Texas 2011 - 82nd Regular

Texas Senate Bill SB1483 Compare Versions

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1	1	By: Shapiro S.B. No. 1483
2	2	(In the Senate - Filed March 10, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Education; April 26, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 5, Nays 4; April 26, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1483 By: Shapiro
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the state virtual school network and virtual high
12	12	schools.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter A, Chapter 30A, Education Code, is
15	15	amended by adding Section 30A.007 to read as follows:
16	16	Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. A school
17	17	district or open-enrollment charter school shall adopt a policy
18	18	that provides district or school students with the opportunity to
19	19	enroll in electronic courses provided through the state virtual
20	20	school network. The policy must be consistent with the
21	21	requirements imposed by Section 26.0031.
22	22	SECTION 2. Subchapter C, Chapter 30A, Education Code, is
23	23	amended by adding Section 30A.1021 to read as follows:
24	24	Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING
25	25	ELECTRONIC COURSES. (a) The administering authority shall
26	26	provide students who have completed or withdrawn from electronic
27	27	courses offered through the virtual school network and their
28	28	parents with a mechanism for providing comments regarding the
29	29	courses.
30	30	(b) The mechanism required by Subsection (a) must include a
31	31	quantitative rating system and a list of verbal descriptors that a
32	32	student or parent may select as appropriate.
33	33	(c) The administering authority shall provide public access
34	34	to the comments submitted by students and parents under this
35	35	section. The comments must be in a format that permits a person to
36	36	sort the comments by teacher, electronic course, and provider
37	37	school district or school.
38	38	SECTION 3. Section 30A.104, Education Code, is amended to
39	39	read as follows:
40	40	Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A course
41	41	offered through the state virtual school network must:
42	42	(1) be in a specific subject that is part of the
43	43	required curriculum under Section 28.002(a);
44	44	(2) be aligned with the essential knowledge and skills
45	45	identified under Section 28.002(c) for a grade level at or above
46	46	grade level three; and
47	47	(3) be the equivalent in instructional rigor and scope
48	48	to a course that is provided in a traditional classroom setting
49	49	during:
50	50	(A) a semester of 90 instructional days; and
51	51	(B) a school day that meets the minimum length of
52	52	a school day required under Section 25.082.
53	53	(b) For purposes of Subsection (a)(2), a course is
54	54	considered in compliance with the requirement imposed under that
55	55	subdivision if:
56	56	(1) the course contains at least 80 percent of the
57	57	applicable essential knowledge and skills; and
58	58	(2) the provider school district or school provides
59	59	written documentation that the remaining 20 percent of the
60	60	applicable essential knowledge and skills will be provided by the
61	61	teacher of the course.
62	62	(c) If the essential knowledge and skills with which an
63	63	approved course is aligned in accordance with Subsection (a)(2) are
64	64	modified, the provider school district or school must be provided
65	65	the same time period to revise the course to achieve alignment with
66	66	the modified essential knowledge and skills as is provided for the
67	67	modification of a course provided in a traditional classroom
68	68	setting.
69	69	SECTION 4. Section 30A.105, Education Code, is amended by
70	70	adding Subsections (a-1) and (a-2) and amending Subsection (d) to
71	71	read as follows:
72	72	(a-1) The administering authority shall publish the
73	73	schedule established under Subsection (a)(1), including any
74	74	deadlines specified in that schedule, and any guidelines applicable
75	75	to the submission and approval process for electronic courses.
76	76	(a-2) The evaluation required by Subsection (a)(2) must
77	77	include review of each electronic course component, including
78	78	off-line material proposed to be used in the course.
79	79	(d) If the agency determines that the costs of evaluating
80	80	and approving a submitted electronic course will not be paid by the
81	81	agency due to a shortage of funds available for that purpose, the
82	82	school district, open-enrollment charter school, or public or
83	83	private institution of higher education that submitted the course
84	84	for evaluation and approval may pay a fee equal to the amount of the
85	85	costs in order to ensure that evaluation of the course occurs. The
86	86	agency shall establish and publish a fee schedule for purposes of
87	87	this subsection.
88	88	SECTION 5. Subchapter D, Chapter 30A, Education Code, is
89	89	amended by adding Section 30A.153 to read as follows:
90	90	Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A
91	91	school district or open-enrollment charter school in which a
92	92	student is enrolled is entitled to funding under Chapter 42 for the
93	93	student's enrollment in an electronic course offered through the
94	94	state virtual school network in the same manner that the district or
95	95	school is entitled to funding for the student's enrollment in
96	96	courses provided in a traditional classroom setting, provided that
97	97	the student successfully completes the electronic course.
98	98	(b) The commissioner, after considering comments from
99	99	school district and open-enrollment charter school
100	100	representatives, shall adopt a standard agreement that governs
101	101	payment of funds and other matters relating to a student's
102	102	enrollment in an electronic course offered through the state
103	103	virtual school network. The agreement may not require a school
104	104	district or open-enrollment charter school to pay the provider the
105	105	full amount until the student has successfully completed the
106	106	electronic course.
107	107	(c) A school district or open-enrollment charter school
108	108	shall use the standard agreement adopted under Subsection (b)
109	109	unless:
110	110	(1) the district or school requests from the
111	111	commissioner permission to modify the standard agreement; and
112	112	(2) the commissioner authorizes the modification.
113	113	(d) The commissioner shall adopt rules necessary to
114	114	implement this section, including rules regarding attendance
115	115	accounting.
116	116	SECTION 6. Subtitle F, Title 2, Education Code, is amended
117	117	by adding Chapter 30B to read as follows:
118	118	CHAPTER 30B. VIRTUAL HIGH SCHOOLS
119	119	Sec. 30B.001. CREATION OF VIRTUAL HIGH SCHOOLS. (a) The
120	120	commissioner by rule shall establish a process under which an
121	121	eligible entity that seeks to operate a virtual high school must
122	122	submit an application to the commissioner for authorization.
123	123	(b) The commissioner may authorize not more than 10 virtual
124	124	high schools.
125	125	(c) A virtual high school must be accredited in a manner
126	126	comparable to the manner in which a school district is accredited
127	127	under Subchapter C, Chapter 39.
128	128	(d) A virtual high school authorized by the commissioner and
129	129	accredited as required by Subsection (c) may:
130	130	(1) grant high school diplomas to students who meet
131	131	the requirements for a diploma imposed under this title, including
132	132	requirements imposed by rules adopted under this title; and
133	133	(2) act as a provider school district or school under
134	134	Chapter 30A, notwithstanding Section 30A.001(7).
135	135	(e) If the commissioner determines that the costs of
136	136	evaluating an application for authorization to operate a virtual
137	137	high school cannot be paid by the agency due to a shortage of funds
138	138	available for that purpose, the eligible entity that submitted the
139	139	application may pay a fee equal to the amount of the costs in order
140	140	to ensure that evaluation of the application occurs. The agency
141	141	shall establish and publish a fee schedule for purposes of this
142	142	subsection.
143	143	Sec. 30B.002. ELIGIBLE ENTITIES. The following entities
144	144	are eligible to apply for authorization to operate a virtual high
145	145	school:
146	146	(1) a school district;
147	147	(2) an open-enrollment charter school;
148	148	(3) a public junior college, as defined by Section
149	149	61.003; and
150	150	(4) a public senior college or university, as defined
151	151	by Section 61.003.
152	152	Sec. 30B.003. ELIGIBLE STUDENTS. (a) Subject to
153	153	Subsection (b), a student may enroll in a virtual high school if the
154	154	student resides in this state, is under 26 years of age, and is not
155	155	enrolled in another public school.
156	156	(b) At the time of initial enrollment in a virtual high
157	157	school, a student described by Subsection (a) is eligible to enroll
158	158	only if the student was enrolled in a public school in this state in
159	159	the preceding school year.
160	160	(c) A virtual high school may also elect to admit a student
161	161	who resides in this state and is 26 years of age or older.
162	162	Sec. 30B.004. CURRICULUM. (a) A virtual high school shall
163	163	permit students to enroll in courses provided through the state
164	164	virtual school network under Chapter 30A in addition to courses
165	165	offered directly by the virtual high school.
166	166	(b) A course or program offered by a virtual high school
167	167	must include the essential knowledge and skills and any other
168	168	content required under Subchapter A, Chapter 28. If the
169	169	commissioner finds that a course or program does not comply with
170	170	this subsection, the commissioner may prohibit the virtual high
171	171	school from offering the course or program.
172	172	(c) A virtual high school may develop a community-based
173	173	course in physical education or fine arts. A course developed under
174	174	this subsection must be approved by the agency before the virtual
175	175	high school may offer the class to a student for academic credit.
176	176	Sec. 30B.005. ACCOUNTABILITY. (a) A virtual high school
177	177	is subject to Subchapter B, Chapter 39, and the eligible entity
178	178	authorized to operate the virtual high school shall comply with the
179	179	procedures established under Section 39.0301 in addition to all
180	180	other applicable requirements. For purposes of assessment
181	181	instruments administered by a virtual high school, the commissioner
182	182	may modify the procedures established under Section 39.0301 if
183	183	necessary.
184	184	(b) The commissioner shall assign a virtual high school a
185	185	performance rating under Section 39.054 on the basis of the
186	186	performance of students enrolled in the virtual high school under
187	187	Section 30B.003(a). The commissioner may not use the alternative
188	188	performance criteria under Section 39.054(d-1) for purposes of this
189	189	subsection.
190	190	Sec. 30B.006. SANCTIONS. (a) If a virtual high school
191	191	fails to satisfy accreditation criteria under Section 39.052,
192	192	academic performance standards under Section 39.053 or 39.054, or
193	193	any financial accountability standard, as determined by the
194	194	commissioner, the commissioner shall take any of the following
195	195	actions to the extent the commissioner determines necessary:
196	196	(1) order the virtual high school to issue public
197	197	notice of the deficiency to a parent of or person standing in
198	198	parental relationship to each student enrolled in the virtual high
199	199	school;
200	200	(2) order the preparation of a student achievement
201	201	improvement plan that addresses each student achievement indicator
202	202	under Section 39.053(c) for which the virtual high school's
203	203	performance is insufficient, the submission of the plan to the
204	204	commissioner for approval, and implementation of the plan;
205	205	(3) order a hearing to be held before the commissioner
206	206	or the commissioner's designee at which the chief executive officer
207	207	of the eligible entity authorized to operate the virtual high
208	208	school, or that officer's designee, shall appear and explain the
209	209	virtual high school's low performance, lack of improvement, and
210	210	plans for improvement; or
211	211	(4) appoint an agency monitor to participate in and
212	212	report to the agency on the activities of the eligible entity
213	213	authorized to operate the virtual high school.
214	214	(b) If the virtual high school fails for three consecutive
215	215	years to satisfy accreditation criteria under Section 39.052,
216	216	academic performance standards under Section 39.053 or 39.054, or
217	217	any financial accountability standard, as determined by the
218	218	commissioner, the commissioner shall revoke the authorization to
219	219	operate the virtual high school.
220	220	Sec. 30B.007. FUNDING. (a) Subject to Subsection (c), a
221	221	virtual high school is entitled to funding under Chapter 42 for each
222	222	student in weighted average daily attendance, excluding enrichment
223	223	funding under Section 42.302, as if the school were a school
224	224	district without a tier one local share for purposes of Section
225	225	42.253 and without any local revenue for purposes of Section
226	226	42.2516. In determining funding under this subsection, adjustments
227	227	under Sections 42.102, 42.103, 42.104, and 42.105 are based on the
228	228	average adjustment for the state.
