CHAPTER 32. COMPUTERS AND COMPUTER-RELATED EQUIPMENT - Texas Statutes

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.