CHAPTER 32. COMPUTERS AND COMPUTER-RELATED EQUIPMENT
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES
CHAPTER 32. COMPUTERS AND COMPUTER-RELATED EQUIPMENT
SUBCHAPTER A. POWERS AND DUTIES OF STATE BOARD OF EDUCATION
RELATING TO ELECTRONIC INSTRUCTIONAL TECHNOLOGY AND
COMPUTER-RELATED EQUIPMENT
Sec. 32.001. DEVELOPMENT OF LONG-RANGE PLAN. (a) The State
Board of Education shall develop a long-range plan for:
(1) acquiring and using technology in the public school system;
(2) fostering professional development related to the use of
technology for educators and others associated with child
development;
(3) fostering computer literacy among public school students so
that by the year 2000 each high school graduate in this state has
computer-related skills that meet standards adopted by the board;
and
(4) identifying and, through regional education service centers,
distributing information on emerging technology for use in the
public schools.
(b) The State Board of Education shall update as necessary the
plan developed under Subsection (a).
(c) The State Board of Education, in coordination with the Texas
Higher Education Coordinating Board and other public agencies and
institutions the State Board of Education considers appropriate,
shall propose legislation and funding necessary to implement the
plan developed under Subsection (a).
(d) In developing the plan, the State Board of Education must
consider accessibility of technology to students with
disabilities.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.002. AUTHORITY OF SCHOOL DISTRICT. A school district is
not required by this subchapter to acquire or use technology that
has been approved, selected, or contracted for by the State Board
of Education or the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.003. AUTHORITY OF COMMISSIONER TO CONTRACT. The
commissioner may contract with developers of technology to supply
technology for use by school districts throughout this state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.004. FEES. The State Board of Education, on the
commissioner's recommendation, may establish a reasonable fee for
services provided under this chapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.005. TECHNOLOGY ALLOTMENT. (a) Each school district is
entitled to an allotment of $30 for each student in average daily
attendance or a different amount for any year provided by
appropriation.
(b) An allotment under this section may be used only to:
(1) provide for the purchase by school districts of electronic
textbooks or technological equipment that contributes to student
learning; and
(2) pay for training educational personnel directly involved in
student learning in the appropriate use of electronic textbooks
and for providing for access to technological equipment for
instructional use.
(c) The allotment under this section may be paid from:
(1) the available school fund; or
(2) any other fund that may be used for that purpose and that is
identified in the General Appropriations Act as the source of
payment of the allotment.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 22, eff. June 10,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
831, Sec. 3, eff. September 1, 2008.
SUBCHAPTER B. STATEWIDE DEVELOPMENT OF TECHNOLOGY AND
TELECOMMUNICATIONS
Sec. 32.031. PURPOSE. To prepare students for the 21st century,
it is the policy of this state that a superior education should
be available to all students under a thorough and efficient
system of public education. Educational resources shall be
devoted to the maximum extent possible to the instruction of
students. To accomplish those purposes, public education must
use, in a comprehensive manner, appropriate, accessible
technology in all aspects of instruction, administration, and
communication.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.032. ELECTRONIC INFORMATION SYSTEM. (a) The agency
shall establish and maintain an accessible electronic information
transfer system, as provided by State Board of Education policy,
that is capable of transmitting information among school
districts, regional education service centers, and other
education-related entities and state agencies.
(b) The commissioner may contract with suppliers of computer
hardware, software, or communications equipment or services to
provide accessible goods or services to school districts,
regional education service centers, or the agency. The State
Board of Education by rule shall adopt standards for hardware,
software, and communications equipment, training, and services
supplied through contract under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.033. INTEGRATED TELECOMMUNICATIONS SYSTEM. (a) The
agency, in coordination with institutions of higher education and
other public or private entities, may maintain and expand, as
needed, the telecommunications capabilities of school districts
and regional education service centers. The agency shall design
and implement a telecommunications system for distance learning
throughout the state.
(b) To the extent necessary, the State Board of Education shall
conduct feasibility studies related to accessible
telecommunications capabilities of school districts and regional
education service centers.
(c) According to priorities determined by the State Board of
Education, the commissioner may contract with a public
broadcasting system or another supplier of telecommunications
equipment, programming, training, or services to provide
equipment, programming, training, or services to school
districts, regional education service centers, or the agency.
