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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subsections (7)
and (8), Section 30A.001, Education Code, is amended to read as follows:
(7) ["Provider school
district or school"] "Course provider" means:
(A) a school district or
open-enrollment charter school that provides an electronic course through
the state virtual school network to:
(i) students enrolled in that
district or school; or
(ii) students enrolled in
another school district or school; [or]
(B) a public or private
institution of higher education that provides a course through the state
virtual school network;
(C) a nonprofit entity
that provides an electronic course through the state virtual school
network;
(D) a private entity that
provides an electronic course through the virtual school network; or
(E) a corporation that
provides an electronic professional development course through the virtual
school network.
(8)
"Public or private institution of higher education" means a
public or private institution of higher education as defined by 20 U.S.C.A.
§ 1001[:
(A) an institution of higher education, as defined by Section 61.003;
or
(B) a private or independent institution of higher education, as
defined by Section 61.003.]
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SECTION 3. Section
30A.001(7), Education Code, is amended to read as follows:
(7) "Course provider
[Provider school district or school]" means:
(A) a school district or
open-enrollment charter school that provides an electronic course through
the state virtual school network to:
(i) students enrolled in that
district or school; or
(ii) students enrolled in
another school district or school; [or]
(B) a public or private
institution of higher education, nonprofit entity, or private entity
that provides a course through the state virtual school network; or
(C) a corporation that
provides an electronic professional development course through the state
virtual school network.
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SECTION 2. Subsection (1),
Section 30A.003, Education Code, is amended.
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SECTION 4. Substantially the
same as introduced version.
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SECTION 3. Subsection (a),
Section 30A.007, Education Code, is amended to read as follows:
(a) A school district or
open-enrollment charter school shall adopt a policy that provides district
or school students with the opportunity to enroll in electronic courses
provided through the state virtual school network. The policy:
(1) may not limit the
number of electronic courses a student may take through the state virtual
school network, except as provided [must be consistent with the
requirements imposed] by Section 26.0031; and
(2) must permit students
to take an available electronic course if the school district or
open-enrollment charter does not offer a substantially similar course.
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No
equivalent provision but see SECTION 1 below.
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SECTION 4. Section 30A.053,
Education Code, is amended to read as follows:
Sec. 30A.053. DESIGNATION OF
ADMINISTERING AUTHORITY. The commissioner shall designate an agency
employee, [or] a group of agency employees, or contracted
entity, to act as the administering authority for the state virtual
school network.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 2. Subchapter Z,
Chapter 29, Education Code, is amended by adding Section 29.909 to read as
follows:
Sec. 29.909. DISTANCE
LEARNING COURSES. (a) A school district that provides a course through
distance learning and seeks to inform other school districts of the
availability of the course may submit information to the agency regarding
the course, including the number of positions available for student
enrollment in the course. The district may submit updated information at
the beginning of each semester.
(b) The agency shall make
information submitted under this section available on the agency's Internet
website.
(c) The commissioner may
adopt rules necessary to implement this section, including rules governing
student enrollment. The commissioner may not adopt rules governing course
pricing, and the price for a course shall be determined by the school
districts involved.
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No
equivalent provision.
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SECTION 5. Section
30A.056(a), Education Code, is amended to read as follows:
(a) Each contract between a course
provider [school district, an open-enrollment charter school, or a
public or private institution of higher education] and the
administering authority must:
(1) provide that the administering
authority may cancel the contract without penalty if legislative
authorization for the course provider [district, school, or
institution] to offer an electronic course through the state virtual
school network is revoked; and
(2) be submitted to the commissioner.
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SECTION 5. Section 30A.101,
Education Code, is amended to read as follows:
Sec. 30A.101. ELIGIBILITY TO
ACT AS A COURSE PROVIDER [SCHOOL DISTRICT OR SCHOOL].
