Texas 2019 - 86th Regular

Texas Senate Bill SB1045 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 1045
	2	+	(In the Senate - Filed February 22, 2019; March 7, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	April 29, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 29, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1045 By: Hughes
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to academic accountability ratings for certain school
7	14		districts, open-enrollment charter schools, and contracted
8	15		entities that offer full-time online programs through the state
9	16		virtual school network.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Subchapter C, Chapter 30A, Education Code, is
12	19		amended by adding Sections 30A.1011, 30A.1012, and 30A.1013 to read
13	20		as follows:
14	21		Sec. 30A.1011. AUTHORITY TO OPERATE FULL-TIME ONLINE
15	22		PROGRAM. (a) A school district or open-enrollment charter school
16	23		may not operate more than one full-time online program under this
17	24		chapter.
18	25		(b) The provisions of this section may not be waived by the
19	26		commissioner.
20	27		Sec. 30A.1012. CONTRACTING FOR FULL-TIME ONLINE PROGRAM.
21	28		(a) A school district or open-enrollment charter school that
22	29		contracts with an entity to operate a full-time online program for
23	30		the district or school shall report to the agency:
24	31		(1) the identity of the contracted entity each year
25	32		the contracted entity operates the full-time online program; and
26	33		(2) information required to be reported under Section
27	34		42.006 regarding staff and finances as if the full-time online
28	35		program were a campus.
29	36		(b) A school district or open-enrollment charter school
30	37		shall revoke a contract with an entity to operate a full-time online
31	38		program for the district or school if the entity has received for
32	39		the three most recent school years a campus or district
33	40		accountability rating of D or F under Subchapter C, Chapter 39. A
34	41		school district or open-enrollment charter school shall include a
35	42		contract revocation provision in each contract entered into with an
36	43		entity to operate a full-time online program for the district or
37	44		school under this section.
38		-	(b-1) For purposes of Subsections (b) and (c), an
39		-	accountability rating for a school year before the 2018-2019 school
40		-	year may not be considered. This subsection expires September 1,
41		-	2021.
42	45		(c) The agency shall notify a school district or
43	46		open-enrollment charter school that the district or school is
44	47		subject to Subsection (b) if its full-time online program has
45	48		received for the three most recent school years accountability
46	49		ratings described by Subsection (b). Failure to receive notice
47	50		under this subsection does not affect the requirement imposed on
48	51		the district or school under Subsection (b).
49	52		(d) A school district or open-enrollment charter school may
50	53		not contract with an entity to operate a full-time online program
51	54		for the district or school if the contracted entity operated a
52	55		full-time online program for a district or school and the
53	56		contracting entity was subject to a contract revocation under
54	57		Subsection (b) within the preceding 10 years.
55	58		(e) The administering authority shall include a list of
56	59		entities subject to a contract revocation under Subsection (b) on
57	60		the state virtual school network Internet website.
58	61		(f) An entity under this section includes a corporate
59	62		affiliate or an entity that is substantially related to the entity.
60	63		(g) The provisions of this section may not be waived by the
61	64		commissioner.
62	65		Sec. 30A.1013. REVOCATION OF APPROVAL FOR FULL-TIME ONLINE
63	66		PROGRAM. If the commissioner revokes approval for a school
64	67		district or open-enrollment charter school to operate a full-time
65	68		online program under this chapter, the district or school may not
66	69		operate a full-time online program under this chapter during the
67	70		10-year period following the revocation.
68	71		SECTION 2. Section 30A.110, Education Code, is amended by
69	72		adding Subsections (d), (d-1), and (d-2) to read as follows:
70	73		(d) An entity that operates a full-time online program shall
71	74		receive an accountability rating under Chapter 39. An entity that
72	75		operates multiple full-time online programs shall receive an
73	76		accountability rating for:
74	77		(1) each full-time online program as if the program
75	78		were a campus; and
76	79		(2) the entity as if the entity were a school district
77	80		or open-enrollment charter school and each full-time online program
78	81		were a campus of the district or school.
79	82		(d-1) This subsection applies only to a school district or
80	83		open-enrollment charter school that provides instruction to
81	84		students while students are located on the physical premises of a
82	85		district or school campus and provides separate instruction to
83	86		students enrolled full-time in courses provided through a district
84	87		or school full-time online program. In determining the performance
85	88		ratings under Section 39.054 of a school district or
86	89		open-enrollment charter school subject to this subsection, the
87	90		commissioner shall evaluate the performance of students enrolled in
88	91		a district or school full-time online program separately from the
89	92		performance of other district or school students and assign:
90	93		(1) separate district or school overall and domain
91	94		performance ratings for the district's or school's full-time online
92		-	program; and
	95	+	program if the district or school operates multiple full-time
	96	+	online programs; and
93	97		(2) separate campus overall and domain performance
94	98		ratings for each full-time online program.
95	99		(d-2) Subsection (d-1) and this subsection expire September
96	100		1, 2021.
97		-	SECTION 3. This Act applies beginning with the 2019-2020
98		-	school year.
99		-	SECTION 4. The Texas Education Agency is required to
100		-	implement a provision of this Act only if the legislature
101		-	appropriates money specifically for that purpose. If the
102		-	legislature does not appropriate money specifically for that
103		-	purpose, the Texas Education Agency may, but is not required to,
104		-	implement a provision of this Act using other appropriations
105		-	available for that purpose.
	101	+	SECTION 3. Sections 30A.110(d-1) and (d-2), Education Code,
	102	+	as added by this Act, apply beginning with the 2019-2020 school
	103	+	year.
	104	+	SECTION 4. Sections 30A.1011, 30A.1012, 30A.1013, and
	105	+	30A.110(d), Education Code, as added by this Act, apply beginning
	106	+	with the 2020-2021 school year.
106	107		SECTION 5. This Act takes effect immediately if it receives
107	108		a vote of two-thirds of all the members elected to each house, as
108	109		provided by Section 39, Article III, Texas Constitution. If this
109	110		Act does not receive the vote necessary for immediate effect, this
110	111		Act takes effect September 1, 2019.
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