83R4070 JSL-D

By: Hegar, Patrick S.B. No. 1298

A BILL TO BE ENTITLED

AN ACT

relating to the provision of electronic courses in public schools, electronic assessment of public school students, the state virtual school network, and school district digital capabilities.

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

SECTION 1. Section 28.023, Education Code, is amended to read as follows:

Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines established by the State Board of Education, a school district shall develop or select for board review examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects. The guidelines must provide for the examinations to thoroughly test comprehension of the information presented in the applicable grade level or subject, and must require a school district to develop multiple versions of an examination for a particular grade level or subject for each subsequent administration of the examination in the same school year. The board shall approve examinations that satisfy board guidelines.

(b) A school district shall give a student in a primary grade level credit for a grade level and advance the student one grade level on the basis of a board-approved examination for acceleration if:

(1) the student scores in the 90th percentile or above on each section of the examination; and

(2) [a district representative recommends that the student be advanced; and

[(3)] the student's parent or guardian gives written approval of the advancement.

(c) A school district shall give a student in grade level six or above credit for a subject on the basis of a board-approved examination for credit in the subject if the student scores in the 90th percentile or above on the examination. If a student is given credit in a subject on the basis of an examination, the district shall enter the examination score on the student's transcript, and the student is not required to take an end-of-course assessment instrument adopted under Section 39.023(c) for that subject.

(d) Each district shall administer each examination:

(1) not later than the 30th day after the date the district receives a written request from the student's parent, if the test is offered electronically; and

(2) on at least four scheduled occasions per year, if the examination is not offered electronically [not less than once a year, at times to be determined by the State Board of Education].

SECTION 2. Section 28.025(b-1), Education Code, is amended to read as follows:

(b-1) The State Board of Education by rule shall require that:

(1) except as provided by Subsection (b-2), the curriculum requirements for the recommended and advanced high school programs under Subsection (a) include a requirement that students successfully complete:

(A) four credits in each subject of the foundation curriculum under Section 28.002(a)(1), including at least one-half credit in government and at least one-half credit in economics to meet the social studies requirement;

(B) for the recommended high school program, two credits in the same language in a language other than English under Section 28.002(a)(2)(A) and, for the advanced high school program, three credits in the same language in a language other than English under Section 28.002(a)(2)(A); and

(C) for the recommended high school program, six elective credits and, for the advanced high school program, five elective credits;

(2) one or more credits offered in the required curriculum for the recommended and advanced high school programs include a research writing component; and

(3) the curriculum requirements for the minimum, recommended, and advanced high school programs under Subsection (a) include a requirement that students successfully complete:

(A) one credit in fine arts under Section 28.002(a)(2)(D); [and]

(B) except as provided by Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(C); and

(C) one credit earned in an electronic course taken in the sixth or a higher grade and offered:

(i) through the state virtual school network;

(ii) by the student's school; or

(iii) pursuant to an articulation agreement between the student's school and a college, university, or technical school for a dual enrollment course.

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 that provides a course through the state virtual school network; or

(C) any other entity that provides a course through the state virtual school network and that satisfies eligibility requirements under Section 30A.101(c).

SECTION 4. Section 30A.002(c), Education Code, is amended to read as follows:

(c) Notwithstanding Subsection (a)(3) [or (b)], a student is eligible to enroll in one or more courses provided through the state virtual school network or enroll full-time in courses provided through the network if the student:

(1) is a dependent of a member of the United States military;

(2) was previously enrolled in high school in this state; and

(3) does not reside in this state due to a military deployment or transfer.

SECTION 5. Section 30A.003, Education Code, is amended to read as follows:

Sec. 30A.003. PROVISION OF COMPUTER EQUIPMENT OR INTERNET SERVICE. This chapter does not:

(1) require a school district, an open-enrollment charter school, a course provider [school district or school], or the state to provide a student with home computer equipment or Internet access for a course provided through the state virtual school network; or

(2) prohibit a school district or open-enrollment charter school from providing a student with home computer equipment or Internet access for a course provided through the state virtual school network.

