Texas 2009 - 81st Regular

Texas House Bill HB1479 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R8485 KKA-D
2	2	By: Madden H.B. No. 1479
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the state virtual school network.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.001(b), Education Code, is amended to
10	10	read as follows:
11	11	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
12	12	A of [,] Chapter 29, [or] Subchapter E of [,] Chapter 30, or Chapter
13	13	30A, this code does not apply to students, facilities, or programs
14	14	under the jurisdiction of the Department of Aging and Disability
15	15	Services, the Department of State Health Services, the Health and
16	16	Human Services Commission, the Texas Youth Commission, the Texas
17	17	Department of Criminal Justice, a Job Corps program operated by or
18	18	under contract with the United States Department of Labor, or any
19	19	juvenile probation agency.
20	20	SECTION 2. Section 30A.002, Education Code, is amended by
21	21	amending Subsection (b) and adding Subsection (c) to read as
22	22	follows:
23	23	(b) A student is eligible to enroll full-time in courses
24	24	provided through the state virtual school network only if[:
25	25	[(1)] the student was enrolled in a public school in
26	26	this state in the preceding school year.
27	27	(c) Notwithstanding Subsection (a)(3) or (b), a student is
28	28	eligible to enroll in one or more courses provided through the state
29	29	virtual school network or enroll full-time in courses provided
30	30	through the network if [; or
31	31	[(2)] the student:
32	32	(1) [(A)] is a dependent of a member of the United
33	33	States military;
34	34	(2) [(B)] was previously enrolled in high school in
35	35	this state; and
36	36	(3) [(C)] does not reside in this state due to a
37	37	military deployment or transfer.
38	38	SECTION 3. Section 30A.004, Education Code, is amended by
39	39	adding Subsection (b-1) to read as follows:
40	40	(b-1) Requirements imposed by or under this chapter do not
41	41	apply to a virtual course provided by a school district only to
42	42	district students if the course is not provided as part of the state
43	43	virtual school network.
44	44	SECTION 4. Section 30A.101(b), Education Code, is amended
45	45	to read as follows:
46	46	(b) An open-enrollment charter school is eligible to act as
47	47	a provider school under this chapter only if the school is rated
48	48	recognized or higher under Section 39.072, and may serve as a
49	49	provider school only:
50	50	(1) to a student within the school district in which
51	51	the school is located or within its service area, whichever is
52	52	smaller; or
53	53	(2) to another student in the state:
54	54	(A) through an agreement with the school district
55	55	in which the student resides; or
56	56	(B) if the student receives educational services
57	57	under the supervision of a juvenile probation department, the Texas
58	58	Youth Commission, or the Texas Department of Criminal Justice,
59	59	through an agreement with the applicable agency [administering
60	60	authority under Section 30A.153].
61	61	SECTION 5. Sections 30A.105(c) and (d), Education Code, are
62	62	amended to read as follows:
63	63	(c) The agency shall [A school district, open-enrollment
64	64	charter school, or public or private institution of higher
65	65	education that submits an electronic course to the administering
66	66	authority for approval must] pay [a fee in an amount established by
67	67	the commissioner as sufficient to recover] the reasonable costs of
68	68	[to the administering authority in] evaluating and approving
69	69	electronic courses. If funds available to the agency for that
70	70	purpose are insufficient to pay the costs of evaluating and
71	71	approving all electronic courses submitted for evaluation and
72	72	approval, the agency shall give priority to paying the costs of
73	73	evaluating and approving the following courses:
74	74	(1) courses that satisfy high school graduation
75	75	requirements;
76	76	(2) courses that would likely benefit a student in
77	77	obtaining admission to a postsecondary institution;
78	78	(3) courses that allow a student to earn college
79	79	credit or other advanced credit;
80	80	(4) courses in subject areas most likely to be highly
81	81	beneficial to students receiving educational services under the
82	82	supervision of a juvenile probation department, the Texas Youth
83	83	Commission, or the Texas Department of Criminal Justice; and
84	84	(5) courses in subject areas designated by the
85	85	commissioner as commonly experiencing a shortage of teachers.
86	86	(d) If the agency determines that the costs of evaluating
87	87	and approving a submitted electronic course will not be paid by the
88	88	agency due to a shortage of funds available for that purpose, the
89	89	[The administering authority shall waive the fee required by
90	90	Subsection (c) if a] school district, open-enrollment charter
91	91	school, or public or private institution of higher education that
92	92	submitted the [applies for approval of an electronic] course for
93	93	evaluation and approval may pay the costs in order to ensure that
94	94	evaluation of the course occurs. [that was developed
95	95	independently by the district, school, or institution. For
96	96	purposes of this subsection, an electronic course is developed
97	97	independently by a district, school, or institution if a district,
98	98	school, or institution employee is responsible for developing
99	99	substantially each aspect of the course, including:
100	100	[(1) determining the curriculum elements to be
101	101	included in the course;
102	102	[(2) selecting any instructional materials for the
103	103	course;
104	104	[(3) determining the manner in which instruction is to
105	105	be delivered;
106	106	[(4) creating a lesson plan or similar description of
107	107	the instructional aspects of the course;
108	108	[(5) determining any special projects or assignments a
109	109	student in the course must complete; and
110	110	[(6) determining the manner in which a student's
111	111	progress in the course will be measured.]
112	112	SECTION 6. Subchapter C, Chapter 30A, Education Code, is
113	113	amended by adding Section 30A.1051 to read as follows:
114	114	Sec. 30A.1051. ELECTRONIC COURSE PORTABILITY. A student
115	115	who transfers from one educational setting to another after
116	116	beginning enrollment in an electronic course is entitled to
117	117	continue enrollment in the course.
118	118	SECTION 7. Section 30A.107(a), Education Code, is amended
119	119	to read as follows:
120	120	(a) A provider school district or school may offer
121	121	electronic courses to:
122	122	(1) students who reside in this state; and
123	123	(2) students who reside outside this state and who
124	124	meet the eligibility requirements under Section 30A.002(c)
125	125	[30A.002(b)].
126	126	SECTION 8. Section 30A.109, Education Code, is amended to
127	127	read as follows:
128	128	Sec. 30A.109. COMPULSORY ATTENDANCE. The commissioner by
129	129	rule shall adopt procedures for reporting and verifying the
130	130	attendance of a student enrolled in an electronic course provided
131	131	through the state virtual school network. The rules may modify the
132	132	application of Sections 25.085, 25.086, and 25.087 for a student
133	133	enrolled in an electronic course, but must require participation in
134	134	an educational program equivalent to the requirements prescribed by
135	135	those sections.
136	136	SECTION 9. Section 30A.111, Education Code, is amended to
137	137	read as follows:
138	138	Sec. 30A.111. TEACHER QUALIFICATIONS. (a) Each teacher
139	139	of an electronic course offered by a school district or
140	140	open-enrollment charter school through the state virtual school
141	141	network must:
142	142	(1) be certified under Subchapter B, Chapter 21, to
143	143	teach that course and grade level; and
144	144	(2) successfully complete the appropriate
145	145	professional development course provided under Section 30A.112(a)
146	146	or 30A.1121 before teaching an electronic course offered through
147	147	the network.
148	148	(b) The commissioner by rule shall establish procedures for
149	149	verifying successful completion by a teacher of the appropriate
150	150	professional development course required by Subsection (a)(2).
151	151	SECTION 10. Subchapter C, Chapter 30A, Education Code, is
152	152	amended by adding Section 30A.1121 to read as follows:
153	153	Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL
154	154	DEVELOPMENT. (a) Subject to Subsection (b), a school district or
155	155	open-enrollment charter school may provide professional
156	156	development courses to teachers seeking to become authorized to
157	157	teach electronic courses provided through the state virtual school
158	158	network. A district or school may provide a professional
159	159	development course that is approved under Subsection (b) to any
160	160	interested teacher, regardless of whether the teacher is employed
161	161	by the district or school.
162	162	(b) The agency shall review each professional development
163	163	course sought to be provided by a school district or
164	164	open-enrollment charter school under Subsection (a) to determine if
165	165	the course meets the quality standards established under Section
166	166	30A.113. If a course meets those standards, the district or school
167	167	may provide the course for purposes of enabling a teacher to comply
168	168	with Section 30A.111(a)(2).
169	169	SECTION 11. Section 30A.155, Education Code, is amended by
170	170	amending Subsections (a), (c), and (d) and adding Subsections (a-1)
171	171	and (c-1) to read as follows:
172	172	(a) A school district or open-enrollment charter school may
173	173	charge a fee for enrollment in an electronic course provided
174	174	through the state virtual school network to a student who resides in
175	175	this state and:
176	176	(1) is enrolled in a school district or
177	177	open-enrollment charter school as a full-time student; and
178	178	(2) is enrolled in a course load greater than that
179	179	normally taken by students in the equivalent grade level in other
180	180	school districts or open-enrollment charter schools[; and
181	181	[(3) does not qualify for accelerated student funding
182	182	under Section 30A.154].
183	183	(a-1) A school district or open-enrollment charter school
184	184	may charge a fee for enrollment in an electronic course provided
185	185	through the state virtual school network during the summer.
186	186	(c) The amount of a fee charged a student under Subsection
187	187	(a), (a-1), or (b) for each electronic course in which the student
188	188	enrolls through the state virtual school network may not exceed the
189	189	lesser of:
190	190	(1) the cost of providing the course; or
191	191	(2) $400.
192	192	(c-1) A school district or open-enrollment charter school
193	193	that is not the provider school district or school may charge a
194	194	student enrolled in the district or school a nominal fee, not to
195	195	exceed the amount specified by the commissioner, if the student
196	196	enrolls in an electronic course provided through the state virtual
197	197	school network that exceeds the course load normally taken by
198	198	students in the equivalent grade level. A juvenile probation
199	199	department or state agency may charge a comparable fee to a student
200	200	under the supervision of the department or agency.
201	201	(d) Except as provided by this section [Subsection (a) or
202	202	(b)], the state virtual school network may not charge a fee to
203	203	students for electronic courses provided through the network.
204	204	SECTION 12. Subchapter C, Chapter 42, Education Code, is
205	205	amended by adding Section 42.159 to read as follows:
206	206	Sec. 42.159. STATE VIRTUAL SCHOOL NETWORK ALLOTMENTS. (a)
207	207	In this section:
208	208	(1) "Electronic course" means a course that is a
209	209	semester in length.
210	210	(2) "Normal course load" means the number of classes
211	211	or credit hours generally required to be taken by a student to
212	212	generate the full amount of funding provided under this chapter for
213	213	a student in average daily attendance, as determined by the
214	214	commissioner.
215	215	(3) "State virtual school network" means the system
216	216	established under Chapter 30A.
217	217	(b) For each student who successfully completes an
218	218	electronic course provided through the state virtual school network
219	219	as part of a normal course load:
220	220	(1) the school district or open-enrollment charter
221	221	school that provided the course is entitled to an allotment of $400;
222	222	and
223	223	(2) the school district or open-enrollment charter
224	224	school in which the student is enrolled is entitled to an allotment
225	225	of $80 to reimburse the district or school for associated
226	226	administrative costs.
227	227	(c) A juvenile probation department or state agency is
228	228	entitled to receive state funding comparable to the funding
229	229	described by Subsection (b)(2) for students under the supervision
230	230	of the department or agency.
231	231	(d) For each student who successfully completes an
232	232	electronic course provided through the state virtual school network
233	233	that exceeds a normal course load, including an electronic course
234	234	offered during the summer, the school district or open-enrollment
235	235	charter school that provided the course may be entitled to an
236	236	allotment in an amount determined by the commissioner based on the
237	237	amount of funds appropriated for purposes of this subsection.
238	238	(e) The commissioner may set aside an amount not to exceed
239	239	50 percent of the total funds appropriated for allotments under
240	240	Subsection (d) and use that amount to pay the costs of providing
241	241	through the state virtual school network electronic courses through
242	242	which students may recover academic credit for courses in which the
243	243	students were previously unsuccessful. The commissioner may
244	244	reserve a portion of the set-aside amount for payment of the costs
245	245	of providing electronic courses described by this subsection to
246	246	students in alternative education settings. For purposes of this
247	247	subsection, students in alternative education settings include
248	248	students in disciplinary alternative education programs under
249	249	Section 37.008, students in juvenile justice alternative education
250	250	programs under Section 37.011, and students under the supervision
251	251	of a juvenile probation department, the Texas Youth Commission, or
252	252	the Texas Department of Criminal Justice.
253	253	(f) The commissioner may not provide partial funding under
254	254	this section to a school district or open-enrollment charter school
255	255	under Subsection (b) or (d) on the basis of a student who
256	256	successfully completes one or more modules of an electronic course
257	257	but does not successfully complete the entire course.
258	258	(g) Amounts received by a school district or
259	259	open-enrollment charter school under this section are in addition
260	260	to any amounts to which the district or school is entitled to
261	261	receive or retain under Chapter 12, 41, or this chapter and are not
262	262	subject to reduction under any provision of those chapters.
263	263	(h) The commissioner shall adopt rules necessary to
264	264	implement this section. The rules must include provisions:
265	265	(1) requiring a school district or open-enrollment
266	266	charter school that receives funding for an electronic course under
267	267	Subsection (d) to reduce the amount of any fee charged for the
268	268	course in accordance with Section 30A.155 by an amount equal to the
269	269	amount of funding provided under Subsection (d);
270	270	(2) prohibiting a school district or open-enrollment
271	271	charter school that receives funding for an electronic course under
272	272	Subsection (d) from charging a fee for the course in accordance with
273	273	Section 30A.155 that is higher than would otherwise be charged; and
274	274	(3) addressing division and distribution of the
275	275	allotment described by Subsection (b)(2) in circumstances in which
276	276	a student transfers from one school district, school, or other
277	277	educational setting to another after beginning enrollment in an
278	278	electronic course.
279	279	SECTION 13. Section 42.302(a), Education Code, is amended
280	280	to read as follows:
281	281	(a) Each school district is guaranteed a specified amount
282	282	per weighted student in state and local funds for each cent of tax
283	283	effort over that required for the district's local fund assignment
284	284	up to the maximum level specified in this subchapter. The amount
285	285	of state support, subject only to the maximum amount under Section
286	286	42.303, is determined by the formula:
287	287	GYA = (GL X WADA X DTR X 100) - LR
288	288	where:
289	289	"GYA" is the guaranteed yield amount of state funds to be
290	290	allocated to the district;
291	291	"GL" is the dollar amount guaranteed level of state and local
292	292	funds per weighted student per cent of tax effort, which is an
293	293	amount described by Subsection (a-1) or a greater amount for any
294	294	year provided by appropriation;
295	295	"WADA" is the number of students in weighted average daily
296	296	attendance, which is calculated by dividing the sum of the school
297	297	district's allotments under Subchapters B and C, less any allotment
298	298	to the district for transportation, any allotment under Section
299	299	42.158 or 42.159, and 50 percent of the adjustment under Section
300	300	42.102, by the basic allotment for the applicable year;
301	301	"DTR" is the district enrichment tax rate of the school
302	302	district, which is determined by subtracting the amounts specified
303	303	by Subsection (b) from the total amount of maintenance and
304	304	operations taxes collected by the school district for the
305	305	applicable school year and dividing the difference by the quotient
306	306	of the district's taxable value of property as determined under
307	307	Subchapter M, Chapter 403, Government Code, or, if applicable,
308	308	under Section 42.2521, divided by 100; and
309	309	"LR" is the local revenue, which is determined by multiplying
310	310	"DTR" by the quotient of the district's taxable value of property as
311	311	determined under Subchapter M, Chapter 403, Government Code, or, if
312	312	applicable, under Section 42.2521, divided by 100.
313	313	SECTION 14. Sections 30A.151(d), 30A.153, and 30A.154,
314	314	Education Code, are repealed.
315	315	SECTION 15. The Texas Education Agency shall evaluate
316	316	whether providers of different types of electronic courses offered
317	317	through the state virtual school network established under Chapter
318	318	30A, Education Code, should receive varying amounts of state
319	319	funding based on the type of course provided. Not later than
320	320	January 1, 2011, the agency shall submit a report of its findings
321	321	and recommendations to the legislature.
322	322	SECTION 16. The Texas Education Agency shall investigate
323	323	the feasibility of making language acquisition courses available
324	324	through the state virtual school network by obtaining state
325	325	subscriptions or pursuing other possible means of access. Not
326	326	later than January 1, 2011, the agency shall submit a report of its
327	327	findings to the legislature. If the agency determines that it is
328	328	feasible to make language acquisition courses available through the
329	329	network, the report must include recommended mechanisms for
330	330	ensuring progress towards language proficiency of students
331	331	enrolled in those courses.
332	332	SECTION 17. (a) The Texas Education Agency shall
333	333	investigate the feasibility of creating one or more series of
334	334	courses to be provided through the state virtual school network
335	335	that focus on the educational needs of students in alternative
336	336	education settings, including students in disciplinary alternative
337	337	education programs under Section 37.008, Education Code, students
338	338	in juvenile justice alternative education programs under Section
339	339	37.011, Education Code, and students under the supervision of a
340	340	juvenile probation department, the Texas Youth Commission, or the
341	341	Texas Department of Criminal Justice. The series of courses to be
342	342	investigated must include a series that would constitute a
343	343	full-time educational program, a series that would offer only
344	344	supplemental courses, and a series that would offer courses through
345	345	which students could recover academic credit for courses in which
346	346	the students were previously unsuccessful.
347	347	(b) Not later than January 1, 2011, the agency shall submit
348	348	a report of its findings to the legislature.
349	349	SECTION 18. This Act applies beginning with the 2009-2010
350	350	school year.
351	351	SECTION 19. This Act takes effect immediately if it
352	352	receives a vote of two-thirds of all the members elected to each
353	353	house, as provided by Section 39, Article III, Texas Constitution.
354	354	If this Act does not receive the vote necessary for immediate
355	355	effect, this Act takes effect September 1, 2009.