(d) In providing additional telecommunications capabilities
under Subsection (a), the agency shall give priority to school
districts with limited financial resources.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 23, eff.
Sept. 1, 2003.
Sec. 32.034. CENTER FOR EDUCATIONAL TECHNOLOGY. (a) The
commissioner, as provided by State Board of Education policy, may
enter into an interagency contract with a public institution of
higher education or a consortium of public institutions of higher
education in this state to sponsor a center for educational
technology under this section.
(b) The purpose of the center is to improve the quality and
efficiency of the educational process through research,
development, or site evaluation of:
(1) existing and new applications of technology specifically
designed for educational applications; and
(2) educational applications of technology originally developed
for commercial or other purposes.
(c) The membership of the center shall consist of public school
educators, regional education service centers, institutions of
higher education, nonprofit organizations, and private sector
representatives. The State Board of Education shall establish
membership policies for the center.
(d) The board of directors of the center shall be appointed by
the State Board of Education and shall consist of:
(1) representatives of the center, including members of the
public education system;
(2) a representative of each sponsoring institution of higher
education; and
(3) the commissioner or the commissioner's representative.
(e) The board of directors shall:
(1) employ a director for the center;
(2) establish priorities for the center's activities; and
(3) report annually on the operation, projects, and fiscal
affairs of the center to the State Board of Education and the
membership of the center.
(f) The director is responsible for the center's activities.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.035. DEMONSTRATION PROGRAMS. (a) The agency shall
establish demonstration programs to:
(1) investigate the uses, effectiveness, and feasibility of
technologies for education; and
(2) provide models for effective education using technology.
(b) The agency may design programs under Subsection (a) to
encourage participation by and collaboration among school
campuses, school districts, regional education service centers,
the private sector, state and federal agencies, nonprofit
organizations, and institutions of higher education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 32.036. PREVIEW CENTERS AND TRAINING PROGRAMS. The agency
may establish and provide for the operation of a technology
preview center and training program in each regional education
service center to assist district and campus personnel in
developing and maintaining the comprehensive use of appropriate
technology in all aspects of instruction, administration, and
communications.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS
Sec. 32.101. DEFINITION. In this subchapter, "data processing"
has the meaning assigned by Section 2054.003, Government Code.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001.
Sec. 32.102. AUTHORITY. (a) As provided by this subchapter, a
school district or open-enrollment charter school may transfer to
a student enrolled in the district or school:
(1) any data processing equipment donated to the district or
school, including equipment donated by:
(A) a private donor; or
(B) a state eleemosynary institution or a state agency under
Section 2175.128, Government Code;
(2) any equipment purchased by the district or school, to the
extent consistent with Section 32.105; and
(3) any surplus or salvage equipment owned by the district or
school.
(b) A school district or open-enrollment charter school may
accept:
(1) donations of data processing equipment for transfer under
this subchapter; and
(2) any gifts, grants, or donations of money or services to
purchase, refurbish, or repair data processing equipment under
this subchapter.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.020(f),
eff. Sept. 1, 2003.
Sec. 32.103. ELIGIBILITY; PREFERENCE. (a) A student is
eligible to receive data processing equipment under this
subchapter only if the student does not otherwise have home
access to data processing equipment, as determined by the
student's school district or open-enrollment charter school.
(b) In transferring data processing equipment to students, a
school district or open-enrollment charter school shall give
preference to educationally disadvantaged students.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001.
Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring
data processing equipment to a student, a school district or
open-enrollment charter school must:
(1) adopt rules governing transfers under this subchapter,
including provisions for technical assistance to the student by
the district or school;
(2) determine that the transfer serves a public purpose and
benefits the district or school; and
(3) remove from the equipment any offensive, confidential, or
proprietary information, as determined by the district or school.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001.
Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. A school district or
open-enrollment charter school may spend public funds to:
(1) purchase, refurbish, or repair any data processing equipment
transferred to a student under this subchapter; and
(2) store, transport, or transfer data processing equipment
under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001.
Sec. 32.106. RETURN OF EQUIPMENT. (a) Except as provided by
Subsection (b), a student who receives data processing equipment
from a school district or open-enrollment charter school under
this subchapter shall return the equipment to the district or
school not later than the earliest of:
(1) five years after the date the student receives the
equipment;
(2) the date the student graduates;
(3) the date the student transfers to another school district or
open-enrollment charter school; or
(4) the date the student withdraws from school.
