1. (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.
2. (b) The commissioner shall determine the amount of the allotment for Texas Juvenile Justice Department facilities.
3. (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.
4. (d) The amount of the allotments determined by the commissioner in this section is final and may not be appealed.

5. (e) Allotment funds may be used to pay for:

   1. (1) any approved uses outlined in Texas Education Code (TEC), §31.0211(c);
   2. (2) formats of instructional materials that are fully accessible to students with disabilities;
   3. (3) activities related to the local review and adoption of instructional materials;
   4. (4) software for analyzing the use and effectiveness of instructional materials;
   5. (5) software for analyzing the appropriateness of instructional materials necessary for the teaching of, instruction in, or demonstration of knowledge of the essential knowledge and skills adopted under TEC, §28.002; and
   6. (6) costs associated with complying with TEC, §33.023, relating to parental access to library catalog and access by the parent's child to certain library materials.

6. (f) Allotment funds may not be used to pay for:

   1. (1) services for installation;
   2. (2) the physical conduit that transmits data, such as cabling and wiring, or electricity;
   3. (3) office and school supplies;
   4. (4) items that are not directly related to student instruction, such as furniture, athletic equipment, extension cords, temporary contractors, or video surveillance equipment;
   5. (5) travel expenses;
   6. (6) equipment used for moving or storing instructional materials;
   7. (7) instructional material that contains obscene or harmful content or would otherwise cause the school district to which the funds were allotted to be unable to submit the certification required under TEC, §31.11011(a)(1)(B); or
   8. (8) instructional material that incorporates three-cueing in the phonics curriculum required under TEC, Chapter 28.
7. (g) 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.

8. (h) A school district or an open-enrollment charter school may access its allotment funds for an upcoming school year after submitting to the commissioner:

   1. (1) certification that 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, §31.1011;
   2. (2) certification that the school district or open-enrollment charter school has used its allotment for only the allowable expenditures provided in subsection (e) of this section; and
   3. (3) information regarding the instructional materials used by the district during the previous school year, including the cost of each material as required by TEC, §31.1012.
9. (i) Upon completion of the requirements listed in subsection (h) 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.
10. (j) Information required in the state ordering system may include verification of TEKS coverage for certain disbursement requests.

Source Note:The provisions of this §67.1001 adopted to be effective June 8, 2025, 50 TexReg 3244; amended to be effective December 7, 2025, 50 TexReg 7724.