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SECTION 6. The heading to
Section 30A.101, Education Code, is amended to read as follows:
Sec. 30A.101. ELIGIBILITY TO
ACT AS COURSE PROVIDER [SCHOOL DISTRICT OR SCHOOL].
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(a) A school district or open-enrollment charter school is
eligible to act as a course provider [school district] under
this chapter only if the district is rated acceptable or higher under Section 39.054.
[(b)
An open-enrollment charter school campus is eligible to act as a provider
under this chapter only if the campus is rated recognized or higher under
Section 39.072, except that a campus may act as a provider school to
students receiving educational services under the supervision of a juvenile
probation department, the Texas Youth Commission, or the Texas Department
of Criminal Justice if the campus is rated academically acceptable or
higher. A campus may serve as a provider school only:
(1) to a student within the school district in which the campus is
located or within its service area, whichever is smaller; or
(2) to another student:
(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.]
(c) a private, nonprofit,
or corporate entity is eligible to act as a course provider under this
chapter only if the provider;
(1) complies with all
applicable federal and state antidiscrimination laws;
(2) possesses prior,
successful experience offering online courses to elementary, middle, or
high school students as determined by the commissioner; and
(3) can demonstrate that
it is financially solvent.
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SECTION 7. Section 30A.101,
Education Code, is amended by amending Subsection (a) and adding
Subsections (b) and (c) to read as follows:
(a) A school district is
eligible to act as a course provider [school district] under
this chapter only if the district is rated acceptable [or higher] under Section 39.054.
(b) An open-enrollment charter school is eligible to act as a course
provider under this chapter only if the school is rated acceptable or
higher under Section 39.054, except that a school may act as a course
provider to students receiving educational services under the supervision
of a juvenile probation department, the Texas Youth Commission, or the
Texas Department of Criminal Justice if the school is rated academically
acceptable or higher. An open-enrollment charter school may serve as a
course provider only:
(1) to a student within its service area; 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.
(c) A nonprofit entity,
private entity, or corporation is eligible to act as a course provider
under this chapter only if the nonprofit entity, private entity, or
corporation:
(1) complies with all
applicable federal and state laws prohibiting discrimination;
(2) possesses prior
successful experience offering online courses to elementary, middle, junior
high, or high school students, as determined by the commissioner; and
(3) demonstrates financial
solvency.
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SECTION 6. Subsection (2),
Section 30A.102, Education Code, is amended to read as follows:
(2) using the criteria
required by Section 30A.103, evaluate electronic courses submitted by a course
provider [school district or school] to be offered through the
network;
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SECTION 8. Section 30A.102,
Education Code, is amended to read as follows:
Sec.
30A.102. LISTING OF ELECTRONIC COURSES. (a) The administering authority
shall:
(1)
publish the criteria required by Section 30A.103 for electronic courses
that may be offered through the state virtual school network;
(2) using the criteria
required by Section 30A.103, evaluate electronic courses submitted by a course
provider [school district or school] to be offered through the
network;
(3)
create a list of electronic courses approved by the administering
authority; and
(4)
provide public access to the list of approved electronic courses offered
through the network and a detailed description of the courses that complies
with Section 30A.108.
(b)
To ensure that a full range of electronic courses, including advanced
placement courses, are offered to students in this state, the administering
authority:
(1)
shall create a list of those subjects and courses designated by the board under
Subchapter A, Chapter 28, for which the board has identified essential
knowledge and skills or for which the board has designated content
requirements under Subchapter A, Chapter 28;
(2)
shall enter into agreements with school districts, open-enrollment charter
schools, [and] public or private institutions of higher education,
and other eligible entities for the purpose of offering the courses
through the state virtual school network; and
(3)
may develop or authorize the development of additional electronic courses
that:
(A)
are needed to complete high school graduation requirements; and
(B)
are not otherwise available through the state virtual school network.
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SECTION 7. Subsection (c),
Section 30A.1021, Education Code, is amended.
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SECTION 9. Same as introduced
version except for recitation.
