2009S0646-1 03/10/09
 
  By: Seliger, et al. S.B. No. 2275
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of the public school curriculum and
  textbooks; transferring authority from the State Board of Education
  to the commissioner of education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.001, Education Code, is amended to
  read as follows:
         Sec. 28.001.  PURPOSE. It is the intent of the legislature
  that the essential knowledge and skills developed by the
  commissioner [State Board of Education] under this subchapter shall
  require all students to demonstrate the knowledge and skills
  necessary to read, write, compute, problem solve, think critically,
  apply technology, and communicate across all subject areas. The
  essential knowledge and skills shall also prepare and enable all
  students to continue to learn in postsecondary educational,
  training, or employment settings.
         SECTION 2.  Subsections (b), (c), (f), (g), (h), (i), (j),
  (k), (l-3), (n), and (p), Section 28.002, Education Code, are
  amended to read as follows:
         (b)  The commissioner [State Board of Education] by rule
  shall designate subjects constituting a well-balanced curriculum
  to be offered by a school district that does not offer kindergarten
  through grade 12.
         (c)  The commissioner [State Board of Education], with the
  direct participation of educators, parents, business and industry
  representatives, and employers shall by rule identify the essential
  knowledge and skills of each subject of the required curriculum
  that all students should be able to demonstrate and that will be
  used in evaluating textbooks under Chapter 31 and addressed on the
  assessment instruments required under Subchapter B, Chapter 39. As
  a condition of accreditation, the commissioner [board] shall
  require each district to provide instruction in the essential
  knowledge and skills at appropriate grade levels.
         (f)  A school district may offer courses for local credit in
  addition to those in the required curriculum. The commissioner
  [State Board of Education] shall be flexible in approving a course
  for credit for high school graduation under this subsection.
         (g)  A local instructional plan may draw on state curriculum
  frameworks and program standards as appropriate. Each district is
  encouraged to exceed minimum requirements of law and commissioner
  [State Board of Education] rule. Each district shall ensure that
  all children in the district participate actively in a balanced
  curriculum designed to meet individual needs.
         (h)  The commissioner [State Board of Education] and each
  school district shall foster the continuation of the tradition of
  teaching United States and Texas history and the free enterprise
  system in regular subject matter and in reading courses and in the
  adoption of textbooks. A primary purpose of the public school
  curriculum is to prepare thoughtful, active citizens who understand
  the importance of patriotism and can function productively in a
  free enterprise society with appreciation for the basic democratic
  values of our state and national heritage.
         (i)  The commissioner [State Board of Education] shall adopt
  rules for the implementation of this subchapter. Except as
  provided by Subsection (j), the commissioner [board] may not adopt
  rules that designate the methodology used by a teacher or the time
  spent by a teacher or a student on a particular task or subject.
         (j)  The commissioner [State Board of Education] by rule may
  require laboratory instruction in secondary science courses and may
  require a specific amount or percentage of time in a secondary
  science course that must be laboratory instruction.
         (k)  The commissioner [State Board of Education], in
  consultation with the Department of State Health Services and the
  Texas Diabetes Council, shall develop a diabetes education program
  that a school district may use in the health curriculum under
  Subsection (a)(2)(B).
         (l-3)(1)  This subsection may be cited as "Lauren's Law."
               (2)  The commissioner [State Board of Education], the
  Department of State Health Services, or a school district may not
  adopt any rule, policy, or program under Subsections (a), (k), (l),
  (l-1), or (l-2) that would prohibit a parent or grandparent of a
  student from providing any food product of the parent's or
  grandparent's choice to:
                     (A)  children in the classroom of the child of the
  parent or grandparent on the occasion of the child's birthday; or
                     (B)  children at a school-designated function.
         (n)  The commissioner [State Board of Education] may by rule
  develop and implement a plan designed to incorporate foundation
  curriculum requirements into the career and technology education
  curriculum under Subsection (a)(2)(F).
         (p)  The commissioner [State Board of Education], in
  conjunction with the office of the attorney general, shall develop
  a parenting and paternity awareness program that a school district
  shall use in the district's high school health curriculum. The
  program must:
               (1)  address parenting skills and responsibilities,
  including child support and other legal rights and responsibilities
  that come with parenthood;
               (2)  address relationship skills, including money
  management, communication skills, and marriage preparation; and
               (3)  in district high schools that do not have a family
  violence prevention program, address skills relating to the
  prevention of family violence.
