1-1 AN ACT 1-2 relating to electronic courses in public schools. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 29, Education Code, is 1-5 amended by adding Section 29.903 to read as follows: 1-6 Sec. 29.903. ELECTRONIC COURSES. (a) In this section, 1-7 "electronic course" means an educational program or course: 1-8 (1) available to students primarily through the 1-9 Internet or other electronic media; and 1-10 (2) in which a student enrolled in the course is not 1-11 physically present in the classroom for all or part of the course. 1-12 (b) The commissioner shall implement a program under which a 1-13 school district may offer an electronic course to students enrolled 1-14 in the district or to students enrolled in another district, as 1-15 provided by an agreement between the districts. A district may not 1-16 require a student to enroll in an electronic course. 1-17 (c) The commissioner shall select school districts to 1-18 participate in the program based on applications submitted by the 1-19 districts. The commissioner may not require a district to 1-20 participate in the program. The commissioner may determine the 1-21 number of districts permitted to participate in the program, 1-22 provided that the commissioner shall to the extent possible permit 1-23 the participation of rural and urban districts with a higher than 1-24 average: 1-25 (1) number of at-risk students, as determined by the 2-1 commissioner; 2-2 (2) dropout rate; or 2-3 (3) population of underserved gifted and talented 2-4 students, as determined by the commissioner. 2-5 (d) A school district seeking to participate in the program 2-6 must submit a written application to the commissioner not later 2-7 than July 1 preceding the school year the district proposes to 2-8 participate in the program, or an earlier date set by the 2-9 commissioner. The application must include: 2-10 (1) a proposed budget for the program; 2-11 (2) a method to be used to verify student attendance; 2-12 (3) an accountability plan; 2-13 (4) a description of each electronic course to be 2-14 offered by the district; 2-15 (5) a description of the students expected to be 2-16 enrolled in each electronic course; 2-17 (6) any requested waiver of a requirement, 2-18 restriction, or prohibition imposed by this code or by a rule of 2-19 the State Board of Education or the commissioner; and 2-20 (7) the period for which any requested waiver under 2-21 Subdivision (6) is proposed to be in effect. 2-22 (e) The commissioner may waive any requirement, restriction, 2-23 or prohibition imposed by this code relating to the computation of 2-24 daily attendance to the extent necessary to implement a program 2-25 under this section. 2-26 (f) The commissioner may cooperate with the comptroller, the 3-1 Department of Information Resources, or any other state agency or 3-2 commission in adopting technical standards for auditing or 3-3 verifying student attendance in an electronic course. 3-4 (g) Not later than December 1, 2002, the commissioner shall 3-5 submit a report to the lieutenant governor and the speaker of the 3-6 house of representatives. The report must include: 3-7 (1) proposed methods for funding electronic courses, 3-8 including the fiscal costs or benefits of each method; 3-9 (2) available methods of verifying student attendance 3-10 in an electronic course, including biometric attendance methods; 3-11 (3) any security or privacy issues involved in 3-12 providing an electronic course; 3-13 (4) the educational benefits of an electronic course; 3-14 (5) a list of any waiver requests submitted to the 3-15 commissioner by school districts under Subsection (d)(6); and 3-16 (6) a list of any provisions waived by the 3-17 commissioner in the implementation of a program under this section. 3-18 (h) This section expires September 1, 2003. 3-19 SECTION 2. Not later than July 1, 2001, the commissioner of 3-20 education shall begin implementation of the program required by 3-21 Section 29.903, Education Code, as added by this Act. 3-22 SECTION 3. This Act takes effect immediately if it receives 3-23 a vote of two-thirds of all the members elected to each house, as 3-24 provided by Section 39, Article III, Texas Constitution. If this 3-25 Act does not receive the vote necessary for immediate effect, this 3-26 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 975 passed the Senate on April 4, 2001, by the following vote: Yeas 29, Nays 0, one present not voting; and that the Senate concurred in House amendments on May 26, 2001, by the following vote: Yeas 30, Nays 0, one present not voting. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 975 passed the House, with amendments, on May 23, 2001, by the following vote: Yeas 136, Nays 0, one present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor