Effective Date: September 1, 2011

Code Sections Impacted: Varies (noted in text of summary).

INSTRUCTIONAL MATERIALS Code Sections Impacted: Amends Sections 7.055(b)(28); 7.056(f); 7.102(c)(23); 7.108(a) and (c); 7.112(a); 7.112(c)(2); 11.158(b); 11.164(a); 19.007(e); 26.006(a) and (c); 31.001; 31.002(1), (1-a), and (4); 31.152 (a), (b), and (d); 31.153(a); and 39.303(b), Education Code. Repeals the following sections of the Education Code: 31.002(3) and 31.023(b), (e), and (f).

As amended by Senate committee substitute, this bill would alter wording in several sections of law so that "textbooks" are considered (for review, adoption, and purchasing purposes) under the term "instructional materials." The commissioner of education would perform duties relating the funding, adoption, and purchase of instructional materials (rather than just "textbooks"). Similarly, the current prohibitions on representation before the State Board of Education or contributions to campaigns by a person engaged in manufacturing, shipping, selling, or advertising textbooks would apply to a person engaged in any of those activities with regard to instructional materials.

The bill would prohibit the acceptance of gifts, favors, or services that might influence a person in the selection of instructional materials or technological equipment, though it would not consider ancillary materials, staff development, in-service, or teacher training in the definition of "gift, favor, or service."

A school board could not charge fees for instructional materials (other than overdue materials checked out from a library or to replace instructional materials that have not been returned by a student to whom they were issued). Parents would be entitled to review all teaching materials and instructional materials (rather than just textbooks), and a parent could request that a district allow a student to take home any instructional materials (rather than textbook) used by the student.

As defined in the bill, "instructional materials" would mean 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. The term would include a book, supplementary materials, a combination of a book, workbook, and supplementary materials, computer software, magnetic media, DVD, CD-ROM, computer courseware, online services, or an electronic medium or other means of conveying information (including open-source material). Any instructional materials (rather than just textbooks) selected for use in the public schools must be furnished without cost to the students attending those schools.

INSTRUCTIONAL MATERIALS, REVIEW AND ADOPTION PROCEDURES AND PRIORITIES Code Sections Impacted: Amends Subsections (a), (b), (c), (e), and (f) of Section 31.022, Education Code. Amends Sections 31.0221; 31.023; 31.0231; 31.024; 31.0241(b) and (c); 31.026; 31.0261; 31.027; 31.028; 31.029; 31.035(a), (b), (c), (d), and (f); 31.071; 31.072(a) and (b); 31.073(c) and (d); 31.074; 31.075; 31.076(b); and 31.077, Education Code. Repeals the following provisions of the Education Code: 31.022(d), 31.0222; and 31.025.

The bill would require the SBOE to adopt a review and adoption cycle for instructional materials, but it would not require the board to adopt materials for all grade levels in a single year. The bill would also require the SBOE to give priority to instructional materials for subjects first to foundation curriculum subjects for which the TEKS have been substantially revised and for which state assessment instruments are required (including career and technology courses that satisfy foundation curriculum requirements). The next priority would be foundation curriculum subjects for which the TEKS have been substantially revised (including career and tech courses), but for which there is not a required state assessment instrument. The third-tier priority would be given to any remaining foundation curriculum subjects, and the lowest priority would be for enrichment curriculum subjects. The SBOE could not review more than one-fourth of the subjects in the foundation curriculum per biennium, but must adopt a schedule so that there is a complete investigation of instructional materials for each subject in the foundation curriculum every eight years (rather than every six years).

On request of a school district, a publisher must provide a sample copy in digital formal of submitted instructional material, and a publisher of instructional materials must provide at least two sample copies in digital format of each submitted instructional material to be maintained at each regional education service center. These requirements would not apply to open-source instructional materials.

The commissioner would be charged with adopting a list of electronic instructional material and science material that includes tools, models, and investigative materials designed for use as part of the foundation curriculum for science in kindergarten through grade five.

The SBOE would also be tasked with the adoption of open-source instructional materials (rather than just open-source textbooks). The commissioner would be authorized to purchase special instructional materials for the education of blind and visually impaired students in public schools (including teachers' editions of instructional materials). The commissioner could enter into agreements providing for the acceptance, requisition, and distribution of these special instructional materials. Also, a school district (rather than the SBOE) would purchase (with the instructional materials allotment) or otherwise acquire instructional materials for use in bilingual education classes.

INSTRUCTIONAL MATERIALS FUNDING Code Sections Impacted: Amends Subsections (a) and (d) and adds Subsection (c) to Section 31.021, Education Code. Adds Sections 31.0211, 31.0212, 31.0213, and 31.0214 to Subchapter B, Chapter 31, Education Code. Amends Section 41.124(c), Education Code. Repeals Section 32.005, Education Code. Amends Sections 31.003 and 31.004 and adds Section 31.005 to Subchapter A, Chapter 31, Education Code. Reenacts Subsection (b), Section 43.001, Education Code, as amended by Chapters 201 (HB 3459) and 328 (SB 206), Acts of the 78th Legislature, Regular Session, 2003. Adds Subsections (d) through (g) to Section 43.001, Education Code.

The bill would provide that money in the state instructional materials fund must be used to fund the instructional materials allotment, purchase special instructional materials for the education of blind and visually impaired students in public schools, pay expenses associated with the instructional materials adoption and review process, pay expenses associated with the purchase or licensing of open-source instructional material, and pay expenses associated with the purchase of instructional material (including shipping and insurance on shipping).

Each school district would be entitled to an annual allotment from the instructional materials fund for each student enrolled in the district on a date during the preceding school year (the date would be specified by the commissioner). A school district could request for an adjustment in this number of students if the number of students expected to enroll in the district will increase or decrease during the following school year. The commissioner must also provide an adjustment each year for districts experiencing high enrollment growth. Because this allotment would be used for instructional materials (including technological purchases), the current technology allotment would be eliminated.

Funding amounts would be determined by the number of students eligible and the amount of the funding available in the instructional materials fund. Districts would use these funds to purchase materials on the adopted list, instructional materials (on the conforming or nonconforming lists), consumable instructional materials, materials for bilingual classes, supplemental instructional materials, state-developed open-source instructional materials, instructional materials and technological equipment under any continuing contracts of the district, technological equipment needed to support the use of instructional materials, or training of educational personnel directly involved in student learning in the appropriate use of the materials. For the state fiscal biennium beginning September 1, 2011, a school district must use the instructional materials allotment to purchase instructional materials that will assist the district in satisfying accountability performance standards on assessment instruments (e.g., STAAR, End-of-course exams).

Funding due to a district under this allotment would be deposited into an instructional materials account maintained by the commissioner, and the commissioner must pay the costs of instructional materials requisitioned by a school district from the district's instructional materials account. Unused funds would carry over from year to year in the district's account.

An open-enrollment charter school would be entitled to receive the instructional materials allotment as if the school were a school district.

The bill would provide that the available school fund consists of: (1) the distributions to the fund from the permanent school fund; (2) one-fourth of revenue derived from all state occupation taxes; (3) one-fourth of revenue derived from state gasoline and special fuels excise taxes; and (4) all other appropriations to the available school fund made by the legislature. The bill would require the State Board of Education to set aside 50 percent of the annual distribution for that year from the permanent school fund to the available school fund to be placed in the instructional materials fund. However, that would begin with the fiscal biennium beginning September 1, 2013. For the biennium beginning September 1, 2011, the SBOE would set aside 40 percent of the annual distribution for that year from the permanent school fund to the available school fund to be placed in the state instructional materials fund.

PURCHASE, SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS BY SCHOOL DISTRICT Code Sections Impacted: Amends Subsections (a), (d), and (e) and adds Subsection (f) to Section 31.101, Education Code. Amends Sections 31.102; 31.103(b), (c), and (d); 31.1031; 31.104; 31.105; 31.151(a) and (d), Education Code. Repeals the following provisions of the Education Code: 31.035(e) and (g); 31.072(c); 31.073(a) and (b); 31.101(b), (b-1), (c), and (c-1); 31.1011; 31.103(a) and (e); and Subchapter E of Chapter 31.

School districts would select and purchase instructional materials in the same manner that they currently select and purchase textbooks, and the same certification and notification requirements for materials on the conforming or nonconforming lists would apply. The commissioner would have to maintain an online requisition system for school district to requisition instructional materials to be purchased with the district's instructional materials allotment.

Printed instructional material purchased with a school district's instructional materials allotment would become district property on the date the material is discontinued for use by the SBOE or commissioner. Also, any electronic instructional material or technological equipment purchased with a school district's instructional materials allotment would be the property of the school district (upon purchase). Once printed instructional materials become the property of the school district, the board of trustees may sell the printed instructional material, and the board of trustees may also sell electronic instructional materials and technological equipment owned by the distric t. The board of trustees of a school district or the governing body of an open-enrollment charter school could determine how the district or school will dispose of discontinued printed instructional materials, electronic instructional materials, and technological equipment, but would be required to notify the commissioner of an intent to sell or otherwise dispose of instructional material.

Any funds received by a district or school from the sale of instructional materials must be used to purchase instructional materials and technological equipment. The current system of issuing textbook credits would be eliminated.

If a school district or open-enrollment charter school does not have a sufficient number of copies of printed instructional materials, and a sufficient number will not be available from the publisher, the district or school could return currently used materials to the commissioner for sufficient copies of other materials on the conforming or nonconforming list, but would not be entitled to reimbursement for the purchase of used copies of adopted textbooks. The bill would no longer require a publisher or manufacturer of instructional materials to maintain or arrange with a depository in this state to receive and fill orders.

A school board could not require an employee of the district who acts in good faith to pay for instruction materials or technological equipment that is damaged, stolen, misplaced, or not returned, and an employee could not waive this provision except by written agreement if the employee assumes responsibility for electronic instructional material or technological equipment used off school property or outside of a school-sponsored event.

CURRICULUM Code Sections Impacted: Amends Sections 28.002(a), (c), (h), and (n); 28.002(a) and (d); 28.003(b); and 28.011(c), Education Code.

