2015S0407-1 03/05/15
By: Guillen H.B. No. 3331
A BILL TO BE ENTITLED
AN ACT
relating to the state virtual school network, including student
eligibility, course provider eligibility, and funding for certain
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.0031(c), Education Code, is amended
to read as follows:
(c) A school district or open-enrollment charter school may
deny a request to enroll a student in an electronic course if:
(1) a student attempts to enroll in a course load that
is inconsistent with the student's high school graduation plan or
requirements for college admission or earning an industry
certification; or
(2) the student requests permission to enroll in an
electronic course at a time that is not consistent with the
enrollment period established by the school district or
open-enrollment charter school providing the course[; or
[(3) the district or school offers a substantially
similar course].
SECTION 2. Sections 30A.002(a) and (c), Education Code, are
amended to read as follows:
(a) A student is eligible to enroll in one or more courses [a
course] provided through the state virtual school network [only if
the student:
[(1) on September 1 of the school year:
[(A) is younger than 21 years of age; or
[(B) is younger than 26 years of age and entitled
to the benefits of the Foundation School Program under Section
42.003;
[(2) has not graduated from high school; and
[(3) is otherwise eligible to enroll in a public
school in this state].
(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 public [high] school in
this state; and
(3) does not reside in this state due to a military
deployment or transfer.
SECTION 3. Section 30A.101, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) A school district or open-enrollment charter school is
eligible to act as a course provider under this chapter only if the
district or school is not rated unacceptable [acceptable] under
Section 39.054. [An open-enrollment charter school may serve as a
course provider only:
[(1) to a student within its service area; 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 Juvenile Justice Department, or the Texas Department of
Criminal Justice, through an agreement with the applicable agency.]
(c) A nonprofit entity, private entity, or corporation is
eligible to act as a course provider under this chapter only if the
nonprofit entity, private entity, or corporation:
(1) complies with all applicable federal and state
laws prohibiting discrimination;
(2) demonstrates financial solvency; and
(3) either:
(A) provides evidence of prior successful
experience offering online courses to middle or high school
students, with demonstrated student success in course completion
and performance, as determined by the commissioner; or
(B) provides evidence that it is capable of
carrying out the responsibilities of a course provider and is
likely to provide high quality courses, as determined by the
commissioner.
(e) The commissioner shall ensure that a course provider
does not continue to offer electronic courses through the state
virtual school network if:
(1) the course provider no longer satisfies
eligibility requirements under Subsection (a) or (c); or
(2) the course provider consistently produces poor
student performance outcomes, as determined by the commissioner.
SECTION 4. Section 30A.105(b), Education Code, is amended
to read as follows:
(b) The administering authority shall establish the cost of
providing each [an] electronic course approved under Subsection
(a)[, which may not exceed $400 per student per course or $4,800 per
full-time student].
SECTION 5. Sections 30A.153(a) and (b), Education Code, are
amended to read as follows:
(a) A [Subject to the limitation imposed under Subsection
(a-1), a] school district or open-enrollment charter school in
which a student is enrolled is entitled to funding under Chapter 42
or in accordance with the terms of a charter granted under Section
12.101 for the student's enrollment in an electronic course offered
through the state virtual school network in the same manner that the
district or school is entitled to funding for the student's
enrollment in courses provided in a traditional classroom setting,
provided that the student successfully completes the electronic
course.
(b) The commissioner, after considering comments from
school district and open-enrollment charter school
representatives, shall adopt a standard agreement that governs the
costs, payment of funds, and other matters relating to a student's
enrollment in an electronic course offered through the state
virtual school network. The agreement may not require a school
district or open-enrollment charter school to pay the provider the
full amount until the student has successfully completed the
electronic course[, and the full amount may not exceed the limits
specified by Section 30A.105(b)].
SECTION 6. Sections 30A.155(a) and (c), Education Code, are
amended to read as follows:
(a) A 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 with a course
load greater than that normally taken by students in the equivalent
grade level in other school districts or open-enrollment charter
schools[; or
[(2) elects to enroll in an electronic course provided
through the network for which the school district or
open-enrollment charter school in which the student is enrolled as
a full-time student declines to pay the cost, as authorized by
Section 26.0031(c-1)].
(c) The amount of a fee charged a student under Subsection
(a), (a-1), or (b) for each electronic course in which the student
enrolls through the state virtual school network may not exceed
[the lesser of:
[(1)] the cost of providing the course as established
by the administering authority under Section 30A.105[; or
[(2) $400].
SECTION 7. The following sections of the Education Code are
repealed:
(1) Section 26.0031(c-1); and
(2) Section 30A.153(a-1).
SECTION 8. This Act applies beginning with the 2015-2016
school year.
SECTION 9. 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, 2015.