79R5553 ESH-F
By: Madden 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 through electronic means to public
school students.
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) "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 located on the
physical premises of a school district.
(3) "Local provider school district" means a school
district that provides an electronic course or program to students
enrolled in that school district or to students enrolled in another
school district through an agreement with the other school
district.
(4) "Provider school district" means a local provider
school district or a state provider school district.
(5) "State provider school district" means a school
district that, through the state virtual school network, provides
electronic courses or programs to students enrolled in the state
virtual school network.
Sec. 30A.002. MISSION. The board shall ensure high-quality
education for public school 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.
(b) This chapter does not affect the provision of distance
learning courses offered under other law.
(c) A school district may choose to participate in providing
an electronic course or program under this chapter to a student who
is located on the physical premises of a school district.
[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 an evaluation of the
performance under Chapter 39 of state provider school districts and
local provider school districts.
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.
[Sections 30A.055-30A.100 reserved for expansion]
SUBCHAPTER C. PROVISION OF ELECTRONIC COURSES AND PROGRAMS
Sec. 30A.101. LISTING OF ELECTRONIC COURSES AND PROGRAMS.
(a) The board shall:
(1) establish quality-related criteria as provided by
Section 30A.102 for electronic courses and programs that a provider
school district may offer to students enrolled in public school
districts in this state;
(2) using the criteria established under Section
30A.102, evaluate electronic courses and programs offered by a
provider school district;
(3) place electronic courses and programs offered by a
state provider school district on an approved list for state use or
for use within an area designated by the state provider school
district;
(4) place electronic courses and programs offered by a
local provider school district on an approved list for use by:
(A) students enrolled in the local provider
school district; or
(B) students enrolled in another district
through an agreement with the local provider school district; and
(5) provide public access to the list of courses and
programs offered by provider school districts, and a detailed
description of the courses and programs that comply with Section
230A.30A030A(f).
(b) To ensure that a full range of courses and programs are
offered to students in this state, including advanced placement
courses, 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 or program is not available;
(3) shall determine the level of interest of students
and parents in courses for which an electronic course or program 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 local provider school districts to offer such a
course or program.
Sec. 30A.102. 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 under Subchapter A, Chapter 28. The
criteria may not permit the board to prohibit provider school
districts from applying for approval for an electronic course or
program for a course for which essential knowledge and skills have
been identified.
(c) The criteria may not include:
(1) distinctions between state provider school
districts and local provider school districts;
(2) requirements for or prohibitions on particular
kinds of technology; or
(3) 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.103.
Sec. 30A.103. APPROVAL OF ELECTRONIC COURSES AND PROGRAMS.
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
(3) approve courses or programs that meet the criteria
established under Section 30A.102.
Sec. 30A.104. APPEAL TO COMMISSIONER. (a) Before an
evaluation under Section 30A.103 begins, a provider school district
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 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.105. OPTIONS FOR PROVIDERS AND STUDENTS. (a) A
provider school district may offer electronic courses and programs
as a state provider school district, a local provider school
district, or both, with courses and programs on one or both lists.
(b) A student who wishes to take an electronic course or
program may:
(1) apply to the state virtual school network to take a
course or program full-time from one or more state provider school
districts, subject to:
(A) an agreement between the state virtual school
network and a state provider school district designating the
district as the responsible entity; and
(B) if the student applies to take courses or
parts of a program from more than one state provider school
district, an inter-district agreement between or among the
districts under Section 30A.154 designating one of the districts as
the responsible entity;
(2) enroll in the school district in which the student
resides and take one or more electronic courses or programs from one
or more local provider school districts either directly or through
an inter-district agreement under Section 30A.154; or
(3) with the agreement of the school district in which
the student resides, enroll in that district and take one or more
electronic courses or programs from both one or more state provider
school districts and one or more local provider school districts.
(c) A district may not require a student to enroll in an
electronic course or program.
(d) For purposes of this section, "responsible entity"
means the local education agency that has control of funds, is
accountable under Chapter 39, and is responsible for providing
programs such as special education and bilingual education and for
diplomas, course credits, transcripts, grades, and other
educational matters for a student. For a student enrolled as
provided by Subsection (b)(1), the designated state provider school
district is the responsible entity. For a student enrolled as
provided by Subsection (b)(2), the school district in which the
student resides is the responsible entity. For a student enrolled
as provided by Subsection (b)(3), the responsible entity is
determined by agreement between the district in which the student
resides and the provider district or districts.
Sec. 30A.106. 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. 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.107. TEACHER TRAINING. The state virtual school
network may provide or provide for training for teachers who are
teaching electronic courses or programs.
Sec. 30A.108. REGIONAL EDUCATION SERVICE CENTERS AND OTHER
RESOURCES. (a) The board by rule shall allow regional education
service centers to participate in the state virtual school network.
(b) The board by rule may establish procedures for providing
additional resources, such as an online library, to students 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.109-30A.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 costs for students enrolled in a state provider
school district shall be paid from the foundation school fund and
from appropriated funds. The legislature in the General
Appropriations Act may limit the number of students who may be
enrolled in state provider school districts through the state
virtual school network.
(c) The operating costs of the state virtual school network
may not be charged to a school district.
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 STATE PROVIDER SCHOOL
DISTRICTS. For a student enrolled in a state provider school
district through the state virtual school network, the commissioner
by rule shall allocate to the district funds from the foundation
school fund based on an amount, established in the General
Appropriations Act, for contact hours or the student's successful
completion of a course. The amount established in the General
Appropriations Act must be based on the equivalent of the same
number of school years, days, and hours applicable to other school
districts.
Sec. 30A.154. ALLOCATION OF FUNDS FOR COURSES OR PROGRAMS
OFFERED BY LOCAL PROVIDER SCHOOL DISTRICTS. (a) A local provider
school district is entitled to receive federal, state, and local
funding for a student enrolled in an electronic course or program
offered by the district in an amount equal to the funding the
district is otherwise entitled to receive for a student enrolled in
the district. A school district may compute the average daily
attendance of 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.
(b) A local provider school district and the school district
in which a student resides shall enter into an agreement related to
the payment of the local share of the cost of the student's
enrollment in an electronic course or program.
Sec. 30A.155. FUNDING FOR ACCELERATED STUDENTS. (a) A state
provider school district 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.
(b) The board by rule shall set a limit on the total amount
of funding for which an accelerated student is eligible, with
appropriate flexibility for students seeking to graduate early or
recover course credits.
(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 state provider school district
may charge a fee for enrollment in an electronic course or program
provided by the district to:
(1) a student who does not reside in this state; or
(2) a student who:
(A) resides in this state;
(B) is enrolled in a course load greater than
that normally taken by students in the equivalent grade level in
other school districts; and
(C) does not qualify for accelerated funding
under Section 30A.155.
(b) 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 state or local provider school
district.
SECTION 2. 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 3. This Act takes effect September 1, 2005.