Current through Reg. 49, No. 38; September 20, 2024
(a) The commissioner of education shall
determine the amount of the instructional materials and technology allotment
for a school district or an open-enrollment charter school based on Texas
Student Data System Public Education Information Management System (TSDS PEIMS)
student enrollment data from the fall snapshot collection of the school year
preceding the first year of each biennium.
(b) The commissioner shall determine the
amount of the allotment for Texas Juvenile Justice Department
facilities.
(c) The commissioner
shall determine the amount of the allotment for bilingual education based on
TSDS PEIMS bilingual enrollment data from the fall collection of the school
year preceding the first year of each biennium.
(d) The amount of the allotment determined by
the commissioner is final and may not be appealed.
(e) Each school district's or open-enrollment
charter school's allotment funds must be expended according to the following
priorities established in Texas Education Code (TEC), §31.0211:
(1) first, instructional materials necessary
to permit the school district or open-enrollment charter school to certify that
the school district or open-enrollment charter school has instructional
materials that cover all elements of the essential knowledge and skills of the
required curriculum, other than physical education, for each grade level as
required by TEC, §
28.002;
and
(2) then, any other
instructional materials or allowed technological equipment.
(f) Maintaining the priorities
provided in subsection (e) of this section, the allotment funds may be used to
pay for:
(1) instructional materials on the
list adopted by the commissioner under TEC, §
31.0231;
(2) instructional materials on the list
adopted by the State Board of Education under TEC, §
31.024;
(3) non-adopted instructional
materials;
(4) consumable
instructional materials;
(5)
instructional materials for use in bilingual education classes, as provided by
TEC, §
31.029;
(6) versions of non-adopted instructional
materials that are fully accessible to students with disabilities;
(7) instructional materials for use in
college preparatory courses under TEC, §
28.014,
as provided by TEC, §
31.031;
(8) supplemental instructional materials, as
provided by TEC, §
31.035;
(9) state-developed open-source instructional
materials, as provided by TEC, Chapter 31, Subchapter B-1;
(10) instructional materials and
technological equipment under any continuing contracts of the school district
or open-enrollment charter school in effect on September 1, 2011;
(11) activities related to the local review
and adoption of instructional materials;
(12) technological equipment that contributes
to student learning, including equipment that supports the use of instructional
materials;
(13) training
educational personnel directly involved in student learning in the appropriate
use of instructional materials;
(14) providing access to technological
equipment for instructional use;
(15) the salary and other expenses of an
employee who provides technical support for the use of technological equipment
directly involved in student learning;
(16) inventory software or systems for
storing, managing, and accessing instructional materials;
(17) software for analyzing the use and
effectiveness of instructional materials;
(18) services, equipment, and technology
infrastructure necessary to ensure internet connectivity and adequate
bandwidth;
(19) costs associated
with distance learning, including services, equipment, and technology such as
Wi-Fi, internet access hotspots, wireless network service, broadband service,
and other services and technological equipment to ensure internet access;
and
(20) training for personnel in
the electronic administration of assessment instruments.
(g) The allotment funds may not be used to
pay for:
(1) services for
installation;
(2) the physical
conduit that transmits data such as cabling and wiring or electricity, except
to the extent allotment funds are necessary to pay for allowable expenses under
subsection (f)(18) and (19) of this section;
(3) office and school supplies;
(4) items that are not directly related to
student instruction such as furniture, athletic equipment, extension cords,
temporary contractors, or video surveillance equipment;
(5) travel expenses; or
(6) equipment used for moving or storing
instructional materials.
(h) The allotments for each biennium will be
made available for school district and open-enrollment charter school use
through the state's online instructional materials ordering system as early as
possible in the fiscal year preceding the beginning of the biennium for which
the funds have been appropriated.
(i) A school district or an open-enrollment
charter school may access its allotment funds for any upcoming school year upon
completion of all of the following:
(1)
submission to the commissioner certification that:
(A) the school district or open-enrollment
charter school has instructional materials that cover all the required Texas
Essential Knowledge and Skills (TEKS), except those for physical education, as
required by TEC, §
31.004;
and
(B) the school district or
open-enrollment charter school has used its allotment for only the allowable
expenditures provided in subsection (f) of this section; and
(2) preparation by Texas Education
Agency of the state ordering system for the new school year with the new
allotment amounts.
(j)
Upon completion of the requirements listed in subsection (i) of this section,
school districts and open-enrollment charter schools may access their allotment
funds by correctly providing all the information required in the state ordering
system .
(k) Information required
in the state ordering system may include verification of TEKS coverage for
certain disbursement requests.
(l)
In purchasing technological equipment under this section, school districts and
open-enrollment charter schools shall:
(1)
secure technological solutions that meet the varying and unique needs of
students and teachers in their respective districts and charter schools;
and
(2) consider both the long-term
cost of ownership of the technological equipment and flexibility for
innovation.
