By: Shapiro S.B. No. 1483
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Education; April 26, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 5, Nays 4; April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1483 By: Shapiro
A BILL TO BE ENTITLED
AN ACT
relating to the state virtual school network and virtual high
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 30A, Education Code, is
amended by adding Section 30A.007 to read as follows:
Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. A school
district or open-enrollment charter school shall adopt a policy
that provides district or school students with the opportunity to
enroll in electronic courses provided through the state virtual
school network. The policy must be consistent with the
requirements imposed by Section 26.0031.
SECTION 2. Subchapter C, Chapter 30A, Education Code, is
amended by adding Section 30A.1021 to read as follows:
Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING
ELECTRONIC COURSES. (a) The administering authority shall
provide students who have completed or withdrawn from electronic
courses offered through the virtual school network and their
parents with a mechanism for providing comments regarding the
courses.
(b) The mechanism required by Subsection (a) must include a
quantitative rating system and a list of verbal descriptors that a
student or parent may select as appropriate.
(c) The administering authority shall provide public access
to the comments submitted by students and parents under this
section. The comments must be in a format that permits a person to
sort the comments by teacher, electronic course, and provider
school district or school.
SECTION 3. Section 30A.104, Education Code, is amended to
read as follows:
Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A course
offered through the state virtual school network must:
(1) be in a specific subject that is part of the
required curriculum under Section 28.002(a);
(2) be aligned with the essential knowledge and skills
identified under Section 28.002(c) for a grade level at or above
grade level three; and
(3) be the equivalent in instructional rigor and scope
to a course that is provided in a traditional classroom setting
during:
(A) a semester of 90 instructional days; and
(B) a school day that meets the minimum length of
a school day required under Section 25.082.
(b) For purposes of Subsection (a)(2), a course is
considered in compliance with the requirement imposed under that
subdivision if:
(1) the course contains at least 80 percent of the
applicable essential knowledge and skills; and
(2) the provider school district or school provides
written documentation that the remaining 20 percent of the
applicable essential knowledge and skills will be provided by the
teacher of the course.
(c) If the essential knowledge and skills with which an
approved course is aligned in accordance with Subsection (a)(2) are
modified, the provider school district or school must be provided
the same time period to revise the course to achieve alignment with
the modified essential knowledge and skills as is provided for the
modification of a course provided in a traditional classroom
setting.
SECTION 4. Section 30A.105, Education Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsection (d) to
read as follows:
(a-1) The administering authority shall publish the
schedule established under Subsection (a)(1), including any
deadlines specified in that schedule, and any guidelines applicable
to the submission and approval process for electronic courses.
(a-2) The evaluation required by Subsection (a)(2) must
include review of each electronic course component, including
off-line material proposed to be used in the course.
(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
school district, open-enrollment charter school, or public or
private institution of higher education that submitted the course
for evaluation and approval may pay a fee equal to the amount of the
costs in order to ensure that evaluation of the course occurs. The
agency shall establish and publish a fee schedule for purposes of
this subsection.
SECTION 5. Subchapter D, Chapter 30A, Education Code, is
amended by adding Section 30A.153 to read as follows:
Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A
school district or open-enrollment charter school in which a
student is enrolled is entitled to funding under Chapter 42 for the
student's enrollment in an electronic course offered through the
state virtual school network in the same manner that the district or
school is entitled to funding for the student's enrollment in
courses provided in a traditional classroom setting, provided that
the student successfully completes the electronic course.
(b) The commissioner, after considering comments from
school district and open-enrollment charter school
representatives, shall adopt a standard agreement that governs
payment of funds and other matters relating to a student's
enrollment in an electronic course offered through the state
virtual school network. The agreement may not require a school
district or open-enrollment charter school to pay the provider the
full amount until the student has successfully completed the
electronic course.
(c) A school district or open-enrollment charter school
shall use the standard agreement adopted under Subsection (b)
unless:
(1) the district or school requests from the
commissioner permission to modify the standard agreement; and
(2) the commissioner authorizes the modification.
(d) The commissioner shall adopt rules necessary to
implement this section, including rules regarding attendance
accounting.
SECTION 6. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 30B to read as follows:
CHAPTER 30B. VIRTUAL HIGH SCHOOLS
Sec. 30B.001. CREATION OF VIRTUAL HIGH SCHOOLS. (a) The
commissioner by rule shall establish a process under which an
eligible entity that seeks to operate a virtual high school must
submit an application to the commissioner for authorization.
(b) The commissioner may authorize not more than 10 virtual
high schools.
(c) A virtual high school must be accredited in a manner
comparable to the manner in which a school district is accredited
under Subchapter C, Chapter 39.
(d) A virtual high school authorized by the commissioner and
accredited as required by Subsection (c) may:
(1) grant high school diplomas to students who meet
the requirements for a diploma imposed under this title, including
requirements imposed by rules adopted under this title; and
(2) act as a provider school district or school under
Chapter 30A, notwithstanding Section 30A.001(7).
(e) If the commissioner determines that the costs of
evaluating an application for authorization to operate a virtual
high school cannot be paid by the agency due to a shortage of funds
available for that purpose, the eligible entity that submitted the
application may pay a fee equal to the amount of the costs in order
to ensure that evaluation of the application occurs. The agency
shall establish and publish a fee schedule for purposes of this
subsection.
