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.