By: West S.B. No. 1389
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to remote learning programs provided by school districts
  and the calculation of average daily attendance in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.081, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A school district or open-enrollment charter school
  may include any minutes provided through a remote learning program
  under Subchapter O, Chapter 29, in the minutes of operation
  required by Subsection (a).
         SECTION 2.  Chapter 29, Education Code, is amended by adding
  Subchapter O to read as follows:
               SUBCHAPTER O. SCHOOL DISTRICT REMOTE LEARNING PROGRAM
         Sec. 29.601.  DEFINITION. In this subchapter, "remote
  learning" means instruction or a course offered by a school
  district or open-enrollment charter school in which:
                     (1)  instruction and content are delivered
  primarily over the internet;
                     (2)  the student and teacher are in different
  locations for a majority of the instructional period;
                     (3)  most instructional activities take place in
  an online environment; and
                     (4)  the student is not required to be located on
  the physical premises of a school district to receive the
  instruction.
         Sec.  29.602  ESTABLISHMENT OF REMOTE LEARNING PROGRAM. (a)  
  A school district or open-enrollment charter school may establish a
  remote learning program in which the district provides instruction
  through remote learning to a student eligible under Section 29.603
  or 20.604(b).
         (b)  A school district or open-enrollment charter school
  that establishes a program under Subsection (a) must ensure that a
  participating student makes annual progress toward grade
  completion or graduation.
         (c)  If a school district or open-enrollment charter school
  offers remote instruction for students receiving special education
  services, the program must meet the needs of a participating
  student in a manner consistent with Subchapter A 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).
         (d)  A school district or open-enrollment charter school may
  enroll a student in a remote learning program for a limited
  instructional time of the student's total instructional time and
  provide the remaining instruction to the student in a traditional
  classroom setting.
         (e)  A school district or open-enrollment charter school
  shall adopt procedures for reporting and verifying the attendance
  of a student enrolled in a remote learning program. The rules may
  modify the application of Sections 25.085, 25.086, 25.087 for a
  student enrolled in a remote learning program but must require
  active participation by the student in the program.
         (f)  The agency may not require a school district to use a
  specific curriculum provided or determined by the agency for remote
  learning. 
         Sec.  29.603.  STUDENT ELIGIBILITY FOR REMOTE LEARNING. Any
  student enrolled in a school district or open-enrollment charter
  school is eligible to enroll in a remote learning program under the
  subchapter if the district offers the program.
         Sec. 29.604.  ENROLLMENT OF STUDENTS FOR SPECIAL EDUCATION
  SERVICES. (a) A district or open enrollment charter school may
  enroll a student in a remote learning program if the district or
  open enrollment charter school provides for in person special
  education services under Subchapter A to any student enrolled in
  the remote learning program who is eligible or who may in the future
  be identified as being eligible to receive services under
  Subchapter A.
         (b)  Notwithstanding Section 29.603, a school district may
  enroll a student in the district's remote learning program who
  would not otherwise qualify if:
               (1)  the district enters into an agreement with the
  school district in which the student would otherwise be enrolled to
  provide remote learning to that student, and
               (2)  the agreement provides that a student
  participating in the remote learning program that is eligible for
  in-person special education services under Subchapter A shall
  receive those services from the school district in which the
  student would otherwise be enrolled.
         Sec. 29.605. REMOTE LEARNING INSTRUCTION OR COURSE
  COMPLETION. (a) Except as provided by Subsection (b), for a student
  to successfully complete instruction or courses provided through a
  remote learning program, the student's classroom teacher must
  determine that the student demonstrates academic proficiency of the
  content for the curriculum or course under the district's grading
  policy sufficient to:
                     (1)  for a student in high school, receive credit
  for the course; or
                     (2)  for a student enrolled in elementary or
  middle school grades, be promoted to the next grade level.
         (b)  If a student is enrolled in a remote learning program
  for a limited instructional time, the student's classroom teacher
  must determine whether the student successfully completes the
  instruction or course based on the student's demonstrated academic
  proficiency of the content for the curriculum or course delivered
  during the student's instructional time provided through remote
  learning.
         Sec.  29.606.  APPLICABILITY OF ACCOUNTABILITY
  REQUIREMENTS. (a) Chapter 39 applies to remote learning
  instruction or courses in the same manner that chapter applies to
  any other instruction or course offered by a school district.
         (b)  Each student enrolled in a remote learning program under
  this subchapter must take any assessment instrument required under
  Section 39.023. 
         (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
  instruction administered to students enrolled in remote learning
  instruction or courses separately from the results of assessment
  instruments administered to other students.
         Sec.  29.607  FOUNDATION SCHOOL PROGRAM FUNDING. A school
  district is entitled to funding under Chapter 48 for a student
  enrolled in a remote learning program in the same manner that the
  district is entitled to funding for the student's enrollment in a
  traditional classroom setting, provided that the student
  successfully completes the remote learning instruction or course.
         Sec. 29.608.  Extra-Curricular Activities for Remote
  Learning Student. A student participating in local remote learning
  may participate in University Interscholastic League or other
  extra-curricular activities at the physical campus at which the
  student is enrolled in accordance with local district or charter
  policy. 
         Sec.  29.609.  COMMISSIONER AUTHORITY. The commissioner may
  not waive a provision of this subchapter.
         SECTION 3.  Chapter 34, Education Code is amended by adding
  Section 34.016 to read as follows:
         Sec.  34.016  TRANSPORTATION FOR STUDENTS PARTICIPATING IN
  REMOTE LEARNING. (a) A student participating in a remote learning
  program provided by a school district under subchapter O, Chapter
  29, is eligible for transportation services under this chapter.
         SECTION  4.  Section 48.005, Education Code, is amended by
  adding Section 48.005 (h-1) which reads as follows:
         (h-1)  Students participating in local remote learning under
  Subchapter O, Chapter 21 shall be counted towards average
  attendance for the portion of the school year in which the student
  is enrolled by using the average daily attendance rate for the
  district or charter as a whole. A student participating in local
  remote learning shall be considered as in full or half-time
  attendance based on the coursework in which the student is enrolled
  in the same manner as students solely attending a school facility.
  All funding allotments in this code apply to a student
  participating in local remote learning in the same manner as for a
  student served entirely at a school facility. Nothing in this
  subsection shall be construed to count any student as in more than
  full-time attendance.
         SECTION  5.  This Act takes effect September 1, 2021.