229	229	(b) Subject to Subsection (c), in addition to the funding
230	230	provided under Subsection (a), a virtual high school is entitled to
231	231	receive enrichment funding under Section 42.302 based on the state
232	232	average tax effort.
233	233	(c) A virtual high school may not receive funding under this
234	234	section:
235	235	(1) for students described by Section 30B.003(c); or
236	236	(2) on the basis of a student's enrollment in a course
237	237	that the student does not successfully complete.
238	238	(d) A virtual high school may:
239	239	(1) charge a fee for enrollment to students described
240	240	by Section 30B.003(c); or
241	241	(2) use adult basic education funds to pay the costs of
242	242	enrollment of students described by Section 30B.003(c), if those
243	243	funds are available for that purpose.
244	244	(e) If the commissioner revokes a virtual high school's
245	245	authorization under Section 30B.006(b), the commissioner shall
246	246	immediately discontinue funding to the virtual high school under
247	247	this section.
248	248	Sec. 30B.008. RULES. The commissioner may adopt rules
249	249	necessary to implement this chapter, including rules governing
250	250	student admission, verification of the participation of a student
251	251	enrolled in a course or program of a virtual high school, course
252	252	completion criteria, assessment administration, attendance
253	253	accounting, funding, financial accountability, and intervention
254	254	and sanctions for virtual high schools.
255	255	SECTION 7. Subsection (a), Section 42.003, Education Code,
256	256	is amended to read as follows:
257	257	(a) A student is entitled to the benefits of the Foundation
258	258	School Program if, on September 1 of the school year, the student is
259	259	5 years of age or older and under 21 years of age and has not
260	260	graduated from high school, or is at least 21 years of age and under
261	261	26 years of age and has been admitted by a virtual high school under
262	262	Chapter 30B or a school district to complete the requirements for a
263	263	high school diploma.
264	264	SECTION 8. Subsection (a), Section 42.302, Education Code,
265	265	is amended to read as follows:
266	266	(a) Each school district is guaranteed a specified amount
267	267	per weighted student in state and local funds for each cent of tax
268	268	effort over that required for the district's local fund assignment
269	269	up to the maximum level specified in this subchapter. The amount
270	270	of state support, subject only to the maximum amount under Section
271	271	42.303, is determined by the formula:
272	272	GYA = (GL X WADA X DTR X 100) - LR
273	273	where:
274	274	"GYA" is the guaranteed yield amount of state funds to be
275	275	allocated to the district;
276	276	"GL" is the dollar amount guaranteed level of state and local
277	277	funds per weighted student per cent of tax effort, which is an
278	278	amount described by Subsection (a-1) or a greater amount for any
279	279	year provided by appropriation;
280	280	"WADA" is the number of students in weighted average daily
281	281	attendance, which is calculated by dividing the sum of the school
282	282	district's allotments under Subchapters B and C, less any allotment
283	283	to the district for transportation, any allotment under Section
284	284	42.158[, 42.159,] or 42.160, and 50 percent of the adjustment under
285	285	Section 42.102, by the basic allotment for the applicable year;
286	286	"DTR" is the district enrichment tax rate of the school
287	287	district, which is determined by subtracting the amounts specified
288	288	by Subsection (b) from the total amount of maintenance and
289	289	operations taxes collected by the school district for the
290	290	applicable school year and dividing the difference by the quotient
291	291	of the district's taxable value of property as determined under
292	292	Subchapter M, Chapter 403, Government Code, or, if applicable,
293	293	under Section 42.2521, divided by 100; and
294	294	"LR" is the local revenue, which is determined by multiplying
295	295	"DTR" by the quotient of the district's taxable value of property as
296	296	determined under Subchapter M, Chapter 403, Government Code, or, if
297	297	applicable, under Section 42.2521, divided by 100.
298	298	SECTION 9. Section 42.159, Education Code, is repealed.
299	299	SECTION 10. This Act takes effect September 1, 2011.
300	300	* * * * *