CMD(LEGAL) - EQUIPMENT AND SUPPLIES MANAGEMENT: INSTRUCTIONAL MATERIALS CARE AND ACCOUNTING
Note: For provisions regarding selection and adoption of instructional materials, see EFA.
Instructional Materials and Technology
Instructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools. Except as provided by Education Code 31.104(d), a district may not charge a student for instructional material or technological equipment purchased by the district with the district's technology and instructional materials allotment. Education Code 31.001
Each instructional material, including electronic instructional material only to the extent of any applicable licensing agreement, purchased as provided by Education Code Chapter 31 for a district is the property of the district. Education Code 31.102(a)–(b)
A district is entitled to an allotment each biennium from the state instructional materials and technology fund for each student enrolled in the district 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 instructional materials and technology fund to fund the allotment. The allotment shall be transferred from the state instructional materials and technology fund to the credit of the district's instructional materials and technology account as provided by Education Code 31.0212. Education Code 31.0211(a)
The commissioner shall, as early as practicable during each biennium, notify each district of the estimated amount to which the district will be entitled during the next fiscal biennium. Education Code 31.0215(a)
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 district's expected allotment for the subsequent biennium.
When a district submits a requisition for instructional materials under this provision, the Texas Education Agency (TEA) will expend a district's existing allotment balance before applying the delayed payment option. TEA will make payment for any remaining balance for a district's order as the allotment funds become available and will prioritize payment for requisitions over reimbursement of purchases made directly by a district.
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
Change in Enrollment
Not later than May 31 of each school year, a district may request that the commissioner adjust the number of students for which the district is entitled to receive an allotment on the grounds that the number of students attending school in the district 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 by the district, if the commissioner determines a different number of students is a more accurate reflection of students who will be attending school in the district. The commissioner's determination is final. Education Code 31.0211(e)
High Enrollment Growth
Each year the commissioner shall adjust the instructional materials and technology allotment of districts experiencing high enrollment growth. Education Code 31.0214(a)
High-enrollment growth adjustments will be based on the difference between the district's percentage of enrollment growth and that of the state. Enrollment growth calculations will be determined each fiscal year based on fall Texas Student Data Systems Public Education Information Management System (TSDS PEIMS) enrollment data. The amount of the adjustment determined by the commissioner is final and may not be appealed.
If sufficient funds are available, high-enrollment growth adjustments will be granted once each fiscal year. Notwithstanding this, a district that experiences an unexpected growth:
- Of at least two percent due to a natural or man-made disaster or catastrophic event may apply for additional funding at any time during a fiscal year.
- In its bilingual population of at least ten percent in any school year may apply for additional bilingual funding at any time during a fiscal year.
Any additional funding will be dependent on the availability of funds.
The per-student high-enrollment growth adjustment granted in the second year of a biennium shall not exceed one-half of the per-student amount established as the biennial allotment.
19 TAC 66.1309
The allotment may be used to purchase:
- Materials on the list adopted by the commissioner under Education Code 31.0231;
- Instructional materials, regardless of whether the instructional materials are on the list adopted under Education Code 31.024;
- Consumable instructional materials, including workbooks;
- Instructional materials for use in bilingual education classes, as provided by Education Code 31.029;
- Instructional materials for use in college preparatory courses under Education Code 28.014, as provided by Education Code 31.031;
- 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;
- Instructional materials and technological equipment under any continuing contracts of the district in effect on September 1, 2011;
- Technological equipment necessary to support the use of materials included on the list adopted by the commissioner under Education Code 31.0231 or any instructional materials purchased with an allotment under these provisions; and
- Inventory software or systems for storing, managing, and accessing instructional materials and analyzing the usage and effectiveness of the instructional materials.
The allotment may be used to pay:
- For training educational personnel directly involved in student learning in the appropriate use of instructional materials and for providing for access to technological equipment for instructional use; and
- 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)
The allotment may not be used to pay for:
- Services for installation;
- The physical conduit that transmits data such as cabling and wiring or electricity;
- Office and school supplies; or
- Items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;
- Travel expenses; or
- Equipment or software used for moving, storing, tracking, or taking inventory of instructional materials.
19 TAC 66.1307(g)
Certification of Allotment
A district shall annually certify to the commissioner that the district's allotment has been used only for permitted expenses. Education Code 31.0213
Priority of Purchase
Each biennium a district shall use the district's allotment to purchase, in the following order:
- Instructional materials necessary to permit the district to certify that the district 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.
- Any other instructional materials or technological equipment as determined by the district.
Education Code 31.0211(d); 19 TAC 66.1307(e)
Instructional Materials and Technology Account
The commissioner shall maintain an instructional materials and technology account for each district. In the first year of each biennium, the commissioner shall deposit the district's allotment in the account. The commissioner shall pay the cost of instructional materials requisitioned by a district under Education Code 31.103 using funds from the district's instructional materials and technology account.