(b) Subsection (a) does not apply if, at the time the student is
required to return the data processing equipment under that
subsection, the district or school determines that the equipment
has no marketable value.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 6.01, eff. June 15,
2001.
SUBCHAPTER D. TECHNOLOGY DEMONSTRATION SITES PROJECT
Sec. 32.151. ESTABLISHMENT OF PROJECT. (a) The agency may by
rule establish the technology demonstration sites project to:
(1) demonstrate the use of technology for improving teaching and
learning;
(2) use digital tools and resources to extend learning
opportunities from school to home; and
(3) exemplify instructional practices and lessons that support
academic learning in the classroom and at home.
(b) The project shall use existing home electronic devices or
provide access through electronic device checkout options to
extend learning at home. The project shall make electronic
devices available to each student in a participating school to
allow students, at school and at home, to use software, on-line
courses, and other appropriate learning technologies that have
been shown to improve academic achievement and the progress
measures listed in Section 32.155(e).
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 2, eff. September 1, 2009.
Sec. 32.152. PROJECT ADMINISTRATION. If the agency establishes
the project under Section 32.151, the agency shall establish a
procedure and develop criteria for the administration of the
project. In administering the project, the agency shall:
(1) select participating school districts or schools;
(2) define the conditions for the distribution and use of
electronic devices not currently available to all students;
(3) develop guidelines for a distribution and checkout plan for
home use of electronic devices;
(4) monitor local project implementation; and
(5) review the progress made through each demonstration site
included in the project.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 2, eff. September 1, 2009.
Sec. 32.153. PROJECT FUNDING. (a) To implement the project,
the agency may use any gift, grant, or donation given for the
project. The agency may solicit and accept a gift, grant, or
donation of any kind from any source, including from a
foundation, private entity, governmental entity, and institution
of higher education, for the implementation of the project. The
agency may use only undedicated and unobligated money from the
general revenue fund for purposes of the project.
(b) Funds for the project may not be used for the construction
of a building or other facility.
(c) The participating school districts and schools shall use
project funds for:
(1) the purchase of electronic devices so that each student in a
participating classroom has an electronic device for use at
school and at home;
(2) the purchase of other equipment, including computer hardware
and software;
(3) the hiring of pedagogical and technical support staff for
school districts or schools participating in the project; and
(4) the purchase of technology-based learning materials and
resources.
(e) The project may be implemented only if sufficient funds are
available under this section for that purpose.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 14.01, eff. May 31, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 14.03, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 2, eff. September 1, 2009.
Sec. 32.154. DISTRICT OR SCHOOL SELECTION. (a) A school
district may apply to the agency for the establishment of a
technology demonstration sites project for the entire district or
for a particular school or group of schools in the district.
(b) The agency shall select the participating districts and
schools for the project based on each district's or school's need
and technological readiness for the project.
(c) The agency shall select at least five school districts to
participate in the project. At least one demonstration site
included in the project should include students in grades 6-12.
The agency may select at least one school district in which each
school in the district participates in the project.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 2, eff. September 1, 2009.
Sec. 32.155. COMMUNITY EDUCATIONAL PIPELINE PROGRESS TEAM. (a)
Each participating school district or school shall establish a
community educational pipeline progress team to assist in
developing and implementing the technology demonstration sites
project.
(b) The board of trustees of a participating school district, or
of a district in which a participating school is located, shall
appoint individuals to the team. The team may be composed of:
(1) educators;
(2) district-level administrators;
(3) community leaders;
(4) parents of students who attend a participating school; and
(5) any other individual the board finds appropriate.
(c) The team shall develop an academic improvement plan that
details how the project should be implemented in the
participating district or school. In developing the academic
improvement plan, the team shall consider:
(1) the educational problems in the district or school that
could be mitigated through the implementation of the project; and
(2) the technological and nontechnological resources that are
necessary to ensure the successful implementation of the project.
(d) The team shall recommend to the board of trustees how the
project funds should be used to implement the academic
improvement plan developed under Subsection (c). The team may
recommend annually any necessary changes in the academic
improvement plan to the board. The agency must approve the
academic improvement plan, or any changes in the academic
improvement plan, before disbursing project funds to the board.
