79R14327 E
By: Madden, Grusendorf, Delisi, Eissler, H.B. No. 1445
Hochberg, et al.
Substitute the following for H.B. No. 1445:
By: Hochberg C.S.H.B. No. 1445
A BILL TO BE ENTITLED
AN ACT
relating to the creation and operation of a state virtual school
network to provide education to students through electronic means.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 30A to read as follows:
CHAPTER 30A. STATE VIRTUAL SCHOOL NETWORK
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 30A.001. DEFINITIONS. In this chapter:
(1) "Board" means the State Board of Education.
(2) "Course" means a one-semester course of study in a
subject that is the equivalent of 90 days of study as determined
under Section 30A.104.
(3) "Electronic course or program" means an
educational course or program:
(A) that includes use of the Internet, computer
software, online services, another electronic medium, or another
means of conveying information;
(B) in which a student and teacher are in
different locations for a majority of the student's instructional
period; and
(C) in which a student is not required to be
located on the physical premises of a school district or
open-enrollment charter school.
(4) "Electronic diagnostic assessment" means a
formative or instructional assessment used in conjunction with an
electronic course or program to ensure that:
(A) a teacher of an electronic course or program
has information related to the academic performance of a student
enrolled in that course or program; and
(B) a student enrolled in an electronic course or
program makes documented progress in mastering the content of the
course or program.
(5) "Electronic professional development course"
means a professional development course that includes use of the
Internet, computer software, online services, another electronic
medium, or another means of conveying information.
(6) "Program" means a full load of courses.
(7) "Provider school district or school" means a
school district or open-enrollment charter school that provides an
electronic course or program to:
(A) students enrolled in that district or school;
or
(B) students enrolled in another school district
or school through an agreement with the other district or school.
Sec. 30A.002. MISSION. The board shall ensure high-quality
education for students in this state who are being educated through
electronic courses or programs.
Sec. 30A.003. APPLICABILITY OF CHAPTER. (a) Except as
provided by Subsection (c), this chapter does not affect the
provision of a course or program to a student while the student is
located on the physical premises of a school district or
open-enrollment charter school.
(b) This chapter does not affect the provision of distance
learning courses offered under other law.
(c) A school district or open-enrollment charter school may
choose to participate in providing an electronic course or program
or an electronic diagnostic assessment under this chapter to a
student who is located on the physical premises of a school district
or open-enrollment charter school.
[Sections 30A.004-30A.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 30A.051. GOVERNANCE OF NETWORK. The board shall
govern the state virtual school network.
Sec. 30A.052. GENERAL POWERS AND DUTIES OF BOARD. (a) The
board shall prepare or provide for preparation of a biennial budget
request for the state virtual school network for presentation to
the legislature.
(b) The board has exclusive jurisdiction over the physical
assets of the network and shall administer and spend appropriations
made for the benefit of the network.
(c) The board shall:
(1) employ or contract with the agency to employ a
limited number of administrative employees to operate the network;
or
(2) contract with a regional education service center
for the service center to operate the network.
Sec. 30A.053. REPORTS. (a) The board shall prepare a
report for each fiscal year documenting activities of the state
virtual school network in accordance with this chapter. Not later
than January 31 of each year, the board shall file the report for
the preceding fiscal year with the governor, the lieutenant
governor, and the speaker of the house of representatives.
(b) The report shall include:
(1) an evaluation of the performance under Chapter 39
of provider school districts and schools; and
(2) to the extent permitted under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g), the results of assessments administered to students
enrolled in electronic courses or programs under this chapter.
(c) To the extent permitted under the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the
commissioner shall make information relating to the performance of
students enrolled in electronic courses or programs under this
chapter available to school districts, open-enrollment charter
schools, and the public.
Sec. 30A.054. LIMITATIONS ON NETWORK POWERS. The state
virtual school network may not:
(1) develop its own curriculum, courses, or programs;
or
(2) provide educational services directly to a
student.
Sec. 30A.055. CONTRACTS WITH VIRTUAL SCHOOL SERVICE
PROVIDERS. (a) Each contract between a school district or
open-enrollment charter school and a virtual school service
provider must:
(1) provide that the district or school may cancel the
contract without penalty if legislative authorization for the
district or school to offer an electronic course or program through
the state virtual school network is revoked; and
(2) be submitted to the commissioner.
(b) A contract submitted under this section is public
information for purposes of Chapter 552, Government Code.