A district may also use funds in the district's account to purchase electronic instructional materials or technological equipment. The district shall submit to the commissioner a request for funds for this purpose from the district's account in accordance with the commissioner's rules.
Money deposited in a district's instructional materials and technology account during each state fiscal biennium remains in the account and available for use by the district for the entire biennium. At the end of each biennium, a district with unused money in the district's account may carry forward any remaining balance to the next biennium.
Education Code 31.0212
Access to Allotment
The allotment for each biennium will be made available for district 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. A district may access its allotment for any upcoming school year upon completion of:
- Submission to the commissioner certification that:
- The district 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
- The district has used its allotment for only the allowable expenditures [see Permitted Expenditures and Certification of Allotment Use, above]; and
- Preparation by TEA of EMAT for the new school year with the new allotment amounts.
Upon completion of these requirements, a district may access its funds by correctly providing all information required in EMAT.
19 TAC 66.1307(h)–(j)
Online Requisition System (EMAT)
The commissioner shall maintain an online requisition system (EMAT) for districts to requisition instructional materials to be purchased with the district's allotment. Education Code 31.101(f)
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)
A district may use local funds to purchase any instructional materials in addition to those selected under Education Code Chapter 31. Education Code 31.106
Requisitions, Use, and Distribution
A district shall make a requisition for instructional materials using the online requisition program (EMAT) maintained by the commissioner. A district may requisition instructional materials on the State Board of Education (SBOE) instructional materials list for grades above the grade level in which a student is enrolled. Education Code 31.103(b)–(c)
The board shall distribute printed instructional materials to students in the manner that the board determines is most effective and economical. Education Code 31.102(c)
Supplemental Instructional Materials
A district 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 district is requisitioning the supplemental instructional materials. Education Code 31.035(d)
Availability of Open Education Resource Instructional Materials
A district that selects open education resource instructional material shall requisition a sufficient number of printed copies for use by students unable to access the instructional material electronically unless the district provides to each student:
- Electronic access to the instructional material at no cost to the student; or
- Printed copies of the portion of the instructional material that will be used in the course.
Education Code 31.103(d)
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. The district 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. A district is responsible for replacing or reimbursing the state for lost, stolen, or damaged special instructional materials.
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 the district as long as needed and are to be returned to the state when they are no longer needed.
Adopted instructional materials in a specialized format that are requested 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 forbid 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 the local school district at the end of the school year.
19 TAC 66.1311
Bilingual Instructional Materials
A district shall purchase with its allotment or otherwise acquire instructional materials for use in bilingual education classes. 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. Education Code 31.029; 19 TAC 66.1307(c)
Certification of Instructional Materials
Prior to the beginning of each school year, a district 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 district 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, a district may consider:
- Instructional materials adopted by the SBOE;
- Materials adopted or purchased by the commissioner under Education Code 31.0231 or Education Code Chapter 31, Subchapter B-1;
- Open education resource instructional materials submitted by eligible institutions and adopted by the SBOE;
- Open education resource instructional materials made available by other public schools;
- Instructional materials developed or purchased by the district; and
- Open education resource instructional materials and other electronic instructional materials included in the repository under 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
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 school. At the end of the school year for which open education resource instructional material that a district does not intend to use for another student is distributed, the printed copy of the open education resource instructional material becomes 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 technological equipment previously issued but not returned in an acceptable condition are paid for by the student, parent, or guardian.
As provided by board policy, a district may waive or reduce the payment required if the student is from a low-income family. [See FP] The district 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, a district may withhold the student's records. A district may not prevent the student from graduating, participating in a graduation ceremony, or receiving a diploma. [See FL and GBA regarding student and parental right to access records; and FD, FFAB, and FL regarding a district's duties to provide records to another district]
The board may not require an employee of the district 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]
Printed instructional materials are considered to be in acceptable condition if:
- 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
- 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:
- All components or applications that are a part of the electronic instructional materials are returned;
- The electronic materials perform as they did when they were new;
- 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
- The electronic instructional materials have not been installed with plug-ins, snap-ins, or add-ins without the prior approval of the district.
Technological equipment is considered to be in acceptable condition if:
- The equipment is returned with the software and hardware in their original condition unless the district authorized changes; and
- 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
A district 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 the district will dispose of discontinued printed instructional materials, electronic instructional materials, and technological equipment.
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. The board may also sell electronic instructional materials and technological equipment owned by the district.
Use of Proceeds
Any funds received by a district from a sale must be used to purchase instructional materials and technological equipment allowed under Education Code 31.0211.
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 by the district and the board does not reasonably expect that the instructional material will be needed. A district must notify the commissioner of any instructional material the district disposes of under this provision.
Education Code 31.105
A district shall conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by and delivered to the district. The results of the inventory shall be recorded in the district's files. 19 TAC 66.107(a)
Local Handling Expenses
School districts shall not be reimbursed from state funds for expenses incurred in local handling of instructional materials. 19 TAC 66.104(d)