (A)  reimbursement for disaster remediation costs
  under former Sections 41.0931 and 42.2524;
                     (B)  an adjustment for rapid decline in taxable
  value of property under former Section 42.2521; [and]
                     (C)  an adjustment for property value affected by
  a state of disaster under former Section 42.2523; and
                     (D)  additional state aid under Section 48.307 or
  48.308;
               (3)  adjust the calculation to reflect a reduction in
  tax effort by a school district; and
               (4)  if a school district or open-enrollment charter
  school receives a waiver relating to eligibility requirements for
  the national free or reduced-price lunch program under 42 U.S.C.
  Section 1751 et seq., use the numbers of educationally
  disadvantaged students on which the district's or school's
  entitlement to compensatory education funds was based for the
  school year before the school year in which the district or school
  received the waiver, adjusted for estimated enrollment growth.
         SECTION 49.  Subchapter G, Chapter 48, Education Code, is
  amended by adding Sections 48.307 and 48.308 to read as follows:
         Sec. 48.307.  ADDITIONAL STATE AID FOR STATE-APPROVED
  INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the
  district, a school district is entitled to additional state aid for
  each school year in an amount equal to $40, or a greater amount
  provided by appropriation, to procure instruction material that has
  been: 
               (1)  reviewed by the agency under Section 31.023;
               (2)  placed on the list of approved instructional
  materials maintained by the State Board of Education under Section
  31.022;
               (3)  designated by the State Board of Education under
  Section 31.022 as being included or capable of being included in an
  instructional materials parent portal under Section 31.154; and
               (4)  acquired from a publisher, manufacturer, or other
  entity that has not been found to violate Section 31.151.
         (b)  A school district is entitled to the amount of state aid
  provided by Subsection (a) each school year, regardless of whether
  the district uses the amount during the school year for which the
  amount was provided. 
         (c)  Additional state aid provided under this section shall
  be deposited to the credit of the district's instructional
  materials and technology account maintained by the commissioner
  under Section 31.0212 and may be accessed only for the procurement
  of instructional materials in accordance with this section. 
         (d)  Funds provided to a school district under this section
  must be spent in compliance with the requirements for the use of
  funds provided under this section and Section 31.0211.
         Sec. 48.308.  ADDITIONAL STATE AID FOR OPEN EDUCATION
  RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751, a
  school district is entitled to additional state aid for each school
  year in an amount not to exceed $20 for each student for the costs
  incurred or for which the district is obligated to pay during the
  school year in which the aid is provided for the printing and
  shipping of open education resource instructional material made
  available under Subchapter B-1, Chapter 31.
         (b)  The amount to which a school district is entitled under
  this section may not exceed actual costs incurred by the district or
  for which the district is obligated to pay during the school year
  for which the funds were provided.
         (c)  Additional state aid provided under this section shall
  be deposited to the credit of the district's instructional
  materials and technology account maintained by the commissioner
  under Section 31.0212 and may be accessed only for the procurement
  of instructional materials in accordance with this section. 
         (d)  Funds provided to a school district under this section
  must be spent in compliance with the requirements for the use of
  funds provided under this section and Section 31.0211.
         SECTION 50.  The following provisions of the Education Code
  are repealed:
               (1)  Section 31.0213;
               (2)  Sections 31.022(d-1), (e), (f), (g), (h), and (i);
               (3)  Section 31.0221;
               (4)  Section 31.0231;
               (5)  Section 31.024;
               (6)  Section 31.0241;
               (7)  Section 31.0242;
               (8)  Section 31.0261;
               (9)  Section 31.035;
               (10)  the heading to Subchapter B-2, Chapter 31;
               (11)  Section 31.081;
               (12)  Section 31.082;
               (13)  Section 31.084;
               (14)  Section 31.101; and
               (15)  Section 31.151(e).
         SECTION 51.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 52.  (a) A contract entered into under Section
  31.026 or 31.151, Education Code, as amended by this Act, before the
  effective date of this Act is governed by the law in effect on the
  date the contract was entered into, and the former law is continued
  in effect for that purpose.
         (b)  A contract entered into under Section 31.026 or 31.151,
  Education Code, as amended by this Act, after the effective date of
  this Act for a program called for by the State Board of Education
  under Proclamation 2024 is governed by the law in effect on the date
  the proclamation was issued, and the former law is continued in
  effect for that purpose.
         (c)  Section 31.026, Education Code, as amended by this Act,
  does not apply to the review of or a contract for the purchase or
  licensing of instructional materials required by the State Board of
  Education pursuant to Proclamation 2024. The review of and
  contracts for the purchase or licensing of instructional materials
  required by the State Board of Education pursuant to Proclamation
  2024 are governed by the law as it existed immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         (d)  Section 21.4045(b), Education Code, as added by this
  Act, applies only to a contract entered into on or after the
  effective date of this Act. A contract entered into before the
  effective date of this Act is governed by the law in effect on the
  date the contract was entered into, and the former law is continued
  in effect for that purpose.
         SECTION 53.  (a) Except as provided by Subsection (b) of
  this section, this Act applies beginning with the 2023-2024 school
  year.
         (b)  Section 21.4045, Education Code, as added by this Act,
  applies beginning with the 2024-2025 school year.
         SECTION 54.  (a) Except as provided by Subsection (b) of
  this section, 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, 2023.
         (b)  Sections 48.307 and 48.308, Education Code, as added by
  this Act, and Section 48.277(b), Education Code, as amended by this
  Act, take effect September 1, 2023.

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