Texas 2013 - 83rd Regular

Texas Senate Bill SB1298 Compare Versions

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1	1	By: Hegar, Patrick S.B. No. 1298
2	2	(In the Senate - Filed March 7, 2013; March 13, 2013, read
3	3	first time and referred to Committee on Education; April 15, 2013,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 5, Nays 3; April 15, 2013, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1298 By: Duncan
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the provision of electronic courses in public schools,
12	12	the state virtual school network, and school district digital
13	13	capabilities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsections (b), (c), and (d), Section 26.0031,
16	16	Education Code, are amended to read as follows:
17	17	(b) A school district or open-enrollment charter school in
18	18	which a student is enrolled as a full-time student may not
19	19	[unreasonably] deny the request of a parent of a student to enroll
20	20	the student in an electronic course offered through the state
21	21	virtual school network under Chapter 30A.
22	22	(c) Notwithstanding [For purposes of] Subsection (b), a
23	23	school district or open-enrollment charter school may deny [is not
24	24	considered to have unreasonably denied] a request to enroll a
25	25	student in an electronic course if:
26	26	(1) the district or school can demonstrate that the
27	27	course does not meet state standards or standards of the district or
28	28	school that are of equivalent rigor as the district's or school's
29	29	standards for the same course provided in a traditional classroom
30	30	setting; or
31	31	(2) [a student attempts to enroll in a course load
32	32	that:
33	33	[(A) is inconsistent with the student's high
34	34	school graduation plan; or
35	35	[(B) could reasonably be expected to negatively
36	36	affect the student's performance on an assessment instrument
37	37	administered under Section 39.023; or
38	38	[(3)] the student requests permission to enroll in an
39	39	electronic course at a time that is not consistent with the
40	40	enrollment period established by the school district or
41	41	open-enrollment charter school providing the course.
42	42	(d) Notwithstanding Subsection (c) [(c)(3)], a school
43	43	district or open-enrollment charter school that provides an
44	44	electronic course through the state virtual school network under
45	45	Chapter 30A shall make all reasonable efforts to accommodate the
46	46	enrollment of a student in the course under special circumstances.
47	47	SECTION 2. Section 30A.001, Education Code, is amended by
48	48	adding Subdivision (3-a) and amending Subdivisions (7) and (8) to
49	49	read as follows:
50	50	(3-a) "Electronic catalogue course" means an
51	51	electronic course offered by an electronic catalogue course
52	52	provider through the state virtual school network to students
53	53	enrolled in a school district or open-enrollment charter school.
54	54	(7) "Electronic catalogue course provider" ["Provider
55	55	school district or school"] means:
56	56	(A) a school district or open-enrollment charter
57	57	school that provides an electronic course through the state virtual
58	58	school network to:
59	59	(i) students enrolled in that district or
60	60	school; or
61	61	(ii) students enrolled in another school
62	62	district or school; [or]
63	63	(B) a public or private institution of higher
64	64	education, nonprofit entity, or private entity that provides a
65	65	course through the state virtual school network;
66	66	(C) an entity that provides an electronic
67	67	professional development course through the state virtual school
68	68	network; or
69	69	(D) a school district or open-enrollment charter
70	70	school that provides a full-time virtual instruction program
71	71	through the state virtual school network.
72	72	(8) "Public or private institution of higher
73	73	education" means[:
74	74	[(A)] an institution of higher education, as
75	75	defined by 20 U.S.C. Section 1001 [Section 61.003; or
76	76	[(B) a private or independent institution of
77	77	higher education, as defined by Section 61.003].
78	78	SECTION 3. Subsection (c), Section 30A.002, Education Code,
79	79	is amended to read as follows:
80	80	(c) Notwithstanding Subsection (a)(3) [or (b)], a student
81	81	is eligible to enroll in one or more courses [provided through the
82	82	state virtual school network] or enroll full-time in courses
83	83	[provided through the network] if the student:
84	84	(1) is a dependent of a member of the United States
85	85	military;
86	86	(2) was previously enrolled in high school in this
87	87	state; and
88	88	(3) does not reside in this state due to a military
89	89	deployment or transfer.