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SECTION 8. Subsection (a),
Section 30A.103, Education Code, is amended.
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SECTION 10. Same as
introduced version except for recitation.
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SECTION 9. Subsection (b),
Section 30A.104, Education Code, is amended.
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SECTION 11. Same as
introduced version except for recitation.
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No
equivalent provision.
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SECTION 12. Sections
30A.1041(a) and (b), Education Code, are amended to read as follows:
(a) A school district,
open-enrollment charter school, [or] public or private institution
of higher education, or other eligible entity may seek approval to
offer through the state virtual school network the classroom portion of a
driver education and traffic safety course that complies with the
requirements for the program developed under Section 29.902.
(b) A school district,
open-enrollment charter school, [or] public or private institution
of higher education, or other eligible entity may not offer through
the state virtual school network the laboratory portion of a driver
education and traffic safety course.
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SECTION 10. Chapter 30A,
Education Code, is amended by adding Section 30A.1042, to read as follows:
Sec. 30A.1042. RECIPROCAL
AGREEMENTS WITH OTHER STATES. (a) The state
virtual school network may enter into a reciprocity agreement with
one or more states to facilitate expedited course eligibility approval.
(b) An agreement entered into under this section must ensure
that any course approved for reciprocal
eligibility meets the requirements of Subsection 30A.104A(a)(3).
(c) Notwithstanding any other provision in this
section, a course will be evaluated to ensure compliance with
Subsections 30A.104A(a)(1) and (a)(2) before being offered through the
state virtual school network.
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SECTION 13. Subchapter C,
Chapter 30A, Education Code, is amended by adding Section 30A.1042 to read
as follows:
Sec. 30A.1042. RECIPROCITY
AGREEMENTS WITH OTHER STATES. (a) The administering
authority may enter into a reciprocity agreement with one or more other states to facilitate expedited course
approval.
(b) An agreement under
this section must ensure that any course approved in accordance with the agreement:
(1) is evaluated to ensure
compliance with Sections 30A.104(a)(1) and (2) before the course may be
offered through the state virtual school network; and
(2) meets the requirements
of Section 30A.104(a)(3).
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No
equivalent provision.
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SECTION 14. Section 30A.105,
Education Code, is amended by amending Subsection (d) and adding Subsection
(e) to read as follows:
(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, or other eligible
entity 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.
(e) The administering
authority shall require a course provider to apply for renewed approval of
a previously approved course in accordance with a schedule designed to
coincide with revisions to the required curriculum under Section 28.002(a) but
not later than the 10th anniversary of the previous approval.
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No
equivalent provision.
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SECTION 15. Subchapter C,
Chapter 30A, Education Code, is amended by adding Section 30A.1052 to read
as follows:
Sec. 30A.1052. INDUCEMENTS
FOR ENROLLMENT PROHIBITED. (a) A course provider may not promise or provide
equipment or any other thing of value to a student or a student's parent as
an inducement for the student to enroll in an electronic course offered
through the state virtual school network.
(b) The commissioner shall
revoke approval under this chapter of electronic courses offered by a
course provider that violates this section.
(c) The commissioner's
action under this section is final and may not be appealed.
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SECTION 11. Subsection (a),
Section 30A.106, Education Code, is amended.
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SECTION 16. Same as
introduced version except for recitation.
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SECTION 12. Subsections (a),
(b) and (c), 30A.107, Education Code, are amended to read as follows:
(a) A course provider
[school district or school] may offer electronic courses to:
(1) students and adults who
reside in this state; [and]
(2) students who reside
outside this state and who meet the eligibility requirements under Section
30A.002(c); and
(3) students who reside in a state that has entered into a reciprocity
agreement with this state under Section 30A.1042.
(b)
A student who is enrolled in a school district or open-enrollment charter
school in this state as a full-time student may take one or more electronic
courses through the state virtual school network. The commissioner may
not limit the number of electronic courses a student to whom this
subsection applies may take through the state virtual school network.
