EDUCATION CODE
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
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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 telecommunications infrastructure fund
under Subchapter C, Chapter 57, Utilities Code;
(2) the available school fund; or
(3) 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, § 22, eff. June 10, 2003.
SUBCHAPTER B. STATEWIDE DEVELOPMENT OF TECHNOLOGY AND
TELECOMMUNICATIONS
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 23, eff. Sept. 1,
2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS
§ 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, § 6.01, eff. June 15,
2001.
§ 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, § 6.01, eff. June 15,
2001. Amended by Acts 2003, 78th Leg., ch. 1276, § 9.020(f),
eff. Sept. 1, 2003.
§ 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, § 6.01, eff. June 15,
2001.
§ 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, § 6.01, eff. June 15,
2001.
§ 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, § 6.01, eff. June 15,
2001.
§ 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, § 6.01, eff. June 15,
2001.
SUBCHAPTER D. INTERNET ACCESS
Subchapter D, Internet Access, consisting of Sections 32.151
to 32.152, was added by Acts 2003, 78th Leg., Ch. 188, § 1.
For Subchapter D, Technology Immersion Pilot Project,
consisting of Sections 32.151 to 32.157, added by Acts 2003, 78th
Leg., Ch. 834, § 1, see § 32.151 et seq., post.
For Subchapter D, Education Internet Portal, consisting of
Sections 32.151 to 32.163, added by Acts 2003, 78th Leg., Ch. 1216,
§ 16, see § 32.151 et seq., post.
§ 32.151. DEFINITIONS. In this subchapter:
(1) "Internet safety policy" means a policy that
addresses:
(A) measures designed to restrict access by
minors to obscene material on the Internet;
(B) the safety and security of minors when
using electronic mail, chat rooms, and other forms of direct
electronic communications;
(C) unauthorized access and other unlawful
activities by minors on-line; and
(D) unauthorized disclosure, use, and
dissemination of personal identification information regarding
minors.
(2) "Obscene" has the meaning assigned by Section
43. 21, Penal Code.
Added by Acts 2003, 78th Leg., ch. 188, § 1, eff. Sept. 1, 2003.
§ 32.152. LIMITATION ON CERTAIN FUNDS. A public
school that provides a computer used to access the Internet is not
eligible for a loan or grant under Subchapter C, Chapter 57,
Utilities Code, unless the school adopts and implements an Internet
safety policy under this section or under the federal Children's
Internet Protection Act (Pub. L. 106-554).
Added by Acts 2003, 78th Leg., ch. 188, § 1, eff. Sept. 1, 2003.
SUBCHAPTER D. TECHNOLOGY IMMERSION PILOT PROJECT
Subchapter D, Technology Immersion Pilot Project, consisting
of Secs. 32.151 to 32.157, was added by Acts 2003, 78th Leg., Ch.
834, § 1.
For Subchapter D, Internet Access, consisting of Secs. 32.151
to 32.152, added by Acts 2003, 78th Leg., Ch. 188, § 1, see §
32.151 et seq., ante.
For Subchapter D, Education Internet Portal, consisting of
Secs. 32.151 to 32.163, added by Acts 2003, 78th Leg., Ch. 1216,
§ 16, see § 32.151 et seq., post.
§ 32.151. ESTABLISHMENT OF PILOT PROJECT.
Text of section effective until August 31, 2007
The agency may by rule establish the technology immersion
pilot project to provide a wireless mobile computing device to each
student in a participating school and implement the use of
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, § 1, eff. June 20, 2003.
§ 32.152. PILOT PROJECT ADMINISTRATION.
Text of section effective until August 31, 2007
If the agency establishes the pilot project under Section
32.151, the agency shall establish a procedure and develop criteria
for the administration of the pilot project. In administering the
pilot project, the agency shall:
(1) select participating school districts or
schools;
(2) define the conditions for the distribution and
use of computer equipment and other technologies;
(3) purchase and distribute computer equipment and
other technologies;
(4) enter into contracts as necessary to implement
the pilot project;
(5) monitor local pilot project implementation;
and
(6) conduct a final evaluation of the pilot
project.
Added by Acts 2003, 78th Leg., ch. 834, § 1, eff. June 20, 2003.
§ 32.153. PILOT PROJECT FUNDING.
Text of section effective until August 31, 2007
(a) To implement the pilot project, the agency may use
any gift, grant, or donation given for the pilot 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 pilot project. The agency may not use money
from the general revenue fund for purposes of the pilot project.
(b) Funds for the pilot project may not be used for the
construction of a building or other facility.
(c) The agency shall use pilot project funds for:
(1) the purchase of wireless mobile computing
devices so that each student in a participating classroom has a
wireless mobile computing device for use at school and at home;
(2) the purchase of other equipment, including
additional computer hardware and software;
(3) the hiring of technical support staff for
school districts or schools participating in the pilot project;
and
(4) the purchase of technology-based learning
materials and resources.
(d) The agency may not allocate more than $1 million for a
school participating in the pilot project.
(e) The pilot project may be implemented only if
sufficient funds are available under this section for that purpose.
Added by Acts 2003, 78th Leg., ch. 834, § 1, eff. June 20, 2003.
§ 32.154. DISTRICT OR SCHOOL SELECTION.