[Sections 30A.056-30A.100 reserved for expansion]
SUBCHAPTER C. PROVISION OF ELECTRONIC COURSES AND PROGRAMS
Sec. 30A.101. ELIGIBILITY TO ACT AS PROVIDER DISTRICT OR
SCHOOL. (a) A school district is eligible to act as a provider
district under this chapter only if the school district is rated
academically acceptable or higher under Section 39.072.
(b) An open-enrollment charter school is eligible to act as
a provider school under this chapter only if the school is rated
recognized or higher under Section 39.072, and may only serve as a
provider school:
(1) to any student within the school district in which
the school is located or within its service area, whichever is
smaller; or
(2) to any other student in the state through an
agreement with the enrolling school under Section 30A.153.
Sec. 30A.102. LISTING OF ELECTRONIC COURSES AND PROGRAMS.
(a) The board shall:
(1) establish criteria as provided by Section 30A.103
for electronic courses and programs that a provider school district
or school may offer through the state virtual school network;
(2) using the criteria established under Section
30A.103, evaluate electronic courses and programs offered by a
provider school district or school;
(3) place electronic courses and programs offered by a
provider school district or school on an approved list; and
(4) provide public access to the list of approved
electronic courses and programs offered by provider school
districts and schools, and a detailed description of the courses
and programs that complies with Section 30A.108.
(b) To ensure that a full range of electronic courses and
programs, including advanced placement courses, are offered to
students in this state, the board:
(1) shall create a list of those subjects and courses
designated by the board under Subchapter A, Chapter 28, for which
the board has identified essential knowledge and skills or for
which the board has designated content requirements under
Subchapter A, Chapter 28;
(2) shall note each course for which an electronic
course is not available;
(3) shall determine the level of interest of students
and parents in courses for which an electronic course is not
available;
(4) shall make publicly available the interest level
for those courses; and
(5) if the board determines sufficient interest
exists, may solicit provider school districts or schools to offer
such a course.
Sec. 30A.103. CRITERIA FOR ELECTRONIC COURSES AND PROGRAMS.
(a) The board by rule shall establish an objective standard
criteria for quality of an electronic course or program.
(b) The criteria must include the essential knowledge and
skills requirements identified or content requirements established
under Subchapter A, Chapter 28. The criteria may not permit the
board to prohibit provider school districts or schools from
applying for approval for an electronic course for a course for
which essential knowledge and skills have been identified.
(c) The criteria may not include:
(1) requirements for or prohibitions against use of
particular kinds of technology; or
(2) any requirements that are developmentally
inappropriate for students.
(d) The criteria must be in place at least six months before
the board uses the criteria in evaluating an electronic course or
program under Section 30A.105.
(e) In establishing criteria under this section, the board
shall review and consider quality-related criteria established in
this state for existing virtual or distance learning courses or
programs.
Sec. 30A.104. MINIMUM NUMBER OF INSTRUCTIONAL HOURS. An
electronic course offered through the state virtual school network
must provide for at least the same number of instructional hours as
required for a course offered in a program that meets the required
minimum number of instructional days under Section 25.081 and the
required length of school day under Section 25.082.
Sec. 30A.105. APPROVAL OF ELECTRONIC COURSES AND PROGRAMS.
(a) The board shall:
(1) establish a schedule for an annual submission and
approval process for electronic courses and programs;
(2) evaluate electronic courses or programs submitted
by provider school districts and schools; and
(3) not later than August 1 of each year, approve
electronic courses or programs that:
(A) meet the criteria established under Section
30A.103; and
(B) provide the minimum number of instructional
hours required under Section 30A.104.
(b) The board shall establish the cost of providing an
electronic course or program approved under Subsection (a), which
may not exceed $400 per student per course or $4,800 per full-time
student.
(c) A school district or open-enrollment charter school
that submits an electronic course or program to the board for
approval must pay a fee in an amount established by the commissioner
as sufficient to recover the reasonable costs to the board in
evaluating and approving electronic courses and programs.
(d) The board shall waive the fee required by Subsection (c)
if a school district or open-enrollment charter school applies for
approval of an electronic course or program that:
(1) was developed under:
(A) Section 29.909;
(B) Subchapter D, Chapter 32, as added by Chapter
834, Acts of the 78th Legislature, Regular Session, 2003; or
(C) any other pilot project for the provision of
electronic courses or programs established before January 1, 2005;
or
(2) was developed independently by the district or
school.
