By:  Shapiro                                                      S.B. No. 933
	(In the Senate - Filed March 6, 2003; March 11, 2003, read 
first time and referred to Committee on Education; April 10, 2003, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 5, Nays 3; April 10, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 933                                    By:  Shapiro

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: SECTION 1. 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 2. 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. 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 3. Subchapter E, Chapter 12, Education Code, is amended by adding Section 12.157 to read as follows: Sec. 12.157. VIRTUAL CHARTER SCHOOL. (a) 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 Internet access used for educational activities; and (6) maintain a student/teacher ratio of not less than one teacher for each 60 students in average daily attendance. (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; and (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. (d) A virtual charter school is entitled for each student in average daily attendance to funding at a level equal to an open-enrollment charter school. (e) 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. SECTION 4. 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.
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