Tex. Educ. Code Section 31.071
Availability of Open Education Resource Instructional Material


(a)

The commissioner shall ensure that 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 commissioner may:

(1)

purchase a license authorizing the use of open education resource instructional materials in a manner that complies with all applicable state laws and rules relating to procurement by a state agency;

(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 may make available more than one 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 (Accelerated Instruction; Modified Teacher Assignment); 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 (Content Not Owned by State), an 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 (Free Use, Reuse, Modification, or Sharing License).

(d)

The costs of administering this subchapter and ensuring the availability of 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.B. 2488), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 41, eff. July 19, 2011.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 24, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 16, eff. June 12, 2017.
Acts 2017, 85th Leg., R.S., Ch. 942 (S.B. 1784), Sec. 2, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.017, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 28, eff. June 13, 2023.

Source: Section 31.071 — Availability of Open Education Resource Instructional Material, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­31.­htm#31.­071 (accessed Apr. 13, 2024).

31.001
Free Instructional Materials
31.002
Definitions
31.003
Rules
31.006
Advisory Committee
31.021
State Instructional Materials and Technology Fund
31.022
State Board of Education Instructional Materials Review and Approval
31.023
Instructional Material Review
31.025
Instructional Material Internet Website
31.026
Contract
31.027
Information to School Districts
31.028
Special Instructional Materials
31.029
Bilingual Instructional Materials
31.030
Used Instructional Materials
31.031
College Preparatory Instructional Materials
31.071
Availability of Open Education Resource Instructional Material
31.072
Content Requirements
31.073
Selection by School District
31.074
Distribution
31.075
State Ownership
31.076
Rules
31.102
Title and Custody
31.103
Instructional Material Requisitions
31.104
Distribution and Handling
31.105
Sale or Disposal of Instructional Materials and Technological Equipment
31.106
Use of Local Funds
31.151
Duties of Publishers and Manufacturers
31.152
Accepting Rebate on Instructional Materials or Technological Equipment
31.153
Violation of Free Instructional Materials Law
31.154
Instructional Materials Parent Portal
31.0205
Funding for Open-enrollment Charter Schools
31.0211
Instructional Materials and Technology Allotment
31.0212
Instructional Materials and Technology Account
31.0214
Adjustment for High Enrollment Growth Districts
31.0215
Instructional Materials and Technology Allotment Purchases
31.0216
Agency Purchase of Instructional Materials and Technology
31.0251
Instructional Material Support
31.0252
Local Review of Classroom Instructional Material
31.0701
References to State-developed Open Education Resource Instructional Material
31.0711
Content Not Owned by State
31.0712
Open Education Resource Advisory Board
31.0721
Review and Release of Open Education Resource Instructional Material
31.0722
Open Education Resource Instructional Materials Repository
31.0751
Open Education Resource Instructional Material Transition Plan
31.0752
Open Education Resource Instructional Material Support Program
31.0753
Teacher Candidate Access and Support Program
31.1011
Certification of Provision of Instructional Materials
31.1012
Report to Agency
31.07101
Free Use, Reuse, Modification, or Sharing License

Accessed:
Apr. 13, 2024

§ 31.071’s source at texas​.gov