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A BILL TO BE ENTITLED
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AN ACT
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relating to virtual and off-campus electronic instruction at a |
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public school, the satisfaction of teacher certification |
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requirements through an internship teaching certain virtual |
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courses, and the allotment for certain special-purpose school |
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districts under the Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.051, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Rules proposed by the board under Section 21.044(a) or |
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this section may allow a candidate to satisfy certification |
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requirements through an internship that provides the candidate |
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employment as a teacher for courses offered through a local remote |
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learning program under Section 29.9091 or the state virtual school |
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network under Chapter 30A. This subsection expires September 1, |
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2027. |
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SECTION 2. Section 25.092, Education Code, is amended by |
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adding Subsection (a-4) to read as follows: |
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(a-4) A school district or open-enrollment charter school |
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may adopt a policy to exempt students from the requirements of this |
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section for one or more courses identified in the policy that are |
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offered under a local remote learning program under Section |
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29.9091. This subsection expires September 1, 2027. |
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SECTION 3. Subchapter Z, Chapter 29, Education Code, is |
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amended by adding Section 29.9091 to read as follows: |
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Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) A school |
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district or open-enrollment charter school assigned an overall |
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performance rating of C or higher under Section 39.054 for the |
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preceding school year or the most recent school year in which a |
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performance rating was assigned may operate a local remote learning |
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program to offer virtual courses outside the state virtual school |
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network under Chapter 30A to eligible students. |
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(b) A school district or open-enrollment charter school |
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that operates a full-time local remote learning program must: |
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(1) include in the program: |
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(A) at least one grade level in which an |
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assessment instrument is required to be administered under Section |
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39.023(a), including each subject for which an assessment |
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instrument is required; or |
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(B) a complete high school program, including |
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each course for which an end-of-course assessment instrument is |
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required to be administered under Section 39.023(c); and |
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(2) offer the option for a student's parent or person |
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standing in parental relation to select in-person instruction for |
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the student. |
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(c) A virtual course offered under a local remote learning |
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program: |
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(1) may be provided through synchronous instruction, |
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asynchronous instruction, or a combination of synchronous and |
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asynchronous instruction; and |
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(2) may be provided in combination with in-person |
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instruction as appropriate to meet the needs of individual |
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students. |
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(d) A student is eligible to enroll in a virtual course |
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offered under a local remote learning program if the student: |
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(1) is enrolled in a school district or |
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open-enrollment charter school; |
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(2) has reasonable access to in-person services for |
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the course at a district or school facility; and |
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(3) meets any additional criteria, including minimum |
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academic standards, established by the school district or |
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open-enrollment charter school in which the student is enrolled. |
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(e) A school district or open-enrollment charter school |
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that operates a local remote learning program: |
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(1) shall periodically assess the performance of |
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students enrolled in virtual courses under the program; and |
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(2) subject to Subsection (f), may remove a student |
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from virtual courses under the program and return the student to |
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in-person instruction if the district or school determines that the |
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student does not meet the criteria described by Subsection (d). |
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(f) A school district or open-enrollment charter school may |
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remove a student from virtual courses under Subsection (e)(2) only |
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if the district or school establishes a process to ensure that each |
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student and the student's parent or person standing in parental |
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relation have sufficient notice and opportunity to provide input |
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before the student is removed from those courses. |
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(g) A school district or open-enrollment charter school may |
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contract with another school district or open-enrollment charter |
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school to allow a student enrolled in the sending district or school |
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to enroll in virtual courses offered under the local remote |
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learning program of the receiving district or school. A student |
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enrolled in virtual courses under an agreement described by this |
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subsection is considered enrolled in the sending district or school |
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for purposes of average daily attendance and accountability under |
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Chapters 39 and 39A. |
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(h) An assessment instrument administered under Section |
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39.023 or 39.025 to a student enrolled in a virtual course offered |
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under a local remote learning program shall be administered to the |
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student in the same manner in which the assessment instrument is |
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administered to other school district or open-enrollment charter |
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school students. |
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(i) If a school district or open-enrollment charter school |
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offers virtual courses under a local remote learning program for |
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students receiving special education services, the courses must |
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meet the needs of a participating student in a manner consistent |
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with Subchapter A of this chapter and with federal law, including |
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the Individuals with Disabilities Education Act (20 U.S.C. Section |
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1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794). |
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(j) A teacher may not provide instruction for a virtual |
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course offered under a full-time local remote learning program |
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unless the teacher has completed a professional development course |
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on virtual instruction. |
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(k) A school district or open-enrollment charter school may |
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not require a teacher to provide both virtual instruction and |
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in-person instruction for a course during the same class period. |
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(l) A student enrolled in a virtual course offered under a |
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local remote learning program may participate in an extracurricular |
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activity sponsored or sanctioned by the school district or |
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open-enrollment charter school in which the student is enrolled or |