(c)
A student who resides in this state but who is not enrolled in a school
district or open-enrollment charter school in this state as a full-time
student may, subject to Section 30A.155, enroll in electronic courses
through the state virtual school network. A student to whom this subsection
applies:
(1)
[may not in any semester enroll in more than two electronic courses
offered through the state virtual school network;
(2)] is not considered to be
a public school student;
[(3)]
(2) must obtain access to a course provided through the network
through the school district or open-enrollment charter school attendance
zone in which the student resides;
[(4)]
(3) is not entitled to enroll in a course offered by a school
district or open-enrollment charter school other than an electronic course
provided through the network; and
[(5)]
(4) is not entitled to any right, privilege, activities, or services
available to a student enrolled in a public school, other than the right to
receive the appropriate unit of credit for completing an electronic course.
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SECTION 17. Section
30A.107(a), Education Code, is amended to read as follows:
(a) A course provider
[school district or school] may offer electronic courses to:
(1) students and adults who
reside in this state; and
(2) students who reside
outside this state and who meet the eligibility requirements under Section
30A.002(c).
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SECTION 13. Subsection
30A.108(b), Education Code, is amended.
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SECTION 18. Substantially the
same as introduced version.
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SECTION 14. Section 30A.114,
Education Code, is amended.
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SECTION 19. Substantially the
same as introduced version.
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SECTION 15. Section 30A.153,
Education Code, is amended to read as follows:
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 or in accordance
with the terms of a charter granted under Section 12.101 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) The commissioner[,
after considering comments from school district and open-enrollment charter
school representatives,] shall negotiate an agreement with each
eligible course provider [adopt a standard agreement] that
governs the costs, payment of funds, and other matters
relating to a student's enrollment in an electronic course offered through
the state virtual school network. [The
agreement may not require a school district or open-enrollment charter
school to pay the provider the full amount until the student has
successfully completed the electronic course.]
(c) A school district or
open-enrollment charter school shall use the [standard] applicable
agreement adopted under Subsection (b)
unless:
(1) the district or school
requests from the commissioner permission to modify the [standard]
agreement; and
(2) the commissioner
authorizes the modification.
(d)
The commissioner shall adopt rules necessary to implement this section,
including rules regarding attendance accounting.
(e) Notwithstanding subsections (b) and (c), an agreement under
subsection (b) or (c) may not require a school district or open-enrollment
charter school to pay the course provider more than fifty percent of the
course cost prior to the student successfully completing the electronic
course.
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SECTION 20. Sections
30A.153(a), (b), and (c), Education Code, are amended to read as follows:
(a) A school district or
open-enrollment charter school in which a student is enrolled is entitled
to funding under Chapter 42 or in accordance with the terms of a charter
granted under Section 12.101 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) The commissioner[,
after considering comments from school district and open-enrollment charter
school representatives,] shall negotiate an agreement with each
course provider [adopt a standard agreement] that governs the
costs, payment of funds, and other matters relating to a
student's enrollment in an electronic course offered through the state
virtual school network. The agreement may not
require a school district or open-enrollment charter school to pay the
provider the full amount until the student has successfully completed the
electronic course, and the full amount may not exceed the limits
specified by Section 30A.105(b).
(c) A school district or
open-enrollment charter school shall use the applicable [standard]
agreement negotiated [adopted] under Subsection (b)
unless:
(1) the district or school
requests from the commissioner permission to modify the [standard]
agreement; and
(2) the commissioner
authorizes the modification.
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SECTION 16. Subsection (c-1),
Section 30A.155, Education Code, is amended to read as follows:
(c-1) A school district or
open-enrollment charter school that is not the course 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.
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SECTION 21. Sections
30A.155(a) and (c-1), Education Code, are amended 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 with[; 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; or
(2) elects to enroll in an electronic course provided through the
network for which the school district or open-enrollment charter school in
which the student is enrolled as a full-time student declines to pay the
cost, as authorized by Section 26.0031(c-1).
