Texas 2013 83rd Regular

Texas Senate Bill SB1298 Introduced / Bill

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                    83R4070 JSL-D
 By: Hegar, Patrick S.B. No. 1298


 A BILL TO BE ENTITLED
 AN ACT
 relating to the provision of electronic courses in public schools,
 electronic assessment of public school students, the state virtual
 school network, and school district digital capabilities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 28.023, Education Code, is amended to
 read as follows:
 Sec. 28.023.  CREDIT BY EXAMINATION. (a) Using guidelines
 established by the State Board of Education, a school district
 shall develop or select for board review examinations for
 acceleration for each primary school grade level and for credit for
 secondary school academic subjects. The guidelines must provide
 for the examinations to thoroughly test comprehension of the
 information presented in the applicable grade level or subject, and
 must require a school district to develop multiple versions of an
 examination for a particular grade level or subject for each
 subsequent administration of the examination in the same school
 year. The board shall approve examinations that satisfy board
 guidelines.
 (b)  A school district shall give a student in a primary
 grade level credit for a grade level and advance the student one
 grade level on the basis of a board-approved examination for
 acceleration if:
 (1)  the student scores in the 90th percentile or above
 on each section of the examination; and
 (2)  [a district representative recommends that the
 student be advanced; and
 [(3)]  the student's parent or guardian gives written
 approval of the advancement.
 (c)  A school district shall give a student in grade level
 six or above credit for a subject on the basis of a board-approved
 examination for credit in the subject if the student scores in the
 90th percentile or above on the examination. If a student is given
 credit in a subject on the basis of an examination, the district
 shall enter the examination score on the student's transcript, and
 the student is not required to take an end-of-course assessment
 instrument adopted under Section 39.023(c) for that subject.
 (d)  Each district shall administer each examination:
 (1)  not later than the 30th day after the date the
 district receives a written request from the student's parent, if
 the test is offered electronically; and
 (2)  on at least four scheduled occasions per year, if
 the examination is not offered electronically [not less than once a
 year, at times to be determined by the State Board of Education].
 SECTION 2.  Section 28.025(b-1), Education Code, is amended
 to read as follows:
 (b-1)  The State Board of Education by rule shall require
 that:
 (1)  except as provided by Subsection (b-2), the
 curriculum requirements for the recommended and advanced high
 school programs under Subsection (a) include a requirement that
 students successfully complete:
 (A)  four credits in each subject of the
 foundation curriculum under Section 28.002(a)(1), including at
 least one-half credit in government and at least one-half credit in
 economics to meet the social studies requirement;
 (B)  for the recommended high school program, two
 credits in the same language in a language other than English under
 Section 28.002(a)(2)(A) and, for the advanced high school program,
 three credits in the same language in a language other than English
 under Section 28.002(a)(2)(A); and
 (C)  for the recommended high school program, six
 elective credits and, for the advanced high school program, five
 elective credits;
 (2)  one or more credits offered in the required
 curriculum for the recommended and advanced high school programs
 include a research writing component; and
 (3)  the curriculum requirements for the minimum,
 recommended, and advanced high school programs under Subsection (a)
 include a requirement that students successfully complete:
 (A)  one credit in fine arts under Section
 28.002(a)(2)(D); [and]
 (B)  except as provided by Subsection (b-11), one
 credit in physical education under Section 28.002(a)(2)(C); and
 (C)  one credit earned in an electronic course
 taken in the sixth or a higher grade and offered:
 (i)  through the state virtual school
 network;
 (ii)  by the student's school; or
 (iii)  pursuant to an articulation agreement
 between the student's school and a college, university, or
 technical school for a dual enrollment course.
 SECTION 3.  Section 30A.001(7), Education Code, is amended
 to read as follows:
 (7)  "Course provider" ["Provider school district or
 school"] means:
 (A)  a school district or open-enrollment charter
 school that provides an electronic course through the state virtual
 school network to:
 (i)  students enrolled in that district or
 school; or
 (ii)  students enrolled in another school
 district or school; [or]
 (B)  a public or private institution of higher
 education that provides a course through the state virtual school
 network; or
 (C)  any other entity that provides a course
 through the state virtual school network and that satisfies
 eligibility requirements under Section 30A.101(c).
