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Note:    For provisions regarding selection and adoption of instructional materials, see EFA.

Technology and Instructional Materials

Instructional materials selected for use in the public schools shall be furnished without cost to the students attending TSBVI.  Except as provided by Education Code 31.104(d), the school may not charge a student for instructional material or technological equipment purchased with the School’s technology and instructional materials allotment.  Education Code 31.001

Each instructional material, including electronic instructional material with applicable licensing agreement, purchased as provided by Education Code Chapter 31 for TSBVI is the property of the School.  Education Code 31.102(a)–(b)

Allotment

TSBVI is entitled to an allotment each biennium from the state technology and instructional materials fund for each student enrolled at TSBVI on a date during the last year of the preceding biennium specified by the commissioner of education.  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 technology and instructional materials fund to fund the allotment.  The allotment shall be transferred from the state technology and instructional materials fund to the credit of the School’s technology and instructional materials account as provided by Education Code 31.0212.  Money deposited in the School’s technology and instructional materials account during each state fiscal biennium remains in the account and available for use by TSBVI for the entire biennium.  At the end of each biennium, unused money in the school’s account may carry forward any remaining balance to the next biennium.  Education Code 31.0211(a), .0212

The commissioner shall, as early as practicable during each biennium, notify TSBVI of the estimated amount to which the School will be entitled during the next fiscal biennium. Education Code 31.0215(a)

No Appeal

The amount of the allotment determined by the commissioner is final and may not be appealed. 19 TAC 66.1307(d)

Delayed Publisher Payment Option

A district may requisition and receive state-adopted instructional materials before allotment funds for those materials are available.  The total cost of delayed-payment-option materials requisitioned may not exceed 80 percent of the School’s expected allotment for the subsequent biennium.

When TSBVI submits a requisition for instructional materials under this provision, TEA will expend the School’s existing allotment balance before applying the delayed payment option.  TEA will make payment for any remaining balance for the School’s order as the allotment funds become available and will prioritize payment for requisitions over reimbursement of purchases made directly by TSBVI.

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.  Publishers may decline orders for which payments could be delayed.  A publisher’s decision to decline an order shall affect all of that publisher’s orders for which payments could be delayed.  Publishers may not selectively decline individual orders or orders from individual districts. Government Code Chapter 2251 does not apply to requisitions under this provision.

Education Code 31.0215; 19 TAC 66.1312

Allotment Adjustment

Change in Enrollment

Not later than May 31 of each school year, TSBVI may request that the commissioner adjust the number of students for which the School is entitled to receive an allotment on the grounds that the number of students attending school 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, if the commissioner determines a different number of students is a more accurate reflection of students who will be attending TSBVI. The commissioner’s determination is final. Education Code 31.0211(e)

Permitted Expenditures

The allotment may be used to pay for:

  1. Instructional materials on the list adopted by the commissioner under Education Code 31.0231;
  2. Instructional materials on the list adopted by the State Board of Education (SBOE) under Education Code 31.024;
  3. Non-adopted instructional materials;
  4. Consumable instructional materials, including workbooks;
  5. Instructional materials for use in bilingual education classes, as provided by Education Code 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 Education Code 28.014, as provided by Education Code 31.031;
  8. Supplemental instructional materials, as provided by Education Code 31.035; State-developed open education resource instructional materials, as provided by Education Code Chapter 31, Subchapter B-1;
  9. Instructional materials and technological equipment under any ongoing contracts of the School in effect on September 1, 2011;
  10. Activities related to the TSBVI campus Review and Adoption Committee of instructional materials;
  11. Technological equipment that contributes to student learning, including equipment that supports the use of instructional materials.
  12. Training educational personnel directly involved in student learning in the appropriate use of instructional materials;
  13. Providing access to technological equipment for instructional use; and
  14. The salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning

Education Code 31.0211(c); 19 TAC 66.1307(f)

Prohibited Expenditures

  1. The allotment may not be used to pay for:
  2. Services for installation;
  3. The physical conduit that transmits data such as cabling and wiring or electricity;
  4. Office and school supplies; or
  5. Items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;
  6. Travel expenses; or
  7. Equipment or software used for moving, storing, tracking, or taking inventory of instructional materials.

19 TAC 66. 1307(g)

Certification of Allotment

TSBVI shall annually certify to the commissioner that the School’s allotment has been used only for permitted expenses. Education Code 31.0213

Priority of Purchase

Each biennium TSBVI shall use the School’s allotment to purchase, in the following order:

  1. Instructional materials necessary to permit TSBVI to certify that the 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.
  2. Any other instructional materials or technological equipment as determined by the School.

