87R10284 ANG-D
 
  By: Taylor S.B. No. 27
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state virtual school network; changing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.001(b), Education Code, is amended to
  read as follows:
         (b)  Except as provided by Chapter 18, Chapter 19, Subchapter
  A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [30A],
  this code does not apply to students, facilities, or programs under
  the jurisdiction of [the Department of Aging and Disability
  Services,] the Department of State Health Services, the Health and
  Human Services Commission, the Texas Juvenile Justice Department,
  the Texas Department of Criminal Justice, a Job Corps program
  operated by or under contract with the United States Department of
  Labor, or any juvenile probation agency.
         SECTION 2.  Section 7.0561(f), Education Code, is amended to
  read as follows:
         (f)  In consultation with interested school districts,
  [open-enrollment] charter schools, and other appropriate
  interested persons, the commissioner shall adopt rules applicable
  to the consortium, according to the following principles for a next
  generation of higher performing public schools:
               (1)  engagement of students in digital learning,
  including engagement through the use of electronic textbooks and
  instructional materials adopted under Subchapters B and B-1,
  Chapter 31, and courses offered through the state virtual school
  network under Chapter 30B [Subchapter 30A];
               (2)  emphasis on learning standards that focus on
  high-priority standards identified in coordination with districts
  and charter schools participating in the consortium;
               (3)  use of multiple assessments of learning capable of
  being used to inform students, parents, districts, and charter
  schools on an ongoing basis concerning the extent to which learning
  is occurring and the actions consortium participants are taking to
  improve learning; and
               (4)  reliance on local control that enables communities
  and parents to be involved in the important decisions regarding the
  education of their children.
         SECTION 3.  Section 25.007(b), Education Code, is amended to
  read as follows:
         (b)  In recognition of the challenges faced by students who
  are homeless or in substitute care, the agency shall assist the
  transition of students who are homeless or in substitute care from
  one school to another by:
               (1)  ensuring that school records for a student who is
  homeless or in substitute care are transferred to the student's new
  school not later than the 10th working day after the date the
  student begins enrollment at the school;
               (2)  developing systems to ease transition of a student
  who is homeless or in substitute care during the first two weeks of
  enrollment at a new school;
               (3)  developing procedures for awarding credit,
  including partial credit if appropriate, for course work, including
  electives, completed by a student who is homeless or in substitute
  care while enrolled at another school;
               (4)  developing procedures to ensure that a new school
  relies on decisions made by the previous school regarding placement
  in courses or educational programs of a student who is homeless or
  in substitute care and places the student in comparable courses or
  educational programs at the new school, if those courses or
  programs are available;
               (5)  promoting practices that facilitate access by a
  student who is homeless or in substitute care to extracurricular
  programs, summer programs, credit transfer services, electronic
  courses provided under Chapter 30B [30A], and after-school tutoring
  programs at nominal or no cost;
               (6)  establishing procedures to lessen the adverse
  impact of the movement of a student who is homeless or in substitute
  care to a new school;
               (7)  entering into a memorandum of understanding with
  the Department of Family and Protective Services regarding the
  exchange of information as appropriate to facilitate the transition
  of students in substitute care from one school to another;
               (8)  encouraging school districts and open-enrollment
  charter schools to provide services for a student who is homeless or
  in substitute care in transition when applying for admission to
  postsecondary study and when seeking sources of funding for
  postsecondary study;
               (9)  requiring school districts, campuses, and
  open-enrollment charter schools to accept a referral for special
  education services made for a student who is homeless or in
  substitute care by a school previously attended by the student, and
  to provide comparable services to the student during the referral
  process or until the new school develops an individualized
  education program for the student;
               (10)  requiring school districts, campuses, and
  open-enrollment charter schools to provide notice to the child's
  educational decision-maker and caseworker regarding events that
  may significantly impact the education of a child, including:
                     (A)  requests or referrals for an evaluation under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
  special education under Section 29.003;
                     (B)  admission, review, and dismissal committee
  meetings;
                     (C)  manifestation determination reviews required
  by Section 37.004(b);
                     (D)  any disciplinary actions under Chapter 37 for
  which parental notice is required;
                     (E)  citations issued for Class C misdemeanor
  offenses on school property or at school-sponsored activities;
                     (F)  reports of restraint and seclusion required
  by Section 37.0021;
                     (G)  use of corporal punishment as provided by
  Section 37.0011; and
                     (H)  appointment of a surrogate parent for the
  child under Section 29.0151;
               (11)  developing procedures for allowing a student who
  is homeless or in substitute care who was previously enrolled in a
  course required for graduation the opportunity, to the extent
  practicable, to complete the course, at no cost to the student,
  before the beginning of the next school year;
               (12)  ensuring that a student who is homeless or in
  substitute care who is not likely to receive a high school diploma
  before the fifth school year following the student's enrollment in
  grade nine, as determined by the district, has the student's course
  credit accrual and personal graduation plan reviewed;
               (13)  ensuring that a student in substitute care who is
  in grade 11 or 12 be provided information regarding tuition and fee
  exemptions under Section 54.366 for dual-credit or other courses
  provided by a public institution of higher education for which a
  high school student may earn joint high school and college credit;
               (14)  designating at least one agency employee to act
  as a liaison officer regarding educational issues related to
  students in the conservatorship of the Department of Family and
  Protective Services; and
               (15)  providing other assistance as identified by the
  agency.
         SECTION 4.  Section 26.0031, Education Code, is amended to
  read as follows:
         Sec. 26.0031.  RIGHTS CONCERNING STATE VIRTUAL SCHOOL
  NETWORK STATEWIDE COURSE CATALOG.  (a) At the time and in the
  manner that a school district or  [open-enrollment] charter school
  informs students and parents about courses that are offered in the
  district's or school's traditional classroom setting, the district
  or school shall notify parents and students of the option to enroll
  in an electronic course offered through the state virtual school
  network statewide course catalog under Chapter 30B [30A].
         (b)  Except as provided by Subsection (c), a school district
  or [open-enrollment] charter school in which a student is enrolled
  as a full-time student may not deny the request of a parent of a
  student to enroll the student in an electronic course offered
  through the state virtual school network statewide course catalog
  under Chapter 30B [30A].