         SECTION 3.  Subsection (e), Section 28.0022, Education Code,
  is amended to read as follows:
         (e)  Not later than September 1, 2009, the commissioner
  [State Board of Education] by rule shall revise the essential
  knowledge and skills of the career and technical education
  curriculum as provided by Section 28.002(c) based on the
  recommendations of the panel under Subsection (d). The
  commissioner [State Board of Education] shall require school
  districts to provide instruction in the career and technical
  education curriculum, as revised under this subsection, beginning
  with the 2010-2011 school year.
         SECTION 4.  Subsections (b) and (c), Section 28.0023,
  Education Code, are amended to read as follows:
         (b)  The commissioner [State Board of Education] by rule
  shall include elements relating to instruction in cardiopulmonary
  resuscitation and the use of an automated external defibrillator as
  part of the essential knowledge and skills of the health curriculum
  under Section 28.002(a)(2)(B).
         (c)  This subsection applies only to a private school that
  receives an automated external defibrillator from the agency or
  receives funding from the agency to purchase or lease an automated
  external defibrillator. A private school shall provide instruction
  to students in cardiopulmonary resuscitation and the use of an
  automated external defibrillator in a manner consistent with the
  requirements of this section and commissioner [State Board of
  Education] rules adopted under this section.
         SECTION 5.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0024 to read as follows:
         Sec. 28.0024.  EDUCATOR TEAMS ON CURRICULUM AND TEXTBOOKS.
  (a)  For each subject area undergoing a Texas essential knowledge
  and skills review for the adoption of a curriculum and textbooks,
  the commissioner shall appoint a team of educators, with each
  education region of the state represented by one member on the team.
  The commissioner shall make the appointments from among persons
  nominated by each regional education service center.
         (b)  Each member appointed to a team must have experience in
  the subject area under review and have at least a bachelor's degree
  in that subject area, so that the teams are always composed of
  educators who are experts in that subject.
         (c)  A team shall conduct reviews as prescribed by Subsection
  (e) and make recommendations to the commissioner on the curriculum
  and textbooks to be adopted for the subject area under review.
         (d)  The commissioner shall make decisions on the adoption of
  curriculum and textbooks based on recommendations from the team
  appointed for the subject area under review.
         (e)  The schedule of reviews under this section shall follow
  the same review cycle as that provided for the Texas essential
  knowledge and skills.
         SECTION 6.  Subsections (d), (d-1), (e), and (f), Section
  28.008, Education Code, are amended to read as follows:
         (d)  The commissioner [State Board of Education] shall
  incorporate college readiness standards and expectations approved
  by the commissioner of education and the Texas Higher Education
  Coordinating Board under Subsection (b) into the essential
  knowledge and skills identified by the commissioner [board] under
  Section 28.002(c).
         (d-1)  Beginning with the 2008-2009 school year, the
  commissioner [State Board of Education] shall incorporate college
  readiness standards and expectations into the essential knowledge
  and skills of the foundation curriculum under Section 28.002(a)(1)
  for courses in which students in grades nine through 12 generally
  enroll, as determined by commissioner [board] rule. This
  subsection expires December 1, 2012.
         (e)  Notwithstanding any other provision of this section,
  the commissioner [State Board of Education] retains its authority
  under Section 28.002 concerning the required curriculum.
         (f)  Not later than September 1, 2011, the vertical teams
  shall complete the development of or establish minimum standards
  for the curricula and related materials under Subsection (b)(5).
  The vertical teams shall develop or establish minimum standards for
  the English language arts curricula and materials first, followed
  by mathematics, science, and social studies, respectively. The
  vertical teams shall complete the development of or establish
  minimum standards for the English language arts curricula and
  materials for approval by the commissioner [State Board of
  Education] not later than June 1, 2009. The English language arts
  curricula and online materials must be made available to high
  school students beginning with the 2009 fall semester, with the
  mathematics, science, and social studies curricula and online
  materials respectively becoming available each subsequent fall
  semester. This subsection expires December 1, 2012.