 SECTION 4.  Section 30A.002(c), Education Code, is amended
 to read as follows:
 (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 the student:
 (1)  is a dependent of a member of the United States
 military;
 (2)  was previously enrolled in high school in this
 state; and
 (3)  does not reside in this state due to a military
 deployment or transfer.
 SECTION 5.  Section 30A.003, Education Code, is amended to
 read as follows:
 Sec. 30A.003.  PROVISION OF COMPUTER EQUIPMENT OR INTERNET
 SERVICE. This chapter does not:
 (1)  require a school district, an open-enrollment
 charter school, a course provider [school district or school], or
 the state to provide a student with home computer equipment or
 Internet access for a course provided through the state virtual
 school network; or
 (2)  prohibit a school district or open-enrollment
 charter school from providing a student with home computer
 equipment or Internet access for a course provided through the
 state virtual school network.
 SECTION 6.  Section 30A.007, Education Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  A school district or open-enrollment charter school
 shall adopt a policy that provides district or school students in
 kindergarten through grade 12 with the opportunity to enroll
 part-time or full-time in electronic courses provided through
 various means, including:
 (1)  courses provided through the state virtual school
 network;
 (2)  other virtual courses provided by a school
 district or open-enrollment charter school for students attending
 that district or school; and
 (3)  virtual courses provided by a school district
 other than the one in which the student resides, or an
 open-enrollment charter school that the student does not attend.
 (a-1)  The policy adopted under Subsection (a) must be
 consistent with the requirements imposed by Section 26.0031.
 SECTION 7.  Section 30A.056(a), Education Code, is amended
 to read as follows:
 (a)  Each contract between a course provider [school
 district, an open-enrollment charter school, or a public or private
 institution of higher education] and the administering authority
 must:
 (1)  provide that the administering authority may
 cancel the contract without penalty if legislative authorization
 for the provider [district, school, or institution] to offer an
 electronic course through the state virtual school network is
 revoked; and
 (2)  be submitted to the commissioner.
 SECTION 8.  The heading to Section 30A.101, Education Code,
 is amended to read as follows:
 Sec. 30A.101.  ELIGIBILITY TO ACT AS COURSE PROVIDER [SCHOOL
 DISTRICT OR SCHOOL].
 SECTION 9.  Section 30A.101(a), Education Code, is amended
 to read as follows:
 (a)  In addition to satisfying eligibility requirements
 under Subsection (c), a [A] school district is eligible to act as a
 course provider [school district] under this chapter only if the
 district is rated acceptable or higher under Section 39.054.
 SECTION 10.  Section 30A.101(b), Education Code, as amended
 by Chapters 895 (H.B. 3) and 1328 (H.B. 3646), Acts of the 81st
 Legislature, Regular Session, 2009, is reenacted and amended to
 read as follows:
 (b)  In addition to satisfying eligibility requirements
 under Subsection (c), an [An] open-enrollment charter school campus
 is eligible to act as a course provider [school] under this chapter
 only if the campus was awarded a distinction designation under
 Subchapter G, Chapter 39, for the most recent year for which
 accountability ratings are available [is rated recognized or higher
 under Section 39.072], except that a campus may act as a course
 provider [school] to students receiving educational services under
 the supervision of a juvenile probation department, the Texas
 Juvenile Justice Department [Youth Commission], or the Texas
 Department of Criminal Justice if the campus is rated
 [academically] acceptable under Section 39.054 [or higher.     A
 campus may serve as a provider school only:
 [(1)     to a student within the school district in which
 the campus 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].
 SECTION 11.  Section 30A.101, Education Code, is amended by
 adding Subsections (c), (d), and (e) to read as follows:
 (c)  An entity that provides virtual education, including a
 school district, an open-enrollment charter school, a private
 elementary or secondary institution, an education service agency, a
 private or nonprofit education provider, and a corporation that
 offers vocational or technical course work in the corporation's
 field may be a course provider if:
 (1)  the entity applies to the administering authority;
 (2)  the entity complies with all local, state, and
 federal discrimination prohibitions;
 (3)  the entity has adopted measures to ensure that the
 entity's courses maintain alignment with the essential knowledge
 and skills requirements identified or content requirements
 established under Subchapter A, Chapter 28, or with any other
 quality-related criteria the commissioner has established under
 Section 30A.103(b);
 (4)  the entity satisfies any other criteria that the
 commissioner establishes, including accreditation requirements or
 course quality standards; and
 (5)  the administering authority approves the entity's
 application.