(e) For purposes of Subsection (d)(2), an electronic course
or program is developed independently by a school district or
open-enrollment charter school if a district or school employee is
responsible for developing substantially each aspect of the course
or program, including:
(1) determining the curriculum elements to be included
in the course or program;
(2) selecting any instructional materials for the
course or program;
(3) determining the manner in which instruction is to
be delivered;
(4) creating a lesson plan or similar description of
the instructional aspects of the course or program;
(5) determining any special projects or assignments a
student in the course or program must complete; and
(6) determining the manner in which a student's
progress in the course or program will be measured.
Sec. 30A.106. APPEAL TO COMMISSIONER. (a) Before an
evaluation under Section 30A.105 begins, a provider school district
or school may appeal to the commissioner on the grounds that the
criteria is not objective or does not otherwise comply with this
chapter.
(b) A provider school district or school may appeal to the
commissioner the board's refusal to approve an electronic course or
program.
(c) If the commissioner determines that the criteria is not
objective or does not otherwise comply with this chapter or that the
evaluation did not follow the criteria or was otherwise irregular,
the commissioner may overrule the board and place the course or
program on a list of approved courses or programs. The
commissioner's decision under this section is final and may not be
appealed.
Sec. 30A.107. OPTIONS FOR PROVIDERS AND STUDENTS. (a) A
provider school district or school may offer electronic courses and
programs to students in this state and outside this state.
(b) A student who is enrolled in a school district or
open-enrollment charter school in this state as a full-time student
and who wishes to take an electronic course or program through the
state virtual school network may take one or more electronic
courses from:
(1) the district or school in which the student is
enrolled, if the district or school is a provider school district or
school;
(2) a provider school district or school other than
the district or school in which the student is enrolled, under an
agreement under Section 30A.153; or
(3) any combination of provider school districts and
schools described by Subdivisions (1) and (2).
(c) A student who resides in this state but who is not
enrolled in a school district or open-enrollment charter school in
this state as a full-time student and who wishes to take an
electronic course or program may, subject to Section 30A.156,
enroll in electronic courses from one or more provider school
districts or schools. A student to whom this subsection applies:
(1) may not in any semester enroll in more than two
electronic courses offered through the state virtual school
network; and
(2) is not considered to be a public school student.
(d) A school district or open–enrollment charter school may
not require a student to enroll in an electronic course or program.
Sec. 30A.108. INFORMED CHOICE REPORTS. (a) Not later than
a date determined by the commissioner, each provider school
district or school that offers an electronic course or program
through the state virtual school network shall create and maintain
on the district's or school's Internet website an "informed choice"
report in a format determined by the commissioner. The agency shall
maintain on its Internet website a link to each district or school
report under this section.
(b) Each report by a provider school district or school
under this section must include a description of:
(1) each electronic course the district or school
offers to students, including the number of lessons, the expected
duration of each lesson, and a description of each lesson that
requires use of a computer;
(2) all materials that a student is required to
provide for an electronic course the district or school offers;
(3) the process used to ensure that each electronic
course meets the essential knowledge and skills requirements under
Subchapter A, Chapter 28, including any consultation with a
district or school curriculum specialist;
(4) the process used to place students at the
appropriate academic level, including:
(A) sample placement evaluations;
(B) information related to each person
responsible for placement of a student;
(C) the circumstances in which a student may be
placed in different academic levels for different course subjects
during a school year; and
(D) the circumstances in which a student may
complete more than one course level during a school year;
(5) any technology provided by the district or school
to each student enrolled in the program, including any computer,
computer software, or Internet access;
(6) the method used to report attendance in the
electronic course;
(7) the method used to authenticate student course
work and attendance;
(8) the location and content of each scheduled meeting
between parents or guardians of students enrolled in the electronic
course and teachers or other district or school officials, and the
method used to notify parents and guardians of the time and location
of each meeting;
(9) the district or school policies relating to:
(A) computer security and privacy; and
(B) truancy, absences, discipline, withdrawal,
and expulsion of students;
(10) any extracurricular activities provided,
including activities held on a campus in the school district, if
applicable;
(11) the teaching model used in the electronic course,
including:
(A) each teacher's responsibilities;
(B) minimum teacher qualifications;
(C) minimum hours of training provided to
teachers;
(D) average and maximum student/teacher ratios;
(E) hours of teacher availability; and
(F) for each grade level, minimum and expected
amounts of contact between teachers and parents and between
teachers and students;
(12) any academic services that the district or school
expects a student's parent or guardian to provide to the student;
(13) each standardized assessment instrument, in
addition to any assessment instrument required under Chapter 39,
that the student is required to complete during the school year and,
if available, the location for administration of the instrument;
(14) a summary of the results of each assessment
instrument administered to students in the electronic course during
the school year preceding the year the report is submitted; and
(15) the school year calendar for the electronic
course, including any options for continued participation outside
of the standard school year calendar.