(e) The board of trustees of each district participating in the
project shall send an annual progress report to the agency not
later than August 1 of each year that the district is
participating in the project. The report must state in detail
the type of plan being used in the district or school and the
effect of the project on the district or school, including:
(1) the academic progress of students who are participating in a
project, as measured by performance on assessment instruments;
(2) if applicable, a comparison of student progress in a school
or classroom that is participating in the project as compared
with student progress in the schools or classrooms in the
district that are not participating in the project;
(3) any elements of the project that contribute to improved
student performance on assessment instruments administered under
Section 39.023 or any other assessment instrument required by the
agency;
(4) any cost savings and improved efficiency relating to school
personnel and the maintenance of facilities;
(5) any effect on student dropout and attendance rates;
(6) any effect on student enrollment in higher education;
(7) any effect on teacher performance and retention;
(8) any improvement in communications among students, teachers,
parents, and administrators;
(9) any improvement in parent involvement in the education of
the parent's child;
(10) any effect on community involvement and support for the
district or school; and
(11) any increased student proficiency in technologies that will
help prepare the student for becoming a member of the workforce.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 3, eff. September 1, 2009.
Sec. 32.156. ELECTRONIC DEVICE RETENTION. Each student
participating in the project may retain the electronic device
provided under the project as long as the student is enrolled in
a school in a participating school district.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 4, eff. September 1, 2009.
Sec. 32.157. PROJECT EVALUATION; EXPIRATION. (a) After the
expiration of the project, the agency may review the project
based on the annual reports the agency receives from the board of
trustees of participating school districts. The agency may
include the review of the project in the comprehensive annual
report required under Section 39.332 that covers the 2012-2013
school year.
(b) This subchapter expires August 31, 2013.
Added by Acts 2003, 78th Leg., ch. 834, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 14.02, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 4, eff. September 1, 2009.
SUBCHAPTER F. EDUCATION INTERNET PORTAL
Sec. 32.251. DEFINITION. In this subchapter, "portal" means the
education Internet portal required by this subchapter.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.151 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.252. EDUCATION INTERNET PORTAL; GENERAL PURPOSES. (a)
The agency, with assistance from the Department of Information
Resources and with participation by the Texas Higher Education
Coordinating Board, interested school districts, and interested
persons in the private sector, shall establish and maintain an
education Internet portal for use by school districts, teachers,
parents, and students.
(b) The portal must serve as a single point of access to
educational resources other than student assessment data
accessible through the student assessment data portal under
Section 32.258. In addition to any other purpose specified by
this subchapter or any other educational purpose, the portal may
be used to:
(1) alleviate inequities in access to educational resources by
providing access to on-line courses;
(2) improve student academic performance by providing access to
tutorial materials, instructional materials that have been shown
to improve academic performance, and other interactive materials,
including materials that assess an individual student's knowledge
and prepare the student for the administration of a standardized
assessment instrument, including an assessment instrument
administered under Section 39.023;
(3) provide school districts with access to administrative
software and other electronic tools designed to promote
administrative efficiency and intra-district communication; or
(4) provide links to appropriate educational resources and
experts available through the Internet.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.152 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 48, eff. June 19, 2009.
Sec. 32.253. ADMINISTRATION. (a) The agency has responsibility
for general administration and oversight of the portal and for
approving the content of all information made available through
the portal.
(b) The Department of Information Resources shall:
(1) host the portal through the project known as TexasOnline;
(2) organize the portal in a manner that simplifies portal use
and administration;
(3) provide any necessary technical advice to the agency,
including advice relating to equipment required in connection
with the portal;
(4) provide a method for maintaining the information made
available through the portal; and
(5) cooperate with the agency in linking the agency's Internet
site to the portal.
(c) The Department of Information Resources may assist the
agency with technical advice regarding contracting with vendors
for services in connection with the portal.
(d) The P-16 Council established under Section 61.076 shall
serve in an advisory capacity to the agency and the Department of
Information Resources in connection with functions relating to
the portal.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 4.007, eff. September 1, 2007.
