By: Bell of Kaufman, et al. H.B. No. 681
        (Senate Sponsor - Bettencourt)
         (In the Senate - Received from the House April 20, 2023;
  May 2, 2023, read first time and referred to Committee on
  Education; May 21, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 11, Nays 0;
  May 21, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 681 By:  Paxton
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the provision of virtual education in public schools
  and to certain waivers and modifications by the commissioner of
  education to the method of calculating average daily attendance in
  an emergency or crisis for purposes of preserving school district
  funding entitlements under the Foundation School Program during
  that emergency or crisis; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. VIRTUAL EDUCATION
         SECTION 1.01.  The heading to Section 26.0031, Education
  Code, is amended to read as follows:
         Sec. 26.0031.  RIGHTS CONCERNING [STATE] VIRTUAL COURSES
  [SCHOOL NETWORK].
         SECTION 1.02.  Section 26.0031, Education Code, is amended
  by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
  adding Subsection (b-1) to read as follows:
         (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 a virtual [an electronic] course
  offered by the district or school in which the student is enrolled
  or by another district or school [through the state virtual school
  network] 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 a virtual [an electronic] course
  offered by the district or school in which the student is enrolled
  or by another district or school [through the state virtual school
  network] under Chapter 30B [30A].
         (b-1)  A school district or open-enrollment charter school
  may not actively discourage a student, including by threat or
  intimidation, from enrolling in a virtual course.
         (c)  A school district or open-enrollment charter school may
  deny a request to enroll a student in a virtual [an electronic]
  course if:
               (1)  a 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;
               (2)  the student requests permission to enroll in a
  virtual [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 determines that the cost of
  the course is too high [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 virtual [electronic] courses, or the equivalent, during
  any school year.  This subsection does not:
               (1)  limit the ability of the student to enroll in
  additional virtual [electronic] courses at the student's cost; or
               (2)  apply to a student enrolled in a full-time virtual
  [online] program [that was operating on January 1, 2013].
         (d)  Notwithstanding Subsection (c)(2), a school district or
  open-enrollment charter school that provides a virtual [an
  electronic] course [through the state virtual school network] under
  Chapter 30B [30A] shall make all reasonable efforts to accommodate
  the enrollment of a student in the course under special
  circumstances.
         (e)  A school district or open-enrollment charter school
  that denies a request to enroll a student in a virtual course under
  Subsection (c) must provide a written explanation of the denial to
  the student and the student's parent. The written explanation must
  provide notice of the student's ability to appeal the decision and
  an explanation of the appeal process, including the process of
  pursuing a final appeal heard by the board of trustees of the
  district or the governing board of the school. A determination made
  by the board of trustees of the school district or the governing
  board of the open-enrollment charter school [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.
  The commissioner's decision] under this subsection is final and may
  not be appealed.
         SECTION 1.03.  Subtitle F, Title 2, Education Code, is
  amended by adding Chapter 30B to read as follows:
  CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL
  CAMPUSES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 30B.001.  DEFINITIONS. In this chapter:
               (1)  "Full-time hybrid campus" means a full-time
  educational program authorized under Subchapter C in which:
                     (A)  a student is in attendance in person for less
  than 90 percent of the minutes of instruction provided; and
                     (B)  the instruction and content may be delivered
  over the Internet, in person, or through other means.
               (2)  "Full-time virtual campus" means a full-time
  educational program authorized under Subchapter C in which:
                     (A)  a student is in attendance in person
  minimally or not at all; and
                     (B)  the instruction and content are delivered
  primarily over the Internet.
               (3)  "Parent" means a student's parent or a person
  standing in parental relation to a student.
               (4)  "Virtual course" means a course in which
  instruction and content are delivered primarily over the Internet.
               (5)  "Whole campus virtual instruction provider" means
  a private or third-party service that provides oversight and
  management of the virtual instruction services or otherwise
  provides a preponderance of those services for a full-time virtual
  or full-time hybrid campus.
         Sec. 30B.002.  RULES. (a) The commissioner shall adopt
  rules as necessary to administer this chapter.
         (b)  To the extent practicable, the commissioner shall
  consult school districts, open-enrollment charter schools, and
  parents in adopting rules under this section.
         (c)  The agency may form an advisory committee similar to an
  advisory committee described by Section 2110.001, Government Code,
  to comply with the provisions of this section. Chapter 2110,
  Government Code, does not apply to an advisory committee formed
  under this section.
