By: Shapiro S.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to a virtual charter school administered by a public
senior college or university.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. AMENDMENTS EFFECTIVE THROUGH AUGUST 31, 2009
SECTION 1.01. 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; or
(4) a college or university charter as provided by
Subchapter E.
SECTION 1.02. Sections 12.151, 12.152, and 12.153,
Education Code, are amended to read as follows:
Sec. 12.151. DEFINITIONS [DEFINITION]. In this subchapter:
(1) "Educational activity" means an activity of a
student enrolled in a virtual charter school that is considered for
purposes of a student's minimum hours of instruction required by a
charter granted under this subchapter or rules adopted under this
subchapter.
(2) "Public[, "public] senior college or university"
has the meaning assigned by Section 61.003.
(3) "Virtual charter school" means a charter school
authorized and operating under this subchapter that uses
technology, including the Internet, to deliver a significant
portion of the school's instruction outside of a central campus.
Sec. 12.152. AUTHORIZATION. (a) In accordance with this
subchapter and Subchapter D, the State Board of Education may grant
a charter on the application of a public senior college or
university for:
(1) an open-enrollment charter school to operate on
the campus of the public senior college or university or in the same
county in which the campus of the public senior college or
university is located; or
(2) a virtual charter school administered by a public
senior college or university to operate from an administrative
office in the same county in which the campus of the college or
university is located.
(b) The State Board of Education may grant a total of not
more than two charters for virtual charter schools and the combined
enrollment for the two charter schools may not exceed 2,000
students.
Sec. 12.153. RULES. (a) The commissioner may adopt rules
to implement this subchapter.
(b) The commissioner shall adopt rules to administer
virtual charter schools under this subchapter. For purposes of
charter school funding under Section 12.106, the commissioner shall
determine the number of hours of virtual charter school educational
activities that are the equivalent of one day of school attendance.
(c) The commissioner shall establish guidelines for the
reporting of and verification of the enrollment of and
instructional hours completed by each student enrolled in a virtual
charter school.
SECTION 1.03. Section 12.156, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The commissioner may not grant a virtual charter
school's request for a waiver from compliance with a provision
listed in Section 12.104. This subsection expires September 1,
2009.
SECTION 1.04. Subchapter E, Chapter 12, Education Code, is
amended by adding Sections 12.157, 12.158, and 12.159 to read as
follows:
Sec. 12.157. VIRTUAL CHARTER SCHOOL. (a) To be eligible
for funding under this subchapter, a virtual charter school must:
(1) provide each student enrolled in the school with
access to a secular curriculum that meets or exceeds state academic
standards;
(2) allow each student to work at a grade level other
than the grade level in which the student is enrolled;
(3) an average of at least once each week during the
school year, assess each student's performance in each subject in
the foundation curriculum in which the student is enrolled;
(4) ensure that a parent or legal guardian of each
student verifies the number of hours of educational activities
completed by the student each school year;
(5) make available to the parent or legal guardian of
each student:
(A) a computer and printer;
(B) physical copies of any instructional
materials related to the student's curriculum; and
(C) reimbursement for any fees related to
accessing the Internet for educational activities;
(6) maintain a student/teacher ratio of not less than
one teacher for each 60 students in average daily attendance;
(7) give preference in enrollment to students with
educational or medical needs that require the student to receive
educational services in a home setting, except that preferential
enrollment status may not be given to a student who is in an
alternative education setting because of the student's suspension
or expulsion under Chapter 37 or other relevant law or rule;
(8) to the extent possible, provide that at least 25
percent of the students enrolled in the school are educationally
disadvantaged students;
(9) provide general special education services under
Subchapter A, Chapter 29; and
(10) provide bilingual and special language program
services under Subchapter B, Chapter 29.
(b) A student enrolled in a virtual charter school shall
complete:
(1) at least 720 hours of educational activities each
school year if the student is enrolled in grade two or lower; and
(2) at least 900 hours of educational activities each
school year if the student is enrolled in grade three or higher.