90	90	SECTION 4. Section 30A.003, Education Code, is amended to
91	91	read as follows:
92	92	Sec. 30A.003. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
93	93	SERVICE. This chapter does not:
94	94	(1) require a school district, an open-enrollment
95	95	charter school, an electronic catalogue course [a] provider [school
96	96	district or school], or the state to provide a student with home
97	97	computer equipment or Internet access for a course provided through
98	98	the state virtual school network; or
99	99	(2) prohibit a school district or open-enrollment
100	100	charter school from providing a student with home computer
101	101	equipment or Internet access for a course provided through the
102	102	state virtual school network.
103	103	SECTION 5. Section 30A.007, Education Code, is amended by
104	104	amending Subsection (a) and adding Subsection (a-1) to read as
105	105	follows:
106	106	(a) A school district or open-enrollment charter school
107	107	shall adopt and send to students' parents twice per year a written
108	108	policy that provides district or school students in grade 3 through
109	109	grade 12 with the opportunity to enroll part-time or full-time in
110	110	electronic courses provided by electronic course providers,
111	111	including electronic catalogue courses provided through the state
112	112	virtual school network.
113	113	(a-1) The policy adopted under Subsection (a) must be
114	114	consistent with the requirements imposed by Section 26.0031.
115	115	SECTION 6. Subsection (a), Section 30A.056, Education Code,
116	116	is amended to read as follows:
117	117	(a) Each contract between an electronic catalogue course
118	118	provider [a school district, an open-enrollment charter school, or
119	119	a public or private institution of higher education] and the
120	120	administering authority must:
121	121	(1) provide that the administering authority may
122	122	cancel the contract without penalty if legislative authorization
123	123	for the provider [district, school, or institution] to offer an
124	124	electronic course through the state virtual school network is
125	125	revoked; and
126	126	(2) be submitted to the commissioner.
127	127	SECTION 7. The heading to Section 30A.101, Education Code,
128	128	is amended to read as follows:
129	129	Sec. 30A.101. ELIGIBILITY TO ACT AS ELECTRONIC CATALOGUE
130	130	COURSE PROVIDER [SCHOOL DISTRICT OR SCHOOL].
131	131	SECTION 8. Section 30A.101, Education Code, is amended by
132	132	amending Subsection (a) and adding Subsections (c) and (d) to read
133	133	as follows:
134	134	(a) A school district or open-enrollment charter school is
135	135	eligible to act as an electronic catalogue course [a] provider
136	136	[school district] under this chapter only if the district is rated
137	137	acceptable or higher under Section 39.054.
138	138	(c) An entity other than a school district or
139	139	open-enrollment charter school is eligible to act as an electronic
140	140	catalogue course provider under this chapter only if the entity:
141	141	(1) complies with all applicable federal and state
142	142	antidiscrimination laws;
143	143	(2) provides evidence of prior, successful experience
144	144	offering online courses to elementary, middle, or high school
145	145	students as determined by the commissioner; and
146	146	(3) can demonstrate that the entity is financially
147	147	solvent.
148	148	(d) An open-enrollment charter school may not offer a
149	149	full-time electronic course program unless the charter
150	150	establishing the school under Section 12.101 authorizes the school
151	151	to operate such a program.
152	152	SECTION 9. Subchapter C, Chapter 30A, Education Code, is
153	153	amended by adding Section 30A.1011 to read as follows:
154	154	Sec. 30A.1011. DURATION OF APPROVAL STATUS; APPROVAL
155	155	MONITORING AND REPORTING. (a) An entity that is approved as an
156	156	electronic catalogue course provider may operate as an electronic
157	157	catalogue course provider for an initial authorization period
158	158	lasting until the end of the third full school year after the
159	159	approval.
160	160	(b) At the expiration of an initial authorization period,
161	161	the administering authority may approve an electronic catalogue
162	162	course provider for subsequent authorization periods using
163	163	eligibility criteria under Section 30A.101. A subsequent
164	164	authorization period may not be for less than three or more than 10
165	165	school years.
166	166	(c) Following the second full school year of an initial
167	167	authorization period, the administering authority shall review the
168	168	electronic catalogue course provider's activities and the academic
169	169	performance of the students enrolled in courses offered by the
170	170	provider using applicable accountability provisions under Chapter
171	171	39. If the electronic catalogue course provider does not comply
172	172	with applicable standards established by the commissioner, the
173	173	administering authority shall place the provider on probation. An
174	174	electronic catalogue course provider on probation:
175	175	(1) may continue to offer electronic courses for the
176	176	remainder of the authorization period;
177	177	(2) shall submit to the administering authority an
178	178	improvement plan in accordance with rules adopted by the
179	179	commissioner;
180	180	(3) shall publish on the provider's Internet website
181	181	its probationary status along with a copy of the improvement plan
182	182	submitted to the administering authority;
183	183	(4) may be removed from probation after the provider
184	184	is able to demonstrate to the administering authority the
185	185	provider's compliance with applicable accountability provisions
186	186	under Chapter 39; and
187	187	(5) must demonstrate compliance by the end of the
188	188	third year of the initial authorization.