         SECTION 7.  Subdivision (2), Subsection (d), Section 28.009,
  Education Code, is amended to read as follows:
               (2)  "Sequence of courses" means career and technical
  education courses approved by the commissioner [State Board of
  Education], innovative courses approved by the commissioner [State
  Board of Education] that are provided for local credit, or a
  tech-prep program of study under Section 61.852.
         SECTION 8.  Subsection (e), Section 28.011, Education Code,
  is amended to read as follows:
         (e)  Before adopting rules identifying the essential
  knowledge and skills of a course offered under this section, the
  commissioner [State Board of Education] shall submit the proposed
  essential knowledge and skills to the attorney general. The
  attorney general shall review the proposed essential knowledge and
  skills to ensure that the course complies with the First Amendment
  to the United States Constitution, and the commissioner [board] may
  not adopt rules identifying the essential knowledge and skills of a
  course offered under this section without the attorney general's
  approval under this subsection.
         SECTION 9.  Subsections (a) and (b), Section 28.013,
  Education Code, are amended to read as follows:
         (a)  The commissioner [State Board of Education] shall
  assist in developing a nature science curriculum, in accordance
  with this section, the following entities, acting jointly:
               (1)  the Outdoor School at Texas Tech University Center
  at Junction;
               (2)  the Texas Science, Technology, Engineering, and
  Math (T-STEM) Center of Texas Tech University; and
               (3)  South Llano River State Park.
         (b)  The nature science curriculum must:
               (1)  be designed for instruction of students in grades
  six through 12;
               (2)  provide for grade-level appropriate instruction
  in essential knowledge and skills identified by the commissioner
  [State Board of Education] under Section 28.002 for:
                     (A)  science; and
                     (B)  mathematics, social studies, and language
  arts, to the extent practicable and relevant to nature science
  studies;
               (3)  through participation in outdoor experiential
  learning projects in state parks, provide for the scientific study
  by students of:
                     (A)  conservation, wildlife or aquatic biology,
  range ecology, or other areas of nature science; and
                     (B)  problems affecting nature, such as threats to
  the watershed, and possible solutions to those problems; and
               (4)  be designed to:
                     (A)  be capable of implementation in any state
  park;
                     (B)  use state park resources in providing
  instruction; and
                     (C)  be presented by classroom teachers and state
  park employees.
         SECTION 10.  Subsections (a), (c), (e), and (f), Section
  28.014, Education Code, are amended to read as follows:
         (a)  The commissioner of education and the commissioner of
  higher education shall develop and recommend to the commissioner
  [State Board of Education] for adoption under Section 28.002 the
  essential knowledge and skills of courses in college preparatory
  mathematics, science, social studies, and English language arts.
  The courses must be designed:
               (1)  for students at the 12th grade level who do not
  meet college readiness standards on an end-of-course assessment
  instrument required under Section 39.023(c); and
               (2)  to prepare students for success in entry-level
  college courses.
         (c)  The agency, in consultation with the Texas Higher
  Education Coordinating Board, shall adopt an end-of-course
  assessment instrument for each course developed under this section
  to ensure the rigor of the course. A school district shall, in
  accordance with commissioner [State Board of Education] rules,
  administer the end-of-course assessment instrument to a student
  enrolled in a course developed under this section. Each school
  district shall adopt a policy that requires a student's performance
  on the end-of-course assessment instrument to account for 15
  percent of the student's final grade for the course. A student's
  performance on an end-of-course assessment instrument administered
  under this subsection may be used, on a scale of 0-40, in
  calculating whether the student satisfies the graduation
  requirements established under Section 39.025.
         (e)  The commissioner [State Board of Education] shall adopt
  instructional materials for a course developed under this section
  in accordance with Chapter 31. The instructional materials must
  include technology resources that enhance the effectiveness of the
  course and draw on established best practices.