         (c)  A school district or [open-enrollment] charter school
  may deny a request to enroll a student in an electronic course if:
               (1)  a high school student attempts to enroll in a
  course load that is inconsistent with the student's high school
  graduation plan or requirements for college admission or earning an
  industry certification; or
               (2)  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[; 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:
               [(1) limit the ability of the student to enroll in
  additional electronic courses at the student's cost; or
               [(2) apply to a student enrolled in a full-time online
  program that was operating on January 1, 2013.]
         (d)  Notwithstanding Subsection (c)(2), a school district or
  [open-enrollment] charter school that provides an electronic
  course through the state virtual school network statewide course
  catalog under Chapter 30B [30A] shall make all reasonable efforts
  to accommodate the enrollment of a student in the course under
  special circumstances.
         (e)  A parent may appeal to the commissioner a school
  district's or [open-enrollment] charter school's decision to deny a
  request to enroll a student in an electronic course offered through
  the state virtual school network statewide course catalog. The
  commissioner's decision under this subsection is final and may not
  be appealed.
         (f)  A school district or [open-enrollment] charter school
  from which a parent of a student requests permission to enroll the
  student in an electronic course offered through the state virtual
  school network statewide course catalog under Chapter 30B [30A] has
  discretion to select a course provider approved by the agency 
  [network's administering authority] for the course in which the
  student will enroll based on factors including the informed choice
  report in Section 30B.112(b) [30A.108(b)].
         SECTION 5.  Subtitle F, Title 2, Education Code, is amended
  by adding Chapter 30B, and a heading is added to that chapter to
  read as follows:
  CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG
  AND FULL-TIME VIRTUAL SCHOOLS
         SECTION 6.  Chapter 30B, Education Code, as added by this
  Act, is amended by adding Subchapter A, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         SECTION 7.  Sections 30A.001, 30A.002, 30A.003, 30A.004,
  30A.005, and 30A.007, Education Code, are transferred to Subchapter
  A, Chapter 30B, Education Code, as added by this Act, redesignated
  as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and
  30B.006, Education Code, and amended to read as follows:
         Sec. 30B.001  [30A.001]. DEFINITIONS. In this chapter:
               (1)  ["Administering authority" means the entity
  designated under Section 30A.053 to administer the state virtual
  school network.
               [(2)]  "Board" means the State Board of Education.
               (2) [(3)]  "Course" means a course of study that meets
  the requirements of Section 30B.105 [30A.104].
               (3) [(4)]  "Electronic course" means a course in which:
                     (A)  instruction and content are delivered
  primarily over the Internet;
                     (B)  a student and teacher are in different
  locations for a majority of the student's instructional period;
                     (C)  most instructional activities take place in
  an online environment;
                     (D)  the online instructional activities are
  integral to the academic program;
                     (E)  extensive communication between a student
  and a teacher and among students is emphasized; and
                     (F)  a student is not required to be located on the
  physical premises of a school district or [open-enrollment] charter
  school.
               (4) [(5)  "Electronic diagnostic assessment" means a
  formative or instructional assessment used in conjunction with an
  electronic course to ensure that:
                     [(A)  a teacher of an electronic course has
  information related to a student's academic performance in that
  course; and
                     [(B)  a student enrolled in an electronic course
  makes documented progress in mastering the content of the course.
               [(6)]  "Electronic professional development course"
  means a professional development course in which instruction and
  content are delivered primarily over the Internet.
               (5)  "Full-time virtual school" means a campus
  authorized by the commissioner to provide a full-time virtual
  school program to enrolled students under this chapter.
               (6) [(7)]  "Course provider" means:
                     (A)  a school district or [open-enrollment]
  charter school that provides an electronic course through the
  statewide course catalog [state virtual school network] to:
                           (i)  students enrolled in that district or
  school; or
                           (ii)  students enrolled in another [school]
  district or school;
                     (B)  a public or private institution of higher
  education, nonprofit entity, or private entity that provides a
  course through the statewide course catalog [state virtual school
  network]; or
                     (C)  an entity that provides an electronic
  professional development course through the state virtual school
  network.
               (7) [(8)]  "Public or private institution of higher
  education" means an institution of higher education or a private or
  independent institution of higher education, as those terms are 
  defined by Section 61.003 [20 U.S.C. Section 1001].
               (8)  "Statewide course catalog" means a program of
  supplemental courses offered by state-approved course providers
  that is delivered through the state virtual school network.
         Sec. 30B.002  [30A.002]. STUDENT ELIGIBILITY. (a) A student
  is eligible to enroll in a course provided through the statewide
  course catalog or in a full-time [state] virtual school [network]
  only if [the student]:
               (1)  the student [on September 1 of the school year:
                     [(A)  is younger than 21 years of age; or
                     [(B)  is younger than 26 years of age and entitled
  to the benefits of the Foundation School Program under Section
  48.003;
               [(2)  has not graduated from high school; and
               [(3)]  is [otherwise] eligible to enroll in a public
  school in this state; or
               (2)  the student does not qualify under Subdivision
  (1), including a student who is an adult or who resides in another
  state or country, and the student pays fees in accordance with this
  chapter.
         (b)  [A student is eligible to enroll full-time in courses
  provided through the state virtual school network only if the
  student:
               [(1) was enrolled in a public school in this state in
  the preceding school year;
               [(2) is a dependent of a member of the United States
  military who has been deployed or transferred to this state and was
  enrolled in a publicly funded school outside of this state in the
  preceding school year; or
               [(3) has been placed in substitute care in this state,
  regardless of whether the student was enrolled in a public school in
  this state in the preceding school year.
         [(c)] Notwithstanding Subsection (a)(1) [(a)(3) or (b)], a
  student who enrolled in a course [is eligible to enroll in one or
  more courses] provided through the statewide course catalog [state
  virtual school network] or in a [enroll] full-time virtual school
  may remain enrolled in that course or school for the duration of the
  course or school year, as applicable, [in courses provided through
  the network] if, during the course or school year, the student
  becomes ineligible to enroll in a course or school under Subsection
  (a)(1) because the student:
               (1)  is a dependent of a member of the United States
  military; and
               (2)  no longer resides [was previously enrolled in high
  school in this state; and
               [(3) does not reside] in this state due to a military
  deployment or transfer.
         Sec. 30B.003  [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR
  INTERNET SERVICE. This chapter does not:
               (1)  require a school district, a [an open-enrollment]
  charter school, a course provider, a full-time virtual 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.
         Sec. 30B.004  [30A.004]. APPLICABILITY OF CHAPTER. (a)
  Except as provided by Subsection (c), this chapter does not affect
  the provision of a course to a student while the student is located
  on the physical premises of a school district or [open-enrollment]
  charter school.
