reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 31 - Instructional Materials and Technology › Subchapter C. Local Operations › Section 31.1011. Certification of Provision of Instructional Materials

Sec. 31.1011.  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)   instructional materials developed, purchased, or otherwise acquired by the school district or open-enrollment charter school; and
(3)  open education resource instructional materials and other electronic instructional materials included in the repository under Section 31.0722.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 20, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 3, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 2, eff. June 12, 2017.
Transferred, redesignated and amended from Education Code, Section 31.004 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 40, 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 C. Local Operations › Section 31.1012. Report to Agency

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).
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 41, 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 C. Local Operations › Section 31.102. Title and Custody; School District Purchases

Sec. 31.102.  TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.  (a)  Each instructional material purchased as provided by this chapter for a school district or an open-enrollment charter school is the property of the district or school.
(b)  Subsection (a) applies to electronic instructional material only to the extent of any applicable licensing agreement.
(c)  The board of trustees of a school district or the governing body of an open-enrollment charter school shall distribute printed instructional material to students in the manner that the board or governing body determines is most effective and economical.
(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.
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. 51, eff. July 19, 2011.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 42, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 43, 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 C. Local Operations › Section 31.103. Instructional Material Requisitions

Sec. 31.103.  INSTRUCTIONAL MATERIAL REQUISITIONS.  (a)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011.
(b)  A school district or open-enrollment charter school shall make a requisition for instructional material using the online requisition program maintained by the commissioner.  The publisher or manufacturer shall fill a requisition approved by the agency.
(c)  In making a requisition under this section, a school district or open-enrollment charter school may requisition instructional materials for grades above the grade level in which a student is enrolled.
(d)  A school district or open-enrollment charter school that selects open education resource instructional material shall requisition a sufficient number of printed copies for use by students unable to access the instructional material electronically unless the district or school provides to each student:
(1)  electronic access to the instructional material at no cost to the student; or
(2)  printed copies of the portion of the instructional material that will be used in the course.
(e)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 6, Sec. 67(10), eff. July 19, 2011.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 129, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 805, Sec. 4, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 201, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 52, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 53, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 67(10), eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 29, eff. June 9, 2017.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.08, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 44, 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 C. Local Operations › Section 31.105. Sale or Disposal of Instructional Materials and Technological Equipment

Sec. 31.105.  SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS AND TECHNOLOGICAL EQUIPMENT.  (a)  The board of trustees of a school district or governing body of an open-enrollment charter school may sell printed instructional materials on the date the instructional material is discontinued for use in the public schools by the State Board of Education or the commissioner.  The board of trustees or governing body may also sell electronic instructional materials and technological equipment owned by the district or school.  Any funds received by a district or school from a sale authorized by this subsection must be used to purchase instructional materials and technological equipment allowed under Section 31.0211.
(b)  The board of trustees of a school district or governing body of an open-enrollment charter school shall determine how the district or school will dispose of discontinued printed instructional materials, electronic instructional materials, and technological equipment.
(c)  The board of trustees of a school district or governing body of an open-enrollment charter school may dispose of printed instructional material before the date the instructional material is discontinued for use in the public schools by the State Board of Education if the board of trustees or governing body determines that the instructional material is not needed by the district or school and the board of trustees or governing body does not reasonably expect that the instructional material will be needed.  A district or school must notify the commissioner of any instructional material the district or school disposes of under this subsection.
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. 55, 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 C. Local Operations › Section 31.106. Use of Local Funds

Sec. 31.106.  USE OF LOCAL FUNDS.  In addition to any instructional material selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any instructional materials.
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. 56, 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 D. Administrative Penalties and Penal Provisions › Section 31.152. Accepting Rebate on Instructional Materials or Technological Equipment

Sec. 31.152.  ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS OR TECHNOLOGICAL EQUIPMENT.  (a)  A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any instructional materials or technological equipment used in the schools with which the person is associated as a trustee, administrator, or teacher.
(b)  A school trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:
(1)  is given to the person or the person's school;
(2)  might reasonably tend to influence a trustee, administrator, or teacher in the selection of instructional material or technological equipment; and
(3)  could not be lawfully purchased with state instructional materials funds.
(c)  An offense under this section is a Class B misdemeanor.
(d)  In this section, "gift, favor, or service" does not include:
(1)  staff development, in-service, or teacher training; or
(2)  ancillary materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 805, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1407 (H.B. 4294), Sec. 8, eff. June 19, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 58, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 59, 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 D. Administrative Penalties and Penal Provisions › Section 31.153. Violation of Free Instructional Materials Law

