By: Shapiro, Patrick S.B. No. 955
 
      West
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state virtual school network.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 1.001, Education Code,
  is amended to read as follows:
         (b)  Except as provided by Chapter 18, Chapter 19, Subchapter
  A of[,] Chapter 29, [or] Subchapter E of[,] Chapter 30, or Chapter
  30A, this code does not apply to students, facilities, or programs
  under the jurisdiction of the Department of Aging and Disability
  Services, the Department of State Health Services, the Health and
  Human Services Commission, the Texas Youth Commission, the Texas
  Department of Criminal Justice, a Job Corps program operated by or
  under contract with the United States Department of Labor, or any
  juvenile probation agency.
         SECTION 2.  Section 30A.002, Education Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  A student is eligible to enroll full-time in courses
  provided through the state virtual school network only if[:
               [(1)]  the student was enrolled in a public school in
  this state in the preceding school year.
         (c)  Notwithstanding Subsection (a)(3) or (b), a student is
  eligible to enroll in one or more courses provided through the state
  virtual school network or enroll full-time in courses provided
  through the network if[; or
               [(2)]  the student:
               (1) [(A)]  is a dependent of a member of the United
  States military;
               (2) [(B)]  was previously enrolled in high school in
  this state; and
               (3) [(C)]  does not reside in this state due to a
  military deployment or transfer.
         SECTION 3.  Section 30A.004, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Requirements imposed by or under this chapter do not
  apply to a virtual course provided by a school district only to
  district students if the course is not provided as part of the state
  virtual school network.
         SECTION 4.  Subsection (b), Section 30A.101, Education Code,
  is amended to read as follows:
         (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 serve as a
  provider school only:
               (1)  to a student within the school district in which
  the school is located or within its service area, whichever is
  smaller; or
               (2)  to another student in the state:
                     (A)  through an agreement with the school district
  in which the student resides; or
                     (B)  if the student receives educational services
  under the supervision of a juvenile probation department, the Texas
  Youth Commission, or the Texas Department of Criminal Justice,
  through an agreement with the applicable agency [administering
  authority under Section 30A.153].
         SECTION 5.  Subsections (c) and (d), Section 30A.105,
  Education Code, are amended to read as follows:
         (c)  The agency shall [A school district, open-enrollment
  charter school, or public or private institution of higher
  education that submits an electronic course to the administering
  authority for approval must] pay [a fee in an amount established by
  the commissioner as sufficient to recover] the reasonable costs of
  [to the administering authority in] evaluating and approving
  electronic courses. If funds available to the agency for that
  purpose are insufficient to pay the costs of evaluating and
  approving all electronic courses submitted for evaluation and
  approval, the agency shall give priority to paying the costs of
  evaluating and approving the following courses:
               (1)  courses that satisfy high school graduation
  requirements;
               (2)  courses that would likely benefit a student in
  obtaining admission to a postsecondary institution;
               (3)  courses that allow a student to earn college
  credit or other advanced credit;
               (4)  courses in subject areas most likely to be highly
  beneficial to students receiving educational services under the
  supervision of a juvenile probation department, the Texas Youth
  Commission, or the Texas Department of Criminal Justice; and
               (5)  courses in subject areas designated by the
  commissioner as commonly experiencing a shortage of teachers.
         (d)  If the agency determines that the costs of evaluating
  and approving a submitted electronic course will not be paid by the
  agency due to a shortage of funds available for that purpose, the
  [The administering authority shall waive the fee required by
  Subsection (c) if a] school district, open-enrollment charter
  school, or public or private institution of higher education that
  submitted the [applies for approval of an electronic] course for
  evaluation and approval may pay the costs in order to ensure that
  evaluation of the course occurs [that was developed independently
  by the district, school, or institution.   For purposes of this
  subsection, an electronic course is developed independently by a
  district, school, or institution if a district, school, or
  institution employee is responsible for developing substantially
  each aspect of the course, including:
               [(1)     determining the curriculum elements to be
  included in the course;
               [(2)     selecting any instructional materials for the
  course;
               [(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;
               [(5)     determining any special projects or assignments a
  student in the course must complete; and
               [(6)     determining the manner in which a student's
  progress in the course will be measured].
         SECTION 6.  Subchapter C, Chapter 30A, Education Code, is
  amended by adding Section 30A.1051 to read as follows:
         Sec. 30A.1051.  ELECTRONIC COURSE PORTABILITY. A student
  who transfers from one educational setting to another after
  beginning enrollment in an electronic course is entitled to
  continue enrollment in the course.
         SECTION 7.  Subsection (a), Section 30A.107, Education Code,
  is amended to read as follows:
         (a)  A provider school district or school may offer
  electronic courses to:
               (1)  students who reside in this state; and
               (2)  students who reside outside this state and who
  meet the eligibility requirements under Section 30A.002(c)
  [30A.002(b)].
         SECTION 8.  Section 30A.109, Education Code, is amended to
  read as follows:
         Sec. 30A.109.  COMPULSORY ATTENDANCE.  The commissioner by
  rule shall adopt procedures for reporting and verifying the
  attendance of a student enrolled in an electronic course provided
  through the state virtual school network.  The rules may modify the
  application of Sections 25.085, 25.086, and 25.087 for a student
  enrolled in an electronic course but must require participation in
  an educational program equivalent to the requirements prescribed by
  those sections.