         (b)  [This chapter does not affect the provision of distance
  learning courses offered under other law.
         [(b-1)]  Requirements imposed by or under this chapter do not
  apply to a virtual course provided by a school district only to
  district students if the course is not provided as part of the state
  virtual school network.
         (c)  A school district or [open-enrollment] charter school
  may choose to participate in providing an electronic course or an
  electronic diagnostic assessment under this chapter to a student
  who is located on the physical premises of a school district or
  [open-enrollment] charter school.
         Sec. 30B.005  [30A.005]. TELECOMMUNICATIONS OR INFORMATION
  SERVICES NETWORK NOT CREATED. This chapter does not create or
  authorize the creation of a telecommunications or information
  services network.
         Sec. 30B.006  [30A.007]. LOCAL POLICY ON ELECTRONIC
  COURSES. (a) A school district or [open-enrollment] charter
  school shall adopt a written policy that provides district or
  school students with the opportunity to enroll in electronic
  courses provided through the statewide course catalog [state
  virtual school network]. The policy must be consistent with the
  requirements imposed by Section 26.0031.
         (b) [(a-1)]  A school district or [open-enrollment] charter
  school shall, at least once per school year, send to a parent of
  each district or school student enrolled at the middle or high
  school level a copy of the policy adopted under Subsection (a). A
  district or school may send the policy with any other information
  that the district or school sends to a parent.
         (c) [(b)]  For purposes of a policy adopted under Subsection
  (a), the determination of whether or not an electronic course will
  meet the needs of a student with a disability shall be made by the
  student's admission, review, and dismissal committee in a manner
  consistent with state and federal law, including the Individuals
  with Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
  and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
  794).
         SECTION 8.  Subchapter A, Chapter 30B, Education Code, as
  added by this Act, is amended by adding Section 30B.007 to read as
  follows:
         Sec. 30B.007.  GRANTS AND FEDERAL FUNDS. (a) The
  commissioner may solicit and accept a gift, grant, or donation from
  any source for the implementation of the statewide course catalog
  and full-time virtual schools.
         (b)  The commissioner may accept federal funds for purposes
  of this chapter and shall use those funds in compliance with
  applicable federal law, regulations, and guidelines.
         SECTION 9.  Chapter 30B, Education Code, as added by this
  Act, is amended by adding Subchapter B, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
         SECTION 10.  Sections 30A.051, 30A.052, and 30A.054,
  Education Code, are transferred to Subchapter B, Chapter 30B,
  Education Code, as added by this Act, redesignated as Sections
  30B.051, 30B.052, and 30B.053, Education Code, and amended to read
  as follows:
         Sec. 30B.051  [30A.051]. GOVERNANCE [OF NETWORK]. (a) The
  commissioner shall:
               (1)  administer the state virtual school network
  statewide course catalog and full-time virtual schools; and
               (2)  ensure:
                     (A)  high-quality education for students in this
  state who are being educated through electronic courses provided
  through the statewide course catalog or a full-time virtual school
  [state virtual school network]; and
                     (B)  equitable access by students to those courses
  and schools.
         (b)  The commissioner may adopt rules necessary to implement
  this chapter.
         [(c)  To the extent practicable, the commissioner shall
  solicit advice from school districts concerning:
               [(1)  administration of the state virtual school
  network; and
               [(2)  adoption of rules under Subsection (b).]
         Sec. 30B.052  [30A.052]. GENERAL POWERS AND DUTIES OF
  COMMISSIONER. (a) The commissioner shall prepare or provide for
  preparation of a biennial budget request for the state virtual
  school network statewide course catalog and full-time virtual
  schools for presentation to the legislature.
         (b)  The commissioner has exclusive jurisdiction over the
  assets of the network and shall administer and spend appropriations
  made for the benefit of the network.
         [(c)  The commissioner shall employ a limited number of
  administrative employees in connection with the network.]
         Sec. 30B.053  [30A.054]. STUDENT PERFORMANCE INFORMATION.
  To the extent permitted under the Family Educational Rights and
  Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner
  shall make information relating to the performance of students
  enrolled in electronic courses through the statewide course catalog
  or a full-time virtual school under this chapter available to
  school districts, [open-enrollment] charter schools, and the
  public.
         SECTION 11.  Chapter 30B, Education Code, as added by this
  Act, is amended by adding Subchapter C, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER C. STATEWIDE COURSE CATALOG
         SECTION 12.  Sections 30A.101, 30A.102, 30A.1021, 30A.103,
  30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107,
  30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113,
  30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code,
  are transferred to Subchapter C, Chapter 30B, Education Code, as
  added by this Act, redesignated as Sections 30B.101, 30B.102,
  30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109,
  30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116,
  30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123,
  Education Code, and amended to read as follows:
         Sec. 30B.101  [30A.101]. ELIGIBILITY TO ACT AS COURSE
  PROVIDER. (a) A school district or [open-enrollment] charter school
  is eligible to act as a course provider through the statewide course
  catalog [under this chapter] only if the district or school
  receives an overall performance rating of C or higher [is rated
  acceptable] under Section 39.054.
         (b)  [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
  Juvenile Justice Department, or the Texas Department of Criminal
  Justice, through an agreement with the applicable agency.
         [(c)]  A public or private institution of higher education,
  nonprofit entity, private entity, or corporation is eligible to act
  as a course provider through the statewide course catalog [under
  this chapter] only if the institution, [nonprofit] entity, [private
  entity,] or corporation:
               (1)  complies with all applicable federal and state
  laws prohibiting discrimination;
               (2)  demonstrates financial solvency; [and]
               (3)  provides evidence of prior successful experience
  offering online education [courses] to [middle or high school]
  students, with demonstrated student success in course completion
  and performance, as determined by the commissioner; and
               (4)  complies with any other criteria established by
  the commissioner.
         (c) [(d)]  An entity other than a school district or
  [open-enrollment] charter school is not authorized to award course
  credit or a diploma for courses taken through the statewide course
  catalog [state virtual school network].
         Sec. 30B.102  [30A.102]. LISTING OF ELECTRONIC COURSES.