Sec. 31.153.  VIOLATION OF FREE INSTRUCTIONAL MATERIALS LAW.  (a)  A person commits an offense if the person knowingly violates any law providing for the purchase or distribution of free instructional materials for the public schools.
(b)  An offense under this section is a Class C misdemeanor.
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. 60, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 61, 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 D. Administrative Penalties and Penal Provisions › Section 31.154. Instructional Materials Parent Portal

Sec. 31.154.  INSTRUCTIONAL MATERIALS PARENT PORTAL.  (a)  The State Board of Education 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 materials, other than tests or exams, that are 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:
(1)  a classroom teacher to submit instructional materials developed by the teacher for inclusion in an instructional materials parent portal; or
(2)  an entity hosting an instructional materials parent portal to include tests or exams in the 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)  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.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 46, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter A. Powers and Duties of State Board of Education Relating to Electronic Instructional Technology and Computer-Related Equipment › Section 32.001. Development of Long-Range Plan

Sec. 32.001.  DEVELOPMENT OF LONG-RANGE PLAN.  (a)  The State Board of Education shall develop a long-range plan for:
(1)  acquiring and using technology in the public school system;
(2)  fostering professional development related to the use of technology for educators and others associated with child development;
(3)  fostering computer literacy among public school students so that by the year 2000 each high school graduate in this state has computer-related skills that meet standards adopted by the board;  and
(4)  identifying and, through regional education service centers, distributing information on emerging technology for use in the public schools.
(b)  The State Board of Education shall update the plan developed under Subsection (a) at least every five years.
(c)  The State Board of Education, in coordination with the Texas Higher Education Coordinating Board and other public agencies and institutions the State Board of Education considers appropriate, shall propose legislation and funding necessary to implement the plan developed under Subsection (a).
(d)  In developing the plan, the State Board of Education must consider accessibility of technology to students with disabilities.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 32, eff. June 9, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter A. Powers and Duties of State Board of Education Relating to Electronic Instructional Technology and Computer-Related Equipment › Section 32.002. Authority of School District

Sec. 32.002.  AUTHORITY OF SCHOOL DISTRICT.  A school district is not required by this subchapter to acquire or use technology that has been approved, selected, or contracted for by the State Board of Education or the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter A. Powers and Duties of State Board of Education Relating to Electronic Instructional Technology and Computer-Related Equipment › Section 32.003. Authority of Commissioner to Contract

Sec. 32.003.  AUTHORITY OF COMMISSIONER TO CONTRACT.  The commissioner may contract with developers of technology to supply technology for use by school districts throughout this state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter A. Powers and Duties of State Board of Education Relating to Electronic Instructional Technology and Computer-Related Equipment › Section 32.004. Fees

Sec. 32.004.  FEES.  The State Board of Education, on the commissioner's recommendation, may establish a reasonable fee for services provided under this chapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.031. Purpose

Sec. 32.031.  PURPOSE.  To prepare students for the 21st century, it is the policy of this state that a superior education should be available to all students under a thorough and efficient system of public education.  Educational resources shall be devoted to the maximum extent possible to the instruction of students.  To accomplish those purposes, public education must use, in a comprehensive manner, appropriate, accessible technology in all aspects of instruction, administration, and communication.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.032. Electronic Information System

Sec. 32.032.  ELECTRONIC INFORMATION SYSTEM.  (a)  The agency shall establish and maintain an accessible electronic information transfer system, as provided by State Board of Education policy, that is capable of transmitting information among school districts, regional education service centers, and other education-related entities and state agencies.
(b)  The commissioner may contract with suppliers of computer hardware, software, or communications equipment or services to provide accessible goods or services to school districts, regional education service centers, or the agency.  The State Board of Education by rule shall adopt standards for hardware, software, and communications equipment, training, and services supplied through contract under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.033. Integrated Telecommunications System

Sec. 32.033.  INTEGRATED TELECOMMUNICATIONS SYSTEM.  (a)  The agency, in coordination with institutions of higher education and other public or private entities, may maintain and expand, as needed, the telecommunications capabilities of school districts and regional education service centers.  The agency shall design and implement a telecommunications system for distance learning throughout the state.
(b)  To the extent necessary, the State Board of Education shall conduct feasibility studies related to accessible telecommunications capabilities of school districts and regional education service centers.
(c)  According to priorities determined by the State Board of Education, the commissioner may contract with a public broadcasting system or another supplier of telecommunications equipment, programming, training, or services to provide equipment, programming, training, or services to school districts, regional education service centers, or the agency.
(d)  In providing additional telecommunications capabilities under Subsection (a), the agency shall give priority to school districts with limited financial resources.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 23, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.034. Center for Educational Technology

