Sec. 31.1011. CERTIFICATION OF PROVISION OF INSTRUCTIONAL MATERIALS. (a) Each school district and open-enrollment charter school shall annually certify to the State Board of Education and the commissioner that: (1) for each subject in the required curriculum under Section 28.002 , other than physical education, and each grade level, the district or school: (A) provides each student with instructional materials that cover all elements of the essential knowledge and skills adopted by the State Board of Education for that subject and grade level; and (B) in the provision of instructional materials, protects students from obscene or harmful content as necessary for compliance with: (i) the Children's Internet Protection Act (Pub. L. No. 106-554); (ii) Section 28.0022 ; (iii) Section 43.22 , Penal Code; and (iv) any other law or regulation that protects students from obscene or harmful content; and (2) the district or school used money allocated to the district or school under the instructional materials and technology allotment only for purposes allowed under Section 31.0211 . (b) To determine whether each student has instructional materials that cover all elements of the essential knowledge and skills as required by Subsection (a), a school district or open-enrollment charter school may consider: (1) instructional materials adopted by the State Board of Education; (2) instructional materials developed, purchased, or otherwise acquired by the school district or open-enrollment charter school; and (3) open education resource instructional materials and other electronic instructional materials included in the repository under Section 31.0722 . Transferred, redesignated and amended from Education Code, Section 31.004 by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605 ), Sec. 40, eff. June 13, 2023.
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