  (a)  The agency [administering authority] shall:
               (1)  publish the criteria required by Section 30B.104
  [30A.103] for electronic courses that may be offered through the
  statewide course catalog [state virtual school network];
               (2)  using the criteria required by Section 30B.104
  [30A.103], evaluate electronic courses submitted by a course
  provider to be offered through the statewide course catalog 
  [network];
               (3)  create a list of electronic courses approved by
  the agency [administering authority]; and
               (4)  publish in a prominent location on the state
  virtual school network's Internet website the list of approved
  electronic courses offered through the statewide course catalog 
  [network] and a detailed description of the courses that complies
  with Section 30B.112 [30A.108].
         (b)  To ensure that a full range of electronic courses,
  including advanced placement courses, are offered to students in
  this state, the agency [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, public or private institutions
  of higher education, and other eligible entities for the purpose of
  offering the courses through the statewide course catalog [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
  statewide course catalog; and
               (4)  may develop or authorize the development of an
  orientation course [state virtual school network].
         (c)  The agency [administering authority] shall develop a
  comprehensive course numbering system for all courses offered
  through the statewide course catalog [state virtual school network]
  to ensure, to the greatest extent possible, consistent numbering of
  similar courses offered across all course providers.
         Sec. 30B.103  [30A.1021]. PUBLIC ACCESS TO USER COMMENTS
  REGARDING ELECTRONIC COURSES. (a) The agency [administering
  authority] shall provide students who have completed or withdrawn
  from electronic courses offered through the statewide course
  catalog [virtual school network] and their parents with a mechanism
  for providing comments regarding the courses.
         (b)  The mechanism required by Subsection (a) must include a
  quantitative rating system and a list of verbal descriptors that a
  student or parent may select as appropriate.
         (c)  The agency [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.
         Sec. 30B.104  [30A.103]. CRITERIA FOR ELECTRONIC COURSES.
  (a) The commissioner [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 agency [administering authority] to
  prohibit a course provider from applying for approval for an
  electronic course for a course for which essential knowledge and
  skills have been identified.
         (b)  The criteria must be consistent with Section 30B.105
  [30A.104] and may not include any requirements that are
  developmentally inappropriate for students.
         (c)  The commissioner by rule may:
               (1)  establish additional quality-related criteria for
  electronic courses; and
               (2)  provide for a period of public comment regarding
  the criteria.
         (d)  The criteria must be in place at least six months before
  the agency [administering authority] uses the criteria in
  evaluating an electronic course under Section 30B.107 [30A.105].
         Sec. 30B.105  [30A.104]. COURSE ELIGIBILITY IN GENERAL.
  (a) A course offered through the statewide course catalog [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 the [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 semester of 90 instructional days.
         (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 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.
         Sec. 30B.106  [30A.1041]. DRIVER EDUCATION COURSES. (a) A
  school district, [open-enrollment] charter school, public or
  private institution of higher education, or other eligible entity
  may seek approval to offer through the statewide course catalog
  [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,
  public or private institution of higher education, or other
  eligible entity may not offer through the statewide course catalog
  [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.
         Sec. 30B.107  [30A.105].  APPROVAL OF ELECTRONIC COURSES.  
  (a)  The agency [administering authority] shall:
               (1)  establish a submission and approval process for
  electronic courses that occurs on a rolling basis; and
               (2)  evaluate or provide for the evaluation by one or
  more organizations designated by the agency of electronic courses
  to be offered through the statewide course catalog or a full-time
  [state] virtual school [network].
         (b) [(a-1)]  The agency [administering authority] shall
  publish the submission and approval process for electronic courses
  established under Subsection (a)(1), including any deadlines and
  guidelines applicable to the process.
         (c) [(a-2)]  The evaluation required by Subsection (a)(2)
  must include review of each electronic course component, including
  off-line material proposed to be used in the course.
         (d) [(b)]  The agency [administering authority] shall
  establish the cost of providing an electronic course approved under
  Subsection (a)[, which may not exceed $400 per student per course or
  $4,800 per full-time student].
         (e)  The [(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, or the Texas Department of Criminal Justice;
  and
               [(5)  courses in subject areas designated by the
  commissioner as commonly experiencing a shortage of teachers.
         [(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, public or
  private institution of higher education, or other eligible entity
  that submits a [submitted the] course for evaluation and approval
  shall [may] pay a fee equal to the amount of the costs of evaluating
  and approving the course in order to ensure that evaluation of the
  course occurs. The agency shall establish and publish a fee
  schedule for purposes of this subsection.
         (f) [(e)]  The agency [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.
         Sec. 30B.108  [30A.1051].  ELECTRONIC COURSE PORTABILITY.  A
  student who transfers from one educational setting to another after
  beginning enrollment in an electronic course is entitled to
  continue enrollment in the course.
         Sec. 30B.109  [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 statewide course catalog [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.
         Sec. 30B.110  [30A.106].  APPEAL TO COMMISSIONER.  (a)  A
  course provider may appeal to the commissioner the agency's 
  [administering authority's] refusal to approve an electronic
  course under Section 30B.107 [30A.105].
         (b)  If the commissioner determines that the agency's 
  [administering authority's] evaluation did not follow the criteria
  or was otherwise irregular, the commissioner may overrule the
  agency [administering authority] and place the course on a list of
  approved courses. The commissioner's decision under this section is
  final and may not be appealed.
         Sec. 30B.111  [30A.107]. OPTIONS FOR PROVIDERS AND
  STUDENTS. (a)  A student who does not qualify under Section
  30B.002(a)(1) may take one or more electronic courses through the
  statewide course catalog if the student pays the fees for the course
  in accordance with Section 30B.123 [A course provider 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)].
         (b)  A student who is enrolled in a school district or
  [open-enrollment] charter school in this state [as a full-time
  student] may not take [one or] more than three electronic courses in
  any semester 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
  30B.123 [30A.155], enroll in electronic courses through the
  statewide course catalog [state virtual school network]. A student
  to whom this subsection applies:
               (1)  may not in any semester enroll in more than three
  [two] electronic courses offered through the state virtual school
  network;
               (2)  is not considered enrolled at the [to be a] public
  school campus but shall be considered for purposes of state funding
  as provided by Section 30B.122 [student];
               (3)  must obtain access to a course provided through
  the statewide course catalog either [network] through a [the]
  school district or [open-enrollment] charter school [attendance
  zone in which the student resides];
               (4)  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 statewide course catalog
  [network]; and
               (5)  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.
         (d)  A school district or [open-enrollment] charter school
  may not require a student to enroll in an electronic course.
         (e)  A school district or charter school shall require
  students to take a student orientation course to access the
  statewide course catalog.