         (f)  To the extent applicable, the commissioner shall draw
  from curricula and instructional materials developed under
  Sections 28.008 and 61.0763 in developing a course and related
  instructional materials under this section. Not later than
  September 1, 2010, the commissioner [State Board of Education]
  shall adopt essential knowledge and skills for each course
  developed under this section. The commissioner [State Board of
  Education] shall make each course developed under this section and
  the related instructional materials available to school districts
  not later than the 2014-2015 school year. As required by Subsection
  (c), a school district shall adopt a policy requiring a student's
  performance on an end-of-course assessment instrument administered
  under that subsection to account for 15 percent of the student's
  grade for a course developed under this section not later than the
  2014-2015 school year. This subsection expires September 1, 2015.
         SECTION 11.  Section 28.023, Education Code, is amended to
  read as follows:
         Sec. 28.023.  CREDIT BY EXAMINATION. (a)  Using guidelines
  established by the commissioner [State Board of Education], a
  school district shall develop or select for commissioner [board]
  review examinations for acceleration for each primary school grade
  level and for credit for secondary school academic subjects. The
  guidelines must provide for the examinations to thoroughly test
  comprehension of the information presented in the applicable grade
  level or subject. The commissioner [board] shall approve
  examinations that satisfy commissioner [board] guidelines.
         (b)  A school district shall give a student in a primary
  grade level credit for a grade level and advance the student one
  grade level on the basis of a commissioner-approved
  [board-approved] examination for acceleration if:
               (1)  the student scores in the 90th percentile or above
  on each section of the examination;
               (2)  a district representative recommends that the
  student be advanced; and
               (3)  the student's parent or guardian gives written
  approval of the advancement.
         (c)  A school district shall give a student in grade level
  six or above credit for a subject on the basis of a
  commissioner-approved [board-approved] examination for credit in
  the subject if the student scores in the 90th percentile or above on
  the examination. If a student is given credit in a subject on the
  basis of an examination, the district shall enter the examination
  score on the student's transcript.
         (d)  Each district shall administer each examination not
  less than once a year, at times to be determined by the commissioner
  [State Board of Education].
         SECTION 12.  Subsections (a), (b), (b-1), (b-2), (c), (d),
  and (e), Section 28.025, Education Code, are amended to read as
  follows:
         (a)  The commissioner [State Board of Education] by rule
  shall determine curriculum requirements for the minimum,
  recommended, and advanced high school programs that are consistent
  with the required curriculum under Section 28.002.
         (b)  A school district shall ensure that each student enrolls
  in the courses necessary to complete the curriculum requirements
  identified by the commissioner [State Board of Education] under
  Subsection (a) for the recommended or advanced high school program
  unless the student, the student's parent or other person standing
  in parental relation to the student, and a school counselor or
  school administrator agree that the student should be permitted to
  take courses under the minimum high school program.
         (b-1)  The commissioner [State Board of Education] by rule
  shall require that:
               (1)  except as provided by Subsection (b-2), the
  curriculum requirements for the recommended and advanced high
  school programs under Subsection (a) include a requirement that
  students successfully complete four courses in each subject of the
  foundation curriculum under Section 28.002(a)(1); and
               (2)  one or more courses offered in the required
  curriculum for the recommended and advanced high school programs
  include a research writing component.
         (b-2)  In adopting rules under Subsection (b-1), the
  commissioner [State Board of Education] shall allow a student to
  comply with the curriculum requirements for a mathematics course
  under Subsection (b-1)(1) taken after the successful completion of
  an Algebra II course or science course under Subsection (b-1)(1)
  taken after the successful completion of a physics course by
  successfully completing an advanced career and technical course
  designated by the commissioner [State Board of Education] as
  containing substantively similar and rigorous academic content. A
  student may use the option provided by this subsection for not more
  than two courses.
         (c)  A person may receive a diploma if the person is eligible
  for a diploma under Section 28.0251. In other cases, a student may
  graduate and receive a diploma only if:
               (1)  the student successfully completes the curriculum
  requirements identified by the commissioner [State Board of
  Education] under Subsection (a) and complies with Section 39.025;
  or
               (2)  the student successfully completes an
  individualized education program developed under Section 29.005.
         (d)  A school district may issue a certificate of coursework
  completion to a student who successfully completes the curriculum
  requirements identified by the commissioner [State Board of
  Education] under Subsection (a) but who fails to comply with
  Section 39.025. A school district may allow a student who receives
  a certificate to participate in a graduation ceremony with students
  receiving high school diplomas.
