1 | 1 | | 2015S0407-1 03/05/15 |
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2 | 2 | | By: Guillen H.B. No. 3331 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the state virtual school network, including student |
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8 | 8 | | eligibility, course provider eligibility, and funding for certain |
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9 | 9 | | providers. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 26.0031(c), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (c) A school district or open-enrollment charter school may |
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14 | 14 | | deny a request to enroll a student in an electronic course if: |
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15 | 15 | | (1) a student attempts to enroll in a course load that |
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16 | 16 | | is inconsistent with the student's high school graduation plan or |
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17 | 17 | | requirements for college admission or earning an industry |
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18 | 18 | | certification; or |
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19 | 19 | | (2) the student requests permission to enroll in an |
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20 | 20 | | electronic course at a time that is not consistent with the |
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21 | 21 | | enrollment period established by the school district or |
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22 | 22 | | open-enrollment charter school providing the course[; or |
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23 | 23 | | [(3) the district or school offers a substantially |
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24 | 24 | | similar course]. |
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25 | 25 | | SECTION 2. Sections 30A.002(a) and (c), Education Code, are |
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26 | 26 | | amended to read as follows: |
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27 | 27 | | (a) A student is eligible to enroll in one or more courses [a |
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28 | 28 | | course] provided through the state virtual school network [only if |
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29 | 29 | | the student: |
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30 | 30 | | [(1) on September 1 of the school year: |
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31 | 31 | | [(A) is younger than 21 years of age; or |
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32 | 32 | | [(B) is younger than 26 years of age and entitled |
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33 | 33 | | to the benefits of the Foundation School Program under Section |
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34 | 34 | | 42.003; |
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35 | 35 | | [(2) has not graduated from high school; and |
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36 | 36 | | [(3) is otherwise eligible to enroll in a public |
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37 | 37 | | school in this state]. |
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38 | 38 | | (c) Notwithstanding Subsection [(a)(3) or] (b), a student |
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39 | 39 | | is eligible to enroll in one or more courses provided through the |
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40 | 40 | | state virtual school network or enroll full-time in courses |
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41 | 41 | | provided through the network if the student: |
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42 | 42 | | (1) is a dependent of a member of the United States |
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43 | 43 | | military; |
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44 | 44 | | (2) was previously enrolled in public [high] school in |
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45 | 45 | | this state; and |
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46 | 46 | | (3) does not reside in this state due to a military |
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47 | 47 | | deployment or transfer. |
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48 | 48 | | SECTION 3. Section 30A.101, Education Code, is amended by |
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49 | 49 | | amending Subsections (a) and (c) and adding Subsection (e) to read |
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50 | 50 | | as follows: |
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51 | 51 | | (a) A school district or open-enrollment charter school is |
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52 | 52 | | eligible to act as a course provider under this chapter only if the |
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53 | 53 | | district or school is not rated unacceptable [acceptable] under |
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54 | 54 | | Section 39.054. [An open-enrollment charter school may serve as a |
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55 | 55 | | course provider only: |
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56 | 56 | | [(1) to a student within its service area; or |
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57 | 57 | | [(2) to another student in the state: |
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58 | 58 | | [(A) through an agreement with the school |
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59 | 59 | | district in which the student resides; or |
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60 | 60 | | [(B) if the student receives educational |
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61 | 61 | | services under the supervision of a juvenile probation department, |
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62 | 62 | | the Texas Juvenile Justice Department, or the Texas Department of |
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63 | 63 | | Criminal Justice, through an agreement with the applicable agency.] |
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64 | 64 | | (c) A nonprofit entity, private entity, or corporation is |
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65 | 65 | | eligible to act as a course provider under this chapter only if the |
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66 | 66 | | nonprofit entity, private entity, or corporation: |
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67 | 67 | | (1) complies with all applicable federal and state |
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68 | 68 | | laws prohibiting discrimination; |
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69 | 69 | | (2) demonstrates financial solvency; and |
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70 | 70 | | (3) either: |
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71 | 71 | | (A) provides evidence of prior successful |
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72 | 72 | | experience offering online courses to middle or high school |
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73 | 73 | | students, with demonstrated student success in course completion |
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74 | 74 | | and performance, as determined by the commissioner; or |
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75 | 75 | | (B) provides evidence that it is capable of |
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76 | 76 | | carrying out the responsibilities of a course provider and is |
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77 | 77 | | likely to provide high quality courses, as determined by the |
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78 | 78 | | commissioner. |
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79 | 79 | | (e) The commissioner shall ensure that a course provider |
