Texas 2015 - 84th Regular

Texas House Bill HB3331 Compare Versions

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11 2015S0407-1 03/05/15
22 By: Guillen H.B. No. 3331
33
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the state virtual school network, including student
88 eligibility, course provider eligibility, and funding for certain
99 providers.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 26.0031(c), Education Code, is amended
1212 to read as follows:
1313 (c) A school district or open-enrollment charter school may
1414 deny a request to enroll a student in an electronic course if:
1515 (1) a student attempts to enroll in a course load that
1616 is inconsistent with the student's high school graduation plan or
1717 requirements for college admission or earning an industry
1818 certification; or
1919 (2) the student requests permission to enroll in an
2020 electronic course at a time that is not consistent with the
2121 enrollment period established by the school district or
2222 open-enrollment charter school providing the course[; or
2323 [(3) the district or school offers a substantially
2424 similar course].
2525 SECTION 2. Sections 30A.002(a) and (c), Education Code, are
2626 amended to read as follows:
2727 (a) A student is eligible to enroll in one or more courses [a
2828 course] provided through the state virtual school network [only if
2929 the student:
3030 [(1) on September 1 of the school year:
3131 [(A) is younger than 21 years of age; or
3232 [(B) is younger than 26 years of age and entitled
3333 to the benefits of the Foundation School Program under Section
3434 42.003;
3535 [(2) has not graduated from high school; and
3636 [(3) is otherwise eligible to enroll in a public
3737 school in this state].
3838 (c) Notwithstanding Subsection [(a)(3) or] (b), a student
3939 is eligible to enroll in one or more courses provided through the
4040 state virtual school network or enroll full-time in courses
4141 provided through the network if the student:
4242 (1) is a dependent of a member of the United States
4343 military;
4444 (2) was previously enrolled in public [high] school in
4545 this state; and
4646 (3) does not reside in this state due to a military
4747 deployment or transfer.
4848 SECTION 3. Section 30A.101, Education Code, is amended by
4949 amending Subsections (a) and (c) and adding Subsection (e) to read
5050 as follows:
5151 (a) A school district or open-enrollment charter school is
5252 eligible to act as a course provider under this chapter only if the
5353 district or school is not rated unacceptable [acceptable] under
5454 Section 39.054. [An open-enrollment charter school may serve as a
5555 course provider only:
5656 [(1) to a student within its service area; or
5757 [(2) to another student in the state:
5858 [(A) through an agreement with the school
5959 district in which the student resides; or
6060 [(B) if the student receives educational
6161 services under the supervision of a juvenile probation department,
6262 the Texas Juvenile Justice Department, or the Texas Department of
6363 Criminal Justice, through an agreement with the applicable agency.]
6464 (c) A nonprofit entity, private entity, or corporation is
6565 eligible to act as a course provider under this chapter only if the
6666 nonprofit entity, private entity, or corporation:
6767 (1) complies with all applicable federal and state
6868 laws prohibiting discrimination;
6969 (2) demonstrates financial solvency; and
7070 (3) either:
7171 (A) provides evidence of prior successful
7272 experience offering online courses to middle or high school
7373 students, with demonstrated student success in course completion
7474 and performance, as determined by the commissioner; or
7575 (B) provides evidence that it is capable of
7676 carrying out the responsibilities of a course provider and is
7777 likely to provide high quality courses, as determined by the
7878 commissioner.
7979 (e) The commissioner shall ensure that a course provider
8080 does not continue to offer electronic courses through the state
8181 virtual school network if:
8282 (1) the course provider no longer satisfies
8383 eligibility requirements under Subsection (a) or (c); or
8484 (2) the course provider consistently produces poor
8585 student performance outcomes, as determined by the commissioner.
8686 SECTION 4. Section 30A.105(b), Education Code, is amended
8787 to read as follows:
8888 (b) The administering authority shall establish the cost of
8989 providing each [an] electronic course approved under Subsection
9090 (a)[, which may not exceed $400 per student per course or $4,800 per
9191 full-time student].
9292 SECTION 5. Sections 30A.153(a) and (b), Education Code, are
9393 amended to read as follows:
9494 (a) A [Subject to the limitation imposed under Subsection
9595 (a-1), a] school district or open-enrollment charter school in
9696 which a student is enrolled is entitled to funding under Chapter 42
9797 or in accordance with the terms of a charter granted under Section
9898 12.101 for the student's enrollment in an electronic course offered
9999 through the state virtual school network in the same manner that the
100100 district or school is entitled to funding for the student's
101101 enrollment in courses provided in a traditional classroom setting,
102102 provided that the student successfully completes the electronic
103103 course.
104104 (b) The commissioner, after considering comments from
105105 school district and open-enrollment charter school
106106 representatives, shall adopt a standard agreement that governs the
107107 costs, payment of funds, and other matters relating to a student's
108108 enrollment in an electronic course offered through the state
109109 virtual school network. The agreement may not require a school
110110 district or open-enrollment charter school to pay the provider the
111111 full amount until the student has successfully completed the
112112 electronic course[, and the full amount may not exceed the limits
113113 specified by Section 30A.105(b)].
114114 SECTION 6. Sections 30A.155(a) and (c), Education Code, are
115115 amended to read as follows:
116116 (a) A school district or open-enrollment charter school may
117117 charge a fee for enrollment in an electronic course provided
118118 through the state virtual school network to a student who resides in
119119 this state and[:
120120 [(1)] is enrolled in a school district or
121121 open-enrollment charter school as a full-time student with a course
122122 load greater than that normally taken by students in the equivalent
123123 grade level in other school districts or open-enrollment charter
124124 schools[; or
125125 [(2) elects to enroll in an electronic course provided
126126 through the network for which the school district or
127127 open-enrollment charter school in which the student is enrolled as
128128 a full-time student declines to pay the cost, as authorized by
129129 Section 26.0031(c-1)].
130130 (c) The amount of a fee charged a student under Subsection
131131 (a), (a-1), or (b) for each electronic course in which the student
132132 enrolls through the state virtual school network may not exceed
133133 [the lesser of:
134134 [(1)] the cost of providing the course as established
135135 by the administering authority under Section 30A.105[; or
136136 [(2) $400].
137137 SECTION 7. The following sections of the Education Code are
138138 repealed:
139139 (1) Section 26.0031(c-1); and
140140 (2) Section 30A.153(a-1).
141141 SECTION 8. This Act applies beginning with the 2015-2016
142142 school year.
143143 SECTION 9. This Act takes effect immediately if it receives
144144 a vote of two-thirds of all the members elected to each house, as
145145 provided by Section 39, Article III, Texas Constitution. If this
146146 Act does not receive the vote necessary for immediate effect, this
147147 Act takes effect September 1, 2015.