Text of section effective until August 31, 2007
(a) A school district may apply to the agency for the
establishment of a technology immersion pilot 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 pilot project based on each district's or
school's need for the pilot project. In selecting participants,
the agency shall consider the following criteria:
(1) whether the district or school has limited
access to educational resources that could be improved through the
use of wireless mobile computing devices and other technologies;
(2) whether the district or school has the
following problems and whether those problems can be mitigated
through the use of wireless mobile computing devices and other
technologies:
(A) documented teacher shortages in critical
areas;
(B) limited access to advanced placement
courses;
(C) low rates of satisfactory performance on
assessment instruments under Subchapter B, Chapter 39; and
(D) high dropout rates;
(3) the district's or school's readiness to
incorporate technology into its classrooms;
(4) the possibility of obtaining a trained
technology support staff and high-speed Internet services for the
district or school; and
(5) the methods the district or school will use to
measure the progress of the pilot project in the district or school
in accordance with Section 32.155(e).
(c) The agency shall if possible select at least five
schools to participate in the pilot project. At least one pilot
project should include students in grades 6-12. The agency may
select at least one entire school district and at least one entire
school in a second district to participate in the pilot project.
Added by Acts 2003, 78th Leg., ch. 834, § 1, eff. June 20, 2003.
§ 32.155. COMMUNITY EDUCATIONAL PIPELINE PROGRESS
TEAM.
Text of section effective until August 31, 2007
(a) Each participating school district or school shall
establish a community educational pipeline progress team to assist
in developing and implementing the technology immersion pilot
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 pilot 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
pilot project; and
(2) the technological and nontechnological
resources that are necessary to ensure the successful
implementation of the pilot project.
(d) The team shall recommend to the board of trustees how
the pilot 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 pilot project funds to the board.
(e) The board of trustees of each district participating
in the pilot 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 pilot project. The report must state in detail
the type of plan being used in the district or school and the effect
of the pilot project on the district or school, including:
(1) the academic progress of students who are
participating in a pilot 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 pilot project
as compared with student progress in the schools or classrooms in
the district that are not participating in the pilot project;
(3) any elements of the pilot 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, § 1, eff. June 20, 2003.
§ 32.156. COMPUTER RETENTION.
Text of section effective until August 31, 2007
Each student participating in the pilot project may retain
the wireless mobile computing device provided under the pilot
project as long as the student is enrolled in a school in a
participating school district. The student may retain the wireless
mobile computing device after the expiration of the pilot project.
Added by Acts 2003, 78th Leg., ch. 834, § 1, eff. June 20, 2003.
§ 32.157. PILOT PROJECT EVALUATION; EXPIRATION.
Text of section effective until August 31, 2007
(a) After the expiration of the three-year pilot project,
the agency may review the pilot 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 pilot
project in the comprehensive annual report required under Section
39.182 that covers the 2006-2007 school year.
(b) This subchapter expires August 31, 2007.
Added by Acts 2003, 78th Leg., ch. 834, § 1, eff. June 20, 2003.
SUBCHAPTER D. EDUCATION INTERNET PORTAL
Subchapter D, Education Internet Portal, consisting of Secs.
32.151 to 32.163, was added by Acts 2003, 78th Leg., Ch. 1216, §
16.
For Subchapter D, Internet Access, consisting of Secs. 32.151
to 32.152, added by Acts 2003, 78th Leg., Ch. 188, § 1, see §
32.151 et seq., ante.
For Subchapter D, Technology Immersion Pilot Project,
consisting of Secs. 32.151 to 32.157, added by Acts 2003, 78th Leg.,
Ch. 834, § 1, see § 32.151 et seq., ante.
§ 32.151. DEFINITION. In this subchapter,
"portal" means the education Internet portal required by this
subchapter.
Added by Acts 2003, 78th Leg., ch. 1216, § 16, eff. June 20,
2003.
§ 32.152. 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. 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;
(4) provide secure access to student assessment
data; or
(5) provide links to appropriate educational
resources and experts available through the Internet.
Added by Acts 2003, 78th Leg., ch. 1216, § 16, eff. June 20,
2003.
§ 32.153. 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 joint advisory committee established under
Section 61.077, or any successor to that committee with advisory
responsibility for coordination between secondary and
postsecondary education, 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, § 16, eff. June 20,
2003.
§ 32.154. 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, § 16, eff. June 20,
2003.
§ 32.155. 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, § 16, eff. June 20,
2003.
§ 32.156. 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, § 16, eff. June 20,
2003.
§ 32.157. 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, § 16, eff. June 20,
2003.
§ 32.158. STUDENT ASSESSMENT DATA. (a) The
agency may establish a secure, interoperable system to be
implemented through the portal under which school districts can
readily access student assessment data for use in developing
strategies for improving student performance.
(b) In establishing the system required by this section,
the agency shall seek to further the goal of providing school
districts with access to student performance information at the
classroom level.
Added by Acts 2003, 78th Leg., ch. 1216, § 16, eff. June 20,
2003.
§ 32.159. 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, § 16, eff. June 20,
2003.
§ 32.160. 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, § 16, eff. June 20,
2003.
§ 32.161. 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 32.160(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, § 16, eff. June 20,
2003.
§ 32.162. 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, § 16, eff. June 20,
2003.
§ 32.163. 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, § 16, eff. June 20,
2003.