189	189	(d) The commissioner may remove the approved status of an
190	190	electronic catalogue course provider on probation if the provider
191	191	does not comply with Subsection (c)(5). If the provider's approved
192	192	status is removed, the provider may not reapply until the third
193	193	anniversary of the date of removal.
194	194	(e) The administering authority shall continually monitor
195	195	and evaluate the electronic catalogue course provider in accordance
196	196	with performance standards established by the commissioner using
197	197	student academic performance as the main criterion.
198	198	SECTION 10. Section 30A.102, Education Code, is amended to
199	199	read as follows:
200	200	Sec. 30A.102. LISTING OF ELECTRONIC CATALOGUE
201	201	COURSES. (a) The administering authority shall:
202	202	(1) publish the criteria required by Section 30A.103
203	203	for electronic catalogue courses that may be offered through the
204	204	state virtual school network;
205	205	(2) using the criteria required by Section 30A.103,
206	206	evaluate electronic catalogue courses submitted by an electronic
207	207	catalogue course [a] provider [school district or school] to be
208	208	offered through the network;
209	209	(3) create a list of electronic catalogue courses
210	210	approved by the administering authority; and
211	211	(4) publish in a prominent location on the state
212	212	virtual school network's Internet website [provide public access
213	213	to] the list of approved electronic catalogue courses offered
214	214	through the network and a detailed description of the courses that
215	215	complies with Section 30A.108.
216	216	(b) To ensure that a full range of electronic catalogue
217	217	courses, including advanced placement courses, are offered to
218	218	students in this state, the administering authority:
219	219	(1) shall create a list of those subjects and courses
220	220	designated by the board under Subchapter A, Chapter 28, for which
221	221	the board has identified essential knowledge and skills or for
222	222	which the board has designated content requirements under
223	223	Subchapter A, Chapter 28;
224	224	(2) shall enter into agreements with electronic
225	225	catalogue course providers [school districts, open-enrollment
226	226	charter schools, and public or private institutions of higher
227	227	education] for the purpose of offering the courses through the
228	228	state virtual school network; and
229	229	(3) may develop or authorize the development of
230	230	additional electronic catalogue courses that[:
231	231	[(A) are needed to complete high school
232	232	graduation requirements; and
233	233	[(B)] are not otherwise available through the
234	234	state virtual school network.
235	235	(c) The administering authority shall develop a
236	236	comprehensive course numbering system for all electronic catalogue
237	237	courses offered through the state virtual school network to ensure,
238	238	to the greatest extent possible, consistent numbering of similar
239	239	courses offered across all electronic catalogue course providers.
240	240	SECTION 11. Subsections (a) and (c), Section 30A.1021,
241	241	Education Code, are amended to read as follows:
242	242	(a) The administering authority shall provide students who
243	243	have completed or withdrawn from electronic catalogue courses
244	244	[offered through the virtual school network] and their parents with
245	245	a mechanism for providing comments regarding the courses.
246	246	(c) The administering authority shall provide public access
247	247	to the comments submitted by students and parents under this
248	248	section. The comments must be in a format that permits a person to
249	249	sort the comments by teacher, electronic catalogue course, and
250	250	electronic catalogue course provider [school district or school].
251	251	SECTION 12. Subsection (a), Section 30A.103, Education
252	252	Code, is amended to read as follows:
253	253	(a) The board by rule shall establish an objective standard
254	254	criteria for an electronic catalogue course to ensure alignment
255	255	with the essential knowledge and skills requirements identified or
256	256	content requirements established under Subchapter A, Chapter
257	257	28. The criteria may not permit the administering authority to
258	258	prohibit course providers [provider school districts or schools]
259	259	from applying for approval for an electronic course for inclusion
260	260	as an electronic catalogue [a] course if [for which] essential
261	261	knowledge and skills have been identified for that course.