         SECTION 9.  Section 30A.111, Education Code, is amended to
  read as follows:
         Sec. 30A.111.  TEACHER QUALIFICATIONS.  (a)  Each teacher of
  an electronic course offered by a school district or
  open-enrollment charter school through the state virtual school
  network must:
               (1)  be certified under Subchapter B, Chapter 21, to
  teach that course and grade level; and
               (2)  successfully complete the appropriate
  professional development course provided under Section 30A.112(a)
  or 30A.1121 before teaching an electronic course offered through
  the network.
         (b)  The commissioner by rule shall establish procedures for
  verifying successful completion by a teacher of the appropriate
  professional development course required by Subsection (a)(2).
         SECTION 10.  Subchapter C, Chapter 30A, Education Code, is
  amended by adding Section 30A.1121 to read as follows:
         Sec. 30A.1121.  ALTERNATIVE EDUCATOR PROFESSIONAL
  DEVELOPMENT. (a)  Subject to Subsection (b), a school district or
  open-enrollment charter school may provide professional
  development courses to teachers seeking to become authorized to
  teach electronic courses provided through the state virtual school
  network.  A district or school may provide a professional
  development course that is approved under Subsection (b) to any
  interested teacher, regardless of whether the teacher is employed
  by the district or school.
         (b)  The agency shall review each professional development
  course sought to be provided by a school district or
  open-enrollment charter school under Subsection (a) to determine if
  the course meets the quality standards established under Section
  30A.113. If a course meets those standards, the district or school
  may provide the course for purposes of enabling a teacher to comply
  with Section 30A.111(a)(2).
         SECTION 11.  Section 30A.155, Education Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (a-1)
  and (c-1) to read as follows:
         (a)  A school district or open-enrollment charter school may
  charge a fee for enrollment in an electronic course provided
  through the state virtual school network to a student who resides in
  this state and:
               (1)  is enrolled in a school district or
  open-enrollment charter school as a full-time student; and
               (2)  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
               [(3)     does not qualify for accelerated student funding
  under Section 30A.154].
         (a-1)  A school district or open-enrollment charter school
  may charge a fee for enrollment in an electronic course provided
  through the state virtual school network during the summer.
         (c)  The amount of a fee charged a student under Subsection
  (a), (a-1), or (b) for each electronic course in which the student
  enrolls through the state virtual school network may not exceed the
  lesser of:
               (1)  the cost of providing the course; or
               (2)  $400.
         (c-1)  A school district or open-enrollment charter school
  that is not the provider school district or school may charge a
  student enrolled in the district or school a nominal fee, not to
  exceed the amount specified by the commissioner, if the student
  enrolls in an electronic course provided through the state virtual
  school network that exceeds the course load normally taken by
  students in the equivalent grade level.  A juvenile probation
  department or state agency may charge a comparable fee to a student
  under the supervision of the department or agency.
         (d)  Except as provided by this section [Subsection (a) or
  (b)], the state virtual school network may not charge a fee to
  students for electronic courses provided through the network.
         SECTION 12.  Subchapter C, Chapter 42, Education Code, is
  amended by adding Section 42.159 to read as follows:
         Sec. 42.159.  STATE VIRTUAL SCHOOL NETWORK ALLOTMENTS.
  (a)  In this section:
               (1)  "Electronic course" means a course that is a
  semester in length.
               (2)  "Normal course load" means the number of classes
  or credit hours generally required to be taken by a student to
  generate the full amount of funding provided under this chapter for
  a student in average daily attendance, as determined by the
  commissioner.
               (3)  "State virtual school network" means the system
  established under Chapter 30A.
         (b)  For each student who successfully completes an
  electronic course provided through the state virtual school network
  as part of a normal course load:
               (1)  the school district or open-enrollment charter
  school that provided the course is entitled to an allotment of $400;
  and
               (2)  the school district or open-enrollment charter
  school in which the student is enrolled is entitled to an allotment
  of $80 to reimburse the district or school for associated
  administrative costs.
         (c)  A juvenile probation department or state agency is
  entitled to receive state funding comparable to the funding
  described by Subsection (b)(2) for students under the supervision
  of the department or agency.
         (d)  For each student who successfully completes an
  electronic course provided through the state virtual school network
  that exceeds a normal course load, including an electronic course
  offered during the summer, the school district or open-enrollment
  charter school that provided the course may be entitled to an
  allotment in an amount determined by the commissioner based on the
  amount of funds appropriated for purposes of this subsection.
         (e)  The commissioner may set aside an amount not to exceed
  50 percent of the total funds appropriated for allotments under
  Subsection (d) and use that amount to pay the costs of providing
  through the state virtual school network electronic courses through
  which students may recover academic credit for courses in which the
  students were previously unsuccessful.  The commissioner may
  reserve a portion of the set-aside amount for payment of the costs
  of providing electronic courses described by this subsection to
  students in alternative education settings.  For purposes of this
  subsection, students in alternative education settings include
  students in disciplinary alternative education programs under
  Section 37.008, students in juvenile justice alternative education
  programs under Section 37.011, and students under the supervision
  of a juvenile probation department, the Texas Youth Commission, or
  the Texas Department of Criminal Justice.
