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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 and virtual high |
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schools. |
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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 school |
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district or open-enrollment charter school shall adopt a policy |
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that provides district or school students with the opportunity to |
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enroll in electronic courses provided through the state virtual |
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school network. The policy must be consistent with the |
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requirements imposed by Section 26.0031. |
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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provide students who have completed or withdrawn from electronic |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. Subtitle F, Title 2, Education Code, is amended |
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by adding Chapter 30B to read as follows: |
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CHAPTER 30B. VIRTUAL HIGH SCHOOLS |
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Sec. 30B.001. CREATION OF VIRTUAL HIGH SCHOOLS. (a) The |
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commissioner by rule shall establish a process under which an |
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eligible entity that seeks to operate a virtual high school must |
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submit an application to the commissioner for authorization. |
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(b) The commissioner may authorize not more than 10 virtual |
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high schools. |
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(c) A virtual high school must be accredited in a manner |
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comparable to the manner in which a school district is accredited |
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under Subchapter C, Chapter 39. |
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(d) A virtual high school authorized by the commissioner and |
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accredited as required by Subsection (c) may: |
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(1) grant high school diplomas to students who meet |
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the requirements for a diploma imposed under this title, including |
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requirements imposed by rules adopted under this title; and |
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(2) act as a provider school district or school under |
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Chapter 30A, notwithstanding Section 30A.001(7). |
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(e) If the commissioner determines that the costs of |
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evaluating an application for authorization to operate a virtual |
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high school cannot be paid by the agency due to a shortage of funds |
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available for that purpose, the eligible entity that submitted the |
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application may pay a fee equal to the amount of the costs in order |
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to ensure that evaluation of the application occurs. The agency |
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shall establish and publish a fee schedule for purposes of this |
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subsection. |
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Sec. 30B.002. ELIGIBLE ENTITIES. The following entities |
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are eligible to apply for authorization to operate a virtual high |
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school: |
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(1) a school district; |
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(2) an open-enrollment charter school; |
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(3) a public junior college, as defined by Section |
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61.003; and |
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(4) a public senior college or university, as defined |
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by Section 61.003. |
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Sec. 30B.003. ELIGIBLE STUDENTS. (a) Subject to |
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Subsection (b), a student may enroll in a virtual high school if the |
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student resides in this state, is under 26 years of age, and is not |
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enrolled in another public school. |
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(b) At the time of initial enrollment in a virtual high |
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school, a student described by Subsection (a) is eligible to enroll |
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only if the student was enrolled in a public school in this state in |
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the preceding school year. |
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(c) A virtual high school may also elect to admit a student |
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who resides in this state and is 26 years of age or older. |
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Sec. 30B.004. CURRICULUM. (a) A virtual high school shall |
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permit students to enroll in courses provided through the state |
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virtual school network under Chapter 30A in addition to courses |
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offered directly by the virtual high school. |
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(b) A course or program offered by a virtual high school |
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must include the essential knowledge and skills and any other |
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content required under Subchapter A, Chapter 28. If the |
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commissioner finds that a course or program does not comply with |
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this subsection, the commissioner may prohibit the virtual high |
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school from offering the course or program. |
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(c) A virtual high school may develop a community-based |
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course in physical education or fine arts. A course developed under |
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this subsection must be approved by the agency before the virtual |
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high school may offer the class to a student for academic credit. |
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Sec. 30B.005. ACCOUNTABILITY. (a) A virtual high school |
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is subject to Subchapter B, Chapter 39, and the eligible entity |
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authorized to operate the virtual high school shall comply with the |
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procedures established under Section 39.0301 in addition to all |
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other applicable requirements. For purposes of assessment |
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instruments administered by a virtual high school, the commissioner |
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may modify the procedures established under Section 39.0301 if |
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necessary. |
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(b) The commissioner shall assign a virtual high school a |
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performance rating under Section 39.054 on the basis of the |
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performance of students enrolled in the virtual high school under |