This bill would move economics from the enrichment curriculum to the foundation curriculum. Annually, a school district or open-enrollment charter school would have to certify to the SBOE that the district provides each student with instructional materials for each subject in the foundation (rather than required) curriculum.

EDUCATION INTERNET PORTAL Code Sections Impacted: Repeals Sections 32.251 through 32.257, Education Code.

Effective Date: Effective immediately upon a two-thirds majority vote in both houses; otherwise, effective September 1, 2011

Code Sections Impacted: Amends TEC §61.059(a) and (c) and adds §61.0593

As finally passed, HB 9, known as the Higher Education Outcomes-Based Funding Act, requires THECB’s funding policies to emphasize alignment with educational goals. The committee created by THECB to review and revise funding formulas for appropriations requests will be composed of a cross-section of institutions represented in the accountability system, as recommended by chancellors and presidents of universities. Formulas for basic funding will incorporate goals identified in the board’s long-range plan. HB 9 is intended to ensure that institutions of higher education produce student outcomes that are aligned with the state’s education goals and economic development needs. THECB, in consultation with institutions of higher education, will consider undergraduate student success measures from the preceding biennium when devising base funding formulas and making recommendations to the legislature regarding institutional appropriations. The board will also make recommendations regarding incorporating success measures into incentive fund distributions, such as performance incentive funds. The recommendations will compare the effects of applying the measures within the base funding formula versus as a separate formula.

Effective Date: September 1, 2011; applies to grants awarded for the 2013 fall semester

Code Sections Affected: Adds TEC sec. 56.303(d-1),(e), and (f); 56.3041, and 56.3042; amends 56.303(d), 56.304(h), 56.304(h)

As amended by committee substitute, HB 10 would allocate TEXAS grant funds among general academic teaching institutions. In order to be initially eligible for a TEXAS grant, individuals graduating from high school on or after May 1, 2013 would have to enroll in a general academic teaching institution as opposed to an institution of higher education as is currently the law. Thus, the new law would no longer cover students in public junior colleges or technical institutes.

HB 10 would alter the way TEXAS grants are awarded by directing the THECB to allocate money appropriated by the legislature among eligible institutions. The THECB would ensure that each institution’s percentage share of the total amount of initial grant money allocated would not, as a result of student eligibility, change from the amount allocated for initial grants the preceding year.

Beginning in the 2013-2014 academic year, each institution determining who should receive an initial TEXAS grant would, in addition to giving priority to those exhibiting the greatest financial need, give priority to those applicants who completed the recommended high school program or its equivalent and either: 1) graduated under the advanced high school program, IB program, or with twelve or more college credits earned during high school, 2) satisfied the Texas Success Initiative readiness benchmarks, 3) graduated in the top one-third of their graduating class or with a GPA of 3.0 or higher, or 4) completed at least one advanced mathematics course or one advanced career and technical course for high school credit.

Effective Date: Immediately if approved by two-thirds of the members of both houses of the legislature; otherwise, September 1, 2011.

Code Section Impacted: Adds Section 370.0031 to Chapter 370, Local Government Code.

As passed by the full House, this bill would prohibit the governing body of a municipality, county, or special district or authority or an officer, employee, or other body that is part of any of those entities, from adopting a rule, order, ordinance, or policy under which the entity prohibits the enforcement of state or federal law relating to immigrants or immigration. With the exception of a commissioned peace officer employed or commissioned by a school district, open-enrollment charter school, or junior college, the provisions of this bill would not apply to a school district, open-enrollment charter school, junior college, or any of the employees or members of the governing boards of those entities.

Effective Date: September 1, 2011. Applies to a claim for unemployment benefits filed on or after September 1, 2011.

Code Section Impacted: Amends Section 207.049, Labor Code.

Effective Date: September 1, 2011

Code Sections Impacted: Amends heading to Chapter 370 and Section 370.003, Local Government

Effective Date: September 1, 2010

Code Sections Impacted: Ads Section 2052.004 to Subchapter A, Chapter 2052, Government Code

Effective Date: Immediately if it receives a vote of 2/3 all members in each chamber; otherwise, September 1, 2011

Code Sections Impacted: Adds section 7.011, Education Code; Amends Section 7.008, Education Code, by adding Subsection

Effective Date: January 1, 2012. Applies only if the constitutional amendment (HJR16) passes.

Effective Date: Applies beginning with the 2011-12 school year.

Code Sections Impacted: Adds TEC 37.006 (d-1).

Effective Date: January 1, 2012. Applies only if the related proposed constitutional amendment (HJR17) passes on November 8, 2011.

Code Sections Impacted: Adds Education Code, Section 44.004 (c-2). Amends Government Code, Section 403.302(d). Adds Tax Code Section 11.262; Amends Tax Code, Sections 23.19 (b) and (g), 26.012 (6), (13), and (14).

Effective Date: This Act would take effect immediately if it receives a 2/3 vote; otherwise it applies beginning with the 2011-12 school year.

Code Sections Impacted: Adds TEC 39.054 (d-2)

Effective Date: September 1, 2011.

Code Sections Impacted: Adds Sections TEC 28.021 (a), (b), and (c).