 (d)  In addition to satisfying eligibility requirements
 under Subsection (c), an entity that is not a school district or
 open-enrollment charter school is eligible to be a course provider
 only if the entity possesses prior successful experiences offering
 online courses that demonstrate student learning gains in each
 subject and grade level for which the entity provides courses.
 (e)  Once approved, a course provider shall:
 (1)  annually provide to the commissioner student
 performance results for each subject area and grade level for which
 the entity provides courses;
 (2)  continually make available to the commissioner and
 the public detailed and updated curriculum and student performance
 accountability plans for each subject area and grade level for
 which the entity provides courses; and
 (3)  keep published on the entity's Internet website:
 (A)  updated information and data about the
 curriculum of each course the entity offers and about any full-time
 or part-time program the entity offers;
 (B)  updated policies and procedures for each
 course;
 (C)  any relevant certifications, licenses, and
 accreditations of the entity;
 (D)  the physical location of all administrative
 and instructional personnel;
 (E)  the times at which instructional personnel
 are available to students and parents;
 (F)  student-teacher ratios for each of the
 entity's courses;
 (G)  student completion and promotion rates for
 students enrolled in the entity's courses; and
 (H)  student, educator, and school performance
 accountability outcomes.
 SECTION 12.  Subchapter C, Chapter 30A, Education Code, is
 amended by adding Section 30A.1011 to read as follows:
 Sec. 30A.1011.  DURATION OF APPROVAL STATUS; APPROVAL
 MONITORING AND REPORTING. (a) An entity that is approved as a course
 provider may operate as a course provider for an initial
 authorization period lasting until the end of the third full school
 year after the course provider's approval.
 (b)  At the expiration of an initial authorization period,
 the administering authority may approve a course provider for
 subsequent authorization periods using eligibility criteria under
 Section 30A.101. A subsequent authorization period may not be for
 less than three or more than 10 school years.
 (c)  Following the second full school year of an initial
 authorization period, the administering authority shall review the
 course provider's activities and the academic performance of the
 students enrolled in courses offered by the course provider using
 applicable accountability provisions under Chapter 39.  If the
 course provider does not comply with applicable standards
 established by the commissioner, the administering authority shall
 place the course provider on probation. A course provider on
 probation:
 (1)  may continue to offer electronic courses for the
 remainder of the authorization period;
 (2)  shall submit to the administering authority an
 improvement plan in accordance with rules adopted by the
 commissioner;
 (3)  shall publish on the provider's Internet website
 its probationary status along with a copy of the improvement plan
 submitted to the administering authority; and
 (4)  may be removed from probation after the provider
 is able to demonstrate to the administering authority the
 provider's compliance with applicable accountability provisions
 under Chapter 39.
 (d)  The administering authority shall continually monitor
 and evaluate the course provider in accordance with performance
 standards established by the commissioner using student academic
 performance as the main criterion.
 SECTION 13.  Section 30A.102, Education Code, is amended to
 read as follows:
 Sec. 30A.102.  LISTING OF ELECTRONIC COURSES.  (a)  The
 administering authority shall:
 (1)  publish the criteria required by Section 30A.103
 for electronic courses that may be offered through the state
 virtual school network;
 (2)  using the criteria required by Section 30A.103,
 evaluate electronic courses submitted by a course provider [school
 district or school] to be offered through the network;
 (3)  create a list of electronic courses approved by
 the administering authority; and
 (4)  publish in a prominent location on the state
 virtual school network's Internet website [provide public access
 to] the list of approved electronic courses offered through the
 network and a detailed description of the courses that complies
 with Section 30A.108.