SECTION 6. Section 30A.007, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A school district or open-enrollment charter school shall adopt a policy that provides district or school students in kindergarten through grade 12 with the opportunity to enroll part-time or full-time in electronic courses provided through various means, including:

(1) courses provided through the state virtual school network;

(2) other virtual courses provided by a school district or open-enrollment charter school for students attending that district or school; and

(3) virtual courses provided by a school district other than the one in which the student resides, or an open-enrollment charter school that the student does not attend.

(a-1) The policy adopted under Subsection (a) must be consistent with the requirements imposed by Section 26.0031.

SECTION 7. 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 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.

SECTION 8. 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].

SECTION 9. Section 30A.101(a), Education Code, is amended to read as follows:

(a) In addition to satisfying eligibility requirements under Subsection (c), 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.

SECTION 10. 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 reenacted and amended to read as follows:

(b) In addition to satisfying eligibility requirements under Subsection (c), an [An] open-enrollment charter school campus is eligible to act as a course provider [school] under this chapter only if the campus was awarded a distinction designation under Subchapter G, Chapter 39, for the most recent year for which accountability ratings are available [is rated recognized or higher under Section 39.072], except that a campus may act as a course provider [school] to students receiving educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department [Youth Commission], or the Texas Department of Criminal Justice if the campus is rated [academically] acceptable under Section 39.054 [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 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].

SECTION 11. Section 30A.101, Education Code, is amended by adding Subsections (c), (d), and (e) to read as follows:

(c) An entity that provides virtual education, including a school district, an open-enrollment charter school, a private elementary or secondary institution, an education service agency, a private or nonprofit education provider, and a corporation that offers vocational or technical course work in the corporation's field may be a course provider if:

(1) the entity applies to the administering authority;

(2) the entity complies with all local, state, and federal discrimination prohibitions;

(3) the entity has adopted measures to ensure that the entity's courses maintain alignment with the essential knowledge and skills requirements identified or content requirements established under Subchapter A, Chapter 28, or with any other quality-related criteria the commissioner has established under Section 30A.103(b);

(4) the entity satisfies any other criteria that the commissioner establishes, including accreditation requirements or course quality standards; and

(5) the administering authority approves the entity's application.

(d) In addition to satisfying eligibility requirements under Subsection (c), an entity that is not a school district or open-enrollment charter school is eligible to be a course provider only if the entity possesses prior successful experiences offering online courses that demonstrate student learning gains in each subject and grade level for which the entity provides courses.

(e) Once approved, a course provider shall:

(1) annually provide to the commissioner student performance results for each subject area and grade level for which the entity provides courses;

(2) continually make available to the commissioner and the public detailed and updated curriculum and student performance accountability plans for each subject area and grade level for which the entity provides courses; and

(3) keep published on the entity's Internet website:

(A) updated information and data about the curriculum of each course the entity offers and about any full-time or part-time program the entity offers;

(B) updated policies and procedures for each course;

(C) any relevant certifications, licenses, and accreditations of the entity;

(D) the physical location of all administrative and instructional personnel;

(E) the times at which instructional personnel are available to students and parents;

(F) student-teacher ratios for each of the entity's courses;

(G) student completion and promotion rates for students enrolled in the entity's courses; and

(H) student, educator, and school performance accountability outcomes.

SECTION 12. Subchapter C, Chapter 30A, Education Code, is amended by adding Section 30A.1011 to read as follows:

Sec. 30A.1011. DURATION OF APPROVAL STATUS; APPROVAL MONITORING AND REPORTING. (a) An entity that is approved as a course provider may operate as a course provider for an initial authorization period lasting until the end of the third full school year after the course provider's approval.

(b) At the expiration of an initial authorization period, the administering authority may approve a course provider for subsequent authorization periods using eligibility criteria under Section 30A.101. A subsequent authorization period may not be for less than three or more than 10 school years.