         Sec. 30B.112  [30A.108].  INFORMED CHOICE REPORTS.  (a)  Not
  later than a date determined by the commissioner, the agency
  [administering authority] shall create and maintain on the state
  virtual school network's Internet website an "informed choice"
  report as provided by commissioner rule.
         (b)  Each report under this section must describe each
  electronic course offered through the statewide course catalog
  [state virtual school network] and include the following
  information:
               (1)  course requirements;
               (2)  the school year calendar for the course, including
  any options for continued participation outside of the standard
  school year calendar;
               (3)  the entity that developed the course;
               (4)  the entity that provided the course;
               (5)  the course completion rate;
               (6)  aggregate student performance on an assessment
  instrument administered under Section 39.023 to students enrolled
  in the course;
               (7)  aggregate student performance on all assessment
  instruments administered under Section 39.023 to students who
  completed the course provider's courses; and
               (8)  other information determined by the commissioner.
         Sec. 30B.113  [30A.109]. COMPULSORY ATTENDANCE. The
  commissioner by rule shall adopt procedures for reporting and
  verifying the attendance of a student enrolled in an electronic
  course provided through the statewide course catalog [state virtual
  school network]. The rules may modify the application of Sections
  25.085, 25.086, and 25.087 for a student enrolled in an electronic
  course but must require participation in an educational program
  equivalent to the requirements prescribed by those sections.
         Sec. 30B.114  [30A.110].  APPLICABILITY OF ACCOUNTABILITY
  REQUIREMENTS.  (a)  Chapter 39 applies to an electronic course
  offered through the statewide course catalog [state virtual school
  network] in the same manner that that chapter applies to any other
  course offered by a school district or open-enrollment charter
  school.
         (b)  The performance of a student described by Section
  30B.111(c) may not be considered for purposes of accountability for
  a school district or charter school.
         (c)  Each student enrolled under this chapter in an
  electronic course offered through the statewide course catalog
  [state virtual school network] must take any assessment instrument
  under Section 39.023 that is administered to students who are
  provided instruction in the course material in the traditional
  classroom setting. The administration of the assessment instrument
  to the student enrolled in the electronic course must be supervised
  by a proctor.
         (d) [(c)]  A school district or [open-enrollment] charter
  school shall report to the commissioner through the Public
  Education Information Management System (PEIMS) the results of
  assessment instruments administered to students enrolled in an
  electronic course offered through the statewide course catalog
  [state virtual school network] separately from the results of
  assessment instruments administered to other students.
         Sec. 30B.115  [30A.111].  TEACHER AND INSTRUCTOR
  QUALIFICATIONS.  (a)  Each teacher of an electronic course offered
  by a school district or [open-enrollment] charter school through
  the statewide course catalog [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 30B.116(a)
  [30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic
  course offered through the statewide course catalog [network].
         (b)  The commissioner by rule shall establish procedures for
  verifying successful completion by a teacher of the appropriate
  professional development course required by Subsection (a)(2).
         (c)  The commissioner by rule shall establish qualifications
  and professional development requirements applicable to college
  instructors providing instruction in dual credit courses through
  the statewide course catalog [state virtual school network] that
  allow a student to earn high school credit and college credit or
  other credit.
         Sec. 30B.116  [30A.112].  EDUCATOR PROFESSIONAL
  DEVELOPMENT.  (a)  The state virtual school network shall provide or
  authorize providers of electronic professional development courses
  or programs to provide professional development for teachers who
  are teaching electronic courses through the statewide course
  catalog [network].
         (b)  The state virtual school network may provide or
  authorize providers of electronic professional development courses
  to provide professional development for:
               (1)  teachers who are teaching subjects or grade levels
  for which the teachers are not certified; or
               (2)  teachers who must become qualified under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.).
         Sec. 30B.117  [30A.1121].  ALTERNATIVE EDUCATOR
  PROFESSIONAL DEVELOPMENT.  (a)  Subject to Subsection (b), a course
  provider may provide professional development courses to teachers
  seeking to become authorized to teach electronic courses provided
  through the statewide course catalog [state virtual school
  network]. A course provider may provide a professional development
  course that is approved under Subsection (b) to any interested
  teacher, regardless of the teacher's employer.
         (b)  The agency shall review each professional development
  course sought to be provided by a course provider under Subsection
  (a) to determine if the course meets the quality standards
  established under Section 30B.118 [30A.113]. If a course meets
  those standards, the course provider may provide the course for
  purposes of enabling a teacher to comply with Section 30B.115(a)(2)
  [30A.111(a)(2)].
         Sec. 30B.118  [30A.113].  CRITERIA FOR ELECTRONIC
  PROFESSIONAL DEVELOPMENT COURSES.  The commissioner by rule shall
  establish objective standard criteria for quality of an electronic
  professional development course provided under Section 30B.116
  [30A.112].
         Sec. 30B.119  [30A.114].  REGIONAL EDUCATION SERVICE
  CENTERS. The commissioner by rule shall allow regional education
  service centers to participate in the statewide course catalog
  [state virtual school network] in the same manner as course
  providers.
         Sec. 30B.120  [30A.115].  ADDITIONAL RESOURCES.  The
  commissioner by rule may establish procedures for providing
  additional resources, such as an online library, to students and
  educators served through the statewide course catalog [state
  virtual school network].  The agency [administering authority] may
  provide the additional resources only if the commissioner receives
  an appropriation, gift, or grant sufficient to pay the costs of
  providing those resources.
         Sec. 30B.121  [30A.151].  COSTS TO BE BORNE BY STATE.   (a)  
  Except as authorized by Section 30B.007 or 30B.107 [Section
  30A.152] or this section, the state shall pay the cost of operating
  the state virtual school network.
         (b)  Except as provided by Section 30B.107, the [The]
  operating costs of the state virtual school network may not be
  charged to a school district or [open-enrollment] charter school.
         (c)  The costs of providing electronic professional
  development courses may be paid by state funds appropriated by the
  legislature or federal funds that may be used for that purpose.
         (d) [(e)]  State funds provided in connection with the state
  virtual school network may not be used in a manner that violates
  Section 7, Article I, Texas Constitution.
         [(f)  For a full-time electronic course program offered
  through the state virtual school network for a grade level at or
  above grade level three but not above grade level eight, a school
  district or open-enrollment charter school is entitled to receive
  federal, 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.]
         Sec. 30B.122 [30A.153].  FOUNDATION SCHOOL PROGRAM FUNDING.  