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80 | 80 | | does not continue to offer electronic courses through the state |
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81 | 81 | | virtual school network if: |
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82 | 82 | | (1) the course provider no longer satisfies |
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83 | 83 | | eligibility requirements under Subsection (a) or (c); or |
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84 | 84 | | (2) the course provider consistently produces poor |
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85 | 85 | | student performance outcomes, as determined by the commissioner. |
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86 | 86 | | SECTION 4. Section 30A.105(b), Education Code, is amended |
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87 | 87 | | to read as follows: |
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88 | 88 | | (b) The administering authority shall establish the cost of |
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89 | 89 | | providing each [an] electronic course approved under Subsection |
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90 | 90 | | (a)[, which may not exceed $400 per student per course or $4,800 per |
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91 | 91 | | full-time student]. |
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92 | 92 | | SECTION 5. Sections 30A.153(a) and (b), Education Code, are |
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93 | 93 | | amended to read as follows: |
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94 | 94 | | (a) A [Subject to the limitation imposed under Subsection |
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95 | 95 | | (a-1), a] school district or open-enrollment charter school in |
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96 | 96 | | which a student is enrolled is entitled to funding under Chapter 42 |
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97 | 97 | | or in accordance with the terms of a charter granted under Section |
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98 | 98 | | 12.101 for the student's enrollment in an electronic course offered |
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99 | 99 | | through the state virtual school network in the same manner that the |
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100 | 100 | | district or school is entitled to funding for the student's |
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101 | 101 | | enrollment in courses provided in a traditional classroom setting, |
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102 | 102 | | provided that the student successfully completes the electronic |
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103 | 103 | | course. |
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104 | 104 | | (b) The commissioner, after considering comments from |
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105 | 105 | | school district and open-enrollment charter school |
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106 | 106 | | representatives, shall adopt a standard agreement that governs the |
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107 | 107 | | costs, payment of funds, and other matters relating to a student's |
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108 | 108 | | enrollment in an electronic course offered through the state |
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109 | 109 | | virtual school network. The agreement may not require a school |
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110 | 110 | | district or open-enrollment charter school to pay the provider the |
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111 | 111 | | full amount until the student has successfully completed the |
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112 | 112 | | electronic course[, and the full amount may not exceed the limits |
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113 | 113 | | specified by Section 30A.105(b)]. |
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114 | 114 | | SECTION 6. Sections 30A.155(a) and (c), Education Code, are |
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115 | 115 | | amended to read as follows: |
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116 | 116 | | (a) A school district or open-enrollment charter school may |
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117 | 117 | | charge a fee for enrollment in an electronic course provided |
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118 | 118 | | through the state virtual school network to a student who resides in |
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119 | 119 | | this state and[: |
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120 | 120 | | [(1)] is enrolled in a school district or |
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121 | 121 | | open-enrollment charter school as a full-time student with a course |
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122 | 122 | | load greater than that normally taken by students in the equivalent |
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123 | 123 | | grade level in other school districts or open-enrollment charter |
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124 | 124 | | schools[; or |
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125 | 125 | | [(2) elects to enroll in an electronic course provided |
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126 | 126 | | through the network for which the school district or |
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127 | 127 | | open-enrollment charter school in which the student is enrolled as |
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128 | 128 | | a full-time student declines to pay the cost, as authorized by |
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129 | 129 | | Section 26.0031(c-1)]. |
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130 | 130 | | (c) The amount of a fee charged a student under Subsection |
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131 | 131 | | (a), (a-1), or (b) for each electronic course in which the student |
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132 | 132 | | enrolls through the state virtual school network may not exceed |
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133 | 133 | | [the lesser of: |
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134 | 134 | | [(1)] the cost of providing the course as established |
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135 | 135 | | by the administering authority under Section 30A.105[; or |
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136 | 136 | | [(2) $400]. |
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137 | 137 | | SECTION 7. The following sections of the Education Code are |
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138 | 138 | | repealed: |
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139 | 139 | | (1) Section 26.0031(c-1); and |
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140 | 140 | | (2) Section 30A.153(a-1). |
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141 | 141 | | SECTION 8. This Act applies beginning with the 2015-2016 |
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142 | 142 | | school year. |
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143 | 143 | | SECTION 9. This Act takes effect immediately if it receives |
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144 | 144 | | a vote of two-thirds of all the members elected to each house, as |
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145 | 145 | | provided by Section 39, Article III, Texas Constitution. If this |
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146 | 146 | | Act does not receive the vote necessary for immediate effect, this |
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147 | 147 | | Act takes effect September 1, 2015. |
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