262	262	SECTION 13. The heading to Section 30A.104, Education Code,
263	263	is amended to read as follows:
264	264	Sec. 30A.104. COURSE ELIGIBILITY FOR INCLUSION IN STATE
265	265	VIRTUAL SCHOOL NETWORK [IN GENERAL].
266	266	SECTION 14. Subsections (a) and (b), Section 30A.104,
267	267	Education Code, are amended to read as follows:
268	268	(a) An electronic catalogue [A] course [offered through the
269	269	state virtual school network] must:
270	270	(1) be in a specific subject that is part of the
271	271	required curriculum under Section 28.002(a);
272	272	(2) be aligned with the essential knowledge and skills
273	273	identified under Section 28.002(c) for grade 3 through grade 12 [a
274	274	grade level at or above grade level three]; and
275	275	(3) be the equivalent in instructional rigor and scope
276	276	to a course that is provided in a traditional classroom setting
277	277	during:
278	278	(A) a semester of 90 instructional days; and
279	279	(B) a school day that meets the minimum length of
280	280	a school day required under Section 25.082.
281	281	(b) If the essential knowledge and skills with which an
282	282	electronic catalogue [approved] course is aligned in accordance
283	283	with Subsection (a)(2) are modified, the electronic catalogue
284	284	course provider [school district or school] must be provided the
285	285	same time period to revise the course to achieve alignment with the
286	286	modified essential knowledge and skills as is provided for the
287	287	modification of a course provided in a traditional classroom
288	288	setting.
289	289	SECTION 15. Subsections (a) and (b), Section 30A.1041,
290	290	Education Code, are amended to read as follows:
291	291	(a) A course provider [school district, open-enrollment
292	292	charter school, or public or private institution of higher
293	293	education] may seek approval to offer through the state virtual
294	294	school network the classroom portion of a driver education and
295	295	traffic safety course that complies with the requirements for the
296	296	program developed under Section 29.902.
297	297	(b) A course provider [school district, open-enrollment
298	298	charter school, or public or private institution of higher
299	299	education] may not offer through the state virtual school network
300	300	the laboratory portion of a driver education and traffic safety
301	301	course.
302	302	SECTION 16. Subsections (a), (a-1), (c), and (d), Section
303	303	30A.105, Education Code, are amended to read as follows:
304	304	(a) The administering authority shall:
305	305	(1) establish a [schedule for an annual] submission
306	306	and approval process for electronic catalogue courses that occurs
307	307	on a rolling basis; and
308	308	(2) evaluate electronic catalogue courses to be
309	309	offered through the state virtual school network[; and
310	310	[(3) not later than August 1 of each year, approve
311	311	electronic courses that:
312	312	[(A) meet the criteria established under Section
313	313	30A.103; and
314	314	[(B) provide the minimum instructional rigor and
315	315	scope required under Section 30A.104].
316	316	(a-1) The administering authority shall publish the
317	317	submission and approval process for electronic catalogue courses
318	318	[schedule] established under Subsection (a)(1), including any
319	319	deadlines [specified in that schedule,] and [any] guidelines
320	320	applicable to the [submission and approval] process [for electronic
321	321	courses].
322	322	(c) The agency shall pay the reasonable costs of evaluating
323	323	and approving electronic courses for inclusion as an electronic
324	324	catalogue course. If funds available to the agency for that purpose
325	325	are insufficient to pay the costs of evaluating and approving all
326	326	electronic courses submitted for evaluation and approval, the
327	327	agency shall give priority to paying the costs of evaluating and
328	328	approving the following courses:
329	329	(1) courses that satisfy high school graduation
330	330	requirements;
331	331	(2) courses that would likely benefit a student in
332	332	obtaining admission to a postsecondary institution;
333	333	(3) courses, including dual credit courses, that allow
334	334	a student to earn college credit or other advanced credit;
335	335	(4) courses in subject areas most likely to be highly
336	336	beneficial to students receiving educational services under the
337	337	supervision of a juvenile probation department, the Texas Juvenile
338	338	Justice Department [Youth Commission], or the Texas Department of
339	339	Criminal Justice; [and]
340	340	(5) courses in subject areas designated by the
341	341	commissioner as commonly experiencing a shortage of teachers; and
342	342	(6) courses in subject areas designated by the
343	343	commissioner as a high priority.