 (b)  To ensure that a full range of electronic courses,
 including advanced placement courses, are offered to students in
 this state, the administering authority:
 (1)  shall create a list of those subjects and courses
 designated by the board under Subchapter A, Chapter 28, for which
 the board has identified essential knowledge and skills or for
 which the board has designated content requirements under
 Subchapter A, Chapter 28;
 (2)  shall enter into agreements with course providers
 [school districts, open-enrollment charter schools, and public or
 private institutions of higher education] for the purpose of
 offering the courses through the state virtual school network; and
 (3)  may develop or authorize the development of
 additional electronic courses or enter into contracts with course
 providers for licensing, development, or purchasing of additional
 electronic courses that:
 (A)  are needed to allow students to:
 (i)  complete high school graduation
 requirements; or
 (ii)  achieve state academic standards for
 any grade; and
 (B)  are not otherwise available through the state
 virtual school network.
 (c)  The administering authority shall develop a
 comprehensive course numbering system for all courses offered
 through the state virtual school network to ensure, to the greatest
 extent possible, consistent numbering of similar courses offered
 across all course providers.
 SECTION 14.  Section 30A.1021(c), Education Code, is amended
 to read as follows:
 (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 course
 provider [school district or school].
 SECTION 15.  Section 30A.103(a), Education Code, is amended
 to read as follows:
 (a)  The board by rule shall establish an objective standard
 criteria for an electronic course to ensure alignment with the
 essential knowledge and skills requirements identified or content
 requirements established under Subchapter A, Chapter 28.  The
 criteria may not permit the administering authority to prohibit
 course providers [provider school districts or schools] from
 applying for approval for an electronic course for a course for
 which essential knowledge and skills have been identified.
 SECTION 16.  Sections 30A.104(a) and (b), Education Code,
 are amended to read as follows:
 (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 kindergarten through grade
 12 [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)  If the essential knowledge and skills with which an
 approved course is aligned in accordance with Subsection (a)(2) are
 modified, the course 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 17.  Section 30A.1041, Education Code, is amended to
 read as follows:
 Sec. 30A.1041.  DRIVER EDUCATION COURSES. (a) A course
 provider [school district, open-enrollment charter school, or
 public or private institution of higher education] may seek
 approval to offer through the state virtual school network the
 classroom portion of a driver education and traffic safety course
 that complies with the requirements for the program developed under
 Section 29.902.
 (b)  A course provider [school district, open-enrollment
 charter school, or public or private institution of higher
 education] may not offer through the state virtual school network
 the laboratory portion of a driver education and traffic safety
 course.
 (c)  A driver education and traffic safety course offered in
 compliance with this section must be the equivalent in
 instructional rigor and scope to a course that is provided in a
 traditional classroom setting [for a period of 56 hours].
 SECTION 18.  Section 30A.105, Education Code, is amended by
 amending Subsections (a), (a-1), (c), and (d) and adding Subsection
 (a-3) to read as follows:
 (a)  The administering authority shall:
 (1)  establish a [schedule for an annual] submission
 and approval process for electronic courses that occurs on a
 rolling basis;
 (2)  evaluate electronic courses to be offered through
 the state virtual school network; and
 (3)  not later than the 90th day after the date the
 course was submitted for approval [August 1 of each year], either:
 (A)  approve an electronic course [courses] that:
 (i)  meets [(A)  meet] the criteria
 established under Section 30A.103; and
 (ii)  provides [(B)  provide] the minimum
 instructional rigor and scope required under Section 30A.104; or
 (B)  if the administering authority does not
 approve an electronic course, provide to the course provider that
 submitted the course a written explanation of the reason for which
 the course was not approved.
 (a-1)  The administering authority shall publish the
 submission and approval process for electronic courses [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-3)  If the administering authority determines that
 changes may be made to a proposed course to either improve the
 course or bring the course into compliance with established
 eligibility criteria, the administering authority may grant
 approval of that course that is conditional on the course provider
 implementing the changes identified by the administering
 authority.
 (c)  The agency shall pay the reasonable costs of 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, including dual credit 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 Juvenile
 Justice Department [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; and
 (6)  courses in subject areas designated by the
 commissioner as a high priority.
 (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
 course provider [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 not
 [equal] to exceed 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 19.  Subchapter C, Chapter 30A, Education Code, is
 amended by adding Section 30A.1052 to read as follows:
 Sec. 30A.1052.  INTERSTATE COURSE RECIPROCAL AGREEMENTS.
