82R9976 TRH-F
By: Guillen H.B. No. 3280
A BILL TO BE ENTITLED
AN ACT
relating to additional virtual instruction at public and private
elementary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 30B to read as follows:
CHAPTER 30B. ADDITIONAL VIRTUAL INSTRUCTION
Sec. 30B.001. DEFINITIONS. In this chapter:
(1) "College or university charter school" means a
school that has been granted a charter under Subchapter E, Chapter
12.
(2) "Home-schooled student" means a student who
predominantly receives instruction in a general elementary or
secondary education program that is provided by the parent or a
person standing in parental authority, in or through the child's
home.
(3) "Private or independent institution of higher
education," "public junior college," and "public senior college or
university" have the meanings assigned by Section 61.003.
(4) "Private school student" means a student who
attends a private school.
(5) "Public institution" means a school district,
open-enrollment charter school, college or university charter
school, public senior college or university, or public junior
college.
Sec. 30B.002. PROVISION OF INSTRUCTION. (a) Except as
provided by Subsection (c), a public institution, private or
independent institution of higher education, or a private school
may offer for credit an electronic course or program:
(1) that includes use of:
(A) the Internet;
(B) computer software;
(C) online services; or
(D) another electronic medium or means of
conveying information;
(2) in which a student and teacher are in different
locations for a majority of the student's instructional period; and
(3) in which a student is not required to be located on
the physical premises of a school district or open-enrollment
charter school or the institution or school providing the course or
program.
(b) An electronic course or program offered by a public
institution under this chapter must include the essential knowledge
and skills and any other content requirements identified under
Subchapter A, Chapter 28.
(c) If the commissioner finds that an electronic course or
program offered under this chapter does not meet the requirements
of Subsection (b), the commissioner may prohibit the provider from
offering the electronic course or program under this chapter. An
order by the commissioner under this subsection may be appealed to
the State Board of Education. The finding of the board is final.
(d) A school district or open-enrollment charter school may
offer an electronic course or program under this chapter only if the
district is rated acceptable under Section 39.054.
(e) An electronic course or program offered under this
chapter may be offered to any public school student, home-schooled
student, or private school student in this state or to any student
outside this state.
Sec. 30B.003. COURSES OFFERED BY SCHOOL DISTRICT,
OPEN-ENROLLMENT CHARTER SCHOOL, OR COLLEGE OR UNIVERSITY CHARTER
SCHOOL. (a) A school district, open-enrollment charter school, or
college or university charter school:
(1) may not charge tuition for participation in an
electronic course or program offered under this chapter; and
(2) shall charge a student a fee comparable to a fee
charged to a regularly enrolled student for participating in the
electronic course or program.
(b) A school district, open-enrollment charter school, or
college or university charter school may include a home-schooled or
private school student participating in an electronic course or
program offered under this chapter as a student in the attendance of
the district or school for that day. The student's attendance shall
be included in proportion to the amount of time the student receives
services or participates in an electronic course or program, as
determined under rules adopted by the commissioner.
(c) A school district, open-enrollment charter school, or
college or university charter school may include a student enrolled
in the district or school who is participating in an electronic
course or program offered under this chapter by another district or
school as a student in the attendance of the district or school for
that day.
(d) A school district, open-enrollment charter school, or
college or university charter school offering an electronic course
or program under this chapter may by contract with another
district, open-enrollment charter school, or college or university
charter school charge the other district or school a fee for
participation in the course or program by a student enrolled in the
other district or school. A student who is participating in an
electronic course or program offered under this subsection shall be
counted as a student for that day in the attendance of the district
or school in which the student is enrolled.
Sec. 30B.004. COURSES OFFERED BY PUBLIC OR PRIVATE
INSTITUTION OF HIGHER EDUCATION OR PRIVATE SCHOOL. (a) A public
senior college or university, public junior college, private or
independent institution of higher education, or private school may
charge tuition for participation in an electronic course or program
offered under this chapter.
(b) The tuition charged under Subsection (a) must equal 75
percent of the average amount of state and local funds for
maintenance and operations a school district receives for a student
in average daily attendance for the amount of time the student
receives services or participates in the electronic course or
program, as determined under rules adopted by the commissioner.
(c) The tuition charged under Subsection (a) may be charged:
(1) by contract to a school district, open-enrollment
charter school, or college or university charter school whose
student takes an electronic course or program offered under this
chapter; or
(2) to the state under this program through a
scholarship based on enrollment of eligible students.
Sec. 30B.005. PARTICIPATION. The institution or school
providing an electronic course or program under this chapter shall
adopt procedures for verifying the participation of a student
enrolled in the course or program.
Sec. 30B.006. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. Chapter 39 applies to an electronic course or
program offered by a school district or open-enrollment charter
school under this chapter in the same manner in which that chapter
applies to any other course or program offered by the district or
school.
Sec. 30B.007. PARTICIPATING SCHOOL AUTONOMY. A
participating private or independent institution of higher
education or private school is autonomous and not an agent of the
state or federal government. The Texas Education Agency or any
other state agency may not in any way regulate the educational
program of a participating private or independent institution of
higher education or private school that accepts a virtual education
scholarship. The creation of a program under this chapter does not
expand the regulatory authority of the state, its officers, or a
school district to impose an additional regulation of nonpublic
institutions or schools beyond those necessary to enforce the
requirements of the program.
SECTION 2. Chapter 30B, Education Code, as added by this
Act, applies beginning with the 2011-2012 school year.
SECTION 3. 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, 2011.