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

(In the Senate - Filed March 7, 2013; March 13, 2013, read first time and referred to Committee on Education; April 15, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 3; April 15, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1298 By: Duncan

A BILL TO BE ENTITLED

AN ACT

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

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

SECTION 1. Subsections (b), (c), and (d), Section 26.0031, Education Code, are amended to read as follows:

(b) 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) Notwithstanding [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; or

(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) [(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.

SECTION 2. Section 30A.001, Education Code, is amended by adding Subdivision (3-a) and amending Subdivisions (7) and (8) to read as follows:

(3-a) "Electronic catalogue course" means an electronic course offered by an electronic catalogue course provider through the state virtual school network to students enrolled in a school district or open-enrollment charter school.

(7) "Electronic catalogue 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;

(C) an entity that provides an electronic professional development course through the state virtual school network; or

(D) a school district or open-enrollment charter school that provides a full-time virtual instruction program through the state virtual school network.

(8) "Public or private institution of higher education" means[:

[(A)] an institution of higher education, as defined by 20 U.S.C. Section 1001 [Section 61.003; or

[(B) a private or independent institution of higher education, as defined by Section 61.003].

SECTION 3. Subsection (c), Section 30A.002, 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 4. 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, an electronic catalogue course [a] 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 5. 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 and send to students' parents twice per year a written policy that provides district or school students in grade 3 through grade 12 with the opportunity to enroll part-time or full-time in electronic courses provided by electronic course providers, including electronic catalogue courses provided through the state virtual school network.

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

SECTION 6. Subsection (a), Section 30A.056, Education Code, is amended to read as follows:

(a) Each contract between an electronic catalogue course provider [a 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 7. The heading to Section 30A.101, Education Code, is amended to read as follows:

Sec. 30A.101. ELIGIBILITY TO ACT AS ELECTRONIC CATALOGUE COURSE PROVIDER [SCHOOL DISTRICT OR SCHOOL].

SECTION 8. Section 30A.101, Education Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a) A school district or open-enrollment charter school is eligible to act as an electronic catalogue course [a] provider [school district] under this chapter only if the district is rated acceptable or higher under Section 39.054.

(c) An entity other than a school district or open-enrollment charter school is eligible to act as an electronic catalogue course provider under this chapter only if the entity:

(1) complies with all applicable federal and state antidiscrimination laws;

(2) provides evidence of prior, successful experience offering online courses to elementary, middle, or high school students as determined by the commissioner; and

(3) can demonstrate that the entity is financially solvent.

(d) An open-enrollment charter school may not offer a full-time electronic course program unless the charter establishing the school under Section 12.101 authorizes the school to operate such a program.

SECTION 9. 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 an electronic catalogue course provider may operate as an electronic catalogue course provider for an initial authorization period lasting until the end of the third full school year after the approval.

(b) At the expiration of an initial authorization period, the administering authority may approve an electronic catalogue 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 electronic catalogue course provider's activities and the academic performance of the students enrolled in courses offered by the provider using applicable accountability provisions under Chapter 39. If the electronic catalogue course provider does not comply with applicable standards established by the commissioner, the administering authority shall place the provider on probation. An electronic catalogue 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;

(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; and

(5) must demonstrate compliance by the end of the third year of the initial authorization.

(d) The commissioner may remove the approved status of an electronic catalogue course provider on probation if the provider does not comply with Subsection (c)(5). If the provider's approved status is removed, the provider may not reapply until the third anniversary of the date of removal.

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

SECTION 10. Section 30A.102, Education Code, is amended to read as follows:

Sec. 30A.102. LISTING OF ELECTRONIC CATALOGUE COURSES. (a) The administering authority shall:

(1) publish the criteria required by Section 30A.103 for electronic catalogue courses that may be offered through the state virtual school network;

(2) using the criteria required by Section 30A.103, evaluate electronic catalogue courses submitted by an electronic catalogue course [a] provider [school district or school] to be offered through the network;

(3) create a list of electronic catalogue 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 catalogue 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 catalogue 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 electronic catalogue 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 catalogue courses that[:

[(A) are needed to complete high school graduation requirements; 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 electronic catalogue courses offered through the state virtual school network to ensure, to the greatest extent possible, consistent numbering of similar courses offered across all electronic catalogue course providers.

SECTION 11. Subsections (a) and (c), Section 30A.1021, Education Code, are amended to read as follows:

(a) The administering authority shall provide students who have completed or withdrawn from electronic catalogue courses [offered through the virtual school network] and their parents with a mechanism for providing comments regarding the courses.

(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 catalogue course, and electronic catalogue course provider [school district or school].

SECTION 12. Subsection (a), Section 30A.103, Education Code, is amended to read as follows:

(a) The board by rule shall establish an objective standard criteria for an electronic catalogue 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 inclusion as an electronic catalogue [a] course if [for which] essential knowledge and skills have been identified for that course.

SECTION 13. The heading to Section 30A.104, Education Code, is amended to read as follows:

Sec. 30A.104. COURSE ELIGIBILITY FOR INCLUSION IN STATE VIRTUAL SCHOOL NETWORK [IN GENERAL].

SECTION 14. Subsections (a) and (b), Section 30A.104, Education Code, are amended to read as follows:

(a) An electronic catalogue [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 grade 3 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 electronic catalogue [approved] course is aligned in accordance with Subsection (a)(2) are modified, the electronic catalogue 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 15. Subsections (a) and (b), Section 30A.1041, Education Code, are amended to read as follows:

(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.

SECTION 16. Subsections (a), (a-1), (c), and (d), Section 30A.105, Education Code, are amended to read as follows:

(a) The administering authority shall:

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

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

[(3) not later than August 1 of each year, approve electronic courses that:

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

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

(a-1) The administering authority shall publish the submission and approval process for electronic catalogue 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].

(c) The agency shall pay the reasonable costs of evaluating and approving electronic courses for inclusion as an electronic catalogue course. 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 17. 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 electronic catalogue 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 catalogue course.

SECTION 18. 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 an electronic catalogue 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 an electronic catalogue course provider under Section 30A.101 or approve an electronic catalogue 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 electronic catalogue courses. The commissioner's decision under this section is final and may not be appealed.

SECTION 19. The heading to Section 30A.107, Education Code, is amended to read as follows:

Sec. 30A.107. OPTIONS FOR ELECTRONIC CATALOGUE COURSE PROVIDERS AND STUDENTS.

SECTION 20. Subsection (a), Section 30A.107, Education Code, is amended to read as follows:

(a) An electronic catalogue course [A] provider [school district or school] may offer electronic catalogue 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).

SECTION 21. Subsection (b), Section 30A.108, 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 for inclusion as an electronic catalogue course and must describe each electronic catalogue course [offered through the state virtual school network] and must 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 22. Subsection (a), Section 30A.111, Education Code, is amended to read as follows:

(a) Each teacher of an electronic catalogue course offered by an electronic catalogue course provider [a 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 during the teacher's first year of [before] teaching an electronic catalogue course [offered through the network].

SECTION 23. Section 30A.1121, Education Code, is amended to read as follows:

Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), an electronic catalogue course provider [a school district or open-enrollment charter school] may provide professional development courses to teachers seeking to become authorized to teach electronic catalogue courses provided through the state virtual school network. An electronic catalogue course provider [A 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 an electronic catalogue course provider [a 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 electronic catalogue course provider [district or school] may provide the course for purposes of enabling a teacher to comply with Section 30A.111(a)(2).

SECTION 24. 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 electronic catalogue course providers [provider school districts and schools].

SECTION 25. The heading to Section 30A.153, Education Code, is amended to read as follows:

Sec. 30A.153. [FOUNDATION SCHOOL PROGRAM] FUNDING OF ELECTRONIC COURSES.

SECTION 26. Section 30A.153, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:

(a) A school district or open-enrollment charter school in which a student is enrolled is entitled to funding based on a per-course amount under Chapter 42 for the student's enrollment in an electronic catalogue course or other electronic course in which a student has enrolled that is 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 and without respect to the setting in which the student participates in the course.

(a-1) For a full-time electronic course program offered through the state virtual school network for grades 3 through 12, a school district or open-enrollment charter school is entitled to receive state and local funding for a student enrolled in the program in an amount equal to the funding the district or school would otherwise receive for a student enrolled in the district or school. The district or school may calculate the average daily attendance of a student enrolled in the program based on:

(1) hours of contact with the student;

(2) the student's successful completion of a course; or

(3) a method approved by the commissioner.

(b) The commissioner, after considering comments from school district and open-enrollment charter school representatives, shall adopt a standard agreement that governs payment of funds and other matters relating to a student's enrollment in an electronic catalogue course offered through the state virtual school network. The agreement may not require a school district or open-enrollment charter school to pay the electronic catalogue course provider the full amount until the student has successfully completed the electronic catalogue course.

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), (c), and (c-1) and adding Subsection (e) to read as follows:

(a) A school district or open-enrollment charter school in which a student resides or is enrolled may charge a fee for enrollment in an electronic catalogue course [provided through the state virtual school network] to a student who resides in this state and:

(1) is enrolled in the [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 school district or open-enrollment charter school in which a student resides or is enrolled may charge a fee for enrollment in an electronic catalogue course provided [through the state virtual school network] during the summer.

(b) A school district or open-enrollment charter school in which a student resides or is enrolled shall charge a fee for enrollment in an electronic catalogue 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) The amount of a fee charged a student under Subsection (a), (a-1), or (b) for each electronic course in which the student enrolls through the state virtual school network must be used to pay the costs of the course provider through the agreement under Section 30A.153 and may not exceed the lesser of:

(1) the cost of providing the course; or

(2) $400.

(c-1) A school district or open-enrollment charter school that is not the electronic catalogue 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 catalogue 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 school district or open-enrollment charter school in which a student resides or is enrolled may charge tuition to a student not enrolled in a public school who enrolls in an electronic course provided by the district or school in an amount equal to the per-course amount designated under Section 30A.153(a). If a district or school 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. The following provisions of the Education Code are repealed:

(1) Subsection (b), Section 30A.002;

(2) Subsection (b), Section 30A.101, as amended by Chapters 895 (House Bill No. 3) and 1328 (House Bill No. 3646), Acts of the 81st Legislature, Regular Session, 2009; and

(3) Subsection (f), Section 30A.151.

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

SECTION 32. 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 33. 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 34. 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 35. 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.

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