Renumbered from Education Code, Section 32.153 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.254. ON-LINE COURSES. (a) The agency may coordinate
the identification and development of on-line courses made
available through the portal. A course may not be made available
through the portal unless the course is reviewed by the agency
and approved by the commissioner.
(b) In coordinating, developing, and reviewing courses to be
made available through the portal, the agency shall give priority
to any course that is not readily available to students
throughout the state and for which there is a critical need.
(c) A course made available through the portal must be aligned
with state curriculum requirements under Section 28.002 and the
essential knowledge and skills identified under that section.
(d) The agency may develop quality assurance criteria to be used
by the agency in developing and reviewing courses made available
through the portal. The criteria must include components relating
to:
(1) course content;
(2) instructor qualifications;
(3) validity of assessment procedures;
(4) security features; and
(5) degree of interactivity.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.154 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.255. ON-LINE COURSE SCHOLARSHIPS. (a) Using funds
available for that purpose, the agency may award a scholarship
for the costs of an on-line course to a student who demonstrates
that:
(1) the student has inequitable access to the course; and
(2) access to the course would improve the likelihood of the
student's academic success.
(b) The commissioner may adopt criteria to be used in awarding
scholarships under this section. The criteria must limit the
availability of scholarships to students who:
(1) are enrolled in a public school on a full-time basis; or
(2) were enrolled in a public school on a full-time basis for at
least three months during the preceding school year and indicate
an intent to enroll in a public school on a full-time basis for
at least three months during the school year for which the
scholarship is offered.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.155 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.256. ON-LINE TEXTBOOKS. (a) The agency may develop and
adopt strategies for making textbooks available through the
portal or through other means in an electronic format as an
alternative or supplement to traditional textbooks.
(b) In developing and adopting strategies under this section,
the agency shall seek to achieve a system under which a student
may, in addition to a traditional textbook, be provided with
secure Internet access to each textbook used by the student.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.156 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.257. SCHOOL DISTRICT ADMINISTRATIVE SOFTWARE AND
ELECTRONIC TOOLS. (a) The agency may:
(1) identify effective Internet-based administrative software
and other electronic tools that may be used by school districts
to improve district administrative functions; and
(2) pursue efforts to make that software and other electronic
tools available through the portal for use by school districts on
a voluntary basis.
(b) The agency may assist school districts in identifying
sources of funding that may be used by districts to pay any costs
associated with using administrative software and other
electronic tools available through the portal. To the extent that
funds are available to the agency, the agency may provide
administrative software and other electronic tools through the
portal at no cost to specific school districts selected by the
agency based on demonstrated need.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.157 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.258. STUDENT ASSESSMENT DATA; DATA PORTAL. (a) The
agency shall establish and maintain a student assessment data
portal for use by school districts, teachers, parents, students,
and public institutions of higher education. The agency shall
establish a secure, interoperable system to be implemented
through the portal under which:
(1) a student or the student's parent or other person standing
in parental relationship can easily access the student's
individual assessment data;
(2) an authorized employee of a school district, including a
district teacher, can readily access individual assessment data
of district students for use in developing strategies for
improving student performance; and
(3) an authorized employee of a public institution of higher
education can readily access individual assessment data of
students applying for admission for use in developing strategies
for improving student performance.
(b) The system established under Subsection (a) shall provide a
means for a student or the student's parent or other person
standing in parental relationship to track the student's progress
on assessment instrument requirements for graduation.
(c) The agency shall establish an interoperable system to be
implemented through the portal under which general student
assessment data is easily accessible to the public.
(d) Student assessment data provided under this section must:
(1) be available on or before the first instructional day of the
school year following the year in which the data is collected;
and
(2) include student performance data on assessment instruments
over multiple years, beginning with the 2007-2008 school year,
including any data indicating progress in student achievement.
(e) Each system established under this section must permit
comparisons of student performance information at the classroom,
campus, district, and state levels.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.158 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 49, eff. June 19, 2009.
Sec. 32.259. FEES. (a) The agency may charge school districts,
teachers, parents, students, and other persons a reasonable fee
for services or information provided through the portal.
(b) The total amount of fees charged under this section may not
exceed the amount necessary to pay costs associated with the
development, administration, and maintenance of the portal.
(c) An individual fee charged to a person under this section for
a service or information may not exceed the amount that the
person would be required to pay to obtain the service or
information from a commercial source or through another means of
access other than the portal.
