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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of virtual education in public schools |
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and to certain waivers and modifications by the commissioner of |
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education to the method of calculating average daily attendance in |
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an emergency or crisis for purposes of preserving school district |
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funding entitlements under the Foundation School Program during |
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that emergency or crisis; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. VIRTUAL EDUCATION |
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SECTION 1.01. The heading to Section 26.0031, Education |
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Code, is amended to read as follows: |
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Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL COURSES |
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[SCHOOL NETWORK]. |
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SECTION 1.02. Section 26.0031, Education Code, is amended |
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by amending Subsections (a), (b), (c), (c-1), (d), and (e) and |
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adding Subsection (b-1) to read as follows: |
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(a) At the time and in the manner that a school district or |
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open-enrollment charter school informs students and parents about |
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courses that are offered in the district's or school's traditional |
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classroom setting, the district or school shall notify parents and |
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students of the option to enroll in a virtual [an electronic] course |
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offered by the district or school in which the student is enrolled |
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or by another district or school [through the state virtual school |
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network] under Chapter 30B [30A]. |
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(b) Except as provided by Subsection (c), a school district |
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or open-enrollment charter school in which a student is enrolled as |
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a full-time student may not deny the request of a parent of a |
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student to enroll the student in a virtual [an electronic] course |
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offered by the district or school in which the student is enrolled |
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or by another district or school [through the state virtual school |
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network] under Chapter 30B [30A]. |
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(b-1) A school district or open-enrollment charter school |
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may not actively discourage a student, including by threat or |
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intimidation, from enrolling in a virtual course. |
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(c) A school district or open-enrollment charter school may |
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deny a request to enroll a student in a virtual [an electronic] |
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course if: |
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(1) a student attempts to enroll in a course load that |
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is inconsistent with the student's high school graduation plan or |
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requirements for college admission or earning an industry |
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certification; |
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(2) the student requests permission to enroll in a |
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virtual [an electronic] course at a time that is not consistent with |
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the enrollment period established by the school district or |
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open-enrollment charter school providing the course; or |
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(3) the district or school determines that the cost of |
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the course is too high [offers a substantially similar course]. |
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(c-1) A school district or open-enrollment charter school |
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may decline to pay the cost for a student of more than three |
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yearlong virtual [electronic] courses, or the equivalent, during |
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any school year. This subsection does not: |
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(1) limit the ability of the student to enroll in |
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additional virtual [electronic] courses at the student's cost; or |
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(2) apply to a student enrolled in a full-time virtual |
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[online] program [that was operating on January 1, 2013]. |
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(d) Notwithstanding Subsection (c)(2), a school district or |
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open-enrollment charter school that provides a virtual [an |
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electronic] course [through the state virtual school network] under |
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Chapter 30B [30A] shall make all reasonable efforts to accommodate |
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the enrollment of a student in the course under special |
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circumstances. |
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(e) A school district or open-enrollment charter school |
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that denies a request to enroll a student in a virtual course under |
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Subsection (c) must provide a written explanation of the denial to |
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the student and the student's parent. The written explanation must |
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provide notice of the student's ability to appeal the decision and |
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an explanation of the appeal process, including the process of |
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pursuing a final appeal heard by the board of trustees of the |
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district or the governing board of the school. A determination made |
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by the board of trustees of the school district or the governing |
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board of the open-enrollment charter school [A parent may appeal to |
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the commissioner a school district's or open-enrollment charter |
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school's decision to deny a request to enroll a student in an |
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electronic course offered through the state virtual school network. |
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The commissioner's decision] under this subsection is final and may |
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not be appealed. |
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SECTION 1.03. Subtitle F, Title 2, Education Code, is |
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amended by adding Chapter 30B to read as follows: |
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CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL |
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CAMPUSES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 30B.001. DEFINITIONS. In this chapter: |
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(1) "Full-time hybrid campus" means a full-time |
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educational program authorized under Subchapter C in which: |
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(A) a student is in attendance in person for less |
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than 90 percent of the minutes of instruction provided; and |
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(B) the instruction and content may be delivered |
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over the Internet, in person, or through other means. |
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(2) "Full-time virtual campus" means a full-time |
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educational program authorized under Subchapter C in which: |
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(A) a student is in attendance in person |
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minimally or not at all; and |
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(B) the instruction and content are delivered |
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primarily over the Internet. |
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(3) "Parent" means a student's parent or a person |
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standing in parental relation to a student. |
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(4) "Virtual course" means a course in which |
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instruction and content are delivered primarily over the Internet. |
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(5) "Whole campus virtual instruction provider" means |
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a private or third-party service that provides oversight and |
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management of the virtual instruction services or otherwise |
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provides a preponderance of those services for a full-time virtual |
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or full-time hybrid campus. |
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Sec. 30B.002. RULES. (a) The commissioner shall adopt |
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rules as necessary to administer this chapter. |
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(b) To the extent practicable, the commissioner shall |
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consult school districts, open-enrollment charter schools, and |
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parents in adopting rules under this section. |
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(c) The agency may form an advisory committee similar to an |
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advisory committee described by Section 2110.001, Government Code, |
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to comply with the provisions of this section. Chapter 2110, |
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Government Code, does not apply to an advisory committee formed |
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under this section. |
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Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes |
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of this chapter, the commissioner may seek and accept a grant from a |
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public or private person. |
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(b) For purposes of this chapter, the commissioner may |
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accept federal funds and shall use those funds in compliance with |
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applicable federal law, regulations, and guidelines. |
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Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET |
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SERVICE. This chapter does not: |
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(1) require a school district, an open-enrollment |
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charter school, a virtual course provider, or the state to provide a |
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student with home computer equipment or Internet access for a |
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virtual course provided by a school district or open-enrollment |
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charter school; or |
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(2) prohibit a school district or open-enrollment |
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charter school from providing a student with home computer |
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equipment or Internet access for a virtual course provided by the |
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district or school. |
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SUBCHAPTER B. VIRTUAL COURSES |
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Sec. 30B.051. VIRTUAL COURSE INSTRUCTION PERMITTED. (a) A |
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school district or open-enrollment charter school may deliver |
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instruction through virtual courses in the manner provided by this |
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chapter. |
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(a-1) The following entities may deliver instruction |
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through virtual courses under this chapter in the same manner |
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provided for a school district or open-enrollment charter school: |
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(1) a consortium of school districts or |
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open-enrollment charter schools; |
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(2) an institution of higher education, as that term |
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is defined by Section 61.003; or |
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(3) a regional education service center. |
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(b) A school district or open-enrollment charter school |
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that delivers instruction through a virtual course shall develop |
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written information describing each virtual course available for |
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enrollment and complying with any other requirement of Section |
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26.0031. |
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(c) A school district or open-enrollment charter school |
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shall make information under this section available to students and |
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parents at the time students ordinarily select courses and may |
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provide that information to students and parents at other times as |
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determined by the district or school. |
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Sec. 30B.052. VIRTUAL COURSE QUALITY REQUIREMENTS. A |
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school district or open-enrollment charter school that offers a |
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virtual course under this chapter must certify to the commissioner |
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that the virtual course: |
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(1) includes the appropriate essential knowledge and |
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skills adopted under Subchapter A, Chapter 28; |
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(2) provides instruction at the appropriate level of |
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rigor for the grade level at which the course is offered and will |
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prepare a student enrolled in the course for the student's next |
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grade level or a subsequent course in a similar subject matter; and |
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(3) meets standards for virtual courses adopted by the |
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commissioner, or, if standards are not adopted by the commissioner |
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for virtual courses, the National Standards for Quality Online |
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Courses published by the Virtual Learning Leadership Alliance, |
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Quality Matters, and the Digital Learning Collaborative, or a |
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successor publication. |
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Sec. 30B.053. RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES. |
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(a) Except as provided by Section 30B.106(b), a school district or |
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open-enrollment charter school may not require a student to enroll |
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in a virtual course. |
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(b) A student enrolled in a virtual course offered under |
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this chapter may participate in an extracurricular activity |
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sponsored or sanctioned by the school district or open-enrollment |
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charter school in which the student is enrolled or by the University |
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Interscholastic League in the same manner as other district or |
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school students. |
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(c) A virtual course offered under this chapter to a student |
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receiving special education services or other accommodations must |
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meet the needs of the participating student in a manner consistent |
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with Subchapter A, Chapter 29, and with federal law, including the |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794), as applicable. |
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Sec. 30B.054. RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES. |
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(a) A school district or open-enrollment charter school may not |
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require a classroom teacher to provide both virtual instruction and |
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in-person instruction for a course offered under this chapter |
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during the same class period. The commissioner may waive the |
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requirements of this subsection for courses included in the |
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enrichment curriculum under Section 28.002. |
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(b) A classroom teacher may not provide instruction for a |
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virtual course offered under this chapter unless: |
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(1) the teacher has received appropriate professional |
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development in virtual instruction, as determined by the school |
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district or open-enrollment charter school at which the teacher is |
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employed; or |
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(2) the district or school has determined that the |
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teacher has sufficient previous experience to not require the |
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professional development described by Subdivision (1). |
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(c) A school district or open-enrollment charter school may |
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not directly or indirectly coerce any classroom teacher hired to |
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provide in-person instruction to agree to an assignment to teach a |
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virtual course or a course at a full-time hybrid campus. |
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Sec. 30B.055. ASSESSMENTS. Except as authorized by |
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commissioner rule, an assessment instrument administered under |
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Section 39.023 or 39.025 to a student enrolled in a virtual course |
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offered under this chapter shall be administered to the student in |
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the same manner in which the assessment instrument is administered |
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to a student enrolled in an in-person course at the student's school |
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district or open-enrollment charter school. |
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Sec. 30B.056. TUITION AND FEES. A school district or |
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open-enrollment charter school may charge tuition and fees for a |
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virtual course provided to a student who: |
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(1) is not eligible to enroll in a public school in |
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this state; or |
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(2) is not enrolled in the school district or |
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open-enrollment charter school. |
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Sec. 30B.057. ATTENDANCE FOR CLASS CREDIT OR GRADE. A |
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school district or open-enrollment charter school shall establish |
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the participation necessary to earn credit or a grade for a virtual |
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course offered by the district or school notwithstanding Section |
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25.092. |
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Sec. 30B.058. FOUNDATION SCHOOL FUNDING. A student |
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enrolled in a virtual course offered under this chapter by a school |
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district or open-enrollment charter school is counted toward the |
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district's or school's average daily attendance in the same manner |
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as district or school students not enrolled in a virtual course. |
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Sec. 30B.059. AGENCY PUBLICATION OF AVAILABLE COURSES. (a) |
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The agency shall publish a list of virtual courses offered by school |
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districts and open-enrollment charter schools in this state that |
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includes: |
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(1) whether the course is available to a student who is |
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not otherwise enrolled in the offering district or school; |
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(2) the cost of the course; and |
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(3) information regarding any third-party provider |
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involved in the delivery of the course. |
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(b) A school district or open-enrollment charter school |
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shall provide to the agency information required to publish the |
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list under Subsection (a). |
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SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES |
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Sec. 30B.101. FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS |
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AUTHORIZATION. (a) A school district or open-enrollment charter |
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school may operate a full-time virtual campus or a full-time hybrid |
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campus if authorized by the commissioner in accordance with this |
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section. |
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(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 |
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operate a full-time virtual campus or a full-time hybrid campus. |
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The rules adopted by the commissioner may require certain written |
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application materials and interviews and shall require a school |
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district or open-enrollment charter school to: |
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(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; |
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(2) develop an academic plan that incorporates: |
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(A) curriculum and instructional practices |
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aligned with the appropriate essential knowledge and skills |
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provided under Subchapter A, Chapter 28; |
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(B) monitoring of the progress of student |
|
performance and interventions; |
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(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; |
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(3) develop an operations plan that addresses: |
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(A) staffing models; |
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(B) the designation of selected school leaders; |
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(C) professional development for staff; |
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(D) student and family engagement; |
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(E) school calendars and schedules; |
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(F) student enrollment eligibility; |
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(G) cybersecurity and student data privacy |
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measures; and |
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(H) any educational services to be provided by a |
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private or third party; and |
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(4) demonstrate the capacity to execute the district's |
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or school's plan successfully. |
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(c) A full-time virtual campus or full-time hybrid campus |
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authorized under this section must include: |
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(1) at least one grade level in which an assessment |
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instrument is required to be administered under Section 39.023(a) |
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or (c), including each subject or course for which an assessment |
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instrument is required in that grade level; |
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(2) sufficient grade levels, as determined by the |
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commissioner, to allow for the annual evaluation of the performance |
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of students who complete the courses offered; or |
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(3) for a campus that does not include grade levels |
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described by Subdivision (1) or (2), another performance evaluation |
|
measure approved by the commissioner during the authorization |
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process. |
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(d) A campus approved under this subchapter may only apply |
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for and receive authorization to operate as a full-time virtual |
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campus or a full-time hybrid campus. A campus may not change its |
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operation designation during the authorization process or after the |
|
campus is authorized. |
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(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 |
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that the authorization of the campus is likely to result in improved |
|
student learning opportunities. If a district or school will use a |
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private or third party in operating the campus, the commissioner |
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shall consider the historical performance of the private or third |
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party, if known, in making a determination under this section. |
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(f) A determination made by the commissioner under this |
|
section is final and not subject to appeal. |
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Sec. 30B.102. REVOCATION. (a) Unless revoked as provided |
|
by this section, the commissioner's authorization of a full-time |
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virtual campus or full-time hybrid campus under Section 30B.101 |
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continues indefinitely. |
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(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 |
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30B.101(c)(3). |
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(c) The commissioner may, based on a special investigation |
|
conducted under Section 39.003: |
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(1) revoke an authorization of a full-time virtual |
|
campus or full-time hybrid campus; or |
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(2) require any intervention authorized under that |
|
section. |
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(d) If a private or third party is determined to be |
|
ineligible under Section 30B.104, the commissioner shall revoke an |
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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 |
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request by the school district or open-enrollment charter school |
|
that operates the campus to use an alternative private or third |
|
party. |
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(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 |
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Section 39A.301. |
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Sec. 30B.103. REVISION RELATING TO A PRIVATE OR THIRD |
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PARTY. A school district or open-enrollment charter school shall |
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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. |
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Sec. 30B.104. PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a) |
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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. |
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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. |