Sec. 30B.002. ELIGIBLE ENTITIES. The following entities
are eligible to apply for authorization to operate a virtual high
school:
(1) a school district;
(2) an open-enrollment charter school;
(3) a public junior college, as defined by Section
61.003; and
(4) a public senior college or university, as defined
by Section 61.003.
Sec. 30B.003. ELIGIBLE STUDENTS. (a) Subject to
Subsection (b), a student may enroll in a virtual high school if the
student resides in this state, is under 26 years of age, and is not
enrolled in another public school.
(b) At the time of initial enrollment in a virtual high
school, a student described by Subsection (a) is eligible to enroll
only if the student was enrolled in a public school in this state in
the preceding school year.
(c) A virtual high school may also elect to admit a student
who resides in this state and is 26 years of age or older.
Sec. 30B.004. CURRICULUM. (a) A virtual high school shall
permit students to enroll in courses provided through the state
virtual school network under Chapter 30A in addition to courses
offered directly by the virtual high school.
(b) A course or program offered by a virtual high school
must include the essential knowledge and skills and any other
content required under Subchapter A, Chapter 28. If the
commissioner finds that a course or program does not comply with
this subsection, the commissioner may prohibit the virtual high
school from offering the course or program.
(c) A virtual high school may develop a community-based
course in physical education or fine arts. A course developed under
this subsection must be approved by the agency before the virtual
high school may offer the class to a student for academic credit.
Sec. 30B.005. ACCOUNTABILITY. (a) A virtual high school
is subject to Subchapter B, Chapter 39, and the eligible entity
authorized to operate the virtual high school shall comply with the
procedures established under Section 39.0301 in addition to all
other applicable requirements. For purposes of assessment
instruments administered by a virtual high school, the commissioner
may modify the procedures established under Section 39.0301 if
necessary.
(b) The commissioner shall assign a virtual high school a
performance rating under Section 39.054 on the basis of the
performance of students enrolled in the virtual high school under
Section 30B.003(a). The commissioner may not use the alternative
performance criteria under Section 39.054(d-1) for purposes of this
subsection.
Sec. 30B.006. SANCTIONS. (a) If a virtual high school
fails to satisfy accreditation criteria under Section 39.052,
academic performance standards under Section 39.053 or 39.054, or
any financial accountability standard, as determined by the
commissioner, the commissioner shall take any of the following
actions to the extent the commissioner determines necessary:
(1) order the virtual high school to issue public
notice of the deficiency to a parent of or person standing in
parental relationship to each student enrolled in the virtual high
school;
(2) order the preparation of a student achievement
improvement plan that addresses each student achievement indicator
under Section 39.053(c) for which the virtual high school's
performance is insufficient, the submission of the plan to the
commissioner for approval, and implementation of the plan;
(3) order a hearing to be held before the commissioner
or the commissioner's designee at which the chief executive officer
of the eligible entity authorized to operate the virtual high
school, or that officer's designee, shall appear and explain the
virtual high school's low performance, lack of improvement, and
plans for improvement; or
(4) appoint an agency monitor to participate in and
report to the agency on the activities of the eligible entity
authorized to operate the virtual high school.
(b) If the virtual high school fails for three consecutive
years to satisfy accreditation criteria under Section 39.052,
academic performance standards under Section 39.053 or 39.054, or
any financial accountability standard, as determined by the
commissioner, the commissioner shall revoke the authorization to
operate the virtual high school.
Sec. 30B.007. FUNDING. (a) Subject to Subsection (c), a
virtual high school is entitled to funding under Chapter 42 for each
student in weighted average daily attendance, excluding enrichment
funding under Section 42.302, as if the school were a school
district without a tier one local share for purposes of Section
42.253 and without any local revenue for purposes of Section
42.2516. In determining funding under this subsection, adjustments
under Sections 42.102, 42.103, 42.104, and 42.105 are based on the
average adjustment for the state.
(b) Subject to Subsection (c), in addition to the funding
provided under Subsection (a), a virtual high school is entitled to
receive enrichment funding under Section 42.302 based on the state
average tax effort.
(c) A virtual high school may not receive funding under this
section:
(1) for students described by Section 30B.003(c); or
(2) on the basis of a student's enrollment in a course
that the student does not successfully complete.
(d) A virtual high school may:
(1) charge a fee for enrollment to students described
by Section 30B.003(c); or
(2) use adult basic education funds to pay the costs of
enrollment of students described by Section 30B.003(c), if those
funds are available for that purpose.
(e) If the commissioner revokes a virtual high school's
authorization under Section 30B.006(b), the commissioner shall
immediately discontinue funding to the virtual high school under
this section.
Sec. 30B.008. RULES. The commissioner may adopt rules
necessary to implement this chapter, including rules governing
student admission, verification of the participation of a student
enrolled in a course or program of a virtual high school, course
completion criteria, assessment administration, attendance
accounting, funding, financial accountability, and intervention
and sanctions for virtual high schools.
SECTION 7. Subsection (a), Section 42.003, Education Code,
is amended to read as follows:
(a) A student is entitled to the benefits of the Foundation
School Program if, on September 1 of the school year, the student is
5 years of age or older and under 21 years of age and has not
graduated from high school, or is at least 21 years of age and under
26 years of age and has been admitted by a virtual high school under
Chapter 30B or a school district to complete the requirements for a
high school diploma.
SECTION 8. Subsection (a), Section 42.302, 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[, 42.159,] or 42.160, 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 9. Section 42.159, Education Code, is repealed.
SECTION 10. This Act takes effect September 1, 2011.
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