  (a)  Subject to the limitation imposed under Subsection (b)
  [(a-1)], a school district or open-enrollment charter school in
  which a student is enrolled is entitled to funding under Chapter 48
  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 statewide course catalog [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) [(a-1)]  For purposes of Subsection (a), a school
  district or open-enrollment charter school is limited to the
  funding described by that subsection for a student's enrollment in
  not more than three electronic courses during any school year[,
  unless the student is enrolled in a full-time online program that
  was operating on January 1, 2013].
         (c)  For purposes of funding a school district or charter
  school that provides access to an electronic course to a student
  described by Section 30B.111(c) who would be entitled to the
  benefits of the Foundation School Program under Section 48.003 if
  enrolled in a school district, the agency shall aggregate up to
  three courses offered during the year to such students at the
  district or school and divide by five to establish the number of
  possible students in average daily attendance, rounding up to the
  half-day average daily attendance.
         (d) [(b)]  The commissioner[, after considering comments
  from school district and open-enrollment charter school
  representatives,] shall 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 statewide
  course catalog [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)].
         (e) [(c)]  A school district or [open-enrollment] charter
  school shall use the standard agreement adopted under Subsection
  (d) [(b)] unless:
               (1)  the district or school requests from the
  commissioner permission to modify the standard agreement; and
               (2)  the commissioner authorizes the modification.
         (f) [(d)]  The commissioner shall adopt rules necessary to
  implement this section, including rules regarding attendance
  accounting.
         Sec. 30B.123 [30A.155].  FEES.  (a)  A school district or
  [open-enrollment] charter school may charge a fee for enrollment in
  an electronic course provided through the statewide course catalog
  [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 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)].
         (b) [(a-1)]  A school district or [open-enrollment] charter
  school may charge a fee for enrollment in an electronic course
  provided through the statewide course catalog [state virtual school
  network] during the summer.
         (c) [(b)]  A school district or [open-enrollment] charter
  school shall charge a fee for enrollment in an electronic course
  provided through the statewide course catalog [state virtual school
  network] to a student who does not satisfy the criteria of Section
  30B.002(a)(1) [who resides in this state and is not enrolled in a
  school district or open-enrollment charter school as a full-time
  student].
         (d) [(c)]  The amount of a fee charged a student under
  Subsection (a), [(a-1), or] (b), or (c) for each electronic course
  in which the student enrolls through the statewide course catalog
  [state virtual school network] may not exceed the lesser of:
               (1)  the cost of providing the course; or
               (2)  an amount set by the commissioner [$400].
         (e) [(c-1)]  A school district or [open-enrollment] charter
  school that is not the course provider 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 statewide course catalog
  [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.
         (f) [(d)]  Except as provided by this section, the state
  virtual school network may not charge a fee to students for
  electronic courses provided through the statewide course catalog 
  [network].
         [(e)  This chapter does not entitle a student who is not
  enrolled on a full-time basis in a school district or
  open-enrollment charter school to the benefits of the Foundation
  School Program.]
         SECTION 13.  Chapter 30B, Education Code, as added by this
  Act, is amended by adding Subchapter D to read as follows:
  SUBCHAPTER D.  FULL-TIME VIRTUAL SCHOOL
         Sec. 30B.201.  ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL
  SCHOOL.  (a)  The commissioner may establish criteria for,
  authorize the operation of, and approve an expansion of a full-time
  virtual school under this subchapter.
         (b)  A school district or charter school is eligible to
  operate a full-time virtual school under this subchapter only if
  the district or school receives an overall performance rating of C
  or higher under Section 39.054.
         (c)  A public or private institution of higher education is
  eligible to operate a full-time virtual school under this
  subchapter only if the institution:
               (1)  complies with all applicable federal and state
  laws prohibiting discrimination;
               (2)  demonstrates financial solvency;
               (3)  provides evidence of prior successful experience
  offering online education to students, with demonstrated student
  success in course completion and performance, as determined by the
  commissioner;
               (4)  has a charter granted under Subchapter D or E,
  Chapter 12, authorized to provide a full-time virtual school; and
               (5)  has not been subject to contract revocation under
  Section 30B.212.
         (d)  The commissioner may not authorize an entity to operate
  more than one full-time virtual school under this subchapter unless
  the additional full-time virtual school will be designated as a
  dropout recovery school under Section 39.0548.
         (e)  An entity that operates a full-time virtual school must
  offer:
               (1)  at least one grade level in which an assessment
  instrument is required to be administered under Section 39.023(a),
  including each subject for which an assessment instrument is
  required; or
               (2)  a complete high school program, including each
  course for which an end-of-course assessment instrument is required
  to be administered under Section 39.023(c).
         (f)  Notwithstanding any other provision of this chapter, a
  school district or charter school that operated a full-time online
  program during the 2020-2021 school year under former Chapter 30A
  may continue to operate the program as a full-time virtual school
  under this subchapter for a term of three years. At the end of that
  term, the district or charter school must submit a petition for
  renewal under Section 30B.213(c) to continue operating the
  full-time virtual school. This subsection expires September 1,
  2024.
         Sec. 30B.202.  FULL-TIME VIRTUAL SCHOOL ENROLLMENT AND
  ADMISSION.  (a)  Subject to Subsection (b), the total number of
  students enrolled in full-time virtual schools may not exceed:
               (1)  for the 2021-2022 school year, 120 percent of the
  total number of students enrolled in full-time online programs
  offered through the state virtual school network under former
  Chapter 30A for the 2020-2021 school year; or
               (2)  for each school year after the 2021-2022 school
  year, 102 percent of the total number of students enrolled in
  full-time virtual schools for the preceding school year.
         (b)  The limit under Subsection (a) does not apply to
  students who:
               (1)  are enrolled in a full-time virtual school to
  which admission is restricted under Subsection (f); or
               (2)  were enrolled in a school district or charter
  school in the state during the preceding school year.
         (c)  To ensure compliance with the maximum number of enrolled
  students under Subsection (a), the commissioner by rule shall
  establish a method for determining the total number of students
  that each full-time virtual school may enroll for a school year.
         (d)  The commissioner shall adopt rules requiring full-time
  virtual schools to prioritize the admission of students who were
  enrolled in a school district or charter school during the
  preceding school year.
