86R7379 MP-F
By: Taylor S.B. No. 1455
A BILL TO BE ENTITLED
AN ACT
relating to the state virtual school network; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.001(b), Education Code, is amended to
read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [30A],
this code does not apply to students, facilities, or programs under
the jurisdiction of the Department of Aging and Disability
Services, the Department of State Health Services, the Health and
Human Services Commission, the Texas Juvenile Justice Department,
the Texas Department of Criminal Justice, a Job Corps program
operated by or under contract with the United States Department of
Labor, or any juvenile probation agency.
SECTION 2. Section 7.0561(f), Education Code, is amended to
read as follows:
(f) In consultation with interested school districts,
open-enrollment charter schools, and other appropriate interested
persons, the commissioner shall adopt rules applicable to the
consortium, according to the following principles for a next
generation of higher performing public schools:
(1) engagement of students in digital learning,
including engagement through the use of electronic textbooks and
instructional materials adopted under Subchapters B and B-1,
Chapter 31, and courses offered through the state virtual school
network under Chapter 30B [Subchapter 30A];
(2) emphasis on learning standards that focus on
high-priority standards identified in coordination with districts
and charter schools participating in the consortium;
(3) use of multiple assessments of learning capable of
being used to inform students, parents, districts, and charter
schools on an ongoing basis concerning the extent to which learning
is occurring and the actions consortium participants are taking to
improve learning; and
(4) reliance on local control that enables communities
and parents to be involved in the important decisions regarding the
education of their children.
SECTION 3. Section 12.101(a), Education Code, is amended to
read as follows:
(a) In accordance with this subchapter, the commissioner
may grant a charter on the application of an eligible entity for an
open-enrollment charter school to operate in a facility of a
commercial or nonprofit entity, an eligible entity, or a school
district, including a home-rule school district. In this
subsection, "eligible entity" means:
(1) an institution of higher education as defined
under Section 61.003;
(2) a private or independent institution of higher
education as defined under Section 61.003;
(3) an organization that is exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)); [or]
(4) a governmental entity; or
(5) a private entity or corporation for the purposes
of operating a full-time virtual school.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1016 to read as follows:
Sec. 12.1016. CHARTER AUTHORIZATION FOR FULL-TIME VIRTUAL
SCHOOL. (a) Except as provided by Subsection (b), the commissioner
may grant under Section 12.101 a charter on the application of a
private entity or corporation to provide a full-time virtual
school.
(b) The commissioner may not grant a charter as authorized
under this section to a private entity or corporation that has been
subject to a contract revocation under Section 30B.210.
(c) A charter granted under this section may not provide for
operating a school in any manner other than a full-time virtual
school.
(d) In granting a charter under this section, the
commissioner may modify any provision of this subchapter to:
(1) accommodate lack of geographical placement; and
(2) impose additional requirements to ensure
accountability, access to information, and security of funding.
SECTION 5. Section 25.007(b), Education Code, is amended to
read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, electronic
courses provided under Chapter 30B [30A], and after-school tutoring
programs at nominal or no cost;
(6) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(7) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(8) encouraging school districts and open-enrollment
charter schools to provide services for a student who is homeless or
in substitute care in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study;
(9) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021; and
(G) use of corporal punishment as provided by
Section 37.0011;
(11) developing procedures for allowing a student who
is homeless or in substitute care who was previously enrolled in a
course required for graduation the opportunity, to the extent
practicable, to complete the course, at no cost to the student,
before the beginning of the next school year;
(12) ensuring that a student who is homeless or in
substitute care who is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district, has the student's course
credit accrual and personal graduation plan reviewed;
(13) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
(14) designating at least one agency employee to act
as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(15) providing other assistance as identified by the
agency.
SECTION 6. Section 26.0031, Education Code, is amended to
read as follows:
Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL
NETWORK STATEWIDE COURSE CATALOG. (a) At the time and in the
manner that a school district or open-enrollment charter school
informs students and parents about courses that are offered in the
district's or school's traditional classroom setting, the district
or school shall notify parents and students of the option to enroll
in an electronic course offered through the state virtual school
network statewide course catalog under Chapter 30B [30A].
(b) Except as provided by Subsection (c), a school district
or open-enrollment charter school in which a student is enrolled as
a full-time student may not deny the request of a parent of a
student to enroll the student in an electronic course offered
through the state virtual school network statewide course catalog
under Chapter 30B [30A].
(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].
[(c-1) A school district or open-enrollment charter school
may decline to pay the cost for a student of more than three
yearlong electronic courses, or the equivalent, during any school
year. This subsection does not:
[(1) limit the ability of the student to enroll in
additional electronic courses at the student's cost; or
[(2) apply to a student enrolled in a full-time online
program that was operating on January 1, 2013.]