Education Code 31.0211(d); 19 TAC 66.1307(e)

Access to Allotment through EMAT

The allotment for each biennium will be made available for TSBVI use through the state’s online instructional material ordering system (EMAT) as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated. TSBVI may access its allotment for any upcoming school year upon completion of:

  1. Submission to the commissioner certification that:
    1. The School has instructional materials that cover all the required Texas essential knowledge and skills (TEKS), except those for physical education, as required by Education Code 31.004 [see Certification of Instructional Materials, below]; and
    2. The School has used its allotment for only the allowable expenditures [see Permitted Expenditures and Certification of Allotment Use, above]; and
  2. Preparation by TEA of EMAT for the new school year with the new allotment amounts.

Upon completion of these requirements, TSBVI may access its funds by correctly providing all information required in EMAT.

Education Code 31.101(f) 19 TAC 66.1307(h)–(j)

Delegation of Authority

The Board may delegate to an employee the authority to requisition, distribute, and manage the inventory of instructional materials, consistent with Education Code Chapter 31 and rules adopted under that chapter.  Education Code 31.104(a)

Requisitions, Use, and Distribution

TSBVI shall make a requisition for instructional materials using the online requisition program (EMAT) maintained by the commissioner not later than June 1 of each year.  TSBVI may requisition instructional materials on the SBOE instructional materials list for grades above the grade level in which a student is enrolled.  Education Code 31.103(b)–(c)

Supplemental Instructional Materials

TSBVI may requisition supplemental instructional material adopted by the SBOE but not on the instructional material list adopted under Education Code 31.023 only if the district requisitions the supplemental instructional material along with other supplemental instructional materials or instructional materials on the list adopted under Education Code 31.023 that in combination cover each element of the essential knowledge and skills for the course for which the School is requisitioning the supplemental instructional materials.  Education Code 31.035(d)

Availability of Open Education Resource Instructional Materials

When TSBVI selects open education resource instructional material it shall requisition a sufficient number of printed copies for use by students unable to access the instructional material electronically unless the school provides to each student:

  1. Electronic access to the instructional material at no cost to the student; or
  2. Printed copies of the portion of the instructional material that will be used in the course.

Education Code 31.103(d)

Employee Training

The Board shall require the employee responsible for ordering instructional materials to complete TEA-developed training in the use of the allotment and the use of the instructional materials ordering system (EMAT).  Training shall be completed prior to ordering instructional materials for the first time and again each time the district is notified by TEA that the training has been updated. TSBVI shall maintain documentation of the completion of the required training.  19 TAC 66.107(d)

Special Instructional Materials

All laws and rules applying to instructional materials provided to students with no disabilities that are not in conflict with Education Code 31.028 or 19 Administrative Code 66.1311 shall apply to the distribution and control of special instructional materials.  Special instructional materials include braille, large-print, and audio books and any other formats designed specifically to provide equal access to students with disabilities.

Requisitions for special instructional materials shall be based on actual student enrollment but may include up to two copies per student if necessary to meet individual need.

Special instructional materials are the property of the State of Texas. TSBVI is responsible for replacing or reimbursing the state for lost, stolen, or damaged special instructional materials.

For Teachers

Adopted instructional materials needed by a teacher with a print disability to carry out his or her instructional duties shall be furnished in the required format without cost.  The materials are to be loaned to TSBVI as long as needed and are to be returned to the state when they are no longer needed.

For Parents

Adopted instructional materials in a specialized format that are re-quested by a parent with a print disability shall be furnished without cost by the state.  Requests for electronic files shall be filled by TEA after the parent signs and TEA receives a statement, through the district, promising that the parent will safeguard the security of the files and observe all current copyright laws, including those that for-bid reproduction of the files and their transfer to other parties.  All specialized instructional material formats and electronic files that have been provided must be returned to TSBVI at the end of the school year.

19 TAC 66.1311

Certification of Instructional Materials

Prior to the beginning of each school year, TSBVI shall submit to the SBOE and commissioner certification that for each subject in the required curriculum under Education Code 28.002, other than physical education, and each grade level, the School provides each student with instructional materials that cover all elements of the essential knowledge and skills adopted by the SBOE for that subject and grade level.  The certification shall be submitted in a format approved by the commissioner and can be based on both state-adopted and non-state-adopted materials.