Sec. 32.034.  CENTER FOR EDUCATIONAL TECHNOLOGY.  (a)  The commissioner, as provided by State Board of Education policy, may enter into an interagency contract with a public institution of higher education or a consortium of public institutions of higher education in this state to sponsor a center for educational technology under this section.
(b)  The purpose of the center is to improve the quality and efficiency of the educational process through research, development, or site evaluation of:
(1)  existing and new applications of technology specifically designed for educational applications;  and
(2)  educational applications of technology originally developed for commercial or other purposes.
(c)  The membership of the center shall consist of public school educators, regional education service centers, institutions of higher education, nonprofit organizations, and private sector representatives.  The State Board of Education shall establish membership policies for the center.
(d)  The board of directors of the center shall be appointed by the State Board of Education and shall consist of:
(1)  representatives of the center, including members of the public education system;
(2)  a representative of each sponsoring institution of higher education;  and
(3)  the commissioner or the commissioner's representative.
(e)  The board of directors shall:
(1)  employ a director for the center; and
(2)  establish priorities for the center's activities.
(f)  The director is responsible for the center's activities.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.035. Demonstration Programs

Sec. 32.035.  DEMONSTRATION PROGRAMS.  (a)  The agency shall establish demonstration programs to:
(1)  investigate the uses, effectiveness, and feasibility of technologies for education;  and
(2)  provide models for effective education using technology.
(b)  The agency may design programs under Subsection (a) to encourage participation by and collaboration among school campuses, school districts, regional education service centers, the private sector, state and federal agencies, nonprofit organizations, and institutions of higher education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.036. Preview Centers and Training Programs

Sec. 32.036.  PREVIEW CENTERS AND TRAINING PROGRAMS.  The agency may establish and provide for the operation of a technology preview center and training program in each regional education service center to assist district and campus personnel in developing and maintaining the comprehensive use of appropriate technology in all aspects of instruction, administration, and communications.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
For expiration of this section, see Subsection (d).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter B. Statewide Development of Technology and Telecommunications › Section 32.037. Grant Program for Transition to Electronic Administration of Assessment Instruments

Sec. 32.037.  GRANT PROGRAM FOR TRANSITION TO ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS.  (a)  The commissioner may establish a matching grant program to ensure that all school districts and open-enrollment charter schools have the necessary infrastructure to administer assessment instruments electronically in accordance with the transition plan developed under Section 39.02341.
(b)  In establishing the grant program, the commissioner may:
(1)  set eligibility criteria to receive a matching grant under the program; and
(2)  contract with developers of technology as necessary to ensure the most efficient and cost-effective implementation of Internet connectivity infrastructure for electronic administration of assessment instruments.
(c)  In awarding grants under the grant program, the commissioner:
(1)  shall prioritize applicants seeking funding for one-time investments in broadband network infrastructure; and
(2)  if funds are available after grants are awarded to each eligible applicant described by Subdivision (1), may award grants to applicants seeking funding for annual bandwidth and personnel costs associated with electronic administration of assessment instruments.
(d)  This section expires September 1, 2025.
Added by Acts 2021, 87th Leg., R.S., Ch. 1003 (H.B. 3261), Sec. 3, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.101. Definitions

Sec. 32.101.  DEFINITIONS. In this subchapter:
(1)  "Data processing" has the meaning assigned by Section 2054.003, Government Code.
(2)  "Electronic device" means a device that is capable of connecting to a cellular network or the Internet, including:
(A)  a computer;
(B)  a smartphone; or
(C)  a tablet.
(3)  "Internet filter" means a software application that is capable of preventing an electronic device from accessing certain websites or displaying certain online material.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 795 (H.B. 18), Sec. 3.02, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.102. Authority

Sec. 32.102.  AUTHORITY.  (a)  As provided by this subchapter, a school district or open-enrollment charter school may transfer to a student enrolled in the district or school:
(1)  any data processing equipment donated to the district or school, including equipment donated by:
(A)  a private donor; or
(B)  a state eleemosynary institution or a state agency under Section 2175.905, Government Code;
(2)  any equipment purchased by the district or school, to the extent consistent with Section 32.105; and
(3)  any surplus or salvage equipment owned by the district or school.
(b)  A school district or open-enrollment charter school may accept:
(1)  donations of data processing equipment for transfer under this subchapter;  and
(2)  any gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.020(f), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 29.02, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.103. Eligibility; Preference