(d) Notwithstanding Subsection (c)(2), a school district or
open-enrollment charter school that provides an electronic course
through the state virtual school network statewide course catalog
under Chapter 30B [30A] shall make all reasonable efforts to
accommodate the enrollment of a student in the course under special
circumstances.
(e) A parent may appeal to the commissioner a school
district's or open-enrollment charter school's decision to deny a
request to enroll a student in an electronic course offered through
the state virtual school network statewide course catalog. The
commissioner's decision under this subsection is final and may not
be appealed.
(f) A school district or open-enrollment charter school
from which a parent of a student requests permission to enroll the
student in an electronic course offered through the state virtual
school network statewide course catalog under Chapter 30B [30A] has
discretion to select a course provider approved by the network's
administering authority for the course in which the student will
enroll based on factors including the informed choice report in
Section 30B.112(b) [30A.108(b)].
SECTION 7. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 30B, and a heading is added to that chapter to
read as follows:
CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG
AND FULL-TIME VIRTUAL SCHOOLS
SECTION 8. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 9. Section 30A.001, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.001, Education Code, and amended to
read as follows:
Sec. 30B.001 [30A.001]. DEFINITIONS. In this chapter:
(1) "Administering authority" means the Texas
Education Agency [entity designated under Section 30A.053 to
administer the state virtual school network].
(2) "Board" means the State Board of Education.
(3) "Course" means a course of study that meets the
requirements of Section 30B.105 [30A.104].
(4) "Electronic course" means a course in which:
(A) instruction and content are delivered
primarily over the Internet;
(B) a student and teacher are in different
locations for a majority of the student's instructional period;
(C) most instructional activities take place in
an online environment;
(D) the online instructional activities are
integral to the academic program;
(E) extensive communication between a student
and a teacher and among students is emphasized; and
(F) a student is not required to be located on the
physical premises of a school district or open-enrollment charter
school.
(5) ["Electronic diagnostic assessment" means a
formative or instructional assessment used in conjunction with an
electronic course to ensure that:
[(A) a teacher of an electronic course has
information related to a student's academic performance in that
course; and
[(B) a student enrolled in an electronic course
makes documented progress in mastering the content of the course.
[(6)] "Electronic professional development course"
means a professional development course in which instruction and
content are delivered primarily over the Internet.
(6) "Full-time virtual school" means a campus
authorized by the commissioner to provide a full-time virtual
school program to students enrolled in that district or school.
(7) "Course provider" means:
(A) a school district or open-enrollment charter
school that provides an electronic course through the statewide
course catalog [state virtual school network] to:
(i) students enrolled in that district or
school; or
(ii) students enrolled in another school
district or school;
(B) a public or private institution of higher
education, nonprofit entity, or private entity that provides a
course through the statewide course catalog [state virtual school
network]; or
(C) an entity that provides an electronic
professional development course through the state virtual school
network.
(8) "Public or private institution of higher
education" means a private or independent institution of higher
education as defined by Section 61.003 [an institution of higher
education, as defined by 20 U.S.C. Section 1001].
(9) "Statewide course catalog" means a program of
supplemental courses offered by state-approved course providers
that is delivered through the state virtual school network.
SECTION 10. Section 30A.002, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.002, Education Code, and amended to
read as follows:
Sec. 30B.002 [30A.002]. STUDENT ELIGIBILITY. [(a)] A
student is eligible to enroll in a course provided through the
statewide course catalog or in a full-time [state] virtual school
[network] only if [the student]:
(1) the student [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; or
(2) the student does not qualify under Subdivision
(1), including a student who is an adult or who resides in another
state or country, and the student pays fees in accordance with this
subchapter.
[(b) A student is eligible to enroll full-time in courses
provided through the state virtual school network only if the
student:
[(1) was enrolled in a public school in this state in
the preceding school year;
[(2) is a dependent of a member of the United States
military who has been deployed or transferred to this state and was
enrolled in a publicly funded school outside of this state in the
preceding school year; or
[(3) has been placed in substitute care in this state,
regardless of whether the student was enrolled in a public school in
this state in the preceding school year.
[(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 high school in this
state; and
[(3) does not reside in this state due to a military
deployment or transfer.]