         (e)  Each school district shall report the academic
  achievement record of students who have completed a minimum,
  recommended, or advanced high school program on transcript forms
  adopted by the commissioner [State Board of Education]. The
  transcript forms adopted by the commissioner [board] must be
  designed to clearly differentiate between each of the high school
  programs and identify whether a student received a diploma or a
  certificate of coursework completion.
         SECTION 13.  Subdivision (2), Section 28.051, Education
  Code, is amended to read as follows:
               (2)  "College advanced placement course" means a
  commissioner-approved [board-approved] high-school-level
  preparatory course for a college advanced placement test that
  incorporates all topics specified by the college board on its
  standard syllabus for a given subject area.
         SECTION 14.  Section 28.054, Education Code, is amended to
  read as follows:
         Sec. 28.054.  SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST
  OR INTERNATIONAL BACCALAUREATE EXAMINATION. (a)  A student is
  entitled to a subsidy for a fee paid by the student to take a college
  advanced placement test or an international baccalaureate
  examination if the student demonstrates financial need. The
  commissioner [board] shall adopt guidelines for determining
  financial need consistent with the definition of financial need
  adopted by the college board or the International Baccalaureate
  Organization.
         (b)  To obtain a subsidy under this section, a student must:
               (1)  pay the fee for each test or examination for which
  the student seeks a subsidy; and
               (2)  submit to the commissioner [board] through the
  student's guidance counselor a written application on a form
  prescribed by the commissioner demonstrating financial need and the
  amount of the fee paid by the student for each test or examination.
         (c)  On approval by the commissioner [board], the agency may
  pay each eligible applicant an equal amount, not to exceed $25 for
  each applicant.
         SECTION 15.  Subsection (b), Section 28.055, Education Code,
  is amended to read as follows:
         (b)  To obtain an award under the program, a school must
  submit to the commissioner [board] a written application in a form,
  manner, and time prescribed by the commissioner.
         SECTION 16.  Section 28.056, Education Code, is amended to
  read as follows:
         Sec. 28.056.  APPLICATION FOR TEACHER AWARDS AND
  REIMBURSEMENTS. To obtain an award or reimbursement for training
  expenses under the program, a teacher must submit to the
  commissioner [board] a written application in a form, manner, and
  time prescribed by the commissioner.
         SECTION 17.  Section 31.003, Education Code, is amended to
  read as follows:
         Sec. 31.003.  RULES. The commissioner [State Board of
  Education] may adopt rules, consistent with this chapter, for the
  adoption, requisition, distribution, care, use, and disposal of
  textbooks.
         SECTION 18.  Section 31.022, Education Code, is amended to
  read as follows:
         Sec. 31.022.  TEXTBOOK REVIEW AND ADOPTION. (a)  The
  commissioner [State Board of Education] shall adopt a review and
  adoption cycle for textbooks for elementary grade levels, including
  prekindergarten, and secondary grade levels, for each subject in
  the required curriculum under Section 28.002.
         (b)  The commissioner [board] shall organize the cycle for
  subjects in the foundation curriculum so that not more than
  one-sixth of the textbooks for subjects in the foundation
  curriculum are reviewed each year. The commissioner [board] shall
  adopt rules to provide for a full and complete investigation of
  textbooks for each subject in the foundation curriculum at least
  every six years. The adoption of textbooks for a subject in the
  foundation curriculum may be extended beyond the six-year period
  only if the content of textbooks for a subject is sufficiently
  current.
         (c)  The commissioner [board] shall adopt rules to provide
  for a full and complete investigation of textbooks for each subject
  in the enrichment curriculum on a cycle the commissioner [board]
  considers appropriate.
         (d)  At least 24 months before the beginning of the school
  year for which textbooks for a particular subject and grade level
  will be purchased under the review and adoption cycle adopted by the
  commissioner [board], the commissioner [board] shall publish
  notice of the review and adoption cycle for those textbooks.
         (e)  The commissioner [board] shall designate a request for
  production of textbooks in a subject area and grade level by the
  school year in which the textbooks are intended to be made available
  in classrooms and not by the school year in which the commissioner
  [board] makes the request for production.