344	344	(d) If the agency determines that the costs of evaluating
345	345	and approving a submitted electronic course will not be paid by the
346	346	agency due to a shortage of funds available for that purpose, the
347	347	course provider [school district, open-enrollment charter school,
348	348	or public or private institution of higher education] that
349	349	submitted the course for evaluation and approval may pay a fee not
350	350	[equal] to exceed the amount of the costs in order to ensure that
351	351	evaluation of the course occurs. The agency shall establish and
352	352	publish a fee schedule for purposes of this subsection.
353	353	SECTION 17. Subchapter C, Chapter 30A, Education Code, is
354	354	amended by adding Section 30A.1052 to read as follows:
355	355	Sec. 30A.1052. INTERSTATE COURSE RECIPROCAL AGREEMENTS.
356	356	The commissioner shall adopt a process for approving reciprocal
357	357	agreements with agencies in other states to allow students residing
358	358	in this state to enroll through the state virtual school network in
359	359	electronic courses provided in other states. The process must
360	360	include provisions that ensure that:
361	361	(1) electronic courses provided in other states meet
362	362	electronic catalogue course eligibility guidelines under Section
363	363	30A.104; and
364	364	(2) each teacher of an electronic course provided in
365	365	another state:
366	366	(A) possesses certification credentials similar
367	367	to those required under Subchapter B, Chapter 21; and
368	368	(B) successfully completes the appropriate
369	369	professional development course provided under Section 30A.112 or
370	370	30A.1121 before teaching an electronic catalogue course.
371	371	SECTION 18. Section 30A.106, Education Code, is amended to
372	372	read as follows:
373	373	Sec. 30A.106. APPEAL TO COMMISSIONER. (a) An entity
374	374	seeking approval to act as an electronic catalogue course provider
375	375	or a course [A] provider seeking approval of an electronic course
376	376	[school district or school] may appeal to the commissioner the
377	377	administering authority's refusal to approve the entity as an
378	378	electronic catalogue course provider under Section 30A.101 or
379	379	approve an electronic catalogue course under Section 30A.105.
380	380	(b) If the commissioner determines that the administering
381	381	authority's evaluation did not follow the criteria or was otherwise
382	382	irregular, the commissioner may overrule the administering
383	383	authority and approve the course provider or place the course on a
384	384	list of approved electronic catalogue courses. The commissioner's
385	385	decision under this section is final and may not be appealed.
386	386	SECTION 19. The heading to Section 30A.107, Education Code,
387	387	is amended to read as follows:
388	388	Sec. 30A.107. OPTIONS FOR ELECTRONIC CATALOGUE COURSE
389	389	PROVIDERS AND STUDENTS.
390	390	SECTION 20. Subsection (a), Section 30A.107, Education
391	391	Code, is amended to read as follows:
392	392	(a) An electronic catalogue course [A] provider [school
393	393	district or school] may offer electronic catalogue courses to:
394	394	(1) students and adults who reside in this state; and
395	395	(2) students who reside outside this state and who
396	396	meet the eligibility requirements under Section 30A.002(c).
397	397	SECTION 21. Subsection (b), Section 30A.108, Education
398	398	Code, is amended to read as follows:
399	399	(b) Each report under this section must be updated not later
400	400	than the 30th day after the date an electronic course is approved
401	401	for inclusion as an electronic catalogue course and must describe
402	402	each electronic catalogue course [offered through the state virtual
403	403	school network] and must include information such as course
404	404	requirements and the school year calendar for the course, including
405	405	any options for continued participation outside of the standard
406	406	school year calendar.
407	407	SECTION 22. Subsection (a), Section 30A.111, Education
408	408	Code, is amended to read as follows:
409	409	(a) Each teacher of an electronic catalogue course offered
410	410	by an electronic catalogue course provider [a school district or
411	411	open-enrollment charter school through the state virtual school
412	412	network] must:
413	413	(1) be certified under Subchapter B, Chapter 21, to
414	414	teach that course and grade level; and
415	415	(2) successfully complete the appropriate
416	416	professional development course provided under Section 30A.112(a)
417	417	or 30A.1121 during the teacher's first year of [before] teaching an
418	418	electronic catalogue course [offered through the network].