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by the University Interscholastic League in the same manner as |
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other district or school students. |
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(m) A student enrolled in a virtual course offered under a |
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local remote learning program shall be counted toward the school |
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district's or open-enrollment charter school's average daily |
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attendance in the same manner as other district or school students. |
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The commissioner shall adopt rules providing for a method of taking |
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attendance, once each school day, for students enrolled in a |
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virtual course offered under a local remote learning program. |
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(n) Chapter 30A does not apply to a virtual course offered |
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under a local remote learning program. |
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(o) This section does not prohibit a student enrolled in a |
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school district or open-enrollment charter school that operates a |
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local remote learning program from enrolling in courses offered |
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through the state virtual school network under Chapter 30A. |
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(p) In evaluating under Chapter 39 the performance of a |
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school district or open-enrollment charter school that operates a |
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full-time local remote learning program, the commissioner shall |
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evaluate the performance of students enrolled in the program |
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separately from other district or school students. |
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(q) A school district or open-enrollment charter school |
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that operates a local remote learning program may not enroll in the |
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program a number of students that exceeds 10 percent of the total |
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number of students enrolled in the district or school during the |
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2021-2022 school year. The commissioner may waive this subsection: |
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(1) on application by a school district or |
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open-enrollment charter school; or |
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(2) in response to a public health emergency. |
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(r) This section expires September 1, 2027. |
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SECTION 4. Section 39.301, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) In addition to the indicators described by Subsection |
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(c), the indicators for reporting purposes must include, for each |
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school district and campus, the performance of students who spend |
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at least half of the students' instructional time in virtual |
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courses offered under a local remote learning program under Section |
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29.9091. This subsection expires September 1, 2027. |
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SECTION 5. Section 48.005, Education Code, is amended by |
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amending Subsection (h) and adding Subsections (m-1) and (m-2) to |
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read as follows: |
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(h) Subject to rules adopted by the commissioner under |
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Section 48.007(b), time that a student participates in an |
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off-campus instructional program approved under Section 48.007(a) |
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or a course or program provided under Section 48.007(c) shall be |
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counted as part of the minimum number of instructional hours |
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required for a student to be considered a full-time student in |
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average daily attendance for purposes of this section. |
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(m-1) This subsection applies only to a dropout recovery |
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school or program operating under Section 12.1141(c) or 39.0548 |
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that is provided as a local remote learning program under Section |
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29.9091. For a dropout recovery school or program to which this |
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subsection applies, the commissioner shall establish an |
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asynchronous progression funding method for determining average |
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daily attendance based on full and partial semester course |
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completion. |
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(m-2) Subsection (m-1) and this subsection expire September |
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1, 2027. |
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SECTION 6. The heading to Section 48.007, Education Code, |
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is amended to read as follows: |
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Sec. 48.007. OFF-CAMPUS COURSES OR PROGRAMS COUNTED |
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[APPROVED] FOR PURPOSES OF AVERAGE DAILY ATTENDANCE. |
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SECTION 7. Section 48.007, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(b) The commissioner shall adopt by rule verification and |
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reporting procedures to report student participation [concerning |
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time spent by students participating] in instructional programs |
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approved under Subsection (a) or courses or programs provided under |
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Subsection (c). |
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(c) A school district or open-enrollment charter school may |
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provide one or more off-campus electronic courses, an off-campus |
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electronic program, or an instructional program that combines |
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in-person instruction and off-campus electronic instruction to |
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students enrolled in the district or school who have reasonable |
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access to in-person services at a district or school facility. |
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Off-campus electronic instruction for a course or program provided |
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under this subsection may be provided synchronously or |
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asynchronously. A student enrolled in a course or program provided |
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under this subsection shall be counted toward the district's or |
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school's average daily attendance in the same manner as other |
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district or school students. In adopting rules under Subsection |
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(b), the commissioner shall provide for a method of taking |
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attendance, once each school day, for students enrolled in a course |
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or program provided under this subsection. |
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(d) A school district or open-enrollment charter school |
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that operated during the 2020-2021 school year a full-time virtual |
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program outside the state virtual network under Chapter 30A may: |
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(1) continue to operate the virtual program on a |
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full-time basis; |
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(2) apply the same enrollment and transfer criteria |
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used during the 2020-2021 school year; and |
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(3) offer the program to students in any grade level or |
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combination of grade levels from kindergarten through grade 12 as |
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long as the program includes at least one grade level for which an |
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assessment instrument is administered under Section 39.023. |
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(e) Subsection (d) and this subsection expire September 1, |
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2027. |
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SECTION 8. Section 48.053, Education Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) This subsection applies only to a special-purpose |
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district described by Subsection (a) that existed before September |
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1, 2019. For a district to which this subsection applies, the |
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commissioner shall establish an asynchronous progression funding |
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method that may be used to determine the amount of the district's |
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entitlement under Subsection (b) based on full and partial semester |
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course completion. |
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(b-2) Subsection (b-1) and this subsection expire September |
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1, 2027. |
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SECTION 9. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
|
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If this Act does not receive the vote necessary for immediate |
|
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |
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* * * * * |