88R4801 CXP-D     By: Creighton S.B. No. 2089       A BILL TO BE ENTITLED   AN ACT   relating to the instructional material list and supplemental   instructional materials adopted by the State Board of Education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.023, Education Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Each instructional material on the list:                (1)  must [be]:                      (A)  be [(1)] free from factual errors;                      (B)  be [(2)] suitable for the subject and grade   level for which the instructional material was submitted; [and]                      (C)  be [(3)] reviewed by academic experts in the   subject and grade level for which the instructional material was   submitted;                      (D)  present a scientific theory in an objective   educational manner that:                            (i)  clearly distinguishes the theory from   fact; and                            (ii)  includes evidence for both the   strengths and weaknesses of the theory;                      (E)  present violence, if it appears, in the   context of the causes and consequences of the violence and not for   unwholesome excitement or sensationalism;                      (F)  present positive aspects of the United States   and its heritage, if the instructional material discusses the   United States or its heritage;                      (G)  present contrasting points of view regarding   significant political or social movements in history in a balanced   and factual manner;                      (H)  treat all groups fairly and avoid biases or   stereotypes regarding any particular individual, group, or type of   work to reflect the positive contributions of all individuals and   groups to the American way of life; and                      (I)  include information needed to develop mutual   respect and understanding among all persons; and                (2)  may not:                      (A)  include selections or works that condone   civil disorder, social strife, or disregard for the law;                      (B)  include blatantly offensive language or   illustrations;                      (C)  encourage lifestyles that deviate from   generally accepted standards of society; or                      (D)  be authored by an employee of the agency.          (c)  If the State Board of Education determines that an   instructional material being considered for adoption under this   section contains content that does not comply with the standards   under Subsection (b), the board may not adopt the instructional   material unless the publisher removes the content or modifies the   content in a manner that complies with the standards under that   subsection.          SECTION 2.  Section 31.035, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Notwithstanding any other provision of this subchapter,   the State Board of Education may adopt supplemental instructional   materials that are not on the list adopted under Section   31.023.  The State Board of Education may adopt supplemental   instructional material under this section only if the instructional   material:                (1)  contains material covering one or more primary   focal points or primary topics of a subject in the required   curriculum under Section 28.002, as determined by the State Board   of Education;                (2)  is not designed to serve as the sole instructional   material for a full course;                (3)  meets applicable physical specifications adopted   by the State Board of Education; and                (4)  complies with the standards under Section   31.023(b) [is free from factual errors;                [(5)  is suitable for the subject and grade level; and                [(6)  is reviewed by academic experts in the subject   and grade level].          (a-1)  If the State Board of Education determines that an   instructional material being considered for adoption under this   section contains content that does not comply with the standards   under Subsection (a), the board may not adopt the instructional   material unless the publisher removes the content or modifies the   content in a manner that complies with the standards under that   subsection.          SECTION 3.  Sections 31.023 and 31.035, Education Code, as   amended by this Act, apply only to an instructional material list or   supplemental instructional material adopted on or after the   effective date of this Act. An instructional material list or   supplemental instructional material adopted before the effective   date of this Act is governed by the law in effect when the   instructional material list or supplemental instructional material   was adopted, and the former law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect September 1, 2023.