(c) A teacher employed by a virtual charter school:
(1) must be appropriately certified under Subchapter
B, Chapter 21;
(2) shall, at least four times each school year, be
available to meet with the parent or legal guardian of each student
enrolled in the teacher's class; and
(3) shall, to the extent consistent with rules adopted
by the commissioner, be reasonably available each school day by
electronic communication or other means to respond to questions
from a student, parent, or legal guardian.
(d) A public senior college or university that holds a
charter for a virtual charter school shall annually conduct an
evaluation of the school, including an analysis of:
(1) any increase in student achievement, as measured
using state academic standards and standards described by the
charter;
(2) the academic, fiscal, and operational performance
of the school; and
(3) the performance of any students who are assessed
using an assessment instrument adopted under Section 39.023.
(e) This section expires September 1, 2009.
Sec. 12.158. STATE FUNDING. (a) Except as otherwise
determined by the commissioner under this section, for each
enrolled student in average daily attendance, a virtual charter
school is entitled to funding at a level determined by the
commissioner under this section, not to exceed a level equal to the
funding for each student in average daily attendance in an
open-enrollment charter school.
(b) For purposes of virtual charter school funding, the
commissioner shall determine the number of hours of virtual charter
school educational activities that are the equivalent of one day of
school attendance.
(c) The commissioner shall determine the level of funding
for a virtual charter school under this section. The level of
funding must reflect the school's actual cost of efficiently
providing a student with educational services, as determined by the
commissioner. The commissioner shall provide different levels of
funding as necessary to reflect the costs of different
instructional arrangements.
(d) A virtual charter school may not receive funding for a
student if the student is not administered an assessment instrument
under Subchapter B, Chapter 39. The assessment instrument must be
administered to the student in the presence of a qualified,
independent person, as determined by the commissioner. The
commissioner may not grant a waiver from the requirements of this
subsection.
(e) This section expires September 1, 2009.
Sec. 12.159. REPORT. (a) Not later than December 1 of
each even-numbered year, using funds available for the virtual
charter school program, the commissioner shall submit a report to
the governor, the lieutenant governor, and the speaker of the house
of representatives. To the extent information is available, the
report must include:
(1) recommendations regarding virtual charter school
funding mechanisms and mechanisms designed to monitor student
identification and participation;
(2) recommendations regarding revenue sources,
including any funding from general revenue or the agency, necessary
to support quality assurance and audit requirements for virtual
charter schools;
(3) information relating to the quality of electronic
courses, as measured by student achievement on assessment
instruments administered under Subchapter B, Chapter 39;
(4) recommendations regarding any need to develop or
license specific electronic courses for statewide use to ensure a
cost-efficient increase in student access to the recommended high
school program, including any estimated costs and resources
necessary to make the courses available statewide;
(5) for each grade level, including kindergarten and
first and second grade, recommendations regarding the
effectiveness and any benefit to students of electronic courses;
(6) the estimated number and cost to the state of
private school and home school students who are expected to
participate in the virtual charter school program during the two
years following the date of the report;
(7) the impact of the virtual charter school program
on school districts and campuses; and
(8) recommendations regarding any limit on the number
of:
(A) universities that may grant virtual charter
schools; and
(B) students that may enroll in virtual charter
schools.
(b) This section expires September 1, 2009.
ARTICLE 2. AMENDMENTS EFFECTIVE ON SEPTEMBER 1, 2009
SECTION 2.01. Effective September 1, 2009, Sections 12.151,
12.152, and 12.153, Education Code, are amended to read as follows:
Sec. 12.151. DEFINITION. In this subchapter, "public
senior college or university" has the meaning assigned by Section
61.003.
Sec. 12.152. AUTHORIZATION. [(a)] In accordance with this
subchapter and Subchapter D, the State Board of Education may grant
a charter on the application of a public senior college or
university for an open-enrollment charter school to operate on the
campus of the public senior college or university or in the same
county in which the campus of the public senior college or
university is located.
Sec. 12.153. RULES. The commissioner may adopt rules to
implement this subchapter.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003, except as otherwise provided by this Act.