By Shapleigh                                           S.B. No. 975
         77R8402 BDH-D                           
                                A BILL TO BE ENTITLED
 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:
 2-1                 (1)  number of at-risk students, as determined by the
 2-2     commissioner; or
 2-3                 (2)  dropout rate.
 2-4           (d)  A school district seeking to participate in the program
 2-5     must submit a written application to the commissioner not later
 2-6     than January 1 preceding the school year the district proposes to
 2-7     participate in the program, or an earlier date set by the
 2-8     commissioner.  The application must include:
 2-9                 (1)  a proposed budget for the program;
2-10                 (2)  a method to be used to verify student attendance;
2-11                 (3)  an accountability plan;
2-12                 (4)  a description of each electronic course to be
2-13     offered by the district;
2-14                 (5)  a description of the students expected to be
2-15     enrolled in each electronic course;
2-16                 (6)  any requested waiver of a requirement,
2-17     restriction, or prohibition imposed by this code or by a rule of
2-18     the State Board of Education or the commissioner; and
2-19                 (7)  the period for which any requested waiver under
2-20     Subdivision (6) is proposed to be in effect.
2-21           (e)  The commissioner may waive any requirement, restriction,
2-22     or prohibition imposed by this code relating to the computation of
2-23     daily attendance to the extent necessary to implement a program
2-24     under this section.
2-25           (f)  The commissioner may cooperate with the comptroller, the
2-26     Department of Information Resources, or any other state agency or
2-27     commission in adopting technical standards for auditing or
 3-1     verifying student attendance in an electronic course.
 3-2           (g)  Not later than December 1, 2002, the commissioner shall
 3-3     submit a report to the lieutenant governor and the speaker of the
 3-4     house of representatives.  The report must include:
 3-5                 (1)  proposed methods for funding electronic courses,
 3-6     including the fiscal costs or benefits of each method;
 3-7                 (2)  available methods of verifying student attendance
 3-8     in an electronic course, including biometric attendance methods;
 3-9                 (3)  any security or privacy issues involved in
3-10     providing an electronic course;
3-11                 (4)  the educational benefits of an electronic course;
3-12                 (5)  a list of any waiver requests submitted to the
3-13     commissioner by school districts under Subsection (d)(6); and
3-14                 (6)  a list of any provisions waived by the
3-15     commissioner in the implementation of a program under this section.
3-16           (h)  This section expires September 1, 2003.
3-17           SECTION 2. Not later than May 1, 2002, the commissioner of
3-18     education shall implement the program required by Section 29.903,
3-19     Education Code, as added by this Act.
3-20           SECTION 3.  This Act takes effect immediately if it receives
3-21     a vote of two-thirds of all the members elected to each house, as
3-22     provided by Section 39, Article III, Texas Constitution.  If this
3-23     Act does not receive the vote necessary for immediate effect, this
3-24     Act takes effect September 1, 2001.