SECTION 11. Section 30A.003, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.003, Education Code, and amended to
read as follows:
Sec. 30B.003 [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR
INTERNET SERVICE. This chapter does not:
(1) require a school district, an open-enrollment
charter school, a course provider, a full-time virtual school, or
the state to provide a student with home computer equipment or
Internet access for a course provided through the state virtual
school network; or
(2) prohibit a school district or open-enrollment
charter school from providing a student with home computer
equipment or Internet access for a course provided through the
state virtual school network.
SECTION 12. Section 30A.004, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.004, Education Code, and amended to
read as follows:
Sec. 30B.004 [30A.004]. APPLICABILITY OF CHAPTER. (a)
Except as provided by Subsection (c), this chapter does not affect
the provision of a course to a student while the student is located
on the physical premises of a school district or open-enrollment
charter school.
(b) [This chapter does not affect the provision of distance
learning courses offered under other law.
[(b-1)] Requirements imposed by or under this chapter do not
apply to a virtual course provided by a school district only to
district students if the course is not provided as part of the state
virtual school network.
(c) A school district or open-enrollment charter school may
choose to participate in providing an electronic course or an
electronic diagnostic assessment under this chapter to a student
who is located on the physical premises of a school district or
open-enrollment charter school.
SECTION 13. Section 30A.005, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
and redesignated as Section 30B.005, Education Code, to read as
follows:
Sec. 30B.005 [30A.005]. TELECOMMUNICATIONS OR INFORMATION
SERVICES NETWORK NOT CREATED. This chapter does not create or
authorize the creation of a telecommunications or information
services network.
SECTION 14. Section 30A.007, Education Code, is transferred
to Subchapter A, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.006, Education Code, and amended to
read as follows:
Sec. 30B.006 [30A.007]. LOCAL POLICY ON ELECTRONIC
COURSES. (a) A school district or open-enrollment charter school
shall adopt a written policy that provides district or school
students with the opportunity to enroll in electronic courses
provided through the statewide course catalog [state virtual school
network]. The policy must be consistent with the requirements
imposed by Section 26.0031.
(b) [(a-1)] A school district or open-enrollment charter
school shall, at least once per school year, send to a parent of
each district or school student enrolled at the middle or high
school level a copy of the policy adopted under Subsection (a). A
district or school may send the policy with any other information
that the district or school sends to a parent.
(c) [(b)] For purposes of a policy adopted under Subsection
(a), the determination of whether or not an electronic course will
meet the needs of a student with a disability shall be made by the
student's admission, review, and dismissal committee in a manner
consistent with state and federal law, including the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
794).
SECTION 15. Subchapter A, Chapter 30B, Education Code, as
added by this Act, is amended by adding Section 30B.007 to read as
follows:
Sec. 30B.007. GRANTS AND FEDERAL FUNDS. (a) The
commissioner may solicit and accept a gift, grant, or donation from
any source for the implementation of the statewide course catalog
and full-time virtual schools.
(b) The commissioner may accept federal funds for purposes
of this chapter and shall use those funds in compliance with
applicable federal law, regulations, and guidelines.
SECTION 16. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
SECTION 17. Section 30A.051, Education Code, is transferred
to Subchapter B, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.051, Education Code, and amended to
read as follows:
Sec. 30B.051 [30A.051]. GOVERNANCE [OF NETWORK]. (a) The
commissioner shall:
(1) administer the state virtual school network
statewide course catalog and full-time virtual schools; and
(2) ensure:
(A) high-quality education for students in this
state who are being educated through electronic courses provided
through the statewide course catalog or a full-time virtual school
[state virtual school network]; and
(B) equitable access by students to those courses
and schools.
(b) The commissioner may adopt rules necessary to implement
this chapter.
[(c) To the extent practicable, the commissioner shall
solicit advice from school districts concerning:
[(1) administration of the state virtual school
network; and
[(2) adoption of rules under Subsection (b).]
SECTION 18. Section 30A.052, Education Code, is transferred
to Subchapter B, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.052, Education Code, and amended to
read as follows:
Sec. 30B.052 [30A.052]. GENERAL POWERS AND DUTIES OF
COMMISSIONER. (a) The commissioner shall prepare or provide for
preparation of a biennial budget request for the state virtual
school network statewide course catalog and full-time virtual
schools for presentation to the legislature.
(b) The commissioner has exclusive jurisdiction over the
assets of the network and shall administer and spend appropriations
made for the benefit of the network.
[(c) The commissioner shall employ a limited number of
administrative employees in connection with the network.]
SECTION 19. Section 30A.054, Education Code, is transferred
to Subchapter B, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.053, Education Code, and amended to
read as follows:
Sec. 30B.053 [30A.054]. STUDENT PERFORMANCE INFORMATION.
To the extent permitted under the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner
shall make information relating to the performