SECTION 66.1312. Delayed Publisher Payment Option

(a) A school district or an open-enrollment charter school may requisition and receive state-adopted instructional materials before instructional materials and technology allotment funds for those materials are available.

(b) The total cost of delayed-payment-option materials requisitioned by a school district or an open-enrollment charter school may not exceed 80% of the district's or charter school's expected allotment for the subsequent biennium.

(c) When a school district or an open-enrollment charter school submits a requisition for instructional materials under this section, the Texas Education Agency (TEA) will expend a district's or charter school's existing allotment balance before applying the delayed payment option.

(d) The TEA will make payment for any remaining balance for a school district's or an open-enrollment charter school's order under this section as the allotment funds become available.

(e) The TEA will prioritize payment for requisitions under this section over reimbursement of purchases made directly by a school district or an open-enrollment charter school.

(f) Publishers may decline orders for which payments could be delayed. A publisher's decision to decline an order under this section shall affect all of that publisher's orders for which payments could be delayed. Publishers may not selectively decline individual orders or orders from individual school districts or open-enrollment charter schools.

(g) Texas Government Code, Chapter 2251, does not apply to requisitions placed under this section.

(h) Texas Education Code, §31.151, does apply to orders placed under this section.

Source Note: The provisions of this §66.1312 adopted to be effective May 8, 2017, 42 TexReg 2405; amended to be effective November 2, 2021, 46 TexReg 7404