(c) Following the second full school year of an initial authorization period, the administering authority shall review the course provider's activities and the academic performance of the students enrolled in courses offered by the course provider using applicable accountability provisions under Chapter 39. If the course provider does not comply with applicable standards established by the commissioner, the administering authority shall place the course provider on probation. A course provider on probation:

(1) may continue to offer electronic courses for the remainder of the authorization period;

(2) shall submit to the administering authority an improvement plan in accordance with rules adopted by the commissioner;

(3) shall publish on the provider's Internet website its probationary status along with a copy of the improvement plan submitted to the administering authority; and

(4) may be removed from probation after the provider is able to demonstrate to the administering authority the provider's compliance with applicable accountability provisions under Chapter 39.

(d) The administering authority shall continually monitor and evaluate the course provider in accordance with performance standards established by the commissioner using student academic performance as the main criterion.

SECTION 13. 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) publish in a prominent location on the state virtual school network's Internet website [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 course providers [school districts, open-enrollment charter schools, and public or private institutions of higher education] 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 or enter into contracts with course providers for licensing, development, or purchasing of additional electronic courses that:

(A) are needed to allow students to:

(i) complete high school graduation requirements; or

(ii) achieve state academic standards for any grade; and

(B) are not otherwise available through the state virtual school network.

(c) The administering authority shall develop a comprehensive course numbering system for all courses offered through the state virtual school network to ensure, to the greatest extent possible, consistent numbering of similar courses offered across all course providers.

SECTION 14. Section 30A.1021(c), Education Code, is amended to read as follows:

(c) The administering authority shall provide public access to the comments submitted by students and parents under this section. The comments must be in a format that permits a person to sort the comments by teacher, electronic course, and course provider [school district or school].

SECTION 15. Section 30A.103(a), Education Code, is amended to read as follows:

(a) The board by rule shall establish an objective standard criteria for an electronic course to ensure alignment with the essential knowledge and skills requirements identified or content requirements established under Subchapter A, Chapter 28. The criteria may not permit the administering authority to prohibit course providers [provider school districts or schools] from applying for approval for an electronic course for a course for which essential knowledge and skills have been identified.

SECTION 16. Sections 30A.104(a) and (b), Education Code, are amended to read as follows:

(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 kindergarten through grade 12 [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 course 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 17. Section 30A.1041, Education Code, is amended to read as follows:

Sec. 30A.1041. DRIVER EDUCATION COURSES. (a) A course provider [school district, open-enrollment charter school, or public or private institution of higher education] 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 course provider [school district, open-enrollment charter school, or public or private institution of higher education] may not offer through the state virtual school network the laboratory portion of a driver education and traffic safety course.

(c) A driver education and traffic safety course offered in compliance with this section must be the equivalent in instructional rigor and scope to a course that is provided in a traditional classroom setting [for a period of 56 hours].

SECTION 18. Section 30A.105, Education Code, is amended by amending Subsections (a), (a-1), (c), and (d) and adding Subsection (a-3) to read as follows:

(a) The administering authority shall:

(1) establish a [schedule for an annual] submission and approval process for electronic courses that occurs on a rolling basis;

(2) evaluate electronic courses to be offered through the state virtual school network; and

(3) not later than the 90th day after the date the course was submitted for approval [August 1 of each year], either:

(A) approve an electronic course [courses] that:

(i) meets [(A) meet] the criteria established under Section 30A.103; and

(ii) provides [(B) provide] the minimum instructional rigor and scope required under Section 30A.104; or

(B) if the administering authority does not approve an electronic course, provide to the course provider that submitted the course a written explanation of the reason for which the course was not approved.

(a-1) The administering authority shall publish the submission and approval process for electronic courses [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-3) If the administering authority determines that changes may be made to a proposed course to either improve the course or bring the course into compliance with established eligibility criteria, the administering authority may grant approval of that course that is conditional on the course provider implementing the changes identified by the administering authority.

(c) The agency shall pay the reasonable costs of evaluating and approving electronic courses. If funds available to the agency for that purpose are insufficient to pay the costs of evaluating and approving all electronic courses submitted for evaluation and approval, the agency shall give priority to paying the costs of evaluating and approving the following courses:

(1) courses that satisfy high school graduation requirements;

(2) courses that would likely benefit a student in obtaining admission to a postsecondary institution;

(3) courses, including dual credit courses, that allow a student to earn college credit or other advanced credit;

(4) courses in subject areas most likely to be highly beneficial to students receiving educational services under the supervision of a juvenile probation department, the Texas Juvenile Justice Department [Youth Commission], or the Texas Department of Criminal Justice; [and]

(5) courses in subject areas designated by the commissioner as commonly experiencing a shortage of teachers; and

(6) courses in subject areas designated by the commissioner as a high priority.

