reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 30A - State Virtual School Network › Subchapter D. Funding › Section 30A.155. Fees

Sec. 30A.155.  FEES.
(a)  A school district or open-enrollment charter school may charge a fee for enrollment in an electronic course provided through the state virtual school network to a student who resides in this state and:
(1)  is enrolled in a school district or open-enrollment charter school as a full-time student with a course load greater than that normally taken by students in the equivalent grade level in other school districts or open-enrollment charter schools; or
(2)  elects to enroll in an electronic course provided through the network for which the school district or open-enrollment charter school in which the student is enrolled as a full-time student declines to pay the cost, as authorized by Section 26.0031(c-1).
(a-1)  A school district or open-enrollment charter school may charge a fee for enrollment in an electronic course provided through the state virtual school network during the summer.
(b)  A school district or open-enrollment charter school shall charge a fee for enrollment in an electronic course provided through the state virtual school network to a student who resides in this state and is not enrolled in a school district or open-enrollment charter school as a full-time student.
(c)  The amount of a fee charged a student under Subsection (a), (a-1), or (b) for each electronic course in which the student enrolls through the state virtual school network may not exceed the lesser of:
(1)  the cost of providing the course; or
(2)  $400.
(c-1)  A school district or open-enrollment charter school that is not the course provider may charge a student enrolled in the district or school a nominal fee, not to exceed the amount specified by the commissioner, if the student enrolls in an electronic course provided through the state virtual school network that exceeds the course load normally taken by students in the equivalent grade level.  A juvenile probation department or state agency may charge a comparable fee to a student under the supervision of the department or agency.
(d)  Except as provided by this section, the state virtual school network may not charge a fee to students for electronic courses provided through the network.
(e)  This chapter does not entitle a student who is not enrolled on a full-time basis in a school district or open-enrollment charter school to the benefits of the Foundation School Program.
Added by Acts 2007, 80th Leg., R.S., Ch. 1337 (S.B. 1788), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 38, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1386 (H.B. 1926), Sec. 23, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. General Provisions › Section 31.001. Free Instructional Materials

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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 18, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 1, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 1, eff. June 12, 2017.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.003, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. General Provisions › Section 31.003. Rules

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 a provision of this chapter that the commissioner or agency is responsible for implementing.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 20, eff. July 19, 2011.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 13, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. General Provisions › Section 31.006. Advisory Committee

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 14, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.0205. Funding for Open-Enrollment Charter Schools

Sec. 31.0205.  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.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 20, eff. July 19, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 4, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 3, eff. June 12, 2017.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.004, eff. September 1, 2019.
Transferred and redesignated from Education Code, Section 31.005 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 16, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.021. State Instructional Materials and Technology Fund

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, 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.
(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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 258, Sec. 1, 2, eff. May 26, 1997;  Acts 2003, 78th Leg., ch. 201, Sec. 20, eff. June 10, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 2, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1407 (H.B. 4294), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 22, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 67(2), eff. July 19, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 31, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 4, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 4, eff. June 12, 2017.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.005(a), eff. September 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 724 (H.B. 396), Sec. 1, eff. September 1, 2019.
Transferred and amended from Education Code, Section 31.021 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 17, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.0212. Instructional Materials and Technology Account

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)   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 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.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 23, eff. July 19, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 731 (H.B. 1474), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 8, eff. June 9, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.009, eff. September 1, 2019.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.008, eff. September 1, 2019.
Transferred and amended from Education Code, Section 31.0212 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 17, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.0214. Adjustment for High Enrollment Growth Districts

Sec. 31.0214.  ADJUSTMENT FOR HIGH ENROLLMENT GROWTH DISTRICTS.   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.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 23, eff. July 19, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 10, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 10, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.011, eff. September 1, 2019.
Transferred and amended from Education Code, Section 31.0214 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 17, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.0215. Instructional Materials and Technology Allotment Purchases

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 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 27, eff. June 10, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 731 (H.B. 1474), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 12, eff. June 9, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.013, eff. September 1, 2019.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.012, eff. September 1, 2019.
Transferred and amended from Education Code, Section 31.0215 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 17, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter A. -1. State Funding for Instructional Materials and Technology › Section 31.0216. Agency Purchase of Instructional Materials and Technology

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 19, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.025. Instructional Material Internet Website

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 24, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.0251. Instructional Material Support

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 24, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.0252. Local Review of Classroom Instructional Material

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 24, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.026. Contract; Price

Sec. 31.026.  CONTRACT; PRICE.  (a)  The State Board of Education may 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.
(c)  As applicable, a contract must provide for the purchase or licensing of instructional material at a specific price, which may not exceed the lowest price paid by any other state or any school or school district.  The price must be fixed for the term of the contract.
(d)  This section does not apply to open education resource instructional material.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 32, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 18, eff. June 9, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 25, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.027. Information to School Districts; Electronic Sample

Sec. 31.027.  INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC SAMPLE.  (a)  A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's submitted instructional materials.  On request of a school district, a publisher shall provide an electronic sample of submitted instructional material.
(b)  A publisher shall provide an electronic sample of each submitted instructional material to be maintained at each regional education service center.
(c)  This section does not apply to open education resource instructional material.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 6, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 34(a), eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 20, eff. June 9, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.028. Special Instructional Materials

