| (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.
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| Source Note: The provisions of this §66.1307 adopted to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 12, 2014, 39 TexReg 3704; amended to be effective May 8, 2017, 42 TexReg 2405; amended to be effective February 6, 2020, 45 TexRg 892; amended to be effective June 7, 2022, 47 TexReg 3248 |