419	419	SECTION 23. Section 30A.1121, Education Code, is amended to
420	420	read as follows:
421	421	Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL
422	422	DEVELOPMENT. (a) Subject to Subsection (b), an electronic
423	423	catalogue course provider [a school district or open-enrollment
424	424	charter school] may provide professional development courses to
425	425	teachers seeking to become authorized to teach electronic catalogue
426	426	courses provided through the state virtual school network. An
427	427	electronic catalogue course provider [A district or school] may
428	428	provide a professional development course that is approved under
429	429	Subsection (b) to any interested teacher, regardless of [whether]
430	430	the teacher's employer [teacher is employed by the district or
431	431	school].
432	432	(b) The agency shall review each professional development
433	433	course sought to be provided by an electronic catalogue course
434	434	provider [a school district or open-enrollment charter school]
435	435	under Subsection (a) to determine if the course meets the quality
436	436	standards established under Section 30A.113. If a course meets
437	437	those standards, the electronic catalogue course provider
438	438	[district or school] may provide the course for purposes of
439	439	enabling a teacher to comply with Section 30A.111(a)(2).
440	440	SECTION 24. Section 30A.114, Education Code, is amended to
441	441	read as follows:
442	442	Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The
443	443	commissioner by rule shall allow regional education service centers
444	444	to participate in the state virtual school network in the same
445	445	manner as electronic catalogue course providers [provider school
446	446	districts and schools].
447	447	SECTION 25. The heading to Section 30A.153, Education Code,
448	448	is amended to read as follows:
449	449	Sec. 30A.153. [FOUNDATION SCHOOL PROGRAM] FUNDING OF
450	450	ELECTRONIC COURSES.
451	451	SECTION 26. Section 30A.153, Education Code, is amended by
452	452	amending Subsections (a) and (b) and adding Subsection (a-1) to
453	453	read as follows:
454	454	(a) A school district or open-enrollment charter school in
455	455	which a student is enrolled is entitled to funding based on a
456	456	per-course amount under Chapter 42 for the student's enrollment in
457	457	an electronic catalogue course or other electronic course in which
458	458	a student has enrolled that is offered through the state virtual
459	459	school network in the same manner that the district or school is
460	460	entitled to funding for the student's enrollment in courses
461	461	provided in a traditional classroom setting, provided that the
462	462	student successfully completes the electronic course and without
463	463	respect to the setting in which the student participates in the
464	464	course.
465	465	(a-1) For a full-time electronic course program offered
466	466	through the state virtual school network for grades 3 through 12, a
467	467	school district or open-enrollment charter school is entitled to
468	468	receive state and local funding for a student enrolled in the
469	469	program in an amount equal to the funding the district or school
470	470	would otherwise receive for a student enrolled in the district or
471	471	school. The district or school may calculate the average daily
472	472	attendance of a student enrolled in the program based on:
473	473	(1) hours of contact with the student;
474	474	(2) the student's successful completion of a course;
475	475	or
476	476	(3) a method approved by the commissioner.
477	477	(b) The commissioner, after considering comments from
478	478	school district and open-enrollment charter school
479	479	representatives, shall adopt a standard agreement that governs
480	480	payment of funds and other matters relating to a student's
481	481	enrollment in an electronic catalogue course offered through the
482	482	state virtual school network. The agreement may not require a
483	483	school district or open-enrollment charter school to pay the
484	484	electronic catalogue course provider the full amount until the
485	485	student has successfully completed the electronic catalogue
486	486	course.
487	487	SECTION 27. The heading to Section 30A.155, Education Code,
488	488	is amended to read as follows:
489	489	Sec. 30A.155. FEES AND TUITION.
490	490	SECTION 28. Section 30A.155, Education Code, is amended by
491	491	amending Subsections (a), (a-1), (b), (c), and (c-1) and adding
492	492	Subsection (e) to read as follows:
493	493	(a) A school district or open-enrollment charter school in
494	494	which a student resides or is enrolled may charge a fee for
495	495	enrollment in an electronic catalogue course [provided through the
496	496	state virtual school network] to a student who resides in this state
497	497	and:
498	498	(1) is enrolled in the [a school] district or
499	499	[open-enrollment charter] school as a full-time student; and
500	500	(2) is enrolled in a course load greater than that
501	501	normally taken by students in the equivalent grade level in other
502	502	school districts or open-enrollment charter schools.
503	503	(a-1) A school district or open-enrollment charter school
504	504	in which a student resides or is enrolled may charge a fee for
505	505	enrollment in an electronic catalogue course provided [through the
506	506	state virtual school network] during the summer.