 The commissioner shall adopt a process for approving reciprocal
 agreements with agencies in other states to allow students residing
 in this state to enroll through the state virtual school network in
 electronic courses provided in other states.  The process must
 include provisions that ensure that:
 (1)  electronic courses provided in other states meet
 course eligibility guidelines under Section 30A.104; and
 (2)  each teacher of an electronic course provided in
 another state:
 (A)  possesses certification credentials similar
 to those required under Subchapter B, Chapter 21; and
 (B)  successfully completes the appropriate
 professional development course provided under Section 30A.112 or
 30A.1121 before teaching an electronic course offered through the
 network.
 SECTION 20.  Section 30A.106, Education Code, is amended to
 read as follows:
 Sec. 30A.106.  APPEAL TO COMMISSIONER. (a)  An entity
 seeking approval to act as a course provider or a course [A]
 provider seeking approval of an electronic course [school district
 or school] may appeal to the commissioner the administering
 authority's refusal to approve the entity as a course provider
 under Section 30A.101 or approve an electronic course under Section
 30A.105.
 (b)  If the commissioner determines that the administering
 authority's evaluation did not follow the criteria or was otherwise
 irregular, the commissioner may overrule the administering
 authority and approve the course provider or place the course on a
 list of approved courses.  The commissioner's decision under this
 section is final and may not be appealed.
 (c)  If an entity's application and appeal to act as a course
 provider are denied, the entity may resubmit an application to
 become a course provider at any time.
 SECTION 21.  Sections 30A.107(a) and (d), Education Code,
 are amended to read as follows:
 (a)  A course provider [school district or school] may offer
 electronic courses to:
 (1)  students and adults who reside in this state; and
 (2)  students who reside outside this state and who
 meet the eligibility requirements under Section 30A.002(c).
 (d)  A school district or open-enrollment charter school may
 not require a student to enroll in an electronic course for any
 reason other than to comply with Section 28.025(b-1)(3)(C).
 SECTION 22.  Section 30A.108(b), Education Code, is amended
 to read as follows:
 (b)  Each report under this section must be updated not later
 than the 30th day after the date an electronic course is approved
 and must describe each electronic course offered through the state
 virtual school network and include information such as course
 requirements and the school year calendar for the course, including
 any options for continued participation outside of the standard
 school year calendar.
 SECTION 23.  Section 30A.111(a), Education Code, is amended
 to read as follows:
 (a)  Each teacher of an electronic course offered by a course
 provider [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.
 SECTION 24.  Section 30A.1121, Education Code, is amended to
 read as follows:
 Sec. 30A.1121.  ALTERNATIVE EDUCATOR PROFESSIONAL
 DEVELOPMENT. (a) Subject to Subsection (b), a course provider
 [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 course provider [district or school] may
 provide a professional development course that is approved under
 Subsection (b) to any interested teacher, regardless of [whether]
 the teacher's employer [teacher is employed by the district or
 school].
 (b)  The agency shall review each professional development
 course sought to be provided by a course provider [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
 course provider [district or school] may provide the course for
 purposes of enabling a teacher to comply with Section
 30A.111(a)(2).
 SECTION 25.  Section 30A.114, Education Code, is amended to
 read as follows:
 Sec. 30A.114.  REGIONAL EDUCATION SERVICE CENTERS. The
 commissioner by rule shall allow regional education service centers
 to participate in the state virtual school network in the same
 manner as course providers [provider school districts and schools].
 SECTION 26.  Subchapter D, Chapter 30A, Education Code, is
 amended by adding Section 30A.154 to read as follows:
 Sec. 30A.154.  FOUNDATION SCHOOL PROGRAM FUNDING. (a)  A
 course provider is entitled to funding based on a per-course amount
 for each student enrolled in a class provided by the course
 provider.  The per-course amount is equal to the market rate for
 enrollment in an electronic course, as determined by the course
 provider and approved by the commissioner, but may not exceed
 one-sixth of 90 percent of the state and local funding to which the
 school district or open-enrollment charter school in which the
 student is enrolled or resides would otherwise be entitled for the
 student's enrollment in courses provided in a traditional classroom
 setting. The per-course amount shall be paid to the course provider
 as follows:
 (1)  50 percent of the per-course amount on the
 student's enrollment in the electronic course; and
 (2)  either:
 (A)  50 percent of the per-course amount on the
 student's completion of the course if completed within the course's
 prescribed course length; or
 (B)  40 percent of the per-course amount on the
 student's completion of the course if completed after the course's
 prescribed course length but before the student graduates from high
 school or withdraws from school.
