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.