State Open Education Resource and Instructional Transparency Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 23, 2026

Task Forces

  • Education and Workforce Development

    • Tags

  • 2026 Annual Meeting

    • Summary

    This Act authorizes a state education agency to develop and maintain high-quality open educational resources aligned to state academic standards. Such resources must be publicly accessible at no cost to students, parents, teachers, and local education agencies. This Act promotes instructional transparency, expands access to academically rigorous materials, supports civic education, and preserves local control over curriculum and instructional decisions.   
    Draft

    State Open Education Resource and Instructional Transparency Act

    Section 1. Short Title.   

    This Act shall be known and may be cited as the “State Open Educational Resources and Instructional Transparency Act.”  

    Section 2. Purpose.   

    It is the intent of the Legislature to:  

    • (A) Expand access to high-quality instructional materials for students, parents, teachers, and local education agencies;  
    • (B) Promote transparency and public access to instructional materials used in public education;  
    • (C) Support the development and availability of instructional materials aligned to state academic standards adopted by the [insert state education authority]; and  
    • (D) Preserve local control over curriculum and instructional decisions.  

    Section 3. Definitions.     

    • (A) “Local education agency” means a school district, charter school, or other public education entity recognized under state law.   
    • (B) “Open educational resources” means instructional materials released under an open license that permits free use, reproduction, adaptation, and distribution.  

    Section 4. State Open Educational Resources.     

    • (A) Subject to legislative appropriation, the [insert state education authority] may develop, acquire, or contract for the development of comprehensive open educational resources aligned to state academic standards.   
    • (B) Open educational resources developed under this Act shall:  
      1. Be aligned to state academic standards;  
      2. Be age and grade-level appropriate;  
      3. Be accessible to students, parents, and educators without charge;  
      4. Comply with applicable accessibility requirements under state and federal law;  
      5. Promote American values and civic understanding; and  
      6. Be free from obscene or harmful material as defined by applicable state law.  
    • (C) The [insert state education authority] may collaborate with teachers, scholars, local education agencies, and other subject-matter experts in the development or review of open educational resources.  
    • (D) Open educational resources developed under this Act may include comprehensive instructional materials and curriculum resources for any grade level or subject area in grades kindergarten through twelve, including:  
      1. Course scopes and sequences;  
      2. Unit-level and lesson-level implementation guides;  
      3. Daily lesson plans;  
      4. Unit-level and lesson-level assessments;  
      5. Text selection guides; and  
      6. Student-facing instructional and assessment materials.  

    Section 5. Public Access and Instructional Transparency.     

    • (A) The [insert state education authority] shall make open educational resources developed under this Act publicly available through a centralized digital platform.  
    • (B) Materials made available under this Act shall be clearly identified as open educational resources and accessible to educators, students, parents, and the public.  
    • (C) The [insert state education authority] may provide instructional guidance, implementation supports, and professional development resources related to materials developed under this Act.  

    Section 6. Intellectual property and licensing.     

    • (A) The state shall retain ownership of instructional materials developed using state funds under this Act.  
    • (B) Open educational resources developed pursuant to this Act shall be released under an open license that permits free public use, adaptation, reproduction, and distribution.  

    Section 7. Local Control.      

    • (A) Nothing in this Act shall be construed to require a local education agency or educator to adopt or use open educational resources developed under this Act.  
    • (B) Local education agencies shall retain authority over curriculum selection, instructional methods, and instructional materials consistent with state and local policy.  
    • (C) A local education agency may adapt, supplement, or customize open educational resources to meet local instructional needs.