 (b)  A school district or open-enrollment charter school in
 which a student is enrolled or resides is entitled, for each
 electronic course in which the student enrolls, to:
 (1)  funding equal to the amount of one-sixth of 10
 percent of the state and local funding to which the school district
 or open-enrollment charter school in which the student is enrolled
 or resides would otherwise be entitled for the student's enrollment
 in courses provided in a traditional classroom setting; and
 (2)  either:
 (A)  10 percent of the per-course amount paid to
 the course provider if the student completes the course within the
 time prescribed by Subsection (a)(2)(B); or
 (B)  50 percent of the per-course amount paid to
 the course provider if the student does not complete the course
 within the time prescribed by Subsection (a)(2)(A) or (B).
 (c)  The amount of funding to which a course provider is
 entitled for a student's enrollment in an electronic course shall
 be reduced proportionally if the student withdraws from the course
 during the course's prescribed length.
 (d)  The commissioner shall adopt rules necessary to
 implement this section, including rules regarding attendance
 accounting.
 SECTION 27.  The heading to Section 30A.155, Education Code,
 is amended to read as follows:
 Sec. 30A.155.  FEES AND TUITION.
 SECTION 28.  Section 30A.155, Education Code, is amended by
 amending Subsections (a), (a-1), (b), and (c-1) and adding
 Subsection (e) to read as follows:
 (a) A course provider [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.
 (a-1)  A course provider [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.
 (b)  A course provider [school district or open-enrollment
 charter school] shall 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 is not enrolled in a school
 district or open-enrollment charter school as a full-time student.
 (c-1)  A school district or open-enrollment charter school
 that is not the course 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.
 (e)  A course provider may charge tuition to any student who
 enrolls in an electronic course provided by the course provider in
 an amount equal to the per-course amount designated under Section
 30A.154(a). If a course provider accepts a tuition charge under
 this subsection, the provider is not otherwise entitled to funding
 from any other source for the student's enrollment in the course.
 SECTION 29.  Subchapter A, Chapter 32, Education Code, is
 amended by adding Section 32.005 to read as follows:
 Sec. 32.005.  STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES.
 (a)  The commissioner shall conduct a study to assess the network
 capabilities of each school district. The study must gather
 sufficient information to determine whether the network
 connections of a district and school campuses in the district meet
 the following targets:
 (1)  an external Internet connection to a campus's
 Internet service provider featuring a bandwidth capable of a
 broadband speed of at least 100 megabits per second for every 1,000
 students and staff members; and
 (2)  an internal wide area network connection between
 the district and each of the school campuses in the district
 featuring a bandwidth capable of a broadband speed of at least one
 gigabit per second for every 1,000 students and staff members.
 (b)  The commissioner may solicit and accept gifts and grants
 from any public or private source to conduct the study. The
 commissioner may also cooperate or collaborate with national
 organizations conducting similar studies.
 (c)  The commissioner shall complete the study not later than
 December 1, 2014.  This section expires December 1, 2015.
 SECTION 30.  Sections 30A.002(b) and 30A.153, Education
 Code, are repealed.
 SECTION 31.  This Act applies beginning with the 2013-2014
 school year.
 SECTION 32.  Section 28.025(b-1)(3)(C), Education Code, as
 added by this Act, applies beginning with students entering the
 ninth grade in the 2013-2014 school year.
 SECTION 33.  Section 30A.101, Education Code, as amended by
 this Act, applies only to an entity that seeks to become a course
 provider through the state virtual school network on or after the
 effective date of this Act.
 SECTION 34.  Section 30A.1011, Education Code, as added by
 this Act, applies only to an entity that becomes a course provider
 through the state virtual school network on or after the effective
 date of this Act.
 SECTION 35.  Not later than January 1, 2014, the
 commissioner of education shall adopt a process for approving
 reciprocal agreements as required by Section 30A.1052, Education
 Code, as added by this Act.
 SECTION 36.  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, 2013.