By: Creighton, et al. S.B. No. 2565     A BILL TO BE ENTITLED   AN ACT   relating to instructional material and technology, the adoption of   essential knowledge and skills for certain public school foundation   curriculum subjects, and creating allotments for the procurement of   certain instructional materials under the Foundation School   Program; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.164, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The board of trustees of each school district shall   limit redundant requests for information and the number and length   of written reports that a classroom teacher is required to prepare.   A classroom teacher may not be required to prepare any written   information other than:                (1)  any report concerning the health, safety, or   welfare of a student;                (2)  a report of a student's grade on an assignment or   examination;                (3)  a report of a student's academic progress in a   class or course;                (4)  a report of a student's grades at the end of each   grade reporting period;                (5)  a report on instructional materials;                (6)  subject to Subsection (a-1), a unit or weekly   lesson plan that outlines, in a brief and general manner, the   information to be presented during each period at the secondary   level or in each subject or topic at the elementary level;                (7)  an attendance report;                (8)  any report required for accreditation review;                (9)  any information required by a school district that   relates to a complaint, grievance, or actual or potential   litigation and that requires the classroom teacher's involvement;   or                (10)  any information specifically required by law,   rule, or regulation.          (a-1)  A unit or weekly lesson plan that is included in   instructional material, as defined by Section 31.002, and adopted   by the board of trustees of the school district at which a teacher   is employed is sufficient to satisfy a requirement to prepare   written information described by Subsection (a)(6).          SECTION 2.  Section 21.044, Education Code, is amended by   amending Subsection (a-1) and adding Subsection (h) to read as   follows:          (a-1)  Any training requirements for a certificate specified   under Subsection (a) must require that the person demonstrate:                (1)  basic knowledge of:                      (A)  each disability category under the   Individuals with Disabilities Education Act (20 U.S.C. Section 1400   et seq.) and how each category can affect student learning and   development; and                      (B)  conditions that may be considered a   disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.   Section 794), and how a condition covered by that section can affect   student learning and development;                (2)  competence in the use of proactive instructional   planning techniques that:                      (A)  provide flexibility in the ways:                            (i)  information is presented;                            (ii)  students respond or demonstrate   knowledge and skills; and                            (iii)  students are engaged;                      (B)  reduce barriers in instruction;                      (C)  provide appropriate accommodations,   supports, and challenges; and                      (D)  maintain high achievement expectations for   all students, including students with disabilities and students of   limited English proficiency; [and]                (3)  competence in the use of evidence-based inclusive   instructional practices, including:                      (A)  general and special education collaborative   and co-teaching models and approaches;                      (B)  multitiered systems of support, including   response to intervention strategies, classroom and school level   data-based collaborative structures, and evidence-based strategies   for intervention and progress monitoring systems in academic areas;                      (C)  classroom management techniques using   evidence-based behavioral intervention strategies and supports;   and                      (D)  appropriate adaptation strategies, including   accommodations, modifications, and instruction in the use of   assistive technology for instruction; and                (4)  thorough understanding of and competence in the   use of open education resource instructional materials included on   the list of approved instructional materials maintained by the   State Board of Education under Section 31.022 in each subject area   and grade level covered by the person's certificate.          (h)  An educator preparation program may not include   instruction on the use of instructional materials that incorporates   the method of three-cueing, as defined by Section 28.0062(a-1),   into foundational skills reading instruction.          SECTION 3.  Subchapter I, Chapter 21, Education Code, is   amended by adding Section 21.4045 to read as follows:          Sec. 21.4045.  PLANNING AND NONINSTRUCTIONAL DUTIES OF   TEACHERS. (a) A school district may permit, but may not require, a   classroom teacher for a foundation curriculum course to spend   planning and preparation time to which the teacher is entitled   under Section 21.404 creating or selecting instructional materials   to initially cover the applicable essential knowledge and skills   for the course unless the contract under which the teacher is   employed explicitly states that the teacher is responsible for   duties relating to initial lesson plan design or instructional   material selection.          (b)  A contract between a school district and a classroom   teacher under which a teacher is assigned responsibility for duties   unrelated to providing instruction and that requires the teacher to   work a greater number of hours than the number of hours worked by   other full-time teachers of the same grade level in the district   must explicitly state each of the teacher's duties unrelated to   providing instruction.          SECTION 4.  Subchapter B, Chapter 22, Education Code, is   amended by adding Section 22.05125 to read as follows:          Sec. 22.05125.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR   CLASSROOM TEACHERS. (a) In this section, "disciplinary   proceeding" has the meaning assigned by Section 22.0512.          (b)  A classroom teacher employed by a school district may   not be subject to disciplinary proceedings for an allegation that   the teacher violated Section 28.0022, the Establishment Clause of   the First Amendment of the United States Constitution, or a related   state or federal law if:                (1)  the teacher used only instructional material   included on the list of approved instructional material maintained   by the State Board of Education under Section 31.022 and adopted by   the district; and                (2)  the allegation does not dispute that the teacher   delivered instruction from instructional material described by   Subdivision (1) with fidelity.          (c)  The immunity provided by Subsection (b) is in addition   to any other immunity provided by law. This section may not be   construed to interfere with any other immunity provided by law.          SECTION 5.  Section 26.006, Education Code, is amended by   amending Subsection (b) and adding Subsections (b-1) and (f) to   read as follows:          (b)  A school district shall make teaching materials and   tests readily available for review by parents both in person and, if   applicable and subject to denial under Section 31.154(e), through   an instructional materials parent portal established under Section   31.154. In providing access to instructional materials to a   student's parent under this section, the district shall:                (1)  allow access beginning not later than 30 days   before the school year begins and concluding not earlier than 30   days after the school year ends; and                (2)  include, for the entire period specified in   Subdivision (1), access to all instructional materials that pertain   to each subject area in the grade level in which the student is   enrolled, except for:                      (A)  tests or exams that have not yet been   administered to the student; and                      (B)  the student's graded assignments.          (b-1)  The district may specify reasonable hours for   in-person review.          (f)  A school district that denies a parent access to an   instructional materials parent portal under Section 31.154(e) must   permit the parent to appeal the denial to the board of trustees of   the school district.          SECTION 6.  Chapter 26, Education Code, is amended by adding   Section 26.0061 to read as follows:          Sec. 26.0061.  RIGHT TO REQUEST INSTRUCTIONAL MATERIAL   REVIEW. (a) The board of trustees of each school district shall   establish a process by which a parent of a student, as indicated on   the student registration form at the student's campus, may request   an instructional material review under Section 31.0252 for a   subject area in the grade level in which the student is enrolled.          (b)  A process established under Subsection (a):                (1)  may not require more than one parent of a student   to make the request;                (2)  must provide for the board of trustees of the   school district to determine if the request will be granted, either   originally or through an appeal process; and                (3)  may permit the requesting parent to review the   instructional material directly before the district conducts an   instructional material review under Section 31.0252.          (c)  If the parents of at least 25 percent of the students   enrolled at a campus present to the board of trustees of the school   district in which the campus is located a petition for the board to   conduct an instructional material review under Section 31.0252, the   board shall, subject to Subsection (d), conduct the review, unless   the petition is presented by the parents of less than 50 percent of   the students enrolled at the campus and, by a majority vote, the   board denies the request. A review conducted under this subsection   shall include a review of instructional materials for each subject   area or grade level specified in the petition.          (d)  The board of trustees of a school district is not   required to conduct a review under this section for a specific   subject area or grade level at a specific district campus more than   once per school year.          (e)  Parental access to instructional material provided by   an instructional material review conducted under this section is in   addition to any other right to access instructional material   granted by this title or school district policy.          (f)  The State Board of Education may adopt rules to   implement this section.          SECTION 7.  Section 28.002, Education Code, is amended by   adding Subsections (c-4) and (c-5) to read as follows:          (c-4)  In adopting essential knowledge and skills for   English language arts under Subsection (a)(1)(A), the State Board   of Education shall specify a list of required vocabulary and at   least one literary work to be taught in each grade level. The   vocabulary specified by the board must support the essential   knowledge and skills adopted for other courses offered under the   foundation curriculum under Subsection (a)(1).          (c-5)  The State Board of Education shall initiate the   process of specifying an initial list of vocabulary and literary   works as required by Subsection (c-4) not later than February 1,   2024. The State Board of Education shall request from the agency   recommendations regarding the list, and that request for   recommendations may be considered an initiation of the process.   This subsection expires September 1, 2025.          SECTION 8.  The heading to Section 28.0027, Education Code,   is amended to read as follows:          Sec. 28.0027.  DISTRICT CURRICULUM SCOPE, [AND] SEQUENCE,   AND INSTRUCTIONAL MATERIAL.          SECTION 9.  Sections 28.0027(a) and (b), Education Code, are   amended to read as follows:          (a)  In adopting a recommended or designated scope and   sequence or instructional materials for a subject in the required   curriculum under Section 28.002(a) in a particular grade level, a   school district shall ensure sufficient time is provided for   teachers to teach and students to learn the essential knowledge and   skills for that subject and grade level.          (b)  Except as provided by Subsection (c), a school district   may not penalize a teacher who does not follow the pacing of [a]   recommended or designated instructional materials or the pacing of   the recommended or designated scope and sequence for a subject in   the required curriculum under Section 28.002(a) in a particular   grade level based on the teacher's determination that the teacher's   students need more or less time in a specific area to demonstrate   proficiency in the essential knowledge and skills for that subject   and grade level.          SECTION 10.  Section 28.0062, Education Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  In this subsection, "three-cueing" means a method of   reading instruction for identification of words by which a student   is encouraged to draw on context and sentence structure to read   words without sounding the words out or using a phonics-based   approach.  A school district or open-enrollment charter school may   not include any instruction that incorporates three-cueing in the   phonics curriculum required under Subsection (a)(1).          SECTION 11.  The heading to Chapter 31, Education Code, is   amended to read as follows:   CHAPTER 31. INSTRUCTIONAL MATERIALS AND TECHNOLOGY          SECTION 12.  Section 31.002, Education Code, is amended by   amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),   (1-c), and (3) to read as follows:                (1)  "Full subject tier one instructional material"   means instructional material designed to, if implemented as   designed, provide a student with mastery of the essential knowledge   and skills adopted by the board for a certain subject and grade   level in the required curriculum under Section 28.002 or for   prekindergarten without the need for supplementation.                (1-a)  "Instructional material" means content that   conveys the essential knowledge and skills of a subject in the   public school curriculum through a medium or a combination of media   for conveying information to a student. The term includes:                      (A)  material used by a teacher, including a   lesson plan, answer key, grading rubric, or unit plan;                      (B)  material used by a principal or campus   instructional leader to support instruction; and                      (C)  material used by a student, including a book,   supplementary materials, a combination of a book, workbook, and   supplementary materials, computer software, magnetic media, DVD,   CD-ROM, computer courseware, on-line services, or an electronic   medium, or other means of conveying information to the student or   otherwise contributing to the learning process through electronic   means, including open education resource instructional material.                (1-b) [(1-a)]  "Open education resource instructional   material" means teaching, learning, and research resources that   reside in the public domain or have been released under an   intellectual property license that allows for free use, reuse,   modification, and sharing with others, including full courses,   course materials, modules, textbooks, streaming videos, tests,   software, and any other tools, materials, or techniques used to   support access to knowledge. [The term includes state-developed   open education resource instructional material purchased under   Subchapter B-1.]                (1-c)  "Partial subject tier one instructional   material" means instructional material designed to, if implemented   as designed, provide a student with mastery in a portion of the   essential knowledge and skills adopted by the State Board of   Education for a certain subject and grade level in the required   curriculum under Section 28.002 or for prekindergarten without the   need for supplementation in the essential knowledge and skills   covered.                (3)  "Supplemental instructional material" means   instructional material designed to assist in the instruction of one   or more of the essential knowledge and skills adopted by the State   Board of Education for a subject in the required curriculum under   Section 28.002 or for prekindergarten.          SECTION 13.  Section 31.003, Education Code, is amended to   read as follows:          Sec. 31.003.  RULES. (a) The State Board of Education may   adopt rules, consistent with this chapter, for the adoption,   requisition, distribution, care, use, and disposal of   instructional materials.          (b)  The commissioner may adopt rules, consistent with this   chapter, as necessary to implement any provision of this chapter.          SECTION 14.  Subchapter A, Chapter 31, Education Code, is   amended by adding Section 31.006 to read as follows:          Sec. 31.006.  ADVISORY COMMITTEE. The State Board of   Education or the agency may form an advisory committee to comply   with the provisions of this chapter. Chapter 2110, Government   Code, does not apply to an advisory committee formed under this   section.          SECTION 15.  Chapter 31, Education Code, is amended by   adding Subchapter A-1, and a heading is added to that subchapter to   read as follows:   SUBCHAPTER A-1. STATE FUNDING FOR INSTRUCTIONAL MATERIALS AND   TECHNOLOGY          SECTION 16.  Section 31.005, Education Code, is transferred   to Subchapter A-1, Chapter 31, Education Code, as added by this Act,   and redesignated as Section 31.0205 to read as follows:          Sec. 31.0205  [31.005].  FUNDING FOR OPEN-ENROLLMENT   CHARTER SCHOOLS. An open-enrollment charter school is entitled to   the instructional materials and technology allotment under this   chapter and is subject to this chapter as if the school were a   school district.          SECTION 17.  Sections 31.021, 31.0212, 31.0214, and 31.0215,   Education Code, are transferred to Subchapter A-1, Chapter 31,   Education Code, as added by this Act, and amended to read as   follows:          Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY   FUND. (a) The state instructional materials and technology fund   consists of:                (1)  an amount set aside by the State Board of Education   from the available school fund, in accordance with Section   43.001(d); and                (2)  all amounts lawfully paid into the fund from any   other source.          (c)  Money in the state instructional materials and   technology fund shall be used to:                (1)  fund the instructional materials and technology   allotment, as provided by Section 31.0211;                (2)  purchase special instructional materials for the   education of blind and visually impaired students in public   schools;                (3)  pay the expenses associated with the instructional   materials adoption and review process and Internet website   maintained under this chapter;                (4)  pay the expenses associated with the purchase,   [or] licensing, printing, or other reproduction of open education   resource instructional material;                (5)  pay the expenses associated with the purchase of   instructional material, including freight and shipping and the   insurance expenses associated with freight and shipping;                (6)  fund the technology lending grant program   established under Section 32.301; and                (7)  provide funding to the Texas School for the Blind   and Visually Impaired, the Texas School for the Deaf, and the Texas   Juvenile Justice Department[; and                [(8)  pay the expenses associated with the   instructional materials web portal developed under Section   31.081].          (d)  Money transferred to the state instructional materials   and technology fund remains in the fund until spent and does not   lapse to the state at the end of the fiscal year.          Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   ACCOUNT. (a) The commissioner shall maintain an instructional   materials and technology account for each school district. In the   first year of each biennium, the commissioner shall deposit in the   account for each district the amount of the district's   instructional materials and technology allotment under Section   31.0211.          (b)  The commissioner shall pay the cost of instructional   materials requisitioned by a school district under Section 31.103   using funds from the district's instructional materials and   technology account.          (c)  [A school district may also use funds in the district's   account to purchase electronic instructional materials or   technological equipment. The district shall submit to the   commissioner a request for funds for this purpose from the   district's account. The commissioner shall adopt rules regarding   the documentation a school district must submit to receive funds   under this subsection.          [(d)]  Money deposited in a school district's instructional   materials and technology account during each state fiscal biennium   remains in the account and available for use by the district for the   entire biennium. At the end of each biennium, a district with   unused money in the district's account may carry forward any   remaining balance to the next biennium.          (d)  A [(e)  The commissioner shall adopt rules as necessary   to implement this section. The rules must include a requirement   that a] school district shall provide to the agency the title and   publication information for any instructional materials   requisitioned or purchased by the district with the district's   instructional materials and technology allotment.          (e)  The agency shall provide for the development and   maintenance of an online requisition and disbursement system for   each school district's instructional materials and technology   account.          Sec. 31.0214.  ADJUSTMENT FOR HIGH ENROLLMENT GROWTH   DISTRICTS. [(a)] Each year the commissioner shall adjust the   instructional materials and technology allotment of school   districts experiencing high enrollment growth. The commissioner   shall establish a procedure for determining high enrollment growth   districts eligible to receive an adjustment under this section and   the amount of the instructional materials and technology allotment   those districts will receive.          [(b)  The commissioner may adopt rules as necessary to   implement this section.]          Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   ALLOTMENT PURCHASES. (a) The commissioner shall, as early as   practicable during each biennium, notify each school district and   open-enrollment charter school of the estimated amount to which the   district or charter school will be entitled under Section 31.0211   during the next fiscal biennium.          (b)  The commissioner shall [may] allow a school district or   open-enrollment charter school to place an order for instructional   materials before the beginning of a fiscal biennium and to receive   instructional materials before payment. The commissioner shall   limit the cost of an order placed under this section to 80 percent   of the estimated amount to which a school district or   open-enrollment charter school is estimated to be entitled as   provided by Subsection (a) and shall first credit any balance in a   district or charter school instructional materials and technology   account to pay for an order placed under this section.          (c)  The commissioner shall make payments for orders placed   under this section as funds become available to the instructional   materials and technology fund and shall prioritize payment of   orders placed under this section over reimbursement of purchases   made directly by a school district or open-enrollment charter   school.          (d)  The commissioner shall ensure that publishers of   instructional materials are informed of any potential delay in   payment and that payment is subject to the availability of   appropriated funds. A publisher may decline to accept an order   placed under this section.          (e)  Chapter 2251, Government Code, does not apply to   purchases of instructional materials under this section.          [(f)  The commissioner may adopt rules to implement this   section.]          SECTION 18.  Section 31.0211, Education Code, as amended by   Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of the 87th   Legislature, Regular Session, 2021, is transferred to Subchapter   A-1, Chapter 31, Education Code, as added by this Act, reenacted,   and amended to read as follows:          Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   ALLOTMENT. (a) A school district is entitled to an allotment each   biennium from the state instructional materials and technology fund   for each student enrolled in the district on a date during the last   year of the preceding biennium specified by the commissioner. The   commissioner shall determine the amount of the allotment per   student each biennium on the basis of the amount of money available   in the state instructional materials and technology fund to fund   the allotment. An allotment under this section shall be   transferred from the state instructional materials and technology   fund to the credit of the district's instructional materials and   technology account as provided by Section 31.0212.          (b)  A juvenile justice alternative education program under   Section 37.011 is entitled to an allotment from the state   instructional materials and technology fund in an amount determined   by the commissioner. The program shall use the allotment to   purchase items listed in Subsection (c) for students enrolled in   the program. The commissioner's determination under this   subsection is final and may not be appealed.          (c)  Funds allotted under this section may be used to:                (1)  purchase:                      (A)  [materials on the list adopted by the   commissioner, as provided by Section 31.0231;                      [(B)]  instructional materials, regardless of   whether the instructional materials are on the list of approved   instructional materials maintained by the State Board of Education   under Section 31.022 [adopted under Section 31.024];                      (B) [(C)]  consumable instructional materials,   including workbooks;                      (C) [(D)]  instructional materials for use in   bilingual education classes, as provided by Section 31.029;                      (D) [(E)]  instructional materials for use in   college preparatory courses under Section 28.014, as provided by   Section 31.031;                      (E) [(F)]  supplemental instructional materials   [, as provided by Section 31.035];                      (F)  [(G)  state-developed] open education   resource instructional materials, as provided by Subchapter B-1;                      (G) [(H)]  instructional materials and   technological equipment under any continuing contracts of the   district in effect on September 1, 2011;                      (H) [(I)]  technological equipment necessary to   support the use of [materials included on the list adopted by the   commissioner under Section 31.0231 or] any instructional materials   purchased with an allotment under this section;                      (I) [(J)]  inventory software or systems for   storing, managing, and accessing instructional materials and   analyzing the usage and effectiveness of the instructional   materials; and                      (J) [(K)]  services, equipment, and technology   infrastructure necessary to ensure Internet connectivity and   adequate bandwidth; and                (2)  pay:                      (A)  for training educational personnel directly   involved in student learning in the appropriate use of   instructional materials and for providing for access to   technological equipment for instructional use;                      (B)  for training personnel in the electronic   administration of assessment instruments; [and]                      (C)  the salary and other expenses of an employee   who provides technical support for the use of technological   equipment directly involved in student learning; and                      (D) [(C)]  for costs associated with distance   learning, including Wi-Fi, Internet access hotspots, wireless   network service, broadband service, and other services and   technological equipment necessary to facilitate Internet access.          (d)  [Each biennium the commissioner shall assess the   technology needs for all school districts and provide an estimate   of the cost for these resources to the State Board of Education.          [(d-1)]  In purchasing technological equipment, a school   district shall:                (1)  secure technological solutions that meet the   varying and unique needs of students and teachers in the district;   and                (2)  consider:                      (A)  the long-term cost of ownership; and                      (B)  flexibility for innovation.          (e)  Not later than May 31 of each school year, a school   district may request that the commissioner adjust the number of   students for which the district is entitled to receive an allotment   under Subsection (a) on the grounds that the number of students   attending school in the district will increase or decrease during   the school year for which the allotment is provided. The   commissioner may also adjust the number of students for which a   district is entitled to receive an allotment, without a request by   the district, if the commissioner determines a different number of   students is a more accurate reflection of students who will be   attending school in the district. The commissioner's determination   under this subsection is final.          (f)  Funds allotted under this section may not be used to   purchase instructional material that contains obscene or harmful   content or would otherwise cause the school district to which the   funds were allotted to be unable to submit the certification   required under Section 31.1011(a)(1)(B) [The commissioner may   adopt rules as necessary to implement this section].          SECTION 19.  Subchapter A-1, Chapter 31, Education Code, as   added by this Act, is amended by adding Section 31.0216 to read as   follows:          Sec. 31.0216.  AGENCY PURCHASE OF INSTRUCTIONAL MATERIALS   AND TECHNOLOGY. (a) From funds appropriated for the purpose, the   agency may contract directly, including by extending a contract,   for the purchase of instructional materials and technology for use   by school districts.          (b)  The provisions of Chapter 2157, Government Code,   requiring a state agency to use a contract or contract terms   developed or preapproved by the Department of Information Resources   do not apply to a contract entered into under this section, but the   agency may participate in a program authorized by that chapter.          SECTION 20.  The heading to Subchapter B, Chapter 31,   Education Code, is amended to read as follows:   SUBCHAPTER B. STATE REVIEW AND [FUNDING,] ADOPTION[, AND PURCHASE]          SECTION 21.  The heading to Section 31.022, Education Code,   is amended to read as follows:          Sec. 31.022.  STATE BOARD OF EDUCATION INSTRUCTIONAL   MATERIALS REVIEW AND APPROVAL [ADOPTION].          SECTION 22.  Section 31.022, Education Code, is amended by   amending Subsections (a), (b), (c), and (d) and adding Subsection   (c-1) to read as follows:          (a)  The State Board of Education shall [adopt a] review [and   adoption cycle for] instructional materials provided to the board   by the agency under Section 31.023. Before approving instructional   material, the board must determine that the material is free from   factual error and suitable for the subject and grade level for which   the material is designed, and, if the material is intended to cover   the foundational skills reading curriculum in kindergarten through   third grade, does not include three-cueing, as defined by Section   28.0062(a-1). The board shall add each material approved under   this section to a list of approvedinstructionalmaterials and may   add a material not approved under this section to a list of rejected   instructional materials [for elementary grade levels, including   prekindergarten, and secondary grade levels, for each subject in   the required curriculum under Section 28.002. In adopting the   cycle, the board:                [(1)  is not required to review and adopt instructional   materials for all grade levels in a single year; and                [(2)  shall give priority to instructional materials in   the following subjects:                      [(A)  foundation curriculum subjects for which   the essential knowledge and skills have been substantially revised   and for which assessment instruments are required under Subchapter   B, Chapter 39, including career and technology courses that satisfy   foundation curriculum requirements as provided by Section   28.002(n);                      [(B)  foundation curriculum subjects for which   the essential knowledge and skills have been substantially revised,   including career and technology courses that satisfy foundation   curriculum requirements as provided by Section 28.002(n);                      [(C)  foundation curriculum subjects not   described by Paragraph (A) or (B), including career and technology   courses that satisfy foundation curriculum requirements as   provided by Section 28.002(n); and                      [(D)  enrichment curriculum subjects].          (b)  [The board shall organize the cycle for subjects in the   foundation curriculum so that not more than one-fourth of the   instructional materials for subjects in the foundation curriculum   are reviewed each biennium.] The State Board of Education may adopt   criteria necessary for approval of instructional material under   Subsection (a) and may require:                (1)  all instructional material submitted as full   subject tier one instructional material to cover a minimum   percentage, as determined by the board, of the essential knowledge   and skills adopted for the subject and grade level for which the   material is designed;                (2)  electronic samples of the material;                (3)  certain physical specifications; and                (4)  the instructional material to not contain obscene   or harmful content and otherwise be compatible with certification   requirements under Section 31.1011(a)(1)(B) [board shall adopt   rules to provide for a full and complete investigation of   instructional materials for each subject in the foundation   curriculum every eight years.  The adoption of instructional   materials for a subject in the foundation curriculum may be   extended beyond the eight-year period only if the content of   instructional materials for a subject is sufficiently current].          (c)  The State Board of Education may remove instructional   material from the list of approved instructional materials under   this section if the essential knowledge and skills intended to be   covered by the material are revised or the material is revised   without the approval of the board [board shall adopt rules to   provide for a full and complete investigation of instructional   materials for each subject in the enrichment curriculum on a cycle   the board considers appropriate].          (c-1)  If the State Board of Education intends to remove an   instructional material from the list of approved instructional   materials under Subsection (c) because the board plans to revise   the essential knowledge and skills intended to be covered by the   material, the board shall issue a proclamation requesting the   revision of the applicable instructional materials and shall, not   later than December 1 of the year preceding the school year for   which the revision will take effect, provide to each school   district the updated list of approved instructional materials for   the relevant subject or grade level.          (d)  The State Board of Education shall indicate whether each   instructional material reviewed under Subsection (a) is capable of   being made available through an instructional materials parent   portal established under Section 31.154 [At least 12 months before   the beginning of the school year for which instructional materials   for a particular subject and grade level will be adopted under the   review and adoption cycle, the board shall publish notice of the   review and adoption cycle for those instructional materials.  A   request for production must allow submission of open education   resource instructional materials that are available for use by the   state without charge on the same basis as instructional materials   offered for sale].          SECTION 23.  Section 31.023, Education Code, is amended to   read as follows:          Sec. 31.023.  INSTRUCTIONAL MATERIAL REVIEW [LIST]. (a)   The commissioner shall establish, in consultation and with the   approval of the State Board of Education, a process for the annual   review of instructional materials by the agency. The process   established under this subsection must:                (1)  establish a process for the agency to select   instructional materials for review that includes:                      (A)  evaluating requests for review of   instructional materials submitted to the agency by:                            (i)  a school district;                            (ii)  a majority of the members of the State   Board of Education; or                            (iii)  a publisher of instructional   material;                      (B)  reviewing instructional materials   requisitioned or purchased under Section 31.0212; and                      (C)  reviewing instructional materials using a   time frame appropriate for the proclamation requesting the revision   of the instructional materials under Section 31.022(c-1) to address   revisions made by the State Board of Education to the essential   knowledge and skills for a particular subject or grade level;                (2)  describe the types of instructional materials the   agency may review, including:                      (A)  partial subject tier one instructional   material, including those designed for use in the phonics   curriculum required under Section 28.0062(a)(1);                      (B)  open education resource instructional   material;                      (C)  instructional materials developed by a   school district and submitted to the agency by the district for   review; and                      (D)  commercially available full subject tier one   instructional material;                (3)  establish procedures for the agency to conduct   reviews of instructional materials, including:                      (A)  the use of a rubric approved under Subsection   (b); and                      (B)  consultation with classroom teachers and   other curriculum experts for the appropriate subject and grade   level; and                (4)  ensure the procedures for review allow the agency   to review at least 200 individual instructional materials each year   [For each subject and grade level, the State Board of Education   shall adopt a list of instructional materials.  The list includes   each instructional material submitted for the subject and grade   level that meets applicable physical specifications adopted by the   State Board of Education and contains material covering at least   half of the elements of the essential knowledge and skills of the   subject and grade level in the student version of the instructional   material, as well as in the teacher version of the instructional   material, as determined by the State Board of Education under   Section 28.002 and adopted under Section 31.024].          [(a-1)  The State Board of Education shall determine the   percentage of the elements of the essential knowledge and skills of   the subject and grade level covered by each instructional material   submitted.  The board's determination under this subsection is   final.]          (b)  In conducting a review under this section, the agency   must use a rubric developed by the agency in consultation with and   approved by the State Board of Education that includes, with   respect to the instructional material being reviewed, a   determination of:                (1)  whether the material is free from factual error   and satisfies the criteria adopted by the board under Section   31.022;                (2)  the quality of the material;                (3)  the essential knowledge and skills for the subject   and grade level for which the material was developed that are   covered by the material, including identification of:                      (A)  each essential knowledge and skill covered by   the material;                      (B)  for a full subject tier one instructional   material, the percentage of the essential knowledge and skills   adopted for the subject and grade level covered by the material; and                      (C)  for a partial subject tier one instructional   material, the percentage of the essential knowledge and skills for   the relevant portion of the subject and grade level covered by the   material; and                (4)  whether the material contains obscene or harmful   content or is otherwise incompatible with certification   requirements under Section 31.1011(a)(1)(B) [Each instructional   material on the list must be:                [(1)  free from factual errors;                [(2)  suitable for the subject and grade level for   which the instructional material was submitted; and                [(3)  reviewed by academic experts in the subject and   grade level for which the instructional material was submitted].          (c)  After completing a review under this section, the agency   shall provide the results of the review and any related   recommendations to the State Board of Education for approval or   rejection of the instructional material and the inclusion of the   instructional material on a list maintained by the State Board of   Education under Section 31.022.          (d)  The agency shall use funds appropriated to the agency   for the purposes of reviewing instructional material or available   in the state instructional materials and technology fund for   purposes of implementing this section.          (e)  A process established under Subsection (a) or a rubric   developed under Subsection (b) is automatically approved by the   State Board of Education if not rejected by the board before the   91st day after the date the agency submits the item to the board.          SECTION 24.  Subchapter B, Chapter 31, Education Code, is   amended by adding Sections 31.025, 31.0251, and 31.0252 to read as   follows:          Sec. 31.025.  INSTRUCTIONAL MATERIAL INTERNET WEBSITE. (a)   The agency shall develop and maintain an instructional material   Internet website to assist school districts in locating and   selecting instructional material.          (b)  For each instructional material included, the Internet   website developed and maintained under this section shall provide:                (1)  the price of the material;                (2)  the technological requirements needed to use the   material;                (3)  the results of an agency review of the material   conducted under Section 31.023;                (4)  a statement of whether the material is included on   the list of approved instructional materials maintained by the   State Board of Education under Section 31.022 or has been rejected   by the board; and                (5)  any other information the agency determines   relevant to a school district's selection of instructional   material.          (c)  The Internet website developed and maintained under   this section must include the repository of open education resource   instructional material required by Section 31.0722.          (d)  The agency shall use funds appropriated to the agency   for the purposes of reviewing instructional material or available   in the state instructional materials and technology fund for   purposes of implementing this section.          Sec. 31.0251.  INSTRUCTIONAL MATERIAL SUPPORT. (a) On   request of a school district, the agency shall provide the district   assistance in evaluating, adopting, or using instructional   materials.          (b)  Except as otherwise provided, the agency may not require   a school district to adopt or otherwise use instructional material   reviewed by the agency under Section 31.023 or included on the list   of approved instructional materials maintained by the State Board   of Education under Section 31.022.          Sec. 31.0252.  LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL   MATERIAL. (a) The agency shall develop standards in consultation   with stakeholders, including educators, by which a school district   may conduct a review of instructional materials used by a classroom   teacher in a foundation curriculum course under Section   28.002(a)(1) to determine the degree to which the material:                (1)  corresponds with the instructional materials   adopted by the school district or district campus; and                (2)  meets the level of rigor of the essential   knowledge and skills adopted under Section 28.002 for the grade   level in which it is being used.          (b)  The agency shall develop a rubric, approved by the State   Board of Education, to determine if reviewed instructional material   complies with the rigor requirements described by Subsection   (a)(2).          (c)  The agency, in developing standards under Subsection   (a):                (1)  shall minimize, to the extent possible, the time a   classroom teacher is required to spend complying with a review   conducted under this section;                (2)  may not, unless unavoidable, require a teacher to   spend more than 30 minutes on a single review conducted under this   section; and                (3)  may not authorize the review of instructional   materials used by a classroom teacher for a specific subject or   grade level at a specific school district campus more than once per   school year.          (d)  The agency shall permit a regional education service   center or a curriculum review service provider approved by the   agency to conduct the review for a school district under this   section and provide to approved centers and providers training   relating to appropriately conducting the review.          (e)  The agency shall award grants to assist school districts   in conducting reviews under this section.          SECTION 25.  Sections 31.026(a) and (b), Education Code, are   amended to read as follows:          (a)  The State Board of Education may [shall] execute a   contract for the purchase or licensing of each adopted   instructional material.          (b)  A contract must require the publisher to provide the   number of instructional materials required by school districts in   this state for the term of the contract[, which must coincide with   the board's adoption cycle].          SECTION 26.  The heading to Subchapter B-1, Chapter 31,   Education Code, is amended to read as follows:   SUBCHAPTER B-1. [STATE-DEVELOPED] OPEN EDUCATION RESOURCE   INSTRUCTIONAL MATERIALS          SECTION 27.  Subchapter B-1, Chapter 31, Education Code, is   amended by adding Section 31.0701 to read as follows:          Sec. 31.0701.  REFERENCES TO STATE-DEVELOPED OPEN EDUCATION   RESOURCE INSTRUCTIONAL MATERIAL. In this chapter, a reference to a   state-developed open education resource instructional material   means an open education resource instructional material, as defined   by Section 31.002.          SECTION 28.  Section 31.071, Education Code, is amended to   read as follows:          Sec. 31.071.  AVAILABILITY OF OPEN EDUCATION RESOURCE   INSTRUCTIONAL MATERIAL [PURCHASE AUTHORITY]. (a) The commissioner   shall ensure that [may purchase state-developed] open education   resource instructional materials are available for use by school   districts in accordance with this subchapter.          (b)  To ensure the availability of open education resource   instructional materials under Subsection (a), the [The]   commissioner may:                (1)  purchase a license authorizing the use of [shall   purchase any state-developed] open education resource   instructional materials [through a competitive process];                (2)  purchase or otherwise acquire ownership of open   education resource instructional materials;                (3)  develop open education resource instructional   materials;                (4)  adopt open education resource instructional   materials; or                (5)  use any combination of the methods described by   Subdivisions (1), (2), (3), and (4) to acquire open education   resource instructional materials.          (b-1)  The commissioner [and                [(2)] may make available [purchase] more than one   [state-developed] open education resource instructional material   for a subject or grade level.          (b-2)  The commissioner shall:                (1)  to the extent practicable, ensure full subject   tier one instructional materials are available as open education   resource instructional material for:                      (A)  English language arts and mathematics   courses in kindergarten through grade eight;                      (B)  prekindergarten, in subject areas related to   English language arts and mathematics; and                      (C)  all foundation curriculum courses in   kindergarten through grade five in a manner that permits the   instruction of the content to be provided:                            (i)  in an integrated manner; and                            (ii)  for approximately 240 minutes of   instructional time per day, including time needed each day for   accelerated instruction under Section 28.0211; and                (2)  ensure open education resource instructional   materials are available to all students, parents, classroom   teachers, and school districts in this state free of charge, except   for a fee for the printing or shipping of the material.          (c)  Except as provided by Section 31.0711, an [a   state-developed] open education resource instructional material   must be licensed to this state under an intellectual property   license that allows for free use, reuse, modification, or sharing   with others as described by Section 31.07101 [irrevocably owned by   the state. The state must have unlimited authority to modify,   delete, combine, or add content to the instructional material after   purchase].          (d)  [The commissioner may issue a request for proposals for   state-developed open education resource instructional material:                [(1)  in accordance with the instructional material   review and adoption cycle under Section 31.022; or                [(2)  at any other time the commissioner determines   that a need exists for additional instructional material options.          [(e)]  The costs of administering this subchapter and   ensuring the availability of [purchasing state-developed] open   education resource instructional materials shall be paid from funds   appropriated for the purpose and the state instructional materials   and technology fund, as determined by the commissioner.          SECTION 29.  Subchapter B-1, Chapter 31, Education Code, is   amended by adding Section 31.07101 to read as follows:          Sec. 31.07101.  FREE USE, REUSE, MODIFICATION, OR SHARING   LICENSE. (a) Instructional material is licensed to this state   under an intellectual property license that allows for free use,   reuse, modification, or sharing with others if the license:                (1)  is irrevocable and perpetual;                (2)  permits the state to sublicense the material;                (3)  authorizes the use of the material by any person in   any location permitted by the terms of the original license, if   applicable;                (4)  authorizes access, use, transmission, adaptation,   public display, public performance, public distribution, and   copying of the material; and                (5)  authorizes the creation of derivative works as   permitted by the terms of the original license, if applicable.          (b)  Instructional material licensed to this state under an   intellectual property license that is restricted to noncommercial   or educational use qualifies under this subchapter as instructional   material licensed to this state under a license that allows for free   use, reuse, modification, or sharing with others.          SECTION 30.  Section 31.0711, Education Code, is amended to   read as follows:          Sec. 31.0711.  CONTENT NOT OWNED BY STATE. Open education   resource instructional [Instructional] material made available   [purchased] under this subchapter may include content not owned by   the state and for which preexisting rights may exist if the content:                (1)  is in the public domain;                (2)  may be used under a limitation or exception to   copyright law, including a limitation under Section 107, Copyright   Act of 1976 (17 U.S.C. Section 107); [or]                (3)  has been made available by the copyright owner   under a Creative Commons license or another intellectual property   license that allows for free use, reuse, modification, or sharing   as described by Section 31.07101; or                (4)  is licensed to the state under another [a] license   that:                      (A)  grants access to and allows for use of the   material by students, teachers, educators, and other education   professionals [the state unlimited authority to modify, delete,   combine, or add content];                      (B)  permits access, use, public display, public   performance, public distribution, and copying of the material for   noncommercial or educational purposes [the free use and repurposing   of the material by any person or entity]; and                      (C)  is for a term of use acceptable to the   commissioner to ensure a useful life of the material.          SECTION 31.  Subchapter B-1, Chapter 31, Education Code, is   amended by adding Section 31.0712 to read as follows:          Sec. 31.0712.  OPEN EDUCATION RESOURCE ADVISORY BOARD. The   agency shall establish an open education resource advisory board to   ensure that open education resource instructional materials made   available under this subchapter are:                (1)  of the highest quality;                (2)  aligned with the essential knowledge and skills   adopted by the State Board of Education under Section 28.002 for the   applicable subject and grade level;                (3)  suitable for the age of students at the grade level   for which the materials are developed;                (4)  free from bias and factual error; and                (5)  in compliance with Section 28.0022.          SECTION 32.  Section 31.072, Education Code, is amended to   read as follows:          Sec. 31.072.  CONTENT REQUIREMENTS. (a) Before being made   available under this subchapter, [State-developed] open education   resource instructional material must[:                [(1)]  be evaluated by:                (1)  teachers or other experts, as determined by the   commissioner[, before purchase]; and                (2)  parents of students in this state [meet the   requirements for inclusion on the instructional material list   adopted under Section 31.023].          (b)  Based on feedback received by the agency from teachers,   parents, and other experts regarding open education resource   instructional materials made available under this subchapter, the   [Following a curriculum revision by the State Board of Education,   the commissioner shall require the revision of state-developed open   education resource instructional material relating to that   curriculum. The] commissioner may, at any time, require an   additional revision of the [state-developed open education   resource instructional] material [or contract for ongoing   revisions of state-developed open education resource instructional   material for a period not to exceed the period under Section 31.022   for which instructional material for that subject and grade level   may be adopted. The commissioner shall use a competitive process to   request proposals to revise state-developed open education   resource instructional material under this subsection].          SECTION 33.  Subchapter B-1, Chapter 31, Education Code, is   amended by adding Section 31.0721 to read as follows:          Sec. 31.0721.  REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE   INSTRUCTIONAL MATERIAL. (a) Except as provided by Subsection (b),   open education resource instructional material may not be made   available under this subchapter to students, teachers, educators,   or other education professionals before being reviewed by the   agency under Section 31.023 and included on the list of approved   instructional materials maintained by the State Board of Education   under Section 31.022.          (b)  The agency may make open education resource   instructional material available to a limited number of classroom   teachers for a limited time before the material is reviewed by the   agency under Section 31.023 and included on the list of approved   instructional materials maintained by the State Board of Education   under Section 31.022 to assist in developing or testing the quality   of the material. A school district may only use unreviewed material   made available under this subsection in a grade level in which the   material has not been used previously if:                (1)  the board of trustees of the district approves the   use of the unreviewed material; and                (2)  the district provides evidence to the agency   showing that classroom teachers support the use of the material.          SECTION 34.  Section 31.083, Education Code, is transferred   to Subchapter B-1, Chapter 31, Education Code, redesignated as   Section 31.0722, Education Code, and amended to read as follows:          Sec. 31.0722  [31.083].  OPEN EDUCATION RESOURCE   INSTRUCTIONAL MATERIALS REPOSITORY. (a) The commissioner shall   include in the Internet website [web portal] developed under   Section 31.025 [31.081] a repository of open education resource   instructional materials, including open education resource   instructional materials made available under Section 31.0721(b),   and other electronic instructional materials that school districts   and open-enrollment charter schools may access at no cost.          (b)  The repository under Subsection (a) must:                (1)  comply with the requirements of Section 31.154;   and                (2)  allow a person to provide comments on open   education resource instructional material contained in the   repository to assist the agency in improving and updating the   material.          (c)  The agency shall ensure that a person may order a print   copy of any open education resource instructional material included   in the repository that is reducible to print [A publisher may submit   instructional materials for inclusion in the repository].          SECTION 35.  Sections 31.073 and 31.074, Education Code, are   amended to read as follows:          Sec. 31.073.  SELECTION BY SCHOOL DISTRICT. (a) Except as   otherwise provided by this code, the commissioner may not require a   school district or open-enrollment charter school to adopt or use   an open education resource instructional material.          (c)  A [Notwithstanding Section 31.022, a] school district   or open-enrollment charter school may adopt [state-developed] open   education resource instructional material at any time[, regardless   of the instructional material review and adoption cycle under that   section].          (d)  A school district or open-enrollment charter school may   not be charged for a cost associated with the selection of an   [state-developed] open education resource instructional material,   except for the cost of printing copies of the material [in addition   to instructional material adopted under Subchapter B].          Sec. 31.074.  DISTRIBUTION. (a) The commissioner shall   provide for the distribution of [state-developed] open education   resource instructional materials in a manner consistent with   distribution of instructional materials approved [adopted] under   Subchapter B.          (b)  The commissioner may use a competitive process to   contract for printing, [or] other reproduction, or storage of   [state-developed] open education resource instructional material   on behalf of a school district or open-enrollment charter school.   The commissioner may not require a school district or   open-enrollment charter school to contract with a state-approved   provider for the printing, [or] reproduction, or storage of   [state-developed] open education resource instructional material.          (c)  The agency is not required to comply with Subchapters C   and D, Chapter 2052, Government Code, with regard to the printing or   reproduction of an open education resource instructional material   made available under this subchapter.          SECTION 36.  The heading to Section 31.075, Education Code,   is amended to read as follows:          Sec. 31.075.  STATE OWNERSHIP; LICENSING.          SECTION 37.  Sections 31.075(a), (b), (c), (d), and (e),   Education Code, are amended to read as follows:          (a)  Except as otherwise provided by this subchapter,   [State-developed] open education resource instructional material   is the property of the state.          (b)  To encourage the use of instructional material   purchased by the state under this subchapter by school districts   and open-enrollment charter schools, the commissioner may [shall]   provide a license for the instructional material that [allows for   the free use, reuse, modification, or sharing of the material by any   person or entity.          [(c)  The terms of a license provided by the commissioner   under this section]:                (1)  requires [shall require] that a user who   reproduces the instructional material in any manner:                      (A)  except as provided by Subdivision (2)(A),   must keep all copyright notices for the material intact;                      (B)  except as provided by Subdivision (2)(A),   must attribute the authorship of the material to the agency or   another person specified by the commissioner;                      (C)  must indicate if the user has modified the   material;                      (D)  may not assert or imply any connection with   or sponsorship or endorsement by the agency or this state, unless   authorized by the commissioner; and                      (E)  to the extent reasonably practicable, must   provide in any product or derivative material a uniform resource   identifier or hyperlink through which a person may obtain the   material free of charge;                (2)  provides [must provide] that:                      (A)  the commissioner may request that a user   remove a copyright notice or attribution from the material and that   a user must comply with the request to the extent reasonably   practicable; and                      (B)  the rights granted under the license to a   user are automatically terminated if the user fails to comply with   the terms of the license; and                (3)  includes [may include] any additional terms   determined by the commissioner.          (d)  The commissioner may exempt a license under this section   from including one or more of the requirements under Subsection   (b)(1) [(c)(1)].          (e)  The commissioner shall determine what is considered   reasonably practicable for purposes of Subsections (b)(1)(E)   [(c)(1)(E)] and (b)(2)(A) [(c)(2)(A)].          SECTION 38.  Subchapter B-1, Chapter 31, Education Code, is   amended by adding Sections 31.0751, 31.0752, and 31.0753 to read as   follows:          Sec. 31.0751.  OPEN EDUCATION RESOURCE INSTRUCTIONAL   MATERIAL TRANSITION PLAN. (a) Except as provided by Subsection   (c), to qualify for additional state aid under Section 48.308 the   board of trustees of a school district must adopt an open education   resource instructional material transition plan to assist   classroom teachers in the district who will be using an open   education resource instructional material in a specific subject or   grade level for which the teacher has not previously used an open   education resource instructional material.          (b)  A plan adopted under this section must ensure that open   education resource instructional materials are used in a manner   that maintains the instructional flexibility of a classroom teacher   to address the needs of each student.          (c)  A school district that participates in the program   developed and maintained by the agency under Section 31.0752 is not   required to adopt a transition plan under this section.          Sec. 31.0752.  OPEN EDUCATION RESOURCE INSTRUCTIONAL   MATERIAL SUPPORT PROGRAM. The agency shall develop and maintain a   program to assist school districts and open-enrollment charter   schools in adopting and using open education resource instructional   material made available under this subchapter, including by   assisting districts and schools to:                (1)  maintain the instructional flexibility of   classroom teachers to address the needs of each student; and                (2)  schedule instructional periods in a manner that   allows classroom teachers sufficient time to effectively prepare   and present instructional material within the teacher's normal work   day.          Sec. 31.0753.  TEACHER CANDIDATE ACCESS AND SUPPORT PROGRAM.   The agency shall develop and maintain a program to assist educator   preparation programs in implementing Section 21.044(a-1)(4).          SECTION 39.  Section 31.076(b), Education Code, is amended   to read as follows:          (b)  A decision made by the commissioner under this   subchapter [regarding the purchase, revision, cost, licensing, or   distribution of state-developed open education resource   instructional material] is final and may not be appealed.          SECTION 40.  Section 31.004, Education Code, is transferred   to Subchapter C, Chapter 31, Education Code, redesignated as   Section 31.1011, Education Code, and amended to read as follows:          Sec. 31.1011  [31.004].  CERTIFICATION OF PROVISION OF   INSTRUCTIONAL MATERIALS. (a) Each school district and   open-enrollment charter school shall annually certify to the State   Board of Education and the commissioner that:                (1)  [,] for each subject in the required curriculum   under Section 28.002, other than physical education, and each grade   level, the district or school:                      (A)  provides each student with instructional   materials that cover all elements of the essential knowledge and   skills adopted by the State Board of Education for that subject and   grade level; and                      (B)  in the provision of instructional materials,   protects students from obscene or harmful content as necessary for   compliance with:                            (i)  the Children's Internet Protection Act   (Pub. L. No. 106-554);                            (ii)  Section 28.0022;                            (iii)  Section 43.22, Penal Code; and                            (iv)  any other law or regulation that   protects students from obscene or harmful content; and                (2)  the district or school used money allocated to the   district or school under the instructional materials and technology   allotment only for purposes allowed under Section 31.0211.          (b)  To determine whether each student has instructional   materials that cover all elements of the essential knowledge and   skills as required by Subsection (a), a school district or   open-enrollment charter school may consider:                (1)  instructional materials adopted by the State Board   of Education;                (2)  [materials adopted or purchased by the   commissioner under Section 31.0231 or Subchapter B-1;                [(3)  open education resource instructional materials   submitted by eligible institutions and adopted by the State Board   of Education under Section 31.0241;                [(4)  open education resource instructional materials   made available by other public schools;                [(5)]  instructional materials developed, [or]   purchased, or otherwise acquired by the school district or   open-enrollment charter school; and                (3) [(6)]  open education resource instructional   materials and other electronic instructional materials included in   the repository under Section 31.0722 [31.083].          SECTION 41.  Subchapter C, Chapter 31, Education Code, is   amended by adding Section 31.1012 to read as follows:          Sec. 31.1012.  REPORT TO AGENCY. Each school district shall   annually report to the agency information regarding the   instructional materials used by the district during the previous   school year, including the cost of each material, to assist the   agency in ensuring compliance with Section 31.151(a).          SECTION 42.  The heading to Section 31.102, Education Code,   is amended to read as follows:          Sec. 31.102.  TITLE AND CUSTODY; SCHOOL DISTRICT PURCHASES.          SECTION 43.  Section 31.102, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  A school district is not required to use a method   provided by Section 44.031(a) to purchase instructional materials   that have been reviewed by the agency under Section 31.023 and   included on the list of approved instructional materials maintained   by the State Board of Education under Section 31.022.          SECTION 44.  Section 31.103(c), Education Code, is amended   to read as follows:          (c)  In making a requisition under this section, a school   district or open-enrollment charter school may requisition   instructional materials [on the list adopted under Section 31.023]   for grades above the grade level in which a student is enrolled.          SECTION 45.  Section 31.151, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A publisher or manufacturer of instructional materials:                (1)  shall furnish any instructional material the   publisher or manufacturer offers in this state at a price that does   not exceed the lowest price at which the publisher offers that   instructional material for adoption or sale to any state, public   school, or school district in the United States;                (2)  shall automatically reduce the price of   instructional material sold for use in a school district or   open-enrollment charter school to the extent that the price is   reduced elsewhere in the United States;                (3)  shall provide any instructional material or   ancillary item free of charge in this state to the same extent that   the publisher or manufacturer provides the instructional material   or ancillary item free of charge to any state, public school, or   school district in the United States;                (4)  shall guarantee that each copy of instructional   material sold in this state is at least equal in quality to copies   of that instructional material sold elsewhere in the United States   and is free from factual error;                (5)  may not become associated or connected with,   directly or indirectly, any combination in restraint of trade in   instructional materials or enter into any understanding or   combination to control prices or restrict competition in the sale   of instructional materials for use in this state;                (6)  shall  deliver instructional materials to a   school district or open-enrollment charter school;                (7)  shall, at the time an order for instructional   materials is acknowledged, provide to school districts or   open-enrollment charter schools an accurate shipping date for   instructional materials that are back-ordered;                (8)  shall guarantee delivery of instructional   materials at least 10 business days before the opening day of school   of the year for which the instructional materials are ordered if the   instructional materials are ordered by a date specified in the   sales contract; [and]                (9)  shall submit to the State Board of Education an   affidavit certifying any instructional material the publisher or   manufacturer offers in this state to be free of factual errors at   the time the publisher executes the contract required by Section   31.026; and                (10)  shall comply with all other standard terms and   conditions adopted by the State Board of Education for use in   contracts for the procurement of instructional materials under   Subsection (a-1).          (a-1)  The State Board of Education shall adopt standard   terms and conditions for use in contracts for the procurement of   instructional materials from publishers and manufacturers under   this section.          SECTION 46.  Subchapter D, Chapter 31, Education Code, is   amended by adding Section 31.154 to read as follows:          Sec. 31.154.  INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)   The board shall adopt standards for entities that supply   instructional materials reviewed by the agency under Section 31.023   to make instructional materials supplied by the entity available on   a parent portal hosted by the entity.          (b)  An instructional materials parent portal must:                (1)  provide to each parent of a student enrolled in a   school district or open-enrollment charter school access to   instructional material that is included in the portal and used by   the district or school;                (2)  organize instructional material by unit and in the   order in which the material is designed to be used;                (3)  be capable of being searched by key word; and                (4)  for instructional material not available in a   digital format, contain sufficient information to allow a parent to   locate a physical copy of the material.          (c)  Standards adopted under Subsection (a) may not require a   classroom teacher to submit instructional materials developed by   the teacher for inclusion in an instructional materials parent   portal.          (d)  To comply with an intellectual property license or other   restrictions placed on an instructional material and to maintain   security of the information contained in an instructional materials   parent portal under this section, a parent may be required, before   accessing the portal, to:                (1)  enter a password;                (2)  comply with other user access verification   procedures; and                (3)  accept user terms and conditions, which may not   limit or exclude access to instructional material based on the uses   of the material that would otherwise be permitted under fair use   provisions of copyright law.          (e)  A parent's access to an instructional materials parent   portal under this section may be temporarily denied if the parent   fails or refuses to comply with a restriction under Subsection (d).          (f)  An entity that hosts an instructional materials parent   portal must comply with requests regarding parental access to the   portal made by a school district in compliance with this section or   Section 26.006.          SECTION 47.  Section 33.004(b), Education Code, is amended   to read as follows:          (b)  Each school, before implementing a comprehensive school   counseling program under Section 33.005, shall annually conduct a   preview of the program for parents and guardians. All materials,   including curriculum to be used during the year that is not   available digitally through an instructional materials parent   portal under Section 31.154, must be available for a parent or   guardian to preview during school hours. Materials or curriculum   not included in the materials on an instructional materials parent   portal or available on the campus for preview may not be used.          SECTION 48.  Section 48.277(b), Education Code, is amended   to read as follows:          (b)  For purposes of calculating maintenance and operations   revenue under Subsection (a), the commissioner shall:                (1)  for purposes of Subsections (a)(1) and (2), use   the following applicable school year:                      (A)  in a school year ending in an even-numbered   year, the 2019-2020 school year; and                      (B)  in a school year ending in an odd-numbered   year, the 2019-2020 or 2020-2021 school year, whichever is greater;                (2)  include all state and local funding, except for   any funding resulting from:                      (A)  reimbursement for disaster remediation costs   under former Sections 41.0931 and 42.2524;                      (B)  an adjustment for rapid decline in taxable   value of property under former Section 42.2521; [and]                      (C)  an adjustment for property value affected by   a state of disaster under former Section 42.2523; and                      (D)  additional state aid under Section 48.307 or   48.308;                (3)  adjust the calculation to reflect a reduction in   tax effort by a school district; and                (4)  if a school district or open-enrollment charter   school receives a waiver relating to eligibility requirements for   the national free or reduced-price lunch program under 42 U.S.C.   Section 1751 et seq., use the numbers of educationally   disadvantaged students on which the district's or school's   entitlement to compensatory education funds was based for the   school year before the school year in which the district or school   received the waiver, adjusted for estimated enrollment growth.          SECTION 49.  Subchapter G, Chapter 48, Education Code, is   amended by adding Sections 48.307 and 48.308 to read as follows:          Sec. 48.307.  ADDITIONAL STATE AID FOR STATE-APPROVED   INSTRUCTIONAL MATERIALS. (a) For each student enrolled in the   district, a school district is entitled to additional state aid for   each school year in an amount equal to $40, or a greater amount   provided by appropriation, to procure instruction material that has   been:                 (1)  reviewed by the agency under Section 31.023;                (2)  placed on the list of approved instructional   materials maintained by the State Board of Education under Section   31.022;                (3)  designated by the State Board of Education under   Section 31.022 as being included or capable of being included in an   instructional materials parent portal under Section 31.154; and                (4)  acquired from a publisher, manufacturer, or other   entity that has not been found to violate Section 31.151.          (b)  A school district is entitled to the amount of state aid   provided by Subsection (a) each school year, regardless of whether   the district uses the amount during the school year for which the   amount was provided.           (c)  Additional state aid provided under this section shall   be deposited to the credit of the district's instructional   materials and technology account maintained by the commissioner   under Section 31.0212 and may be accessed only for the procurement   of instructional materials in accordance with this section.           (d)  Funds provided to a school district under this section   must be spent in compliance with the requirements for the use of   funds provided under this section and Section 31.0211.          Sec. 48.308.  ADDITIONAL STATE AID FOR OPEN EDUCATION   RESOURCE INSTRUCTIONAL MATERIAL. (a) Subject to Section 31.0751, a   school district is entitled to additional state aid for each school   year in an amount not to exceed $20 for each student for the costs   incurred or for which the district is obligated to pay during the   school year in which the aid is provided for the printing and   shipping of open education resource instructional material made   available under Subchapter B-1, Chapter 31.          (b)  The amount to which a school district is entitled under   this section may not exceed actual costs incurred by the district or   for which the district is obligated to pay during the school year   for which the funds were provided.          (c)  Additional state aid provided under this section shall   be deposited to the credit of the district's instructional   materials and technology account maintained by the commissioner   under Section 31.0212 and may be accessed only for the procurement   of instructional materials in accordance with this section.           (d)  Funds provided to a school district under this section   must be spent in compliance with the requirements for the use of   funds provided under this section and Section 31.0211.          SECTION 50.  The following provisions of the Education Code   are repealed:                (1)  Section 31.0213;                (2)  Sections 31.022(d-1), (e), (f), (g), (h), and (i);                (3)  Section 31.0221;                (4)  Section 31.0231;                (5)  Section 31.024;                (6)  Section 31.0241;                (7)  Section 31.0242;                (8)  Section 31.0261;                (9)  Section 31.035;                (10)  the heading to Subchapter B-2, Chapter 31;                (11)  Section 31.081;                (12)  Section 31.082;                (13)  Section 31.084;                (14)  Section 31.101; and                (15)  Section 31.151(e).          SECTION 51.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 52.  (a) A contract entered into under Section   31.026 or 31.151, Education Code, as amended by this Act, before the   effective date of this Act is governed by the law in effect on the   date the contract was entered into, and the former law is continued   in effect for that purpose.          (b)  A contract entered into under Section 31.026 or 31.151,   Education Code, as amended by this Act, after the effective date of   this Act for a program called for by the State Board of Education   under Proclamation 2024 is governed by the law in effect on the date   the proclamation was issued, and the former law is continued in   effect for that purpose.          (c)  Section 31.026, Education Code, as amended by this Act,   does not apply to the review of or a contract for the purchase or   licensing of instructional materials required by the State Board of   Education pursuant to Proclamation 2024. The review of and   contracts for the purchase or licensing of instructional materials   required by the State Board of Education pursuant to Proclamation   2024 are governed by the law as it existed immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          (d)  Section 21.4045(b), Education Code, as added by this   Act, applies only to a contract entered into on or after the   effective date of this Act. A contract entered into before the   effective date of this Act is governed by the law in effect on the   date the contract was entered into, and the former law is continued   in effect for that purpose.          SECTION 53.  (a) Except as provided by Subsection (b) of   this section, this Act applies beginning with the 2023-2024 school   year.          (b)  Section 21.4045, Education Code, as added by this Act,   applies beginning with the 2024-2025 school year.          SECTION 54.  (a) Except as provided by Subsection (b) of   this section, this Act takes effect immediately if it receives a   vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.          (b)  Sections 48.307 and 48.308, Education Code, as added by   this Act, and Section 48.277(b), Education Code, as amended by this   Act, take effect September 1, 2023.