Sec. 32.103.  ELIGIBILITY;  PREFERENCE.  (a)  A student is eligible to receive data processing equipment under this subchapter only if the student does not otherwise have home access to data processing equipment, as determined by the student's school district or open-enrollment charter school.
(b)  In transferring data processing equipment to students, a school district or open-enrollment charter school shall give preference to educationally disadvantaged students.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.104. Requirements for Transfer

Sec. 32.104.  REQUIREMENTS FOR TRANSFER.  Before transferring data processing equipment or an electronic device to a student, a school district or open-enrollment charter school must:
(1)  adopt rules governing transfers under this subchapter, including provisions for technical assistance to the student by the district or school;
(2)  determine that the transfer serves a public purpose and benefits the district or school;
(3)  remove from the equipment any offensive, confidential, or proprietary information, as determined by the district or school;
(4)  adopt rules establishing programs promoting parents as partners in cybersecurity and online safety that involve parents in students' use of transferred equipment or electronic devices; and
(5)  for the transfer of an electronic device to be used for an educational purpose, install an Internet filter that blocks and prohibits pornographic or obscene materials or applications, including from unsolicited pop-ups, installations, and downloads.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 795 (H.B. 18), Sec. 3.04, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.105. Expenditure of Public Funds

Sec. 32.105.  EXPENDITURE OF PUBLIC FUNDS.  A school district or open-enrollment charter school may spend public funds to:
(1)  purchase, refurbish, or repair any data processing equipment transferred to a student under this subchapter;  and
(2)  store, transport, or transfer data processing equipment under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter C. Transfer of Data Processing Equipment and Electronic Devices to Students › Section 32.106. Return of Equipment

Sec. 32.106.  RETURN OF EQUIPMENT.  (a)  Except as provided by Subsection (b), a student who receives data processing equipment from a school district or open-enrollment charter school under this subchapter shall return the equipment to the district or school not later than the earliest of:
(1)  five years after the date the student receives the equipment;
(2)  the date the student graduates;
(3)  the date the student transfers to another school district or open-enrollment charter school;  or
(4)  the date the student withdraws from school.
(b)  Subsection (a) does not apply if, at the time the student is required to return the data processing equipment under that subsection, the district or school determines that the equipment has no marketable value.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.152. Prohibited Use of Covered Information

Sec. 32.152.  PROHIBITED USE OF COVERED INFORMATION.  (a)  An operator may not knowingly:
(1)  engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired through the use of the operator's website, online service, online application, or mobile application for a school purpose;
(2)  use information, including persistent unique identifiers, created or gathered by the operator's website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or
(3)  except as provided by Subsection (c), sell or rent any student's covered information.
(b)  For purposes of Subsection (a)(2), the collection and retention of account information by an operator that remains under the control of the student, the student's parent, or the campus or district is not an attempt to create a profile by the operator.
(c)  Subsection (a)(3) does not apply to:
(1)  the purchase, merger, or any other type of acquisition of an operator by another entity, if the operator or successor entity complies with this subchapter regarding previously acquired student information; or
(2)  a national assessment provider if the provider secures the express affirmative consent of the student or the student's parent, given in response to clear and conspicuous notice, and if the information is used solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.153. Allowed Disclosure of Covered Information

Sec. 32.153.  ALLOWED DISCLOSURE OF COVERED INFORMATION.  (a)  An operator may use or disclose covered information under the following circumstances:
(1)  to further a school purpose of the website, online service, online application, or mobile application and the recipient of the covered information disclosed under this subsection does not further disclose the information unless the disclosure is to allow or improve operability and functionality of the operator's website, online service, online application, or mobile application;
(2)  to ensure legal and regulatory compliance;
(3)  to protect against liability;
(4)  to respond to or participate in the judicial process;
(5)  to protect:
(A)  the safety or integrity of users of the website, online service, online application, or mobile application; or
(B)  the security of the website, online service, online application, or mobile application;
(6)  for a school, education, or employment purpose requested by the student or the student's parent and the information is not used or disclosed for any other purpose;
(7)  to use the covered information for:
(A)  a legitimate research purpose; or
(B)  a school purpose or postsecondary educational purpose; or
(8)  for a request by the agency or the school district for a school purpose.
(b)  A national assessment provider or a provider of a college and career counseling service may, in response to a request of a student, and on receiving the express affirmative consent of the student or the student's parent given in response to clear and conspicuous notice, use or disclose covered information solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities.
(c)  An operator may disclose covered information if a provision of federal or state law requires the operator to disclose the information.  The operator must comply with the requirements of federal and state law to protect the information being disclosed.
(d)  An operator may disclose covered information to a third party if the operator has contracted with the third party to provide a service for a school purpose for or on behalf of the operator.  The contract must prohibit the third party from using any covered information for any purpose other than providing the contracted service.  The operator must require the third party to implement and maintain reasonable procedures and practices designed to prevent disclosure of covered information.
(e)  Nothing in this subchapter prohibits the operator's use of covered information for maintaining, developing, supporting, improving, or diagnosing the operator's website, online service, online application, or mobile application.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.154. Allowed Use of Covered Information