507	507	(b) A school district or open-enrollment charter school in
508	508	which a student resides or is enrolled shall charge a fee for
509	509	enrollment in an electronic catalogue course provided [through the
510	510	state virtual school network] to a student who resides in this state
511	511	and is not enrolled in a school district or open-enrollment charter
512	512	school as a full-time student.
513	513	(c) The amount of a fee charged a student under Subsection
514	514	(a), (a-1), or (b) for each electronic course in which the student
515	515	enrolls through the state virtual school network must be used to pay
516	516	the costs of the course provider through the agreement under
517	517	Section 30A.153 and may not exceed the lesser of:
518	518	(1) the cost of providing the course; or
519	519	(2) $400.
520	520	(c-1) A school district or open-enrollment charter school
521	521	that is not the electronic catalogue course provider [school
522	522	district or school] may charge a student enrolled in the district or
523	523	school a nominal fee, not to exceed the amount specified by the
524	524	commissioner, if the student enrolls in an electronic catalogue
525	525	course [provided through the state virtual school network] that
526	526	exceeds the course load normally taken by students in the
527	527	equivalent grade level. A juvenile probation department or state
528	528	agency may charge a comparable fee to a student under the
529	529	supervision of the department or agency.
530	530	(e) A school district or open-enrollment charter school in
531	531	which a student resides or is enrolled may charge tuition to a
532	532	student not enrolled in a public school who enrolls in an electronic
533	533	course provided by the district or school in an amount equal to the
534	534	per-course amount designated under Section 30A.153(a). If a
535	535	district or school accepts a tuition charge under this subsection,
536	536	the provider is not otherwise entitled to funding from any other
537	537	source for the student's enrollment in the course.
538	538	SECTION 29. Subchapter A, Chapter 32, Education Code, is
539	539	amended by adding Section 32.005 to read as follows:
540	540	Sec. 32.005. STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES.
541	541	(a) The commissioner shall conduct a study to assess the network
542	542	capabilities of each school district. The study must gather
543	543	sufficient information to determine whether the network
544	544	connections of a district and school campuses in the district meet
545	545	the following targets:
546	546	(1) an external Internet connection to a campus's
547	547	Internet service provider featuring a bandwidth capable of a
548	548	broadband speed of at least 100 megabits per second for every 1,000
549	549	students and staff members; and
550	550	(2) an internal wide area network connection between
551	551	the district and each of the school campuses in the district
552	552	featuring a bandwidth capable of a broadband speed of at least one
553	553	gigabit per second for every 1,000 students and staff members.
554	554	(b) The commissioner may solicit and accept gifts and grants
555	555	from any public or private source to conduct the study. The
556	556	commissioner may also cooperate or collaborate with national
557	557	organizations conducting similar studies.
558	558	(c) The commissioner shall complete the study not later than
559	559	December 1, 2014. This section expires December 1, 2015.
560	560	SECTION 30. The following provisions of the Education Code
561	561	are repealed:
562	562	(1) Subsection (b), Section 30A.002;
563	563	(2) Subsection (b), Section 30A.101, as amended by
564	564	Chapters 895 (House Bill No. 3) and 1328 (House Bill No. 3646), Acts
565	565	of the 81st Legislature, Regular Session, 2009; and
566	566	(3) Subsection (f), Section 30A.151.
567	567	SECTION 31. This Act applies beginning with the 2013-2014
568	568	school year.
569	569	SECTION 32. Section 30A.101, Education Code, as amended by
570	570	this Act, applies only to an entity that seeks to become a course
571	571	provider through the state virtual school network on or after the
572	572	effective date of this Act.
573	573	SECTION 33. Section 30A.1011, Education Code, as added by
574	574	this Act, applies only to an entity that becomes a course provider
575	575	through the state virtual school network on or after the effective
576	576	date of this Act.
577	577	SECTION 34. Not later than January 1, 2014, the
578	578	commissioner of education shall adopt a process for approving
579	579	reciprocal agreements as required by Section 30A.1052, Education
580	580	Code, as added by this Act.
581	581	SECTION 35. This Act takes effect immediately if it
582	582	receives a vote of two-thirds of all the members elected to each
583	583	house, as provided by Section 39, Article III, Texas Constitution.
584	584	If this Act does not receive the vote necessary for immediate
585	585	effect, this Act takes effect September 1, 2013.
586	586	* * * * *