1. (a) The commissioner of education shall determine the amount of the additional state aid for open education resource (OER) instructional materials 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 current school year.
2. (b) Before TSDS PEIMS student enrollment data from the fall snapshot collection of the current school year is available, a school district or an open-enrollment charter school will have an expected allotment amount that is based on 90% of the TSDS PEIMS student enrollment data from the fall snapshot collection of the previous school year.
3. (c) The Texas School for the Blind and Visually Impaired and the Texas School for the Deaf qualify for this funding under TEC, §30.025 and §30.056, respectively, for funding purposes under TEC, §48.308.
4. (d) Special purpose school districts authorized by the State Board of Education (SBOE) qualify for this funding. Texas Tech University K-12 and The University of Texas at Austin High School qualify for this funding under TEC, §48.308, for all free public education students. The University of Texas at Rio Grande Valley qualifies under TEC, §79.10(f). Texas A&M International University qualifies for this funding under TEC, §87.505(g). Lamar University qualifies for this funding under TEC, §96.707(k). The University of North Texas qualifies for this funding under TEC, §101.301(e)(3).
5. (e) Windham School District qualifies for this funding under TEC, §19.007(b) and (e), for funding purposes under TEC, §48.308.
6. (f) The Texas Juvenile Justice Department (TJJD) and juvenile justice alternative education programs operated by TJJD do not qualify for this funding under TEC, §48.308.
7. (g) Funds may only be used for the costs incurred or for which the district is obligated to pay during the school year in which the aid is provided.
8. (h) Requisitions for funding must be submitted in the online requisition and disbursement system required in TEC, §31.0212(e), before August 31 of the fiscal year in which the aid is provided.
9. (i) The entitlements for each year 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 for which the funds have been appropriated.
10. (j) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section per TEC, §31.0125(e).

11. (k) The additional state aid for OER instructional materials outlined in TEC, §48.308, may be used to purchase:

    1. (1) OER instructional material made available under TEC, Chapter 31, Subchapter B-1, and placed on the list of approved materials outlined in TEC, §31.022, including any non-text components of the approved product, such as manipulative kits; and
    2. (2) OER instructional material components made available under TEC, Chapter 31, Subchapter B-1, and placed on the list of approved materials outlined in TEC, §31.022, only after an initial purchase of all components of the product.

12. (l) The additional state aid for OER instructional materials outlined in TEC, §48.308, may not be used to purchase or reimburse for:

    1. (1) instructional material or material components not on the list of approved instructional materials as outlined in TEC, §31.022;
    2. (2) instructional material placed on the rejected list of instructional materials;
    3. (3) instructional material that promotes three-cueing as defined in TEC, §28.0062(a-1); or
    4. (4) printing of SBOE-approved OER material, which may be otherwise procured through a requisition in EMAT.
13. (m) The commissioner may grant a waiver under TEC, §7.056, to exempt a school district or an open-enrollment charter school from an initial purchase of each component of an approved product outlined in subsection (k)(2) of this section if the district or charter school can demonstrate that it already possesses an identical or near-identical component for each student and/or teacher as indicated by the product design.

Source Note:The provisions of this §67.1004 adopted to be effective June 8, 2025, 50 TexReg 3244.