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Section 30B.003(a). The commissioner may not use the alternative |
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performance criteria under Section 39.054(d-1) for purposes of this |
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subsection. |
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Sec. 30B.006. SANCTIONS. (a) If a virtual high school |
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fails to satisfy accreditation criteria under Section 39.052, |
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academic performance standards under Section 39.053 or 39.054, or |
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any financial accountability standard, as determined by the |
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commissioner, the commissioner shall take any of the following |
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actions to the extent the commissioner determines necessary: |
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(1) order the virtual high school to issue public |
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notice of the deficiency to a parent of or person standing in |
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parental relationship to each student enrolled in the virtual high |
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school; |
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(2) order the preparation of a student achievement |
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improvement plan that addresses each student achievement indicator |
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under Section 39.053(c) for which the virtual high school's |
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performance is insufficient, the submission of the plan to the |
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commissioner for approval, and implementation of the plan; |
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(3) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the chief executive officer |
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of the eligible entity authorized to operate the virtual high |
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school, or that officer's designee, shall appear and explain the |
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virtual high school's low performance, lack of improvement, and |
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plans for improvement; or |
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(4) appoint an agency monitor to participate in and |
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report to the agency on the activities of the eligible entity |
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authorized to operate the virtual high school. |
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(b) If the virtual high school fails for three consecutive |
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years to satisfy accreditation criteria under Section 39.052, |
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academic performance standards under Section 39.053 or 39.054, or |
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any financial accountability standard, as determined by the |
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commissioner, the commissioner shall revoke the authorization to |
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operate the virtual high school. |
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Sec. 30B.007. FUNDING. (a) Subject to Subsection (c), a |
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virtual high school is entitled to funding under Chapter 42 for each |
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student in weighted average daily attendance, excluding enrichment |
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funding under Section 42.302, as if the school were a school |
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district without a tier one local share for purposes of Section |
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42.253 and without any local revenue for purposes of Section |
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42.2516. In determining funding under this subsection, adjustments |
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under Sections 42.102, 42.103, 42.104, and 42.105 are based on the |
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average adjustment for the state. |
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(b) Subject to Subsection (c), in addition to the funding |
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provided under Subsection (a), a virtual high school is entitled to |
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receive enrichment funding under Section 42.302 based on the state |
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average tax effort. |
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(c) A virtual high school may not receive funding under this |
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section: |
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(1) for students described by Section 30B.003(c); or |
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(2) on the basis of a student's enrollment in a course |
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that the student does not successfully complete. |
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(d) A virtual high school may: |
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(1) charge a fee for enrollment to students described |
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by Section 30B.003(c); or |
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(2) use adult basic education funds to pay the costs of |
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enrollment of students described by Section 30B.003(c), if those |
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funds are available for that purpose. |
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(e) If the commissioner revokes a virtual high school's |
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authorization under Section 30B.006(b), the commissioner shall |
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immediately discontinue funding to the virtual high school under |
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this section. |
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Sec. 30B.008. RULES. The commissioner may adopt rules |
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necessary to implement this chapter, including rules governing |
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student admission, verification of the participation of a student |
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enrolled in a course or program of a virtual high school, course |
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completion criteria, assessment administration, attendance |
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accounting, funding, financial accountability, and intervention |
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and sanctions for virtual high schools. |
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SECTION 7. Subsection (a), Section 42.003, Education Code, |
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is amended to read as follows: |
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(a) A student is entitled to the benefits of the Foundation |
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School Program if, on September 1 of the school year, the student is |
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5 years of age or older and under 21 years of age and has not |
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graduated from high school, or is at least 21 years of age and under |
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26 years of age and has been admitted by a virtual high school under |
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Chapter 30B or a school district to complete the requirements for a |
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high school diploma. |
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SECTION 8. Subsection (a), Section 42.302, Education Code, |
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is amended to 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 9. Section 42.159, Education Code, is repealed. |
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SECTION 10. This Act takes effect September 1, 2011. |
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