78R6380 BDH-D
By: Grusendorf H.B. No. 2218
A BILL TO BE ENTITLED
AN ACT
relating to a public school district virtual campus contract
charter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Education Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. SCHOOL DISTRICT VIRTUAL CAMPUS CONTRACT CHARTER
Sec. 12.201. DEFINITIONS. In this subchapter:
(1) "Board of trustees" means the board of trustees of
a school district or the governing body of a home-rule school
district.
(2) "Contract charter" means a contract for
educational services granted by a board of trustees under this
subchapter.
(3) "Virtual campus" means a program described by this
subchapter for which a contract charter is granted and in which the
teacher and student are in different locations for at least a
majority of the student's instructional time.
Sec. 12.202. AUTHORIZATION. The board of trustees may grant
a contract charter for the establishment of a virtual campus.
Sec. 12.203. AUTHORITY UNDER CONTRACT CHARTER. (a) A board
of trustees may grant a contract charter that specifically exempts
a virtual campus from the instructional and academic rules and
policies of the board.
(b) A virtual campus may continue to operate only if
students enrolled in the virtual campus perform satisfactorily, as
provided by the contract charter.
Sec. 12.204. APPLICABILITY OF CERTAIN LAWS AND RULES. A
virtual campus is subject to federal and state laws and rules
governing public schools, except that the virtual campus is subject
to this code and rules adopted under this code only to the extent
the applicability to a virtual campus of a provision of this code or
a rule adopted under this code is specifically provided.
Sec. 12.205. APPLICABILITY OF TITLE. (a) A virtual campus
has the powers granted to schools under this title.
(b) A virtual campus is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) extracurricular activities under Section
33.081; and
(D) public school accountability under Chapter
39.
Sec. 12.206. STATUS AND FUNDING. (a) A school district is
entitled to receive federal, state, and local funding for a student
enrolled in a virtual campus in an amount equal to the funding the
district is otherwise entitled to receive for a student enrolled in
the district.
(b) A school district may calculate the average daily
attendance of a student enrolled in a virtual campus based on:
(1) hours of contact with the student; or
(2) the student's successful completion of a course.
(c) The commissioner shall adopt rules necessary to
administer this section.
Sec. 12.207. CONTENT. Each contract charter granted under
this subchapter must:
(1) describe the virtual campus educational program to
be offered, which may be general or specialized;
(2) provide that continuation of the contract charter
is contingent on satisfactory student performance under Subchapter
B, Chapter 39, and on compliance with other applicable
accountability provisions under Chapter 39;
(3) specify any basis, in addition to a basis
specified by this subchapter, on which the contract charter may be
placed on probation or revoked;
(4) prohibit discrimination in admission on the basis
of national origin, ethnicity, race, religion, or disability;
(5) describe the governing structure of the virtual
campus;
(6) specify any procedure or requirement, in addition
to those under Chapter 38, that the virtual campus will follow to
ensure the health and safety of students and employees; and
(7) describe the manner in which an annual audit of
financial and programmatic operations of the virtual campus is to
be conducted, including the manner in which the virtual campus will
provide information necessary for the school district in which it
is located to participate, as required by this code or by State
Board of Education rule, in the Public Education Information
Management System (PEIMS).
Sec. 12.208. FORM. A contract charter must be in the form
and substance of a written contract signed by the presiding officer
of the board of trustees granting the contract charter and the chief
operating officer of the virtual campus.
Sec. 12.209. CONTRACT CHARTER GRANTED. Each contract
charter a board of trustees grants under this subchapter must:
(1) satisfy this subchapter;
(2) include the information that is required under
Section 12.207 consistent with the information provided in the
application and any modification the board requires; and
(3) require that the virtual campus governed by the
contract charter annually provide the agency information for use
under Section 12.214.
Sec. 12.210. REVISION. A contract charter granted under
this subchapter may be revised with the approval of:
(1) the board of trustees that granted the charter;
and
(2) the chief operating officer of the virtual campus.
Sec. 12.211. BASIS FOR PLACEMENT ON PROBATION OR
REVOCATION. (a) A board of trustees may place on probation or revoke
a contract charter it grants if the board determines that the
virtual campus governed by the contract charter:
(1) committed a material violation of the contract
charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter, another
law, or a state agency rule.
