Sec. 31.0721.  REVIEW AND RELEASE OF OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL.  (a)  Except as provided by Subsection (b), open education resource instructional material may not be made available under this subchapter to students, teachers, educators, or other education professionals before being reviewed by the agency under Section 31.023 and included on the list of approved instructional materials maintained by the State Board of Education under Section 31.022.
(b)  The agency may make open education resource instructional material available to a limited number of classroom teachers for a limited time before the material is reviewed by the agency under Section 31.023 and included on the list of approved instructional materials maintained by the State Board of Education under Section 31.022 to assist in developing or testing the quality of the material.  A school district may only use unreviewed material made available under this subsection in a grade level in which the material has not been used previously if:
(1)  the board of trustees of the district approves the use of the unreviewed material; and
(2)   the district provides evidence to the agency showing that classroom teachers support the use of the material.
(c)  Except as provided by Subsection (b), open education resource instructional materials made available under this section may not remain available once amended or modified unless the material as amended or modified is reviewed under Section 31.023 and included on the list of approved instructional materials maintained by the State Board of Education under Section 31.022.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 33, eff. June 13, 2023.