(c-1) A school district or
open-enrollment charter school that is not the course 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.
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SECTION 17. Subsections (b),
(c), and (d), Section 26.0031, Education Code are amended to read as
follows:
(b) Except as provided by
Subsection (c), a [A] school district or open-enrollment charter
school in which a student is enrolled as a full-time student may not [unreasonably]
deny the request of a parent of a student to enroll the student in an
electronic course offered through the state virtual school network under
Chapter 30A.
(c) [For purposes of
Subsection (b), a] A school district or open-enrollment charter
school [is not considered to have unreasonably denied] may deny
a request to enroll a student in an electronic course if[:
(1) the district or school
can demonstrate that the course does not meet state standards or standards
of the district or school that are of equivalent rigor as the district's or
school's standards for the same course provided in a traditional classroom
setting;
(2) a student attempts to enroll in a course load that:
(A) is inconsistent with the student's high school graduation plan; or
(B) could reasonably be
expected to negatively affect the student's performance on an assessment
instrument administered under Section 39.023; or
(3)] the student
requests permission to enroll in an electronic course at a time that is not
consistent with the enrollment period established by the school district or open-enrollment charter school
providing the course.
(d) Notwithstanding
Subsection (c)[(3)], a school district
or open-enrollment charter school that provides an electronic course
through the state virtual school network under Chapter 30A shall make all
reasonable efforts to accommodate the enrollment of a student in the course
under special circumstances.
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SECTION 1. Section 26.0031,
Education Code, is amended by amending Subsections (b), (c), and (d) and
adding Subsection (c-1) to read as follows:
(b) Except as provided by
Subsection (c), a [A] school district or open-enrollment charter
school in which a student is enrolled as a full-time student may not [unreasonably]
deny the request of a parent of a student to enroll the student in an
electronic course offered through the state virtual school network under
Chapter 30A.
(c) A [For purposes
of Subsection (b), a] school district or open-enrollment charter school
may deny [is not considered to have unreasonably denied] a
request to enroll a student in an electronic course if:
(1) [the district or
school can demonstrate that the course does not meet state standards or
standards of the district or school that are of equivalent rigor as the
district's or school's standards for the same course provided in a
traditional classroom setting;
[(2)]
a student attempts to enroll in a course load that[:
[(A)]
is inconsistent with the student's high school graduation plan or
requirements for college admission or earning an industry certification;
[or
[(B) could reasonably be
expected to negatively affect the student's performance on an assessment
instrument administered under Section 39.023; or]
(2) [(3)] the
student requests permission to enroll in an electronic course at a time
that is not consistent with the enrollment period established by the entity [school
district or open-enrollment charter school] providing the course;
or
(3) the district or school offers a substantially similar course.
(c-1) A school district or open-enrollment charter school may decline
to pay the cost for a student of more than three yearlong electronic
courses, or the equivalent, during any school year. This subsection does
not limit the ability of the student to enroll in additional electronic
courses at the student's cost.
(d) Notwithstanding
Subsection (c)(2) [(c)(3)], an entity [a school
district or open-enrollment charter school] that provides an
electronic course through the state virtual school network under Chapter
30A shall make all reasonable efforts to accommodate the enrollment of a
student in the course under special circumstances.
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No
equivalent provision but see SECTION 5 above.
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SECTION 22. Section
30A.101(b), Education Code, as amended by Chapters 895 (H.B. 3) and 1328
(H.B. 3646), Acts of the 81st Legislature, Regular Session, 2009, is
repealed.
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SECTION 18. This Act applies
beginning with the 2013-2014 school year.
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SECTION 23. Same as
introduced version.
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SECTION 19. EFFECTIVE DATE. 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, the Act takes effect September 1, 2013.
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SECTION 24. Substantially the
same as introduced version.
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