82R9976 TRH-F

By: Guillen H.B. No. 3280

A BILL TO BE ENTITLED

AN ACT

relating to additional virtual instruction at public and private elementary and secondary schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 2, Education Code, is amended by adding Chapter 30B to read as follows:

CHAPTER 30B. ADDITIONAL VIRTUAL INSTRUCTION

Sec. 30B.001. DEFINITIONS. In this chapter:

(1) "College or university charter school" means a school that has been granted a charter under Subchapter E, Chapter 12.

(2) "Home-schooled student" means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent or a person standing in parental authority, in or through the child's home.

(3) "Private or independent institution of higher education," "public junior college," and "public senior college or university" have the meanings assigned by Section 61.003.

(4) "Private school student" means a student who attends a private school.

(5) "Public institution" means a school district, open-enrollment charter school, college or university charter school, public senior college or university, or public junior college.

Sec. 30B.002. PROVISION OF INSTRUCTION. (a) Except as provided by Subsection (c), a public institution, private or independent institution of higher education, or a private school may offer for credit an electronic course or program:

(1) that includes use of:

(A) the Internet;

(B) computer software;

(C) online services; or

(D) another electronic medium or means of conveying information;

(2) in which a student and teacher are in different locations for a majority of the student's instructional period; and

(3) in which a student is not required to be located on the physical premises of a school district or open-enrollment charter school or the institution or school providing the course or program.

(b) An electronic course or program offered by a public institution under this chapter must include the essential knowledge and skills and any other content requirements identified under Subchapter A, Chapter 28.

(c) If the commissioner finds that an electronic course or program offered under this chapter does not meet the requirements of Subsection (b), the commissioner may prohibit the provider from offering the electronic course or program under this chapter. An order by the commissioner under this subsection may be appealed to the State Board of Education. The finding of the board is final.

(d) A school district or open-enrollment charter school may offer an electronic course or program under this chapter only if the district is rated acceptable under Section 39.054.

(e) An electronic course or program offered under this chapter may be offered to any public school student, home-schooled student, or private school student in this state or to any student outside this state.

Sec. 30B.003. COURSES OFFERED BY SCHOOL DISTRICT, OPEN-ENROLLMENT CHARTER SCHOOL, OR COLLEGE OR UNIVERSITY CHARTER SCHOOL. (a) A school district, open-enrollment charter school, or college or university charter school:

(1) may not charge tuition for participation in an electronic course or program offered under this chapter; and

(2) shall charge a student a fee comparable to a fee charged to a regularly enrolled student for participating in the electronic course or program.

(b) A school district, open-enrollment charter school, or college or university charter school may include a home-schooled or private school student participating in an electronic course or program offered under this chapter as a student in the attendance of the district or school for that day. The student's attendance shall be included in proportion to the amount of time the student receives services or participates in an electronic course or program, as determined under rules adopted by the commissioner.

(c) A school district, open-enrollment charter school, or college or university charter school may include a student enrolled in the district or school who is participating in an electronic course or program offered under this chapter by another district or school as a student in the attendance of the district or school for that day.

(d) A school district, open-enrollment charter school, or college or university charter school offering an electronic course or program under this chapter may by contract with another district, open-enrollment charter school, or college or university charter school charge the other district or school a fee for participation in the course or program by a student enrolled in the other district or school. A student who is participating in an electronic course or program offered under this subsection shall be counted as a student for that day in the attendance of the district or school in which the student is enrolled.

Sec. 30B.004. COURSES OFFERED BY PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION OR PRIVATE SCHOOL. (a) A public senior college or university, public junior college, private or independent institution of higher education, or private school may charge tuition for participation in an electronic course or program offered under this chapter.

(b) The tuition charged under Subsection (a) must equal 75 percent of the average amount of state and local funds for maintenance and operations a school district receives for a student in average daily attendance for the amount of time the student receives services or participates in the electronic course or program, as determined under rules adopted by the commissioner.

(c) The tuition charged under Subsection (a) may be charged:

(1) by contract to a school district, open-enrollment charter school, or college or university charter school whose student takes an electronic course or program offered under this chapter; or

(2) to the state under this program through a scholarship based on enrollment of eligible students.

Sec. 30B.005. PARTICIPATION. The institution or school providing an electronic course or program under this chapter shall adopt procedures for verifying the participation of a student enrolled in the course or program.

Sec. 30B.006. APPLICABILITY OF ACCOUNTABILITY REQUIREMENTS. Chapter 39 applies to an electronic course or program offered by a school district or open-enrollment charter school under this chapter in the same manner in which that chapter applies to any other course or program offered by the district or school.

Sec. 30B.007. PARTICIPATING SCHOOL AUTONOMY. A participating private or independent institution of higher education or private school is autonomous and not an agent of the state or federal government. The Texas Education Agency or any other state agency may not in any way regulate the educational program of a participating private or independent institution of higher education or private school that accepts a virtual education scholarship. The creation of a program under this chapter does not expand the regulatory authority of the state, its officers, or a school district to impose an additional regulation of nonpublic institutions or schools beyond those necessary to enforce the requirements of the program.

SECTION 2. Chapter 30B, Education Code, as added by this Act, applies beginning with the 2011-2012 school year.

SECTION 3. 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, 2011.