(b) The action the board takes under Subsection (a) must be
based on the best interest of students enrolled in the virtual
campus, the severity of the violation, and any previous violation
the virtual campus has committed.
Sec. 12.212. PROCEDURE FOR PLACEMENT ON PROBATION OR
REVOCATION. (a) Each board of trustees that grants a contract
charter under this subchapter shall adopt a procedure to be used for
placing on probation or revoking a charter it grants.
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the virtual campus and to parents
and guardians of students at the campus.
Sec. 12.213. ADMISSION. (a) Eligibility criteria for
admission of students to a virtual campus may give priority on the
basis of a student's age, grade level, or academic credentials in
general or in a specific area, as necessary for the type of program
offered.
(b) The virtual campus may require an applicant to submit an
application not later than a reasonable deadline the campus
establishes.
Sec. 12.214. INFORMED CHOICE. (a) The agency shall create
and maintain on its Internet website a list of:
(1) each provider of a virtual campus;
(2) each school district in which the virtual campus
operates; and
(3) the information contained in each report submitted
under Subsection (b).
(b) The provider of a virtual campus shall annually, not
later than a deadline established by the school district that
granted the contract charter, submit to the district and the agency
a report under this subsection. The report must include a
description of:
(1) all contract charter information required under
Section 12.207;
(2) each course of instruction offered to students in
the virtual campus program, including the number of lessons, the
expected duration of each lesson, and a description of each lesson
that requires use of a computer;
(3) all materials required for each course offered in
the program;
(4) the process used to ensure that each course meets
the essential knowledge and skills requirements under Subchapter A,
Chapter 28, including any consultation with a state or district
curriculum specialist;
(5) the process used to place students in the
appropriate academic levels of the program, including:
(A) sample placement evaluations;
(B) information related to each person
responsible for placement of a student;
(C) the circumstances in which a student may be
placed in different academic levels for different course subjects
during a school year;
(D) the circumstances in which a student may
complete more than one course level during a school year; and
(E) any fees required for changing academic
levels during a school year or completing more than one academic
level during the year;
(6) any technology provided by the program to each
student enrolled in the program, including any computer, computer
software, or Internet access;
(7) the method used to report attendance in the
program;
(8) the method used to authenticate student course
work;
(9) the location and content of each scheduled meeting
between parents or guardians of students enrolled in the program
and teachers or other school officials, and the method used to
notify parents and guardians of the time and location of each
meeting;
(10) the virtual campus policies relating to:
(A) computer security and privacy; and
(B) truancy, absences, discipline, withdrawal,
and expulsion of students;
(11) any extracurricular activities provided by the
virtual campus, including activities held on another campus in the
school district;
(12) the teaching model used by the virtual campus,
including:
(A) each teacher's responsibilities;
(B) minimum teacher qualifications;
(C) minimum hours of training provided to
teachers;
(D) average and maximum student/teacher ratios;
(E) hours of teacher availability; and
(F) for each grade level, minimum and expected
amounts of contact between teachers and parents and between
teachers and students;
(13) any academic services that the virtual campus
expects a student's parent or guardian to provide to the student;
(14) each standardized assessment instrument, in
addition to any assessment instrument required under Chapter 39,
that the student is required to complete during the school year and,
if available, the location for administration of the instrument;
(15) a summary of the results of each assessment
instrument administered to students in the program during the
school year preceding the year the report is submitted; and
(16) the school year calendar for the program,
including any options for continued participation outside of the
standard school district calendar.
SECTION 2. Section 12.002, Education Code, is amended to
read as follows:
Sec. 12.002. CLASSES OF CHARTER. The classes of charter
under this chapter are:
(1) a home-rule school district charter as provided by
Subchapter B;
(2) a campus or campus program charter as provided by
Subchapter C; [or]
(3) an open-enrollment charter as provided by
Subchapter D;
(4) a college or university charter as provided by
Subchapter E; or
(5) a school district virtual campus or program
contract charter as provided by Subchapter F.
SECTION 3. This Act takes effect September 1, 2003.