(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 course provider [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 not [equal] to exceed 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 19. Subchapter C, Chapter 30A, Education Code, is amended by adding Section 30A.1052 to read as follows:

Sec. 30A.1052. INTERSTATE COURSE RECIPROCAL AGREEMENTS. The commissioner shall adopt a process for approving reciprocal agreements with agencies in other states to allow students residing in this state to enroll through the state virtual school network in electronic courses provided in other states. The process must include provisions that ensure that:

(1) electronic courses provided in other states meet course eligibility guidelines under Section 30A.104; and

(2) each teacher of an electronic course provided in another state:

(A) possesses certification credentials similar to those required under Subchapter B, Chapter 21; and

(B) successfully completes the appropriate professional development course provided under Section 30A.112 or 30A.1121 before teaching an electronic course offered through the network.

SECTION 20. Section 30A.106, Education Code, is amended to read as follows:

Sec. 30A.106. APPEAL TO COMMISSIONER. (a) An entity seeking approval to act as a course provider or a course [A] provider seeking approval of an electronic course [school district or school] may appeal to the commissioner the administering authority's refusal to approve the entity as a course provider under Section 30A.101 or approve an electronic course under Section 30A.105.

(b) If the commissioner determines that the administering authority's evaluation did not follow the criteria or was otherwise irregular, the commissioner may overrule the administering authority and approve the course provider or place the course on a list of approved courses. The commissioner's decision under this section is final and may not be appealed.

(c) If an entity's application and appeal to act as a course provider are denied, the entity may resubmit an application to become a course provider at any time.

SECTION 21. Sections 30A.107(a) and (d), 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).

(d) A school district or open-enrollment charter school may not require a student to enroll in an electronic course for any reason other than to comply with Section 28.025(b-1)(3)(C).

SECTION 22. Section 30A.108(b), Education Code, is amended to read as follows:

(b) Each report under this section must be updated not later than the 30th day after the date an electronic course is approved and must describe each electronic course offered through the state virtual school network and include information such as course requirements and the school year calendar for the course, including any options for continued participation outside of the standard school year calendar.

SECTION 23. Section 30A.111(a), Education Code, is amended to read as follows:

(a) Each teacher of an electronic course offered by a course provider [school district or open-enrollment charter school] through the state virtual school network must:

(1) be certified under Subchapter B, Chapter 21, to teach that course and grade level; and

(2) successfully complete the appropriate professional development course provided under Section 30A.112(a) or 30A.1121 before teaching an electronic course offered through the network.

SECTION 24. Section 30A.1121, Education Code, is amended to read as follows:

Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), a course provider [school district or open-enrollment charter school] may provide professional development courses to teachers seeking to become authorized to teach electronic courses provided through the state virtual school network. A course provider [district or school] may provide a professional development course that is approved under Subsection (b) to any interested teacher, regardless of [whether] the teacher's employer [teacher is employed by the district or school].

(b) The agency shall review each professional development course sought to be provided by a course provider [school district or open-enrollment charter school] under Subsection (a) to determine if the course meets the quality standards established under Section 30A.113. If a course meets those standards, the course provider [district or school] may provide the course for purposes of enabling a teacher to comply with Section 30A.111(a)(2).

SECTION 25. Section 30A.114, Education Code, is amended to read as follows:

Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The commissioner by rule shall allow regional education service centers to participate in the state virtual school network in the same manner as course providers [provider school districts and schools].