To determine whether each student has instructional materials that cover all elements of the essential knowledge and skills, TSBVI may consider:

  1. Instructional materials adopted by the SBOE;
  2. Materials adopted or purchased by the commissioner under Education Code 31.0231 or Education Code Chapter 31, Sub-chapter B-1;
  3. Open education resource instructional materials submitted by eligible institutions and adopted by the SBOE;
  4. Open education resource instructional materials made available by other public schools;
  5. Instructional materials developed or purchased by the district; and
  6. Open education resource instructional materials and other electronic instructional materials included in the repository un-der Education Code 31.083.

The certifications shall be ratified by the Board in a public, noticed meeting.

Education Code 31.004; 19 TAC 66.105

Ownership

Except as otherwise provided, a student must return all instructional materials to the teacher at the end of the school year or when the student withdraws from TSBVI.  At the end of the school year for which open education resource instructional material that TSBVI does not intend to use for another student is distributed, the printed copy of the open education resource instructional material be-comes the property of the student to whom it is distributed.  This provision does not apply to an electronic copy of open education resource instructional material. Education Code 31.104(c), (g)–(h); 19 TAC 66.107(b)

Responsibility for Instructional Materials and Equipment

Each student or the student’s parent or guardian is responsible for all instructional material and technological equipment not returned in an acceptable condition by the student.  A student who fails to return in an acceptable condition all instructional materials and technological equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and techno-logical equipment previously issued but not returned in an acceptable condition are paid for by the student, parent, or guardian.

As provided by this board policy, TSBVI may waive or reduce the payment required if the student is from a low-income family. [See FP] The School shall allow the student to use instructional materials and technological equipment at school during each school day.

If instructional materials or technological equipment is not returned in an acceptable condition or paid for, TSBVI may withhold the student’s records.  The School may not prevent the student from graduating, participating in a graduation ceremony, or receiving a diplo-ma. [See FL and GBA regarding student and parental right to access records; and FD, FFAB, and FL regarding TSBVI’s duties to provide records to another district]

The Board may not require a TSBVI employee who acts in good faith to pay for instructional materials or technological equipment that is stolen, misplaced, or not returned by a student. [See DG]

These provisions do not apply to an electronic copy of open education resource instructional material.

Education Code 31.104(d), (e), (h); 19 TAC 66.107(c) [See also EF]

Acceptable Condition

Printed instructional materials are considered to be in acceptable condition if:

  1. The cover, binding, pages, spine, and all integral components of the instructional materials are wholly intact and the instructional materials are fully usable by students; and
  2. No component of the instructional materials is soiled, torn, or damaged (whether intentionally or by lack of appropriate care) to the extent that any portion of the content is too disfigured or obscured to be fully accessible to other students.

Electronic instructional materials are considered to be in acceptable condition if:

  1. All components or applications that are a part of the electronic instructional materials are returned;
  2. The electronic materials perform as they did when they were new;
  3. The electronic instructional materials do not contain computer code (e.g., bug, virus, worm, or similar malicious software) that has been designed to self-replicate, damage, change, or otherwise hinder the performance of any computer’s memory, file system, or software; and
  4. The electronic instructional materials have not been installed with plug-ins, snap-ins, or add-ins without TSBVI’s prior approval.

Technological equipment is considered to be in acceptable condition if:

  1. The equipment is returned with the software and hardware in their original condition unless the district authorized changes; and
  2. The physical condition of the equipment is fully usable as it was originally intended to be used.

19 TAC 66.1310

Lost or Damaged Instructional Materials

TSBVI may order replacements for instructional materials that have been lost or damaged directly from the publisher of the instructional materials or any source for a printed copy of open education resource instructional material. Education Code 31.104

Sale or Disposal

The Board shall determine how TSBVI will dispose of discontinued printed instructional materials, electronic instructional materials, and technological equipment.

Sale

The Board may sell printed instructional materials on the date the instructional material is discontinued for use in the public schools by the SBOE or the commissioner. T he Board may also sell electronic instructional materials and technological equipment.

Use of Proceeds

Any funds received by the School from a sale must be used to purchase instructional materials and technological equipment allowed under Education Code 31.0211.

Disposal

The Board may dispose of printed instructional material before the date the instructional material is discontinued for use in the public schools by the SBOE if the Board determines that the instructional material is not needed and the board does not reasonably expect that the instructional material will be needed.  TSBVI must notify the commissioner of any instructional material the School disposes of under this provision.

Education Code 31.105

Annual Inventory

TSBVI shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by and delivered to the School.  The results of the inventory shall be recorded in the School’s files. 19 TAC 66.107(a)

Adopted:     10/25/85

Amended:   9/22/89, 9/27/90, 9/27/91, 3/27/92, 5/27/93, 5/26/94, 11/14/97, 1/31/03, 4/1/05, 11/16/07, 11/16/18

Reviewed: