81R8485 KKA-D
By: Madden H.B. No. 1479
A BILL TO BE ENTITLED
AN ACT
relating to the state virtual school network.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.001(b), Education Code, is amended to
read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A of [,] Chapter 29, [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 Youth Commission, the Texas
Department of Criminal Justice, a Job Corps program operated by or
under contract with the United States Department of Labor, or any
juvenile probation agency.
SECTION 2. Section 30A.002, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A student is eligible to enroll full-time in courses
provided through the state virtual school network only if[:
[(1)] the student was enrolled in a public school in
this state in the preceding school year.
(c) Notwithstanding Subsection (a)(3) or (b), a student is
eligible to enroll in one or more courses provided through the state
virtual school network or enroll full-time in courses provided
through the network if [; or
[(2)] the student:
(1) [(A)] is a dependent of a member of the United
States military;
(2) [(B)] was previously enrolled in high school in
this state; and
(3) [(C)] does not reside in this state due to a
military deployment or transfer.
SECTION 3. Section 30A.004, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Requirements imposed by or under this chapter do not
apply to a virtual course provided by a school district only to
district students if the course is not provided as part of the state
virtual school network.
SECTION 4. Section 30A.101(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is eligible to act as
a provider school under this chapter only if the school is rated
recognized or higher under Section 39.072, and may serve as a
provider school only:
(1) to a student within the school district in which
the school is located or within its service area, whichever is
smaller; or
(2) to another student in the state:
(A) through an agreement with the school district
in which the student resides; or
(B) if the student receives educational services
under the supervision of a juvenile probation department, the Texas
Youth Commission, or the Texas Department of Criminal Justice,
through an agreement with the applicable agency [administering
authority under Section 30A.153].
SECTION 5. Sections 30A.105(c) and (d), Education Code, are
amended to read as follows:
(c) The agency shall [A school district, open-enrollment
charter school, or public or private institution of higher
education that submits an electronic course to the administering
authority for approval must] pay [a fee in an amount established by
the commissioner as sufficient to recover] the reasonable costs of
[to the administering authority in] evaluating and approving
electronic courses. If funds available to the agency for that
purpose are insufficient to pay the costs of evaluating and
approving all electronic courses submitted for evaluation and
approval, the agency shall give priority to paying the costs of
evaluating and approving the following courses:
(1) courses that satisfy high school graduation
requirements;
(2) courses that would likely benefit a student in
obtaining admission to a postsecondary institution;
(3) courses that allow a student to earn college
credit or other advanced credit;
(4) courses in subject areas most likely to be highly
beneficial to students receiving educational services under the
supervision of a juvenile probation department, the Texas Youth
Commission, or the Texas Department of Criminal Justice; and
(5) courses in subject areas designated by the
commissioner as commonly experiencing a shortage of teachers.
(d) If the agency determines that the costs of evaluating
and approving a submitted electronic course will not be paid by the
agency due to a shortage of funds available for that purpose, the
[The administering authority shall waive the fee required by
Subsection (c) if a] school district, open-enrollment charter
school, or public or private institution of higher education that
submitted the [applies for approval of an electronic] course for
evaluation and approval may pay the costs in order to ensure that
evaluation of the course occurs. [that was developed
independently by the district, school, or institution. For
purposes of this subsection, an electronic course is developed
independently by a district, school, or institution if a district,
school, or institution employee is responsible for developing
substantially each aspect of the course, including:
[(1) determining the curriculum elements to be
included in the course;
[(2) selecting any instructional materials for the
course;
[(3) determining the manner in which instruction is to
be delivered;
[(4) creating a lesson plan or similar description of
the instructional aspects of the course;
[(5) determining any special projects or assignments a
student in the course must complete; and
[(6) determining the manner in which a student's
progress in the course will be measured.]
SECTION 6. Subchapter C, Chapter 30A, Education Code, is
amended by adding Section 30A.1051 to read as follows:
Sec. 30A.1051. ELECTRONIC COURSE PORTABILITY. A student
who transfers from one educational setting to another after
beginning enrollment in an electronic course is entitled to
continue enrollment in the course.
SECTION 7. Section 30A.107(a), Education Code, is amended
to read as follows:
(a) A provider school district or school may offer
electronic courses to:
(1) students who reside in this state; and
(2) students who reside outside this state and who
meet the eligibility requirements under Section 30A.002(c)
[30A.002(b)].
SECTION 8. Section 30A.109, Education Code, is amended to
read as follows:
Sec. 30A.109. COMPULSORY ATTENDANCE. The commissioner by
rule shall adopt procedures for reporting and verifying the
attendance of a student enrolled in an electronic course provided
through the state virtual school network. The rules may modify the
application of Sections 25.085, 25.086, and 25.087 for a student
enrolled in an electronic course, but must require participation in
an educational program equivalent to the requirements prescribed by
those sections.
SECTION 9. Section 30A.111, Education Code, is amended to
read as follows:
Sec. 30A.111. TEACHER QUALIFICATIONS. (a) Each teacher
of an electronic course offered by a school district or
open-enrollment charter school through the state virtual school
network must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30A.112(a)
or 30A.1121 before teaching an electronic course offered through
the network.
(b) The commissioner by rule shall establish procedures for
verifying successful completion by a teacher of the appropriate
professional development course required by Subsection (a)(2).
SECTION 10. Subchapter C, Chapter 30A, Education Code, is
amended by adding Section 30A.1121 to read as follows:
Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL
DEVELOPMENT. (a) Subject to Subsection (b), a school district or
open-enrollment charter school may provide professional
development courses to teachers seeking to become authorized to
teach electronic courses provided through the state virtual school
network. A district or school may provide a professional
development course that is approved under Subsection (b) to any
interested teacher, regardless of whether the teacher is employed
by the district or school.
(b) The agency shall review each professional development
course sought to be provided by a school district or
open-enrollment charter school under Subsection (a) to determine if
the course meets the quality standards established under Section
30A.113. If a course meets those standards, the district or school
may provide the course for purposes of enabling a teacher to comply
with Section 30A.111(a)(2).
SECTION 11. Section 30A.155, Education Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (a-1)
and (c-1) to read as follows:
(a) A school district or open-enrollment charter school may
charge a fee for enrollment in an electronic course provided
through the state virtual school network to a student who resides in
this state and:
(1) is enrolled in a school district or
open-enrollment charter school as a full-time student; and
(2) is enrolled in a course load greater than that
normally taken by students in the equivalent grade level in other
school districts or open-enrollment charter schools[; and
[(3) does not qualify for accelerated student funding
under Section 30A.154].
(a-1) A school district or open-enrollment charter school
may charge a fee for enrollment in an electronic course provided
through the state virtual school network during the summer.
(c) The amount of a fee charged a student under Subsection
(a), (a-1), or (b) for each electronic course in which the student
enrolls through the state virtual school network may not exceed the
lesser of:
(1) the cost of providing the course; or
(2) $400.
(c-1) A school district or open-enrollment charter school
that is not the provider school district or school may charge a
student enrolled in the district or school a nominal fee, not to
exceed the amount specified by the commissioner, if the student
enrolls in an electronic course provided through the state virtual
school network that exceeds the course load normally taken by
students in the equivalent grade level. A juvenile probation
department or state agency may charge a comparable fee to a student
under the supervision of the department or agency.
(d) Except as provided by this section [Subsection (a) or
(b)], the state virtual school network may not charge a fee to
students for electronic courses provided through the network.
SECTION 12. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.159 to read as follows:
Sec. 42.159. STATE VIRTUAL SCHOOL NETWORK ALLOTMENTS. (a)
In this section:
(1) "Electronic course" means a course that is a
semester in length.
(2) "Normal course load" means the number of classes
or credit hours generally required to be taken by a student to
generate the full amount of funding provided under this chapter for
a student in average daily attendance, as determined by the
commissioner.
(3) "State virtual school network" means the system
established under Chapter 30A.
(b) For each student who successfully completes an
electronic course provided through the state virtual school network
as part of a normal course load:
(1) the school district or open-enrollment charter
school that provided the course is entitled to an allotment of $400;
and
(2) the school district or open-enrollment charter
school in which the student is enrolled is entitled to an allotment
of $80 to reimburse the district or school for associated
administrative costs.
(c) A juvenile probation department or state agency is
entitled to receive state funding comparable to the funding
described by Subsection (b)(2) for students under the supervision
of the department or agency.
(d) For each student who successfully completes an
electronic course provided through the state virtual school network
that exceeds a normal course load, including an electronic course
offered during the summer, the school district or open-enrollment
charter school that provided the course may be entitled to an
allotment in an amount determined by the commissioner based on the
amount of funds appropriated for purposes of this subsection.
(e) The commissioner may set aside an amount not to exceed
50 percent of the total funds appropriated for allotments under
Subsection (d) and use that amount to pay the costs of providing
through the state virtual school network electronic courses through
which students may recover academic credit for courses in which the
students were previously unsuccessful. The commissioner may
reserve a portion of the set-aside amount for payment of the costs
of providing electronic courses described by this subsection to
students in alternative education settings. For purposes of this
subsection, students in alternative education settings include
students in disciplinary alternative education programs under
Section 37.008, students in juvenile justice alternative education
programs under Section 37.011, and students under the supervision
of a juvenile probation department, the Texas Youth Commission, or
the Texas Department of Criminal Justice.
(f) The commissioner may not provide partial funding under
this section to a school district or open-enrollment charter school
under Subsection (b) or (d) on the basis of a student who
successfully completes one or more modules of an electronic course
but does not successfully complete the entire course.
(g) Amounts received by a school district or
open-enrollment charter school under this section are in addition
to any amounts to which the district or school is entitled to
receive or retain under Chapter 12, 41, or this chapter and are not
subject to reduction under any provision of those chapters.
(h) The commissioner shall adopt rules necessary to
implement this section. The rules must include provisions:
(1) requiring a school district or open-enrollment
charter school that receives funding for an electronic course under
Subsection (d) to reduce the amount of any fee charged for the
course in accordance with Section 30A.155 by an amount equal to the
amount of funding provided under Subsection (d);
(2) prohibiting a school district or open-enrollment
charter school that receives funding for an electronic course under
Subsection (d) from charging a fee for the course in accordance with
Section 30A.155 that is higher than would otherwise be charged; and
(3) addressing division and distribution of the
allotment described by Subsection (b)(2) in circumstances in which
a student transfers from one school district, school, or other
educational setting to another after beginning enrollment in an
electronic course.
SECTION 13. Section 42.302(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount
of state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158 or 42.159, and 50 percent of the adjustment under Section
42.102, by the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 14. Sections 30A.151(d), 30A.153, and 30A.154,
Education Code, are repealed.
SECTION 15. The Texas Education Agency shall evaluate
whether providers of different types of electronic courses offered
through the state virtual school network established under Chapter
30A, Education Code, should receive varying amounts of state
funding based on the type of course provided. Not later than
January 1, 2011, the agency shall submit a report of its findings
and recommendations to the legislature.
SECTION 16. The Texas Education Agency shall investigate
the feasibility of making language acquisition courses available
through the state virtual school network by obtaining state
subscriptions or pursuing other possible means of access. Not
later than January 1, 2011, the agency shall submit a report of its
findings to the legislature. If the agency determines that it is
feasible to make language acquisition courses available through the
network, the report must include recommended mechanisms for
ensuring progress towards language proficiency of students
enrolled in those courses.
SECTION 17. (a) The Texas Education Agency shall
investigate the feasibility of creating one or more series of
courses to be provided through the state virtual school network
that focus on the educational needs of students in alternative
education settings, including students in disciplinary alternative
education programs under Section 37.008, Education Code, students
in juvenile justice alternative education programs under Section
37.011, Education Code, and students under the supervision of a
juvenile probation department, the Texas Youth Commission, or the
Texas Department of Criminal Justice. The series of courses to be
investigated must include a series that would constitute a
full-time educational program, a series that would offer only
supplemental courses, and a series that would offer courses through
which students could recover academic credit for courses in which
the students were previously unsuccessful.
(b) Not later than January 1, 2011, the agency shall submit
a report of its findings to the legislature.
SECTION 18. This Act applies beginning with the 2009-2010
school year.
SECTION 19. 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, 2009.