(d) To the extent possible, the agency shall make services and
information available through the portal at no cost to school
districts, teachers, parents, students, and other persons.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.159 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.260. VENDOR PARTICIPATION. (a) The agency may seek
proposals from private vendors for providing on-line courses or
other materials or services through the portal in accordance with
this subchapter. A vendor may not provide an on-line course or
other material or service through the portal without approval by
the agency.
(b) The agency may require a vendor, as a condition of approval
of the vendor's proposal, to:
(1) pay:
(A) all or part of the costs of providing the on-line course or
other material or service;
(B) an access fee to be used by the agency in paying the general
costs of maintaining the portal; or
(C) both the amounts described by Paragraphs (A) and (B); and
(2) if applicable, provide on-line course scholarships to
students in accordance with criteria adopted by the commissioner.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.160 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.261. FUNDING. (a) The agency may not use general
revenue funds to pay the costs of developing, administering, and
maintaining the portal. The agency may use amounts available to
the agency from:
(1) gifts, grants, or donations;
(2) vendor payments described by Section 32.260(b); or
(3) arrangements with nonprofit or private entities approved by
the agency.
(b) To the extent possible considering other statutory
requirements, the commissioner and agency shall encourage the use
of textbook funds and technology allotment funds under Section
31.021(b)(2) in a manner that facilitates the development and use
of the portal.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.161 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 17.002(2), eff. September 1, 2007.
Sec. 32.262. STATEWIDE LICENSING AND CONTRACTING. As
appropriate to promote the availability through the portal of
services and information specified by this subchapter at no cost
to users or at a reasonable cost, the agency may negotiate
statewide licenses or discounts with software vendors and other
persons offering applications that are suitable for use through
the portal.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.162 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
Sec. 32.263. OUTREACH AND TRAINING. (a) The agency may conduct
outreach activities to provide information regarding the portal
to school districts, teachers, parents, and students.
(b) The agency may provide training to school districts and
teachers in use of the portal. Training in use of the portal may
be made available to parents and students by the agency or school
districts, as determined by commissioner rule.
Added by Acts 2003, 78th Leg., ch. 1216, Sec. 16, eff. June 20,
2003.
Renumbered from Education Code, Section 32.163 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(13), eff. September 1, 2007.
SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM
For expiration of this subchapter, see Section 32.355.
Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The commissioner
by rule shall establish a computer lending pilot program to
provide computers to participating public schools that make
computers available for use by students and their parents.
Added by Acts 2009, 81st Leg., R.S., Ch.
571, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 5, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1407, Sec. 9, eff. June 19, 2009.
Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The commissioner
shall establish procedures for the administration of the pilot
program, including procedures for distributing to participating
public schools:
(1) any surplus or salvage data processing equipment available
for distribution under the pilot program; or
(2) computers donated or purchased for that purpose with funds
from any available source, including a foundation, private
entity, governmental entity, and institution of higher education.
Added by Acts 2009, 81st Leg., R.S., Ch.
571, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 5, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1407, Sec. 9, eff. June 19, 2009.
Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible to
participate in the pilot program if:
(1) 50 percent or more of the students enrolled in the school
are educationally disadvantaged; and
(2) the school operates or agrees to operate a computer lending
program that:
(A) allows students and parents to borrow a computer;
(B) includes an option for students and parents to work toward
owning a computer initially borrowed under the school's lending
program, subject to any applicable legal restrictions regarding
disposition of the computer involved;
(C) provides computer training for students and parents; and
(D) operates outside regular school hours, including operation
until at least 7 p.m. on at least three days each week.
Added by Acts 2009, 81st Leg., R.S., Ch.
571, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 5, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1407, Sec. 9, eff. June 19, 2009.
Sec. 32.354. ANNUAL REPORT. Not later than January 1 of each
year, the commissioner shall submit a report to the legislature
regarding the computer lending pilot program established under
this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
571, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 5, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1407, Sec. 9, eff. June 19, 2009.
Sec. 32.355. EXPIRATION. This subchapter expires September 1,
2014.
Added by Acts 2009, 81st Leg., R.S., Ch.
571, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
714, Sec. 5, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1407, Sec. 9, eff. June 19, 2009.