Sec. 32.154.  ALLOWED USE OF COVERED INFORMATION.  This subchapter does not prohibit an operator from:
(1)  using covered information:
(A)  to improve educational products if that information is not associated with an identified student using the operator's website, online service, online application, or mobile application; and
(B)  that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services and to market the operator's services;
(2)  sharing covered information that is not associated with an identified student for the development and improvement of educational websites, online services, online applications, or mobile applications;
(3)  recommending to a student additional services or content relating to an educational, learning, or employment opportunity within a website, online service, online application, or mobile application if the recommendation is not determined by payment or other consideration from a third party;
(4)  responding to a student's request for information or for feedback without the information or response being determined by payment or other consideration from a third party; or
(5)  if the operator is a national assessment provider or a provider of a college and career counseling service, identifying for a student, with the express affirmative consent of the student or the student's parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institution of higher education or scholarship provider provides consideration to the operator.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.155. Protection of Covered Information

Sec. 32.155.  PROTECTION OF COVERED INFORMATION.  (a)  An operator must implement and maintain reasonable security procedures and practices designed to protect any covered information from unauthorized access, deletion, use, modification, or disclosure.
(b)  Any operator that has been approved by the agency or had a product adopted by the agency and possesses any covered information must use the unique identifier established by the Texas Student Data System (TSDS) or a successor data management system maintained by the agency for any account creation, data upload, data transmission, analysis, or reporting to mask all personally identifiable student information.  The operator shall adhere to a state-required student data sharing agreement that includes an established unique identifier standard for all operators as prescribed by the agency.
(c)  In addition to including the unique identifier in releasing information as provided by Subsection (b), an operator may include any other data field identified by the agency or by a school district, open-enrollment charter school, regional education service center, or other local education agency as necessary for the information being released to be useful.
(d)  A school district, open-enrollment charter school, regional education service center, or other local education agency may include additional data fields in an agreement with an operator or the amendment of an agreement with an operator under this section.  An operator may agree to include the additional data fields requested by a school district, open-enrollment charter school, regional education service center, or other local education agency but may not require that additional data fields be included.
(e)  A school district, open-enrollment charter school, regional education service center, or other local education agency may require an operator that contracts directly with the entity to adhere to a state-required student data sharing agreement that includes the use of an established unique identifier standard for all operators as prescribed by the agency.
(f)  A national assessment provider who receives covered information from a student or from a school district or campus on behalf of a student is not required to comply with Subsection (b) or (e) if the provider receives the covered information solely to provide access to:
(1)  employment, educational scholarships, financial aid, or postsecondary educational opportunities; or
(2)  educational resources for middle school, junior high school, or high school students.
(g)  The commissioner may adopt rules as necessary to administer this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.156. Deletion of Covered Information

Sec. 32.156.  DELETION OF COVERED INFORMATION.  If a school district requests the deletion of a student's covered information under the control of the school district and maintained by the operator, the operator shall delete the information not later than the 60th day after the date of the request, or as otherwise specified in the contract or terms of service, unless the student or the student's parent consents to the operator's maintenance of the covered information.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 32 - Computers, Computer-Related Equipment, and Student Information Protection › Subchapter D. Student Information › Section 32.157. Applicability

Sec. 32.157.  APPLICABILITY.  This subchapter does not:
(1)  limit the authority of a law enforcement agency to obtain any information from an operator as authorized by law or under a court order;
(2)  limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
(3)  apply to general audience:
(A)  websites;
(B)  online services;
(C)  online applications; or
(D)  mobile applications;
(4)  limit service providers from providing Internet connection to school districts or students and students' families;
(5)  prohibit an operator from marketing educational products directly to a student's parent if the marketing is not a result of the use of covered information obtained by the operator through providing services to the school district;
(6)  impose a duty on a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;
(7)  impose a duty on a provider of an interactive computer service to review or enforce compliance with this subchapter by third-party content providers;
(8)  prohibit a student from downloading, exporting, transferring, saving, or maintaining the student's data or documents; or
(9)  alter the rights or duties of the operator, provider, school, parent, or student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other federal law.
Added by Acts 2017, 85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017.