SECTION 26. Subchapter D, Chapter 30A, Education Code, is amended by adding Section 30A.154 to read as follows:

Sec. 30A.154. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A course provider is entitled to funding based on a per-course amount for each student enrolled in a class provided by the course provider. The per-course amount is equal to the market rate for enrollment in an electronic course, as determined by the course provider and approved by the commissioner, but may not exceed one-sixth of 90 percent of the state and local funding to which the school district or open-enrollment charter school in which the student is enrolled or resides would otherwise be entitled for the student's enrollment in courses provided in a traditional classroom setting. The per-course amount shall be paid to the course provider as follows:

(1) 50 percent of the per-course amount on the student's enrollment in the electronic course; and

(2) either:

(A) 50 percent of the per-course amount on the student's completion of the course if completed within the course's prescribed course length; or

(B) 40 percent of the per-course amount on the student's completion of the course if completed after the course's prescribed course length but before the student graduates from high school or withdraws from school.

(b) A school district or open-enrollment charter school in which a student is enrolled or resides is entitled, for each electronic course in which the student enrolls, to:

(1) funding equal to the amount of one-sixth of 10 percent of the state and local funding to which the school district or open-enrollment charter school in which the student is enrolled or resides would otherwise be entitled for the student's enrollment in courses provided in a traditional classroom setting; and

(2) either:

(A) 10 percent of the per-course amount paid to the course provider if the student completes the course within the time prescribed by Subsection (a)(2)(B); or

(B) 50 percent of the per-course amount paid to the course provider if the student does not complete the course within the time prescribed by Subsection (a)(2)(A) or (B).

(c) The amount of funding to which a course provider is entitled for a student's enrollment in an electronic course shall be reduced proportionally if the student withdraws from the course during the course's prescribed length.

(d) The commissioner shall adopt rules necessary to implement this section, including rules regarding attendance accounting.

SECTION 27. The heading to Section 30A.155, Education Code, is amended to read as follows:

Sec. 30A.155. FEES AND TUITION.

SECTION 28. Section 30A.155, Education Code, is amended by amending Subsections (a), (a-1), (b), and (c-1) and adding Subsection (e) to read as follows:

(a) A course provider [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; 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.

(a-1) A course provider [school district or open-enrollment charter school] may charge a fee for enrollment in an electronic course provided through the state virtual school network during the summer.

(b) A course provider [school district or open-enrollment charter school] shall 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 is not enrolled in a school district or open-enrollment charter school as a full-time student.

(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.

(e) A course provider may charge tuition to any student who enrolls in an electronic course provided by the course provider in an amount equal to the per-course amount designated under Section 30A.154(a). If a course provider accepts a tuition charge under this subsection, the provider is not otherwise entitled to funding from any other source for the student's enrollment in the course.

SECTION 29. Subchapter A, Chapter 32, Education Code, is amended by adding Section 32.005 to read as follows:

Sec. 32.005. STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES. (a) The commissioner shall conduct a study to assess the network capabilities of each school district. The study must gather sufficient information to determine whether the network connections of a district and school campuses in the district meet the following targets:

(1) an external Internet connection to a campus's Internet service provider featuring a bandwidth capable of a broadband speed of at least 100 megabits per second for every 1,000 students and staff members; and

(2) an internal wide area network connection between the district and each of the school campuses in the district featuring a bandwidth capable of a broadband speed of at least one gigabit per second for every 1,000 students and staff members.

(b) The commissioner may solicit and accept gifts and grants from any public or private source to conduct the study. The commissioner may also cooperate or collaborate with national organizations conducting similar studies.

(c) The commissioner shall complete the study not later than December 1, 2014. This section expires December 1, 2015.

SECTION 30. Sections 30A.002(b) and 30A.153, Education Code, are repealed.

SECTION 31. This Act applies beginning with the 2013-2014 school year.

SECTION 32. Section 28.025(b-1)(3)(C), Education Code, as added by this Act, applies beginning with students entering the ninth grade in the 2013-2014 school year.

SECTION 33. Section 30A.101, Education Code, as amended by this Act, applies only to an entity that seeks to become a course provider through the state virtual school network on or after the effective date of this Act.

SECTION 34. Section 30A.1011, Education Code, as added by this Act, applies only to an entity that becomes a course provider through the state virtual school network on or after the effective date of this Act.

SECTION 35. Not later than January 1, 2014, the commissioner of education shall adopt a process for approving reciprocal agreements as required by Section 30A.1052, Education Code, as added by this Act.

SECTION 36. 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, 2013.