         SECTION 19.  Subsection (a), Section 31.0221, Education
  Code, is amended to read as follows:
         (a)  The commissioner [State Board of Education] shall adopt
  rules for the midcycle review and adoption of a textbook for a
  subject for which textbooks are not currently under review by the
  commissioner [board] under Section 31.022. The rules must require:
               (1)  the publisher of the textbook to pay a fee to the
  commissioner [board] to cover the cost of the midcycle review and
  adoption of the textbook;
               (2)  the publisher of the textbook to enter into a
  contract with the commissioner [board] concerning the textbook for
  a term that ends at the same time as any contract entered into by the
  commissioner [board] for another textbook for the same subject and
  grade level; and
               (3)  a commitment from the publisher to provide the
  textbook to school districts in the manner specified by the
  publisher, which may include:
                     (A)  providing the textbook to any district in a
  regional education service center area identified by the publisher;
  or
                     (B)  providing a certain maximum number of
  textbooks specified by the publisher.
         SECTION 20.  Section 31.0222, Education Code, is amended to
  read as follows:
         Sec. 31.0222.  BUDGET-BALANCED CYCLE. In determining the
  review and adoption cycle of textbooks under Section 31.022, the
  commissioner [State Board of Education] shall:
               (1)  consult with the Legislative Budget Board and the
  governor's office of budget, planning, and policy before approving
  and publishing any notice or amendment of a cycle;
               (2)  review and consider:
                     (A)  historic average funding levels for
  textbooks purchased in previous bienniums;
                     (B)  expected average costs of future textbook
  purchases;
                     (C)  anticipated student enrollment in future
  years;
                     (D)  scheduled revisions to curriculum; and
                     (E)  the impact on the state budget of the
  adoption of textbooks in all or some grade levels in a subject area;
  and
               (3)  limit the cycle to subject areas for which
  textbooks can be purchased with the funding anticipated to be
  available in the state textbook fund for the school year in which
  the textbooks are to be adopted.
         SECTION 21.  Subsection (a), Section 31.023, Education Code,
  is amended to read as follows:
         (a)  For each subject and grade level, the commissioner
  [State Board of Education] shall adopt two lists of textbooks. The
  conforming list includes each textbook submitted for the subject
  and grade level that meets applicable physical specifications
  adopted by the commissioner [State Board of Education] and contains
  material covering each element of the essential knowledge and
  skills of the subject and grade level in the student version of the
  textbook, as well as in the teacher version of the textbook, as
  determined by the commissioner [State Board of Education] under
  Section 28.002 and adopted under Section 31.024. The nonconforming
  list includes each textbook submitted for the subject and grade
  level that:
               (1)  meets applicable physical specifications adopted
  by the commissioner [State Board of Education];
               (2)  contains material covering at least half, but not
  all, of the elements of the essential knowledge and skills of the
  subject and grade level in the student version of the textbook, as
  well as in the teacher version of the textbook; and
               (3)  is adopted under Section 31.024.
         SECTION 22.  Section 31.024, Education Code, is amended to
  read as follows:
         Sec. 31.024.  ADOPTION BY COMMISSIONER [STATE BOARD OF
  EDUCATION].  (a)  By majority vote, the commissioner [State Board
  of Education] shall:
               (1)  place each submitted textbook on a conforming or
  nonconforming list; or
               (2)  reject a textbook submitted for placement on a
  conforming or nonconforming list.
         (b)  Not later than December 1 of the year preceding the
  school year for which the textbooks for a particular subject and
  grade level will be purchased under the cycle adopted by the board
  under Section 31.022, the commissioner [board] shall provide the
  lists of adopted textbooks to each school district. Each
  nonconforming list must include the reasons an adopted textbook is
  not eligible for the conforming list.
         SECTION 23.  Subsection (a), Section 31.025, Education Code,
  is amended to read as follows:
         (a)  The commissioner [State Board of Education] shall set a
  limit on the cost that may be paid from the state textbook fund for a
  textbook placed on the conforming or nonconforming list for a
  particular subject and grade level. The commissioner [board] may
  not reject a textbook for placement on the conforming or
  nonconforming list because the textbook's price exceeds the limit
  established under this subsection.