         (e)  If a full-time virtual school receives more acceptable
  applications for admission than available positions in the school
  for a school year, the school shall:
               (1)  fill the available positions by lottery;
               (2)  create a waitlist for any students not admitted
  under Subdivision (1); and
               (3)  provide to the agency in accordance with
  commissioner rule the number of students on the school's waitlist
  under Subdivision (2), if applicable.
         (f)  A school district or charter school operating a
  full-time virtual school may elect to offer admission to the school
  only to students who reside in the district or the geographic area
  served by the charter school.
         Sec. 30B.203.  FULL-TIME VIRTUAL SCHOOL LIST. (a) The
  agency shall:
               (1)  create a list of full-time virtual schools;
               (2)  publish in a prominent location on the state
  virtual school network's Internet website a list of and contact and
  waitlist information for all full-time virtual schools and include
  a statement for each listed school indicating whether the school
  restricts admission under Section 30B.202(f);
               (3)  provide access to the accountability ratings of
  each full-time virtual school;
               (4)  provide notice to each student enrolled in a
  full-time virtual school and the student's parent of the name and
  contact information of the operator of the full-time virtual school
  in which the student is enrolled; and
               (5)  include any other information the commissioner
  determines necessary to inform student choice.
         (b)  The agency shall provide students who have completed or
  withdrawn from a full-time virtual school and their parents with a
  method for providing comments regarding the school. The comment
  method must include a quantitative rating system and a list of
  verbal descriptors that a student or parent may select as
  appropriate.
         (c)  The agency shall provide public access to the comments
  submitted by students and parents under this section.
         Sec. 30B.204.  INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a)
  An entity that operates a full-time virtual school 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 the
  full-time virtual school.
         (b)  The commissioner shall revoke an entity's authorization
  to operate a full-time virtual school if the entity violates this
  section.
         (c)  The commissioner's action under this section is final
  and may not be appealed.
         Sec. 30B.205.  COMPULSORY ATTENDANCE. The commissioner by
  rule shall adopt procedures for reporting and verifying the
  attendance of a student enrolled in a full-time virtual school. The
  rules may modify the application of Sections 25.085, 25.086, and
  25.087 for a student enrolled in a full-time virtual school but must
  require participation in an educational program equivalent to the
  requirements prescribed by those sections.
         Sec. 30B.206.  COURSE ELIGIBILITY.  (a)  A course offered by
  a full-time virtual school must be aligned with the essential
  knowledge and skills identified under Section 28.002(c) for the
  grade level.
         (b)  If the essential knowledge and skills with which a
  course is aligned in accordance with Subsection (a) are modified,
  the entity operating the full-time virtual school must be provided
  the same 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.
         Sec. 30B.207.  APPLICABILITY OF ACCOUNTABILITY
  REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual school
  in the same manner that the chapter applies to a school district or
  open-enrollment charter school.
         (b)  Each student enrolled in a subject or course in a
  full-time virtual school must take each assessment instrument under
  Section 39.023 that is administered to students who are provided
  instruction in the subject or course material in the traditional
  classroom setting.  The administration of the assessment instrument
  to the student enrolled in the full-time virtual school must be
  supervised by a proctor.
         (c)  An entity that operates multiple full-time virtual
  schools under contracts described by Section 30B.212 shall receive
  an accountability rating for:
               (1)  each full-time virtual school as if the school
  were a campus; and
               (2)  the entity as if the entity were a school district
  or open-enrollment charter school and each full-time virtual school
  were a campus of the district or school.
         Sec. 30B.208.  TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)
  Each teacher at a full-time virtual school 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 30B.116(a)
  or 30B.117 before teaching at a full-time virtual school.
         (b)  The commissioner by rule shall establish procedures for
  verifying successful completion by a teacher of the appropriate
  professional development course required by Subsection (a)(2).
         (c)  The commissioner by rule shall establish qualifications
  and professional development requirements applicable to college
  instructors providing instruction in dual credit courses through a
  full-time virtual school that allow a student to earn high school
  credit and college credit or other credit.
         Sec. 30B.209.  FUNDING. (a)  A full-time virtual school in
  which a student described by Section 30B.002(a)(1) is enrolled is
  entitled to funding under Chapter 48 or in accordance with the terms
  of a charter granted under Chapter 12 for the student's enrollment
  in electronic courses in a full-time virtual school in the same
  manner that a school district or charter school would be 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)  A full-time virtual school may charge a fee for a
  student who does not qualify under Section 30B.002(a)(1).
         Sec. 30B.210.  ORIENTATION COURSE. Each full-time virtual
  school shall require a student to take an orientation course before
  enrolling in the school.  The agency shall provide guidance
  regarding the development and delivery of an orientation course.
         Sec. 30B.211.  PARENT-TEACHER CONFERENCE. (a)  Each
  full-time virtual school, on a periodic basis throughout each
  school year, shall communicate with each parent of or person
  standing in parental relation to an enrolled student regarding the
  performance and progress of the student. The school shall:
               (1)  provide opportunities for parent-teacher
  conferences;
               (2)  document any requests for parent-teacher
  conferences; and
               (3)  permit students to participate in the
  parent-teacher conferences.
         (b)  Parent-teacher conferences may be conducted in person
  or through electronic means.
         Sec. 30B.212.  CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL
  SERVICES. (a) A school district or charter school authorized to
  operate a full-time virtual school under Section 30B.201 that
  contracts with an entity to operate the full-time virtual school
  shall report to the agency:
               (1)  the identity of the contracted entity each year
  the contracted entity operates the full-time virtual school; and
               (2)  information required to be reported under Section
  48.008 regarding staff and finances as if the full-time virtual
  school were a campus.
         (b)  A school district or charter school shall revoke a
  contract with an entity to operate a full-time virtual school for
  the district or school if the entity has received for the three most
  recent school years a campus or district accountability rating of D
  or F under Subchapter C, Chapter 39. A school district or charter
  school shall include a contract revocation provision in each
  contract entered into with an entity to operate a full-time virtual
  school for the district or school under this section.
         (c)  The agency shall notify a school district or charter
  school that the district or school is subject to Subsection (b) if
  its full-time virtual school campus has received for the three most
  recent school years accountability ratings described by Subsection
  (b). Failure to receive notice under this subsection does not
  affect the requirement imposed on the district or school under
  Subsection (b).
         (d)  A school district or charter school may not contract
  with an entity to operate a full-time virtual school for the
  district or school if the contracted entity operated a full-time
  virtual school for a district or school and the contracting entity
  was subject to a contract revocation under Subsection (b) within
  the preceding 10 years.