Sec. 30A.109. COMPULSORY ATTENDANCE. The board by rule
shall adopt procedures for verifying the attendance of a student
enrolled in an electronic course or program provided by a provider
school district or school. The rules may modify:
(1) the application of Sections 25.085, 25.086, and
25.087 for a student enrolled in an electronic course or program;
and
(2) any other law inconsistent with the provision of
electronic courses or programs.
Sec. 30A.110. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to an electronic course or
program offered by a school district or open-enrollment charter
school through the state virtual school network in the same manner
that that chapter applies to any other course or program offered by
the district or school.
(b) A school district or open-enrollment charter school
shall report to the commissioner through the Public Education
Information Management System (PEIMS) the results of assessments
administered to students enrolled in an electronic course or
program offered through the state virtual school network separately
from the results of assessments administered to other students.
Sec. 30A.111. TEACHER QUALIFICATIONS. Each teacher of an
electronic course offered through the state virtual school network
must be certified under Subchapter B, Chapter 21, to teach that
course and grade level.
Sec. 30A.112. EDUCATOR PROFESSIONAL DEVELOPMENT. The state
virtual school network may provide or authorize providers of
electronic professional development courses or programs to provide
professional development for:
(1) teachers who are teaching electronic courses or
programs;
(2) teachers who are teaching subjects or grade levels
for which the teachers are not certified;
(3) teachers who must become highly qualified under
Section 1119, No Child Left Behind Act of 2001 (20 U.S.C. Section
6319); or
(4) teachers who must become qualified under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.).
Sec. 30A.113. CRITERIA FOR ELECTRONIC PROFESSIONAL
DEVELOPMENT COURSES. The board by rule shall establish objective
standard criteria for quality of an electronic professional
development course provided under Section 30A.112.
Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The
board by rule shall allow regional education service centers to
participate in the state virtual school network in the same manner
as provider school districts and schools.
Sec. 30A.115. ADDITIONAL RESOURCES. The board by rule may
establish procedures for providing additional resources, such as an
online library, to students and educators served through the state
virtual school network. The board may provide the additional
resources only if the board receives an appropriation, gift, or
grant sufficient to pay the costs of providing those resources.
[Sections 30A.116-30A.150 reserved for expansion]
SUBCHAPTER D. FUNDING
Sec. 30A.151. COSTS TO BE BORNE BY STATE. (a) Except as
authorized by Section 30A.152 or this section, the state shall pay
the cost of operating the state virtual school network.
(b) The operating costs of the state virtual school network
may not be charged to a school district or open–enrollment charter
school.
(c) The costs of providing electronic professional
development courses may be paid by state funds appropriated by the
legislature or federal funds that may be used for that purpose.
(d) State funds provided in connection with the state
virtual school network may not be used in a manner that violates
Section 7, Article I, Texas Constitution.
Sec. 30A.152. GRANTS AND FEDERAL FUNDS. (a) The board may
accept a grant for purposes of this chapter from a public or private
person and shall use those funds in accordance with the board's
duties regarding the state virtual school network.
(b) The board may accept federal funds for purposes of this
chapter and shall use those funds in compliance with applicable
federal law, regulations, and guidelines.
Sec. 30A.153. ALLOCATION OF FUNDS FOR STUDENTS ENROLLED IN
SCHOOL DISTRICTS AND OPEN–ENROLLMENT CHARTER SCHOOLS. (a) A
school district or open–enrollment charter school in which a
student is enrolled is entitled to receive state and local funding
for a student enrolled in an electronic course or program offered
through the state virtual school network in an amount equal to the
cost of providing the electronic course or program, as established
by the State Board of Education, plus 20 percent.
(b) As determined by the State Board of Education for each
approved course, a school district or open–enrollment charter
school may receive payment for a student enrolled in an electronic
course or program based on:
(1) hours of contact with the student, based on
successful progress on or completion of modules of the course or
program; or
(2) the student's successful completion of a course.
(c) A provider school district or school and the school
district or open–enrollment charter school in which a student is
enrolled shall enter into an agreement related to the payment of the
cost of the student's enrollment in an electronic course or
program. The payment to a provider school district or school under
this subsection may not exceed the cost of providing the electronic
course or program, as established by the State Board of Education.
