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A BILL TO BE ENTITLED
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AN ACT
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relating to the state virtual school network. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 30A, Education Code, is |
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amended by adding Section 30A.007 to read as follows: |
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Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. (a) A |
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school district or open-enrollment charter school shall adopt a |
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policy that provides district or school students with the |
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opportunity to enroll in electronic courses provided through the |
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state virtual school network. The policy must be consistent with |
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the requirements imposed by Section 26.0031. |
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(b) For purposes of a policy adopted under Subsection (a), |
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the determination of whether or not an electronic course will meet |
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the needs of a student with a disability shall be made by the |
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student's admission, review, and dismissal committee in a manner |
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consistent with state and federal law, including the Individuals |
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with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) |
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and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section |
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794). |
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SECTION 2. Subchapter C, Chapter 30A, Education Code, is |
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amended by adding Section 30A.1021 to read as follows: |
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Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING |
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ELECTRONIC COURSES. (a) The administering authority shall |
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provide students who have completed or withdrawn from electronic |
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courses offered through the virtual school network and their |
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parents with a mechanism for providing comments regarding the |
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courses. |
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(b) The mechanism required by Subsection (a) must include a |
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quantitative rating system and a list of verbal descriptors that a |
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student or parent may select as appropriate. |
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(c) The administering authority shall provide public access |
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to the comments submitted by students and parents under this |
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section. The comments must be in a format that permits a person to |
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sort the comments by teacher, electronic course, and provider |
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school district or school. |
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SECTION 3. Section 30A.104, Education Code, is amended to |
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read as follows: |
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Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A course |
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offered through the state virtual school network must: |
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(1) be in a specific subject that is part of the |
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required curriculum under Section 28.002(a); |
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(2) be aligned with the essential knowledge and skills |
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identified under Section 28.002(c) for a grade level at or above |
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grade level three; and |
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(3) be the equivalent in instructional rigor and scope |
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to a course that is provided in a traditional classroom setting |
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during: |
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(A) a semester of 90 instructional days; and |
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(B) a school day that meets the minimum length of |
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a school day required under Section 25.082. |
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(b) For purposes of Subsection (a)(2), a course is |
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considered in compliance with the requirement imposed under that |
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subdivision if: |
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(1) the course contains at least 80 percent of the |
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applicable essential knowledge and skills; and |
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(2) the provider school district or school provides |
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written documentation that the remaining 20 percent of the |
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applicable essential knowledge and skills will be provided by the |
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teacher of the course. |
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(c) If the essential knowledge and skills with which an |
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approved course is aligned in accordance with Subsection (a)(2) are |
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modified, the provider school district or school must be provided |
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the same time period to revise the course to achieve alignment with |
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the modified essential knowledge and skills as is provided for the |
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modification of a course provided in a traditional classroom |
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setting. |
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SECTION 4. Section 30A.105, Education Code, is amended by |
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adding Subsections (a-1) and (a-2) and amending Subsection (d) to |
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read as follows: |
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(a-1) The administering authority shall publish the |
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schedule established under Subsection (a)(1), including any |
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deadlines specified in that schedule, and any guidelines applicable |
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to the submission and approval process for electronic courses. |
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(a-2) The evaluation required by Subsection (a)(2) must |
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include review of each electronic course component, including |
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off-line material proposed to be used in the course. |
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(d) If the agency determines that the costs of evaluating |
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and approving a submitted electronic course will not be paid by the |
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agency due to a shortage of funds available for that purpose, the |
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school district, open-enrollment charter school, or public or |
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private institution of higher education that submitted the course |
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for evaluation and approval may pay a fee equal to the amount of the |
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costs in order to ensure that evaluation of the course occurs. The |
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agency shall establish and publish a fee schedule for purposes of |
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this subsection. |
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SECTION 5. Subchapter D, Chapter 30A, Education Code, is |
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amended by adding Section 30A.153 to read as follows: |
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Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A |
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school district or open-enrollment charter school in which a |
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student is enrolled is entitled to funding under Chapter 42 for the |
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student's enrollment in an electronic course offered through the |
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state virtual school network in the same manner that the district or |
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school is entitled to funding for the student's enrollment in |
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courses provided in a traditional classroom setting, provided that |
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the student successfully completes the electronic course. |
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(b) The commissioner, after considering comments from |
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school district and open-enrollment charter school |
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representatives, shall adopt a standard agreement that governs |
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payment of funds and other matters relating to a student's |
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enrollment in an electronic course offered through the state |
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virtual school network. The agreement may not require a school |
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district or open-enrollment charter school to pay the provider the |
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full amount until the student has successfully completed the |
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electronic course. |
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(c) A school district or open-enrollment charter school |
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shall use the standard agreement adopted under Subsection (b) |
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unless: |
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(1) the district or school requests from the |
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commissioner permission to modify the standard agreement; and |
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(2) the commissioner authorizes the modification. |
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(d) The commissioner shall adopt rules necessary to |
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implement this section, including rules regarding attendance |
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accounting. |
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SECTION 6. Section 42.302(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per weighted student in state and local funds for each cent of tax |
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effort over that required for the district's local fund assignment |
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up to the maximum level specified in this subchapter. The amount |
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of state support, subject only to the maximum amount under Section |
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42.303, is determined by the formula: |
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GYA = (GL X WADA X DTR X 100) - LR |
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where: |
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"GYA" is the guaranteed yield amount of state funds to be |
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allocated to the district; |
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"GL" is the dollar amount guaranteed level of state and local |
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funds per weighted student per cent of tax effort, which is an |
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amount described by Subsection (a-1) or a greater amount for any |
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year provided by appropriation; |
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"WADA" is the number of students in weighted average daily |
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attendance, which is calculated by dividing the sum of the school |
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district's allotments under Subchapters B and C, less any allotment |
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to the district for transportation, any allotment under Section |
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42.158[, 42.159,] or 42.160, and 50 percent of the adjustment under |
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Section 42.102, by the basic allotment for the applicable year; |
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"DTR" is the district enrichment tax rate of the school |
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district, which is determined by subtracting the amounts specified |
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by Subsection (b) from the total amount of maintenance and |
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operations taxes collected by the school district for the |
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applicable school year and dividing the difference by the quotient |
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of the district's taxable value of property as determined under |
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Subchapter M, Chapter 403, Government Code, or, if applicable, |
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under Section 42.2521, divided by 100; and |
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"LR" is the local revenue, which is determined by multiplying |
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"DTR" by the quotient of the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 42.2521, divided by 100. |
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SECTION 7. Section 42.159, Education Code, is repealed. |
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SECTION 8. This Act takes effect September 1, 2011, if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary to take effect on |
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that date, this Act takes effect on the 91st day after the last day |
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of the legislative session. |