(a) The provisions of §§128.34-128.36 of this subchapter shall be implemented by school districts.
(b) No later than August 31, 2019, the commissioner of education shall determine whether instructional materials funding has been made available to Texas public schools for materials that cover the essential knowledge and skills for English as a Second Language as adopted in §§128.34-128.36 of this subchapter.
(c) If the commissioner makes the determination that instructional materials funding has been made available under subsection (b) of this section, §§128.34-128.36 of this subchapter shall be implemented beginning with the 2020-2021 school year and apply to the 2020-2021 and subsequent school years.
(d) If the commissioner does not make the determination that instructional materials funding has been made available under subsection (b) of this section, the commissioner shall determine no later than August 31 of each subsequent school year whether instructional materials funding has been made available. If the commissioner determines that instructional materials funding has been made available, the commissioner shall notify the State Board of Education and school districts that §§128.34-128.36 of this subchapter shall be implemented for the following school year.
(e) Section 128.31 and §128.32 of this subchapter shall be superseded by the implementation of §§128.34-128.36 of this section.

Source Note: The provisions of this §128.33 adopted to be effective November 12, 2017, 42 TexReg 6164