         SECTION 24.  Subsections (a) and (b), Section 31.026,
  Education Code, are amended to read as follows:
         (a)  The commissioner [State Board of Education] shall
  execute a contract:
               (1)  for the purchase of each adopted textbook other
  than an electronic textbook; and
               (2)  for the purchase or licensing of each adopted
  electronic textbook.
         (b)  A contract must require the publisher to provide the
  number of textbooks required by school districts in this state for
  the term of the contract, which must coincide with the
  commissioner's [board's] adoption cycle.
         SECTION 25.  Subsections (a), (b), and (c), Section 31.028,
  Education Code, are amended to read as follows:
         (a)  The commissioner [State Board of Education] may
  purchase special textbooks for the education of blind and visually
  impaired students in public schools. In addition, for a teacher who
  is blind or visually impaired, the commissioner [board] shall
  provide a teacher's edition in Braille or large type, as requested
  by the teacher, for each textbook the teacher uses in the
  instruction of students. The teacher edition must be available at
  the same time the student textbooks become available.
         (b)  The publisher of an adopted textbook shall provide the
  agency with computerized textbook files for the production of
  Braille textbooks or other versions of textbooks to be used by
  students with disabilities, on request of the commissioner [State
  Board of Education]. A publisher shall arrange computerized
  textbook files in one of several optional formats specified by the
  commissioner [State Board of Education].
         (c)  The commissioner [board] may also enter into agreements
  providing for the acceptance, requisition, and distribution of
  special textbooks and instructional aids pursuant to 20 U.S.C.
  Section 101 et seq. for use by students enrolled in:
               (1)  public schools; or
               (2)  private nonprofit schools, if state funds, other
  than for administrative costs, are not involved.
         SECTION 26.  Section 31.029, Education Code, is amended to
  read as follows:
         Sec. 31.029.  BILINGUAL TEXTBOOKS. The commissioner [board]
  shall purchase or otherwise acquire textbooks for use in bilingual
  education classes.
         SECTION 27.  Section 31.030, Education Code, is amended to
  read as follows:
         Sec. 31.030.  USED TEXTBOOKS. The commissioner [State Board
  of Education] shall adopt rules to ensure that used textbooks sold
  to school districts and open-enrollment charter schools are not
  sample copies that contain factual errors. The rules may provide
  for the imposition of an administrative penalty in accordance with
  Section 31.151 against a seller of used textbooks who knowingly
  violates this section.
         SECTION 28.  Subsections (a), (b), and (f), Section 31.035,
  Education Code, are amended to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  the commissioner [State Board of Education] may adopt supplemental
  textbooks that are not on the conforming or nonconforming list
  under Section 31.023. The commissioner [State Board of Education]
  may adopt a supplemental textbook under this section only if the
  textbook:
               (1)  contains material covering one or more primary
  focal points or primary topics of a subject in the required
  curriculum under Section 28.002, as determined by the commissioner
  [State Board of Education];
               (2)  is not designed to serve as the sole textbook for a
  full course;
               (3)  meets applicable physical specifications adopted
  by the commissioner [State Board of Education]; and
               (4)  is free from factual errors.
         (b)  The commissioner [State Board of Education] shall
  identify the essential knowledge and skills identified under
  Section 28.002 that are covered by a supplemental textbook adopted
  by the commissioner [board] under this section.
         (f)  A school district or open-enrollment charter school
  that requisitions supplemental textbooks under Subsection (d)(2)
  shall certify to the agency that the supplemental textbooks, in
  combination with any other textbooks or supplemental textbooks used
  by the district or school, cover the essential knowledge and skills
  identified under Section 28.002 by the commissioner [State Board of
  Education] for the subject and grade level for which the district or
  school is requisitioning the supplemental textbooks.
         SECTION 29.  Subdivision (1), Section 28.051, Education
  Code, is repealed.
         SECTION 30.  A rule adopted by the State Board of Education
  that relates to the adoption of a curriculum under Chapter 28,
  Education Code, as amended by this Act, or the adoption of a
  textbook under Subchapter B, Chapter 31, Education Code, as amended
  by this Act, is a rule of the commissioner of education and remains
  in effect until the rule is changed by the commissioner of
  education.
         SECTION 31.  The changes in law made by this Act apply
  beginning with the 2009-2010 school year.
         SECTION 32.  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, 2009.