         Sec. 30B.003.  GRANTS AND FEDERAL FUNDS. (a) For purposes
  of this chapter, the commissioner may seek and accept a grant from a
  public or private person.
         (b)  For purposes of this chapter, the commissioner may
  accept federal funds and shall use those funds in compliance with
  applicable federal law, regulations, and guidelines.
         Sec. 30B.004.  PROVISION OF COMPUTER EQUIPMENT OR INTERNET
  SERVICE. This chapter does not:
               (1)  require a school district, an open-enrollment
  charter school, a virtual course provider, or the state to provide a
  student with home computer equipment or Internet access for a
  virtual course provided by a school district or open-enrollment
  charter school; or
               (2)  prohibit a school district or open-enrollment
  charter school from providing a student with home computer
  equipment or Internet access for a virtual course provided by the
  district or school.
  SUBCHAPTER B. VIRTUAL COURSES
         Sec. 30B.051.  VIRTUAL COURSE INSTRUCTION PERMITTED. (a) A
  school district or open-enrollment charter school may deliver
  instruction through virtual courses in the manner provided by this
  chapter.
         (a-1)  The following entities may deliver instruction
  through virtual courses under this chapter in the same manner
  provided for a school district or open-enrollment charter school:
               (1)  a consortium of school districts or
  open-enrollment charter schools;
               (2)  an institution of higher education, as that term
  is defined by Section 61.003; or
               (3)  a regional education service center.
         (b)  A school district or open-enrollment charter school
  that delivers instruction through a virtual course shall develop
  written information describing each virtual course available for
  enrollment and complying with any other requirement of Section
  26.0031.
         (c)  A school district or open-enrollment charter school
  shall make information under this section available to students and
  parents at the time students ordinarily select courses and may
  provide that information to students and parents at other times as
  determined by the district or school.
         Sec. 30B.052.  VIRTUAL COURSE QUALITY REQUIREMENTS. A
  school district or open-enrollment charter school that offers a
  virtual course under this chapter must certify to the commissioner
  that the virtual course:
               (1)  includes the appropriate essential knowledge and
  skills adopted under Subchapter A, Chapter 28;
               (2)  provides instruction at the appropriate level of
  rigor for the grade level at which the course is offered and will
  prepare a student enrolled in the course for the student's next
  grade level or a subsequent course in a similar subject matter; and
               (3)  meets standards for virtual courses adopted by the
  commissioner, or, if standards are not adopted by the commissioner
  for virtual courses, the National Standards for Quality Online
  Courses published by the Virtual Learning Leadership Alliance,
  Quality Matters, and the Digital Learning Collaborative, or a
  successor publication.
         Sec. 30B.053.  RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES.
  (a) Except as provided by Section 30B.106(b), a school district or
  open-enrollment charter school may not require a student to enroll
  in a virtual course.
         (b)  A student enrolled in a virtual course offered under
  this chapter may participate in an extracurricular activity
  sponsored or sanctioned by the school district or open-enrollment
  charter school in which the student is enrolled or by the University
  Interscholastic League in the same manner as other district or
  school students.
         (c)  A virtual course offered under this chapter to a student
  receiving special education services or other accommodations must
  meet the needs of the participating student in a manner consistent
  with Subchapter A, Chapter 29, and with 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), as applicable.
         Sec. 30B.054.  RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.
  (a) A school district or open-enrollment charter school may not
  require a classroom teacher to provide both virtual instruction and
  in-person instruction for a course offered under this chapter
  during the same class period. The commissioner may waive the
  requirements of this subsection for courses included in the
  enrichment curriculum under Section 28.002.
         (b)  A classroom teacher may not provide instruction for a
  virtual course offered under this chapter unless:
               (1)  the teacher has received appropriate professional
  development in virtual instruction, as determined by the school
  district or open-enrollment charter school at which the teacher is
  employed; or
               (2)  the district or school has determined that the
  teacher has sufficient previous experience to not require the
  professional development described by Subdivision (1).
         (c)  A school district or open-enrollment charter school may
  not directly or indirectly coerce any classroom teacher hired to
  provide in-person instruction to agree to an assignment to teach a
  virtual course or a course at a full-time hybrid campus.
         Sec. 30B.055.  ASSESSMENTS. Except as authorized by
  commissioner rule, an assessment instrument administered under
  Section 39.023 or 39.025 to a student enrolled in a virtual course
  offered under this chapter shall be administered to the student in
  the same manner in which the assessment instrument is administered
  to a student enrolled in an in-person course at the student's school
  district or open-enrollment charter school.
         Sec. 30B.056.  TUITION AND FEES. A school district or
  open-enrollment charter school may charge tuition and fees for a
  virtual course provided to a student who:
               (1)  is not eligible to enroll in a public school in
  this state; or
               (2)  is not enrolled in the school district or
  open-enrollment charter school.
         Sec. 30B.057.  ATTENDANCE FOR CLASS CREDIT OR GRADE.  A
  school district or open-enrollment charter school shall establish
  the participation necessary to earn credit or a grade for a virtual
  course offered by the district or school notwithstanding Section
  25.092.
         Sec. 30B.058.  FOUNDATION SCHOOL FUNDING. A student
  enrolled in a virtual course offered under this chapter by a school
  district or open-enrollment charter school is counted toward the
  district's or school's average daily attendance in the same manner
  as district or school students not enrolled in a virtual course.
         Sec. 30B.059.  AGENCY PUBLICATION OF AVAILABLE COURSES. (a)
  The agency shall publish a list of virtual courses offered by school
  districts and open-enrollment charter schools in this state that
  includes:
               (1)  whether the course is available to a student who is
  not otherwise enrolled in the offering district or school;
               (2)  the cost of the course; and
               (3)  information regarding any third-party provider
  involved in the delivery of the course.
         (b)  A school district or open-enrollment charter school
  shall provide to the agency information required to publish the
  list under Subsection (a).
  SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES
         Sec. 30B.101.  FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS
  AUTHORIZATION. (a) A school district or open-enrollment charter
  school may operate a full-time virtual campus or a full-time hybrid
  campus if authorized by the commissioner in accordance with this
  section.
         (b)  The commissioner shall adopt rules establishing the
  requirements for and process by which a school district or
  open-enrollment charter school may apply for authorization to
  operate a full-time virtual campus or a full-time hybrid campus.  
  The rules adopted by the commissioner may require certain written
  application materials and interviews and shall require a school
  district or open-enrollment charter school to:
               (1)  engage in a year of planning before offering a
  course under this chapter to verify the course is designed in
  accordance with high-quality criteria;
               (2)  develop an academic plan that incorporates:
                     (A)  curriculum and instructional practices
  aligned with the appropriate essential knowledge and skills
  provided under Subchapter A, Chapter 28;
                     (B)  monitoring of the progress of student
  performance and interventions;
                     (C)  a method for meeting the needs of and
  complying with federal and state requirements for special
  populations and at-risk students; and
                     (D)  compliance with the requirements of this
  chapter;
               (3)  develop an operations plan that addresses:
                     (A)  staffing models;
                     (B)  the designation of selected school leaders;
                     (C)  professional development for staff;
                     (D)  student and family engagement;
                     (E)  school calendars and schedules;
                     (F)  student enrollment eligibility;
                     (G)  cybersecurity and student data privacy
  measures; and
                     (H)  any educational services to be provided by a
  private or third party; and
               (4)  demonstrate the capacity to execute the district's
  or school's plan successfully.
         (c)  A full-time virtual campus or full-time hybrid campus
  authorized under this section must include:
               (1)  at least one grade level in which an assessment
  instrument is required to be administered under Section 39.023(a)
  or (c), including each subject or course for which an assessment
  instrument is required in that grade level;
               (2)  sufficient grade levels, as determined by the
  commissioner, to allow for the annual evaluation of the performance
  of students who complete the courses offered; or
               (3)  for a campus that does not include grade levels
  described by Subdivision (1) or (2), another performance evaluation
  measure approved by the commissioner during the authorization
  process.
         (d)  A campus approved under this subchapter may only apply
  for and receive authorization to operate as a full-time virtual
  campus or a full-time hybrid campus. A campus may not change its
  operation designation during the authorization process or after the
  campus is authorized.
         (e)  The commissioner may only authorize a school district or
  open-enrollment charter school to operate a full-time virtual
  campus or a full-time hybrid campus if the commissioner determines
  that the authorization of the campus is likely to result in improved
  student learning opportunities. If a district or school will use a
  private or third party in operating the campus, the commissioner
  shall consider the historical performance of the private or third
  party, if known, in making a determination under this section.
         (f)  A determination made by the commissioner under this
  section is final and not subject to appeal.
         Sec. 30B.102.  REVOCATION. (a)  Unless revoked as provided
  by this section, the commissioner's authorization of a full-time
  virtual campus or full-time hybrid campus under Section 30B.101
  continues indefinitely.
         (b)  The commissioner shall revoke the authorization of a
  full-time virtual campus or full-time hybrid campus if the campus
  has been assigned, for the three preceding school years:
               (1)  an unacceptable performance rating under
  Subchapter C, Chapter 39;
               (2)  a financial accountability performance rating
  under Subchapter D, Chapter 39, indicating financial performance
  lower than satisfactory;
               (3)  any combination of the ratings described by
  Subdivision (1) or (2); or
               (4)  a rating of performance that needs improvement or
  unacceptable, as determined by the commissioner, on a performance
  evaluation approved by the commissioner under Section
  30B.101(c)(3).
         (c)  The commissioner may, based on a special investigation
  conducted under Section 39.003:
               (1)  revoke an authorization of a full-time virtual
  campus or full-time hybrid campus; or
               (2)  require any intervention authorized under that
  section.
         (d)  If a private or third party is determined to be
  ineligible under Section 30B.104, the commissioner shall revoke an
  authorization of a full-time virtual campus or full-time hybrid
  campus for which the private or third party acts as a whole campus
  virtual instruction provider, unless the commissioner approves a
  request by the school district or open-enrollment charter school
  that operates the campus to use an alternative private or third
  party.
         (e)  An appeal by a school district or open-enrollment
  charter school of a revocation of an authorization under this
  chapter that results in the closure of a campus must be made under
  Section 39A.301.
         Sec. 30B.103.  REVISION RELATING TO A PRIVATE OR THIRD
  PARTY. A school district or open-enrollment charter school shall
  provide notice to the commissioner of the use of or change in
  affiliation of a private or third party acting as a whole campus
  virtual instruction provider for the full-time virtual campus or
  full-time hybrid campus.
         Sec. 30B.104.  PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)
  The commissioner shall, to the extent feasible, evaluate the
  performance of a private or third party acting as a whole campus
  virtual instruction provider for a school district or
  open-enrollment charter school.
         (b)  The commissioner shall establish a standard to
  determine if a private or third party is ineligible to act as a
  whole campus virtual education provider. A private or third party
  determined to be ineligible under this section remains ineligible
  until after the fifth anniversary of that determination.
         Sec. 30B.105.  STUDENT ELIGIBILITY. (a) A student eligible
  to enroll in a public school of this state is eligible to enroll at a
  full-time hybrid campus.
         (b)  A student is eligible to enroll in a full-time virtual
  campus if the student:
               (1)  attended a public school in this state for a
  minimum of six weeks in the current school year or in the preceding
  school year;
               (2)  is, in the school year in which the student first
  seeks to enroll in the full-time virtual campus, enrolled in the
  first grade or a lower grade level;
               (3)  was not required to attend public school in this
  state due to nonresidency during the preceding school year;
               (4)  is a dependent of a member of the United States
  military who has been deployed; or
               (5)  has been placed in substitute care in this state.
         Sec. 30B.106.  STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL
  AND FULL-TIME HYBRID CAMPUSES.  (a) A student enrolled in a school
  district may not be compelled to enroll in a full-time virtual or
  full-time hybrid campus. A school district must offer the option
  for a student's parent to select in-person instruction for the
  student.
         (b)  Notwithstanding Subsection (a) or Section 30B.053, an
  open-enrollment charter school may require a student to attend a
  full-time virtual or full-time hybrid campus.
         Sec. 30B.107.  CAMPUS DESIGNATIONS. The commissioner shall
  determine and assign a unique campus designation number to each
  full-time virtual campus or full-time hybrid campus authorized
  under this subchapter.
         Sec. 30B.108.  FUNDING. (a) For purposes of calculating the
  average daily attendance of students attending a full-time virtual
  campus or full-time hybrid campus, the commissioner shall use the
  number of full-time equivalent students enrolled in the full-time
  virtual or full-time hybrid campus multiplied by the average
  attendance rate of the school district or open-enrollment charter
  school that offers the full-time virtual or full-time hybrid campus
  not including any student enrolled full-time in a full-time virtual
  or full-time hybrid campus. In the event that a reliable attendance
  rate cannot be determined under this section, the commissioner
  shall use the statewide average attendance rate.
         (b)  The commissioner shall provide proportionate funding to
  the applicable school district or open-enrollment charter school
  for a student that alternates attendance between a traditional,
  in-person campus setting and the full-time virtual or full-time
  hybrid campus of any single district or school in the same school
  year.
  SUBCHAPTER D. STATE SUPPORT
         Sec. 30B.151.  EDUCATOR PROFESSIONAL DEVELOPMENT. From
  funds appropriated or otherwise available, the agency shall develop
  professional development courses and materials aligned with
  research-based practices for educators in providing high-quality
  virtual education.
         Sec. 30B.152.  DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
  From funds appropriated or otherwise available, the agency shall
  provide grants and technical assistance to school districts and
  open-enrollment charter schools to aid in the establishment of
  high-quality full-time virtual or full-time hybrid campuses.
         SECTION 1.04.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0071 to read as follows:
         Sec. 37.0071.  VIRTUAL EDUCATION AS ALTERNATIVE TO
  EXPULSION. (a)  Except as provided by Subsection (b), before a
  school district or open-enrollment charter school may expel a
  student, the district or school shall consider the appropriateness
  and feasibility of enrolling the student in a full-time virtual
  education program as an alternative to expulsion.
         (b)  Subsection (a) does not apply to a student expelled
  under Section 37.0081 or 37.007(a), (d), or (e).
  ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM
         SECTION 2.01.  Section 48.005, Education Code, is amended by
  adding Subsection (e-1) to read as follows:
         (e-1)  In a school year in which the occurrence of an
  emergency or crisis, as defined by commissioner rule, causes a
  statewide decrease in average daily attendance of school districts
  entitled to funding under this chapter or, for an emergency or
  crisis occurring only within a specific region of this state,
  causes a regional decrease in the average daily attendance of
  school districts located in the affected region, the commissioner
  shall modify or waive requirements applicable to the affected
  districts under this section and adopt appropriate safeguards as
  necessary to ensure the continued support and maintenance of an
  efficient system of public free schools and the continued delivery
  of high-quality instruction under that system.
         SECTION 2.02.  Section 48.053(b), Education Code, is amended
  to read as follows:
         (b)  A school district to which this section applies is
  entitled to funding under this chapter as if the district were a
  full-time virtual campus or full-time hybrid campus for purposes of
  Section 30B.108 with [had] no tier one local share for purposes of
  Section 48.256 for each student enrolled in the district:
               (1)  who resides in this state; or
               (2)  who:
                     (A)  is a dependent of a member of the United
  States military;
                     (B)  was previously enrolled in school in this
  state; and
                     (C)  does not reside in this state due to a
  military deployment or transfer.
  ARTICLE 3. CONFORMING CHANGES
         SECTION 3.01.  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, or Subchapter E of Chapter 30, [or Chapter 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 3.02.  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 virtual courses offered by school districts and
  open-enrollment charter schools under Chapter 30B [through the
  state virtual school network under 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 3.03.  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, virtual 
  [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 3.04.  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 a virtual [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 3.05.  Section 48.104(f), Education Code, is amended
  to read as follows:
         (f)  A student receiving a full-time virtual education
  provided through a full-time virtual campus 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 submits to the commissioner a plan detailing the
  enhanced services that will be provided to the student and the
  commissioner approves the plan.
         SECTION 3.06.  Section 48.111(b), Education Code, is amended
  to read as follows:
         (b)  For purposes of Subsection (a), in determining the
  number of students enrolled in a school district, the commissioner
  shall exclude students enrolled in the district who receive
  full-time instruction provided through a full-time virtual campus
  under Chapter 30B [through the state virtual school network under
  Chapter 30A].
  ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
         SECTION 4.01.  The following provisions of the Education
  Code are repealed:
               (1)  Section 21.051(g);
               (2)  Section 25.092(a-4);
               (3)  Section 26.0031(f);
               (4)  Section 29.9091;
               (5)  Chapter 30A;
               (6)  Section 39.0549;
               (7)  Sections 39.301(c-1) and (c-2);
               (8)  Sections 48.005(h-1), (m-1), and (m-2);
               (9)  Sections 48.053(b-1) and (b-2); and
               (10)  Section 48.0071.
         SECTION 4.02.  (a) Notwithstanding the repeal by this Act of
  Chapter 30A, Education Code, a school district or open-enrollment
  charter school providing an electronic course or a full-time
  program through the state virtual school network in accordance with
  Chapter 30A, Education Code, as that law existed immediately before
  the effective date of this Act, may, except as provided by
  Subsection (b) of this section, continue to provide that course or
  full-time program as if that chapter were still in effect until the
  end of the 2024-2025 school year.
         (b)  The funding provided to a school district or
  open-enrollment charter school for a student enrolled in an
  electronic course or full-time program offered through the state
  virtual school network in accordance with Chapter 30A, Education
  Code, as that law existed immediately before the effective date of
  this Act, shall be determined, as applicable, under Section 30B.058
  or 30B.108, Education Code, as added by this Act.
         SECTION 4.03.  (a) Notwithstanding the repeal by this Act of
  Section 29.9091, Education Code, a school district or
  open-enrollment charter school operating a full-time local remote
  learning program in accordance with Section 29.9091, Education
  Code, as that law existed immediately before the effective date of
  this Act, may, except as provided by Subsections (b) and (c) of this
  section, continue to operate the local remote learning program as
  if that section were still in effect until the end of the 2024-2025
  school year.
         (b)  A local remote learning program operated by a school
  district in accordance with Section 29.9091, Education Code, as
  that section existed immediately before the effective date of this
  Act, must operate in compliance with Section 30B.105, Education
  Code, as added by this Act, and may not operate in compliance with
  Section 29.9091(d) or (e) or Section 48.005(m-1), Education Code,
  as those sections existed immediately before the effective date of
  this Act.
         (c)  The funding provided to a school district or
  open-enrollment charter school for a student enrolled in a local
  remote learning program operated in accordance with Section
  29.9091, Education Code, as that law existed immediately before the
  effective date of this Act, shall be determined under Section
  30B.108, Education Code, as added by this Act.
         SECTION 4.04.  (a) Notwithstanding the repeal by this Act of
  Section 48.0071, Education Code, a school district or
  open-enrollment charter school providing an off-campus electronic
  course, off-campus electronic program, or instructional program
  that combines in-person instruction and off-campus electronic
  instruction in accordance with Section 48.0071, Education Code, as
  that law existed immediately before the effective date of this Act,
  may, except as provided by Subsections (b) and (c) of this section,
  continue to provide the off-campus electronic course, off-campus
  electronic program, or instructional program that combines
  in-person instruction and off-campus electronic instruction as if
  that section were still in effect until the end of the 2024-2025
  school year.
         (b)  An off-campus electronic course, off-campus electronic
  program, or instructional program that combines in-person
  instruction and off-campus electronic instruction provided by a
  school district in accordance with Section 48.0071, Education Code,
  as that section existed immediately before the effective date of
  this Act, must operate in compliance with Section 30B.105,
  Education Code, as added by this Act, and may not operate in
  compliance with Section 48.005(m-1), Education Code, as that
  section existed immediately before the effective date of this Act.
         (c)  The funding provided to a school district or
  open-enrollment charter school for a student enrolled in an
  off-campus electronic course, off-campus electronic program, or
  instructional program that combines in-person instruction and
  off-campus electronic instruction provided in accordance with
  Section 48.0071, Education Code, as that law existed immediately
  before the effective date of this Act, shall be determined under
  Section 30B.108, Education Code, as added by this Act.
         SECTION 4.05.  The commissioner of education shall adopt
  rules providing an expedited authorization process for a school
  district or open-enrollment charter school that applies to operate
  a full-time virtual campus or a full-time hybrid campus under
  Chapter 30B, Education Code, as added by this Act, if the district
  or school, as of the effective date of this Act:
               (1)  operates an electronic course or full-time program
  through the state virtual school network in accordance with Chapter
  30A, Education Code, as that law existed immediately before the
  effective date of this Act;
               (2)  operates a local remote learning program under
  Section 29.9091, Education Code, as that law existed immediately
  before the effective date of this Act; or
               (3)  provides electronic instruction in accordance
  with Section 48.0071, Education Code, as that law existed
  immediately before the effective date of this Act.
         SECTION 4.06.  (a) Notwithstanding any other section of
  this Act, in a state fiscal year, the Texas Education Agency is not
  required to implement a provision found in another section of this
  Act that is drafted as a mandatory provision imposing a duty on the
  agency to take an action unless money is specifically appropriated
  to the agency for that fiscal year to carry out that duty. The Texas
  Education Agency may implement the provision in that fiscal year to
  the extent other funding is available to the agency to do so.
         (b)  If, as authorized by Subsection (a) of this section, the
  Texas Education Agency does not implement the mandatory provision
  in a state fiscal year, the agency, in its legislative budget
  request for the next state fiscal biennium, shall certify that fact
  to the Legislative Budget Board and include a written estimate of
  the costs of implementing the provision in each year of that next
  state fiscal biennium.
         (c)  This section and the suspension of the Texas Education
  Agency's duty to implement a mandatory provision of this Act, as
  provided by Subsection (a) of this section, expires and the duty to
  implement the mandatory provision resumes on September 1, 2027.
         SECTION 4.07.  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, 2023.
 
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