         (e)  The agency shall include a list of entities subject to a
  contract revocation under Subsection (b) on the state virtual
  school network Internet website.
         (f)  An entity under this section includes a corporate
  affiliate or an entity that is substantially related to the entity.
         (g)  The commissioner may adopt rules to implement this
  section.
         Sec. 30B.213.  INITIAL TERM OF OPERATION; PROCEDURE FOR
  RENEWAL, DENIAL OF RENEWAL, AND EXPIRATION. (a) The initial term
  of operation for a full-time virtual school is five years.
         (a-1)  Notwithstanding Subsection (a), the initial term of
  operation for a full-time virtual school is three years for a school
  district or charter school that receives initial authorization to
  operate the full-time virtual school for the 2021-2022 or 2022-2023
  school year.  This subsection expires September 1, 2025.
         (b)  The commissioner by rule shall develop a procedure for
  the renewal, denial of renewal, and expiration of an authorization
  to operate a full-time virtual school at the end of the
  authorization's term. The procedure must include consideration of
  the accountability rating under Chapter 39 of the full-time virtual
  school.
         (c)  To renew an authorization to operate a full-time virtual
  school at the end of a term of operation, the entity operating the
  full-time virtual school shall submit a petition for renewal to the
  commissioner in the time and manner developed under Subsection (b).
         (d)  If an entity authorized to operate a full-time virtual
  school under Section 30B.201 has received for the three most recent
  school years an accountability rating for the school of B or higher
  under Subchapter C, Chapter 39, and submits a petition for renewal
  under Subsection (c), the entity's authorization to operate the
  school automatically renews unless, not later than the 60th day
  after the date the entity submits the petition, the commissioner
  provides written notice to the entity that automatic renewal is
  denied.
         (e)  If an entity authorized to operate a full-time virtual
  school under Section 30B.201 has received for the three most recent
  school years an accountability rating for the school of C under
  Subchapter C, Chapter 39, the commissioner may deny renewal of
  authorization for the entity to operate the school.
         (f)  If an entity authorized to operate a full-time virtual
  school under Section 30B.201 has received a campus or district
  accountability rating of D or F under Subchapter C, Chapter 39, the
  commissioner shall deny renewal of authorization for the entity to
  operate a school.
         (g)  The renewal term for a full-time virtual school under
  this section is 10 years.
         (h)  Notwithstanding any other law, a determination by the
  commissioner under this section is final and may not be appealed.
         Sec. 30B.214.  BASIS FOR REVOCATION OF FULL-TIME VIRTUAL
  SCHOOL AUTHORIZATION. (a) The commissioner may revoke
  authorization for an entity to operate a full-time virtual school
  under this subchapter if the commissioner determines that:
               (1)  the school is not meeting the best interests of its
  students; or
               (2)  the revocation is necessary to ensure that
  full-time virtual schools are high quality.
         (b)  The commissioner shall revoke the authorization for an
  entity to operate a full-time virtual school under this subchapter
  if the entity has received for the three most recent years a campus
  or district accountability rating of D or F under Subchapter C,
  Chapter 39.
         Sec. 30B.215.  PROCEDURE FOR REVOCATION OR DENIAL OF
  RENEWAL. (a) The procedure developed by the commissioner under
  Section 30B.213(b) shall include an informal procedure for:
               (1)  revoking an authorization to operate a full-time
  virtual school; and
               (2)  denying the renewal of an authorization to operate
  a full-time virtual school.
         (b)  The procedure developed under Subsection (a) must allow
  representatives of the full-time virtual school to meet with the
  commissioner to discuss the decision and allow the full-time
  virtual school to submit additional information to the
  commissioner. In a final decision issued by the commissioner, the
  commissioner shall provide a written response to any information
  the full-time virtual school submits under this subsection.
         (c)  A decision by the commissioner under this section is
  final and may not be appealed.
         Sec. 30B.216.  EFFECT OF REVOCATION OR DENIAL OF RENEWAL OF
  AUTHORIZATION TO OPERATE FULL-TIME VIRTUAL SCHOOL. If the
  commissioner revokes or denies the renewal of an entity's
  authorization to operate a full-time virtual school under this
  subchapter, the school may not continue to operate or receive state
  funds under this subchapter.
         SECTION 14.  Section 33.009(d), Education Code, is amended
  to read as follows:
         (d)  An academy developed under this section must provide
  counselors and other postsecondary advisors with knowledge and
  skills to provide counseling to students regarding postsecondary
  success and productive career planning and must include information
  relating to:
               (1)  each endorsement described by Section
  28.025(c-1), including:
                     (A)  the course requirements for each
  endorsement; and
                     (B)  the postsecondary educational and career
  opportunities associated with each endorsement;
               (2)  available methods for a student to earn credit for
  a course not offered at the school in which the student is enrolled,
  including enrollment in an electronic course provided through the
  state virtual school network under Chapter 30B [30A];
               (3)  general academic performance requirements for
  admission to an institution of higher education, including the
  requirements for automatic admission to a general academic teaching
  institution under Section 51.803;
               (4)  regional workforce needs, including information
  about the required education and the average wage or salary for
  careers that meet those workforce needs; and
               (5)  effective strategies for engaging students and
  parents in planning for postsecondary education and potential
  careers, including participation in mentorships and business
  partnerships.
         SECTION 15.  Section 48.104(f), Education Code, is amended
  to read as follows:
         (f)  A student receiving a full-time virtual education under
  Chapter 30B [through the state virtual school network] may be
  included in determining the number of students who are
  educationally disadvantaged and reside in an economically
  disadvantaged census block group under Subsection (b) or (e), as
  applicable, if the school district or full-time virtual school
  submits to the commissioner a plan detailing the enhanced services
  that will be provided to the student and the commissioner approves
  the plan.
         SECTION 16.  The following provisions of the Education Code
  are repealed:
               (1)  the heading to Chapter 30A;
               (2)  the heading to Subchapter A, Chapter 30A;
               (3)  Section 30A.006;
               (4)  the heading to Subchapter B, Chapter 30A;
               (5)  Section 30A.053;
               (6)  Section 30A.055;
               (7)  Section 30A.056;
               (8)  the heading to Subchapter C, Chapter 30A;
               (9)  Section 30A.1042;
               (10)  the heading to Subchapter D, Chapter 30A; and
               (11)  Section 30A.152.
         SECTION 17.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 18.  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, 2021.