2003S0460-1 03/03/03


By:  Shapiro                                                      S.B. No. 933

A BILL TO BE ENTITLED
AN ACT
relating to charter schools, including virtual charter schools, of public colleges and universities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the Virtual Charter Schools Act. 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 or Subchapter E. SECTION 3. Section 12.151, Education Code, is amended to read as follows: Sec. 12.151. DEFINITIONS [DEFINITION]. In this subchapter: (1) "Educational activities" means the student activities described in the charter of a virtual charter school, the participation in which counts towards a student's minimum required hours of instruction as determined in accordance with Section 12.153(a). (2)[,] "Public [public] senior college or university" has the meaning assigned by Section 61.003. (3) "Public senior college or university charter school" means any open-enrollment charter school authorized and operated in accordance with this subchapter. (4) "Virtual charter school" means any open-enrollment charter school authorized and operated in accordance with this subchapter that utilizes technology to deliver a significant portion of instruction through the Internet or in a virtual or remote setting to students within the state. SECTION 4. Section 12.152, Education Code, is amended by adding Subsection (b) to read as follows: (b) 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 a virtual charter school. SECTION 5. Sections 12.153 and 12.154, Education Code, are amended to read as follows: Sec. 12.153. RULES. (a) Each virtual charter school shall: (1) for the purpose of determining the amount of state funds available for a virtual charter school under Section 12.106, develop a mechanism to determine the number of hours of educational activities completed by a virtual charter school student that is the equivalent of one day of school attendance; (2) provide each of its students with access to a curriculum that meets or exceeds state academic standards; (3) assess the academic performance of each of the charter school's students at least once per week during the academic year in each core curriculum subject area; (4) notwithstanding Section 12.107, make available to the parent or guardian of each enrolled student: physical copies of instructional materials related to each student's curriculum; a computer and printer; and reimbursement for an Internet connection to be used for school work; (5) employ teachers who are certified under Subchapter B, Chapter 21; (6) maintain a teacher-to-student ratio of at least one teacher for every 60 students; (7) require its teachers to be available at least four times each academic year to meet with the parent or guardian of each of the teacher's students; and (8) maintain an administrative office in the county in which the school's charter holder is located. (b) An administrative office maintained by a virtual charter school according to Subsection (a)(8) shall be considered the principal place of business of the virtual charter school. (c) A virtual charter school may not: (1) make any payment, in cash or cash equivalents, other than payments required to provide the items described in Subsection (a)(4); or (2) prohibit a student from working at a different grade level in any subject. (d) The commissioner shall adopt rules to implement the requirements for virtual charter schools under Subsections (a), (b), and (c). (e) The commissioner may adopt additional rules to implement any other provision of this subchapter. Sec. 12.154. CONTENT. Notwithstanding Section 12.110(d), the State Board of Education may grant a charter under this subchapter only if the following criteria are satisfied in the public senior college's or university's application, as determined by the State Board of Education: (1) the public senior college or university charter school's educational program must include innovative teaching methods; (2) the public senior college or university charter school's educational program must be implemented under the direct supervision of a member of the teaching or research faculty of the public senior college or university; (3) the faculty member supervising the public senior college or university charter school's educational program must have substantial experience and expertise in education research, teacher education, classroom instruction, or educational administration; (4) the public senior college or university charter school's educational program must be designed to meet specific goals described in the charter, including improving student performance, and each aspect of the program must be directed toward the attainment of the goals; (5) the attainment of the public senior college or university charter school's educational program goals must be measured using specific, objective standards set forth in the charter, including assessment methods and a time frame; and (6) the financial operations of the public senior college or university charter school must be supervised by the business office of the public senior college or university. SECTION 6. Subsection (a), Section 12.156, Education Code, is amended to read as follows: (a) Except as otherwise provided by this subchapter, Subchapter D applies to a public senior college or university charter school as though the public senior college or university charter school were granted a charter under that subchapter. SECTION 7. Subchapter E, Chapter 12, Education Code, is amended by adding Section 12.157 to read as follows: Sec. 12.157. ANNUAL EVALUATION OF VIRTUAL CHARTER SCHOOLS. (a) Notwithstanding the provisions of Section 12.118, each public senior college or university sponsoring a virtual charter school under this subchapter shall perform an annual evaluation of the virtual charter school. (b) An evaluation under Subsection (a) must include an analysis of: (1) any increase in student achievement, measured according to the charter of the virtual charter school and state academic standards; (2) the academic, fiscal, and operational performance of the virtual charter school; and (3) the assessment test scores for any of the virtual charter school's students who take any of the state assessment tests described in Section 39.023. SECTION 8. This Act takes effect September 1, 2003.