(d) The agreement under Subsection (c) must:
(1) permit the school district or open-enrollment
charter school in which the student is enrolled as a full-time
student to retain, for the district's or school's administrative
costs, an amount not to exceed 20 percent of the amount of funds the
district or school receives under Subsection (a) in connection with
the student; and
(2) identify the services each school district or
open-enrollment charter school is required to provide to the
student.
(e) The board, with the advice of the commissioner, shall
adopt a standard agreement under Subsection (c) that governs
payment of funds and other matters relating to a student's
enrollment in an electronic course or program offered through the
state virtual school network. Each school district or
open-enrollment charter school participating in the state virtual
school network shall use the standard agreement as provided by
Subsection (c) unless:
(1) the district or school requests from the board
permission to modify the standard agreement; and
(2) the board authorizes the modification.
Sec. 30A.154. ALLOCATION OF FUNDS FOR STUDENTS NOT ENROLLED
IN SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER SCHOOL. (a) For a
student enrolled in an electronic course or program under Section
30A.107(c), the commissioner by rule shall allocate to the school
district or open-enrollment charter school funds from the
foundation school fund based on an amount established by the board
for that course or program. The amount established by the board may
not exceed $350 for any electronic course.
(b) For the 2006-2007 school year, the commissioner may not
provide funding for more than 6,000 electronic courses offered
through the state virtual school network to students to whom this
section applies. For the 2007-2008 school year, the commissioner
may not provide funding for more than 15,000 electronic courses
offered through the state virtual school network to students to
whom this section applies. This subsection expires August 1, 2008.
Sec. 30A.155. FUNDING FOR ACCELERATED STUDENTS. (a) A
provider school district or school may apply for additional funding
for an accelerated student who is enrolled in more than the course
load taken by a student in the equivalent grade level in other
school districts or open–enrollment charter schools.
(b) The board by rule shall set a limit on the total amount
of funding for which an accelerated student is eligible.
(c) The legislature in the General Appropriations Act may
limit the amount of funding and the number of hours or courses
eligible for funding under this section.
Sec. 30A.156. FEES. (a) A provider school district or
school may charge a fee for enrollment in an electronic course or
program provided by the district or school to:
(1) a student who does not reside in this state;
(2) a student who resides in this state and:
(A) is enrolled in a school district or
open–enrollment charter school as a full-time student;
(B) is enrolled in a course load greater than
that normally taken by students in the equivalent grade level in
other school districts or open-enrollment charter schools; and
(C) does not qualify for accelerated funding
under Section 30A.155; or
(3) a student who resides in this state and is not
enrolled in a school district or open-enrollment charter school as
a full-time student.
(b) The amount of a fee charged a student under Subsection
(a)(3) may not exceed $50 for each electronic course in which the
student enrolls through the state virtual school network.
(c) Except as provided by Subsection (a), the state virtual
school network may not charge a fee to students for electronic
courses or programs provided by a provider school district or
school.
SECTION 2. Chapter 26, Education Code, is amended by adding
Section 26.0031 to read as follows:
Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL
NETWORK. (a) A school district or open-enrollment charter school
in which a student is enrolled as a full-time student may not
unreasonably deny the request of a parent of a student to enroll the
student in an electronic course or program offered through the
state virtual school network under Chapter 30A.
(b) For purposes of Subsection (a), a school district or
open-enrollment charter school is not considered to have
unreasonably denied a request to enroll a student in an electronic
course or program if:
(1) the district or school determines that the course
or program does not meet state standards or the standards of the
district or school;
(2) a student attempts to enroll in a course load that:
(A) is inconsistent with the student's high
school graduation plan; or
(B) could reasonably be expected to negatively
affect the student's performance on an assessment instrument
administered under Section 39.023; or
(3) the student requests permission to enroll in an
electronic course or program at a time that is not consistent with
the enrollment period established by the school district or
open-enrollment charter school providing the course or program,
provided that school districts or open-enrollment charter schools
shall make all reasonable efforts to accommodate the enrollment of
a student under special circumstances.
(c) A parent may appeal to the commissioner from a school
district's or open-enrollment charter school's decision to deny a
request to enroll a student in an electronic course or program
offered through the state virtual school network. The
commissioner's decision under this subsection is final and may not
be appealed.
SECTION 3. The State Board of Education shall ensure that
the state virtual school network under Chapter 30A, Education Code,
as added by this Act, begins operations in a manner that allows
students to enroll in electronic courses and programs offered
through the network beginning with the 2006-2007 school year.
SECTION 4. This Act takes effect September 1, 2005.