(a) The commissioner of education shall determine the amount of the instructional materials and technology allotment for a school district or an open-enrollment charter school based on Texas Student Data System Public Education Information Management System (TSDS PEIMS) student enrollment data from the fall snapshot collection of the school year preceding the first year of each biennium.

(b) The commissioner shall determine the amount of the allotment for Texas Juvenile Justice Department facilities.

(c) The commissioner shall determine the amount of the allotment for bilingual education based on TSDS PEIMS bilingual enrollment data from the fall collection of the school year preceding the first year of each biennium.

(d) The amount of the allotment determined by the commissioner is final and may not be appealed.

(e) Each school district's or open-enrollment charter school's allotment funds must be expended according to the following priorities established in Texas Education Code (TEC), §31.0211:

(1) first, instructional materials necessary to permit the school district or open-enrollment charter school to certify that the school district or open-enrollment charter school has instructional materials that cover all elements of the essential knowledge and skills of the required curriculum, other than physical education, for each grade level as required by TEC, §28.002; and

(2) then, any other instructional materials or allowed technological equipment.

(f) Maintaining the priorities provided in subsection (e) of this section, the allotment funds may be used to pay for:

(1) instructional materials on the list adopted by the commissioner under TEC, §31.0231;

(2) instructional materials on the list adopted by the State Board of Education under TEC, §31.024;

(3) non-adopted instructional materials;

(4) consumable instructional materials;

(5) instructional materials for use in bilingual education classes, as provided by TEC, §31.029;

(6) versions of non-adopted instructional materials that are fully accessible to students with disabilities;

(7) instructional materials for use in college preparatory courses under TEC, §28.014, as provided by TEC, §31.031;

(8) supplemental instructional materials, as provided by TEC, §31.035;

(9) state-developed open-source instructional materials, as provided by TEC, Chapter 31, Subchapter B-1;

(10) instructional materials and technological equipment under any continuing contracts of the school district or open-enrollment charter school in effect on September 1, 2011;

(11) activities related to the local review and adoption of instructional materials;

(12) technological equipment that contributes to student learning, including equipment that supports the use of instructional materials;

(13) training educational personnel directly involved in student learning in the appropriate use of instructional materials;

(14) providing access to technological equipment for instructional use;

(15) the salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning;

(16) inventory software or systems for storing, managing, and accessing instructional materials;

(17) software for analyzing the use and effectiveness of instructional materials;

(18) services, equipment, and technology infrastructure necessary to ensure internet connectivity and adequate bandwidth;

(19) costs associated with distance learning, including services, equipment, and technology such as Wi-Fi, internet access hotspots, wireless network service, broadband service, and other services and technological equipment to ensure internet access; and

(20) training for personnel in the electronic administration of assessment instruments.

(g) The allotment funds may not be used to pay for:

(1) services for installation;

(2) the physical conduit that transmits data such as cabling and wiring or electricity, except to the extent allotment funds are necessary to pay for allowable expenses under subsection (f)(18) and (19) of this section;

(3) office and school supplies;

(4) items that are not directly related to student instruction such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;

(5) travel expenses; or

(6) equipment used for moving or storing instructional materials.

(h) The allotments for each biennium will be made available for school district and open-enrollment charter school use through the state's online instructional materials ordering system as early as possible in the fiscal year preceding the beginning of the biennium for which the funds have been appropriated.

(i) A school district or an open-enrollment charter school may access its allotment funds for any upcoming school year upon completion of all of the following:

(1) submission to the commissioner certification that: (A) the school district or open-enrollment charter school has instructional materials that cover all the required Texas Essential Knowledge and Skills (TEKS), except those for physical education, as required by TEC, §31.004; and (B) the school district or open-enrollment charter school has used its allotment for only the allowable expenditures provided in subsection (f) of this section; and

(2) preparation by Texas Education Agency of the state ordering system for the new school year with the new allotment amounts.

(j) Upon completion of the requirements listed in subsection (i) of this section, school districts and open-enrollment charter schools may access their allotment funds by correctly providing all the information required in the state ordering system.

(k) Information required in the state ordering system may include verification of TEKS coverage for certain disbursement requests.

(l) In purchasing technological equipment under this section, school districts and open-enrollment charter schools shall:

(1) secure technological solutions that meet the varying and unique needs of students and teachers in their respective districts and charter schools; and

(2) consider both the long-term cost of ownership of the technological equipment and flexibility for innovation.

Source Note: The provisions of this §66.1307 adopted to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 12, 2014, 39 TexReg 3704; amended to be effective May 8, 2017, 42 TexReg 2405; amended to be effective February 6, 2020, 45 TexRg 892; amended to be effective June 7, 2022, 47 TexReg 3248