         (f)  The commissioner may not provide partial funding under
  this section to a school district or open-enrollment charter school
  under Subsection (b) or (d) on the basis of a student who
  successfully completes one or more modules of an electronic course
  but does not successfully complete the entire course.
         (g)  Amounts received by a school district or
  open-enrollment charter school under this section are in addition
  to any amounts to which the district or school is entitled to
  receive or retain under Chapter 12 or 41 or this chapter and are not
  subject to reduction under any provision of those chapters.
         (h)  The commissioner shall adopt rules necessary to
  implement this section. The rules must include provisions:
               (1)  requiring a school district or open-enrollment
  charter school that receives funding for an electronic course under
  Subsection (d) to reduce the amount of any fee charged for the
  course in accordance with Section 30A.155 by an amount equal to the
  amount of funding provided under Subsection (d);
               (2)  prohibiting a school district or open-enrollment
  charter school that receives funding for an electronic course under
  Subsection (d) from charging a fee for the course in accordance with
  Section 30A.155 that is higher than would otherwise be charged; and
               (3)  addressing division and distribution of the
  allotment described by Subsection (b)(2) in circumstances in which
  a student transfers from one school district, school, or other
  educational setting to another after beginning enrollment in an
  electronic course.
         SECTION 13.  Subsection (a), Section 42.302, Education Code,
  is amended to read as follows:
         (a)  Each school district is guaranteed a specified amount
  per weighted student in state and local funds for each cent of tax
  effort over that required for the district's local fund assignment
  up to the maximum level specified in this subchapter.  The amount
  of state support, subject only to the maximum amount under Section
  42.303, is determined by the formula:
  GYA = (GL X WADA X DTR X 100) - LR
  where:
         "GYA" is the guaranteed yield amount of state funds to be
  allocated to the district;
         "GL" is the dollar amount guaranteed level of state and local
  funds per weighted student per cent of tax effort, which is an
  amount described by Subsection (a-1) or a greater amount for any
  year provided by appropriation;
         "WADA" is the number of students in weighted average daily
  attendance, which is calculated by dividing the sum of the school
  district's allotments under Subchapters B and C, less any allotment
  to the district for transportation, any allotment under Section
  42.158 or 42.159, and 50 percent of the adjustment under Section
  42.102, by the basic allotment for the applicable year;
         "DTR" is the district enrichment tax rate of the school
  district, which is determined by subtracting the amounts specified
  by Subsection (b) from the total amount of maintenance and
  operations taxes collected by the school district for the
  applicable school year and dividing the difference by the quotient
  of the district's taxable value of property as determined under
  Subchapter M, Chapter 403, Government Code, or, if applicable,
  under Section 42.2521, divided by 100; and
         "LR" is the local revenue, which is determined by multiplying
  "DTR" by the quotient of the district's taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, under Section 42.2521, divided by 100.
         SECTION 14.  Subsection (d), Section 30A.151, and Sections
  30A.153 and 30A.154, Education Code, are repealed.
         SECTION 15.  The Texas Education Agency shall evaluate
  whether providers of different types of electronic courses offered
  through the state virtual school network established under Chapter
  30A, Education Code, should receive varying amounts of state
  funding based on the type of course provided. Not later than
  January 1, 2011, the agency shall submit a report of its findings
  and recommendations to the legislature.
         SECTION 16.  The Texas Education Agency shall investigate
  the feasibility of making language acquisition courses available
  through the state virtual school network by obtaining state
  subscriptions or pursuing other possible means of access.  Not
  later than January 1, 2011, the agency shall submit a report of its
  findings to the legislature. If the agency determines that it is
  feasible to make language acquisition courses available through the
  network, the report must include recommended mechanisms for
  ensuring progress towards language proficiency of students
  enrolled in those courses.
         SECTION 17.  (a)  The Texas Education Agency shall
  investigate the feasibility of creating one or more series of
  courses to be provided through the state virtual school network
  that focus on the educational needs of students in alternative
  education settings, including students in disciplinary alternative
  education programs under Section 37.008, Education Code, students
  in juvenile justice alternative education programs under Section
  37.011, Education Code, and students under the supervision of a
  juvenile probation department, the Texas Youth Commission, or the
  Texas Department of Criminal Justice. The series of courses to be
  investigated must include a series that would constitute a
  full-time educational program, a series that would offer only
  supplemental courses, and a series that would offer courses through
  which students could recover academic credit for courses in which
  the students were previously unsuccessful.
         (b)  Not later than January 1, 2011, the agency shall submit
  a report of its findings to the legislature.
         SECTION 18.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 19.  This Act does not make an appropriation.  This
  Act takes effect only if a specific appropriation for the
  implementation of the Act is provided in a general appropriations
  act of the 81st Legislature.
         SECTION 20.  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, 2009.