Sec. 31.028.  SPECIAL INSTRUCTIONAL MATERIALS.  (a)  The commissioner may purchase special instructional materials for the education of blind and visually impaired students in public schools.  In addition, for a teacher who is blind or visually impaired, the commissioner shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each instructional material the teacher uses in the instruction of students.  The teacher edition must be available at the same time the student instructional materials become available.
(b)  The publisher of adopted instructional material shall provide the agency with computerized instructional material files for the production of Braille instructional materials or other versions of instructional materials to be used by students with disabilities, on request of the commissioner.  A publisher shall arrange computerized instructional material files in one of several optional formats specified by the commissioner.
(c)  The commissioner may also enter into agreements providing for the acceptance, requisition, and distribution of special instructional materials and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:
(1)  public schools; or
(2)  private nonprofit schools, if state funds, other than for administrative costs, are not involved.
(d)  In this section:
(1)  "Blind or visually impaired student" includes any student whose visual acuity is impaired to the extent that the student is unable to read the text in regularly adopted instructional material used in the student's class.
(2)  "Special instructional material" means instructional material in Braille, large type or any other medium or any apparatus that conveys information to a student or otherwise contributes to the learning process.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 35, eff. July 19, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.029. Bilingual Instructional Materials

Sec. 31.029.  BILINGUAL INSTRUCTIONAL MATERIALS.  (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.
(b)  The commissioner shall adopt rules regarding the purchase of instructional materials under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 36, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 21, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 14, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.015, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.030. Used Instructional Materials

Sec. 31.030.  USED INSTRUCTIONAL MATERIALS.  The State Board of Education shall adopt rules to ensure that used instructional materials sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors.  The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used instructional materials who knowingly violates this section.
Added by Acts 2001, 77th Leg., ch. 805, Sec. 2, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 37, eff. July 19, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. State Review and Adoption › Section 31.031. College Preparatory Instructional Materials

Sec. 31.031.  COLLEGE PREPARATORY INSTRUCTIONAL MATERIALS.  (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.
(b)  The commissioner shall adopt rules regarding the purchase of instructional materials under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 28(a), eff. June 10, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 22, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 15, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.016, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0701. References to State-Developed Open Education Resource Instructional Material

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 27, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.07101. Free Use, Reuse, Modification, or Sharing License

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 29, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0711. Content Not Owned by State

Sec. 31.0711.  CONTENT NOT OWNED BY STATE.  Open education resource instructional material made available 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);
(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 license that:
(A)  grants access to and allows for use of the material by students, teachers, educators, and other education professionals;
(B)  permits access, use, public display, public performance, public distribution, and copying of the material for noncommercial or educational purposes; and
(C)  is for a term of use acceptable to the commissioner to ensure a useful life of the material.
Added by Acts 2017, 85th Leg., R.S., Ch. 942 (S.B. 1784), Sec. 3, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 30, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0712. Open Education Resource Advisory Board

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 31, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.072. Content Requirements

Sec. 31.072.  CONTENT REQUIREMENTS.  (a)  Before being made available under this subchapter, open education resource instructional material must  be evaluated by:
(1) teachers or other experts, as determined by the commissioner; and
(2) parents of students in this state.
(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 commissioner may, at any time, require an additional revision of the material.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 42, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 67(6), eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 24, eff. June 9, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 32, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0721. Review and Release of Open Education Resource Instructional Material

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.
(c)  Except as provided by Subsection (b), open education resource instructional materials made available under this section may not remain available once amended or modified unless the material as amended or modified is reviewed under Section 31.023 and included on the list of approved instructional materials maintained by the State Board of Education under Section 31.022.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 33, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0722. Open Education Resource Instructional Materials Repository

Sec. 31.0722.  OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIALS REPOSITORY.  (a)  The commissioner shall include in the Internet website developed under Section 31.025 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 27, eff. June 9, 2017.
Transferred, redesignated and amended from Education Code, Section 31.083 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 34, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.073. Selection by School District

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 school district or open-enrollment charter school may adopt open education resource instructional material at any time.
(d)  A school district or open-enrollment charter school may not be charged for a cost associated with the selection of an open education resource instructional material, except for the cost of printing copies of the material.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 43, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 44, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 67(7), eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 24, eff. June 9, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 35, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.074. Distribution

Sec. 31.074.  DISTRIBUTION.  (a)  The commissioner shall provide for the distribution of open education resource instructional materials in a manner consistent with distribution of instructional materials approved under Subchapter B.
(b)  The commissioner may use a competitive process to contract for printing, other reproduction, or storage of 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, reproduction, or storage of 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 45, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 24, eff. June 9, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 35, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.075. State Ownership; Licensing

Sec. 31.075.  STATE OWNERSHIP; LICENSING.  (a)  Except as otherwise provided by this subchapter, 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 provide a license for the instructional material that:
(1)  requires 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 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 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).
(e)  The commissioner shall determine what is considered reasonably practicable for purposes of Subsections (b)(1)(E) and (b)(2)(A).
(f)  The commissioner may:
(1)  specify requirements to reinstate a user's rights under a license that has been terminated; and
(2)  reinstate a user's rights on completion of those requirements.
(g)  The commissioner may use a license commonly applied to an open education resource in implementing this section.
(h)  The attorney general shall represent the agency in an action brought under this section and may recover reasonable expenses incurred in obtaining relief, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 46, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 24, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 942 (S.B. 1784), Sec. 4, eff. June 15, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 36, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 37, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0751. Open Education Resource Instructional Material Transition Plan

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 38, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0752. Open Education Resource Instructional Material Support Program

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 38, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.0753. Teacher Candidate Access and Support Program

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).
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 38, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter B. -1. Open Education Resource Instructional Materials › Section 31.076. Rules; Finality of Decisions

Sec. 31.076.  RULES; FINALITY OF DECISIONS.  (a)  The commissioner may adopt rules necessary to implement this subchapter.
(b)  A decision made by the commissioner under this subchapter is final and may not be appealed.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 47, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 25, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 942 (S.B. 1784), Sec. 5, eff. June 15, 2017.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 39, eff. June 13, 2023.