78R15026 BDH-F
By: Shapiro S.B. No. 933
Substitute the following for S.B. No. 933:
By: Grusendorf C.S.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 8,000
students.
(c) A virtual charter school is part of the public school
system of this state and may not discriminate in admissions on the
basis of race, sex, national origin, ethnicity, religion, or
disability. To the extent consistent with Section 12.157, on
receipt of more acceptable applications for admission than
available positions in the school, the school shall fill the
available positions by lottery.
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.
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 three 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) For each enrolled student
in average daily attendance, a virtual charter school is entitled
to funding at a level equal to the funding for each student in
average daily attendance in an open-enrollment charter school.
(b) A virtual charter school may not receive funding for a
student for the following school year if the student is not
administered an assessment instrument under Subchapter B, Chapter
39. The commissioner may grant a waiver from the requirements of
this subsection on a student-by-student basis.
(c) 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 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;
(5) for each grade level, including kindergarten and
first and second grade, recommendations regarding the
effectiveness and any benefit to students, teachers,
administrators, or school districts 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;
(8) recommendations regarding any limit on the number
of:
(A) colleges and universities that may grant
virtual charter schools; and
(B) students that may enroll in virtual charter
schools; and
(9) information relating to the extent to which
virtual charter schools assist school districts and the state in
complying with the No Child Left Behind Act of 2001 (Pub. L. No.
107-110).
(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. TRANSITION PROVISIONS
SECTION 3.01. Not later than January 1, 2005, the
commissioner of education shall recommend to the legislature an
appropriate level of funding for virtual charter schools.
SECTION 3.02. 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.