Sale or Disposal of Instructional Materials or Technological Equipment

Word version

The 82nd Texas Legislature made significant changes to Chapter 31 of the Texas Education Code (TEC), including the transfer of ownership of instructional materials from the state to the local district. Section 31.105(c), states that the board of trustees of a school district or governing body of an open-enrolled charter school may sell or dispose printed instructional materials before the date the instructional materials are discontinued for use in the public schools by the State Board of Education if the board of trustees or governing body determines that the instructional materials are not needed by the district or school.

Prior to the sale or disposal of instructional materials, the Local Board of Trustees or governing body must determine if they reasonably expect that these materials will not be needed for several years. The superintendent must also take into consideration the requirement to certify that students have access to instructional materials that cover 100% of the TEKS to ensure students have the opportunity to learn the required curriculum.  All worn-out materials may be sold for recycling when the district declares them unsuitable for student use; however, they may also be sold to a reseller that will re-bind the worn-out materials and make them suitable for classroom use.

Funds received by the district or school from the sale or disposal of instructional materials must be used to purchase instructional materials and/or technological equipment allowed under Section 31.0211. Inventory adjustments must be submitted to TEA for all instructional materials sold or disposed of by the district or open-enrollment charter school. The instructions requesting permission from the Commissioner of Education for the sale or disposal of instructional materials can be found at:

For further assistance, please contact the Instructional Materials and Educational Technology division at: or (512)463-9601.


Anita Givens
Associate Commissioner
Standards and Programs