82R13507 KKA-D
 
  By: Madden H.B. No. 3088
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state virtual school network and virtual high
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 30A, Education Code, is
  amended by adding Section 30A.007 to read as follows:
         Sec. 30A.007.  SCHOOL DISTRICT POLICY ON ELECTRONIC COURSES.
  A school district shall adopt a policy that provides district
  students with the opportunity to enroll in electronic courses
  provided through the state virtual school network.
         SECTION 2.  Section 30A.104, Education Code, is amended to
  read as follows:
         Sec. 30A.104.  COURSE ELIGIBILITY IN GENERAL. (a) A course
  offered through the state virtual school network must:
               (1)  be in a specific subject that is part of the
  required curriculum under Section 28.002(a);
               (2)  be aligned with the essential knowledge and skills
  identified under Section 28.002(c) for a grade level at or above
  grade level three; and
               (3)  be the equivalent in instructional rigor and scope
  to a course that is provided in a traditional classroom setting
  during:
                     (A)  a semester of 90 instructional days; and
                     (B)  a school day that meets the minimum length of
  a school day required under Section 25.082.
         (b)  If the essential knowledge and skills with which an
  approved course is aligned in accordance with Subsection (a)(2) are
  modified, the provider school district or school must be provided
  the same time period to revise the course to achieve alignment with
  the modified essential knowledge and skills as is provided for the
  modification of a course provided in a traditional classroom
  setting.
         SECTION 3.  Section 30A.105, Education Code, is amended by
  adding Subsections (a-1) and (a-2) and amending Subsection (d) to
  read as follows:
         (a-1)  The administering authority shall publish the
  schedule established under Subsection (a)(1), including any
  deadlines specified in that schedule, and any guidelines applicable
  to the submission and approval process for electronic courses.
         (a-2)  The evaluation required by Subsection (a)(2) must
  include review of each electronic course component, including
  off-line material proposed to be used in the course.
         (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
  school district, open-enrollment charter school, or public or
  private institution of higher education that submitted the course
  for evaluation and approval may pay a fee equal to the amount of the
  costs in order to ensure that evaluation of the course occurs. The
  agency shall establish and publish a fee schedule for purposes of
  this subsection.
         SECTION 4.  Subchapter D, Chapter 30A, Education Code, is
  amended by adding Section 30A.153 to read as follows:
         Sec. 30A.153.  FOUNDATION SCHOOL PROGRAM FUNDING. (a) A
  school district or open-enrollment charter school in which a
  student is enrolled is entitled to funding under Chapter 42 for the
  student's enrollment in an electronic course offered through the
  state virtual school network in the same manner that the district or
  school is entitled to funding for the student's enrollment in
  courses provided in a traditional classroom setting, provided that
  the student successfully completes the electronic course.
         (b)  A school district or open-enrollment charter school in
  which a student is enrolled shall enter into an agreement with the
  provider school district or school for the payment to the provider
  school district or school of costs associated with the enrollment
  of the student in an electronic course.
         (c)  The administering authority, with the approval of the
  commissioner, shall adopt a standard agreement under Subsection (b)
  that governs payment of funds and other matters relating to a
  student's enrollment in an electronic course offered through the
  state virtual school network. A school district or open-enrollment
  charter school shall use the standard agreement unless:
               (1)  the district or school requests from the
  commissioner permission to modify the standard agreement; and
               (2)  the commissioner authorizes the modification.
         SECTION 5.  Subtitle F, Title 2, Education Code, is amended
  by adding Chapter 30B to read as follows:
  CHAPTER 30B. VIRTUAL HIGH SCHOOLS
         Sec. 30B.001.  CREATION OF VIRTUAL HIGH SCHOOLS. (a) The
  commissioner by rule shall establish a process under which an
  eligible entity, as determined by the commissioner, may submit an
  application to the commissioner for authorization to operate a
  virtual high school.
         (b)  A virtual high school authorized by the commissioner
  may:
               (1)  enroll eligible students on a full-time basis; and
               (2)  grant high school diplomas to students who meet
  the requirements for a diploma imposed under this title.
         Sec. 30B.002.  ELIGIBLE STUDENTS. (a) A student may enroll
  in a virtual high school on a full-time basis if the student resides
  in this state and is under 26 years of age.
         (b)  A virtual high school may also elect to admit:
               (1)  a student described by Subsection (a) on a
  part-time basis; or
               (2)  a student who resides in this state and is 26 years
  of age or older.
         Sec. 30B.003.  CURRICULUM. (a) A virtual high school shall
  permit students to enroll in courses provided through the state
  virtual school network under Chapter 30A in addition to courses
  offered directly by the virtual high school.
         (b)  A virtual high school may develop a community-based
  course in physical education or fine arts. A course developed under
  this subsection must be approved by the agency before the virtual
  high school may offer the class to a student for academic credit.
         Sec. 30B.004.  FUNDING. (a) For each student described by
  Section 30B.002(a) enrolled in the school, a virtual high school is
  entitled to allotments under Chapter 42 as if the school were a
  school district without a tier one local share for purposes of
  Section 42.253.
         (b)  A virtual high school is not entitled to allotments
  under Chapter 42 for students described by Section 30B.002(b). A
  virtual high school may:
               (1)  charge a fee for enrollment to students described
  by Section 30B.002(b); or
               (2)  use adult basic education funds to pay the costs of
  enrollment of students described by Section 30B.002(b)(2), if those
  funds are available for that purpose.
         SECTION 6.  Section 42.003(a), Education Code, is amended to
  read as follows:
         (a)  A student is entitled to the benefits of the Foundation
  School Program if, on September 1 of the school year, the student is
  5 years of age or older and under 21 years of age and has not
  graduated from high school, or is at least 21 years of age and under
  26 years of age and has been admitted by a virtual high school under
  Chapter 30B or a school district to complete the requirements for a
  high school diploma.
         SECTION 7.  Section 42.302(a), 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 [, 42.159,] or 42.160, 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 8.  Section 42.159, Education Code, is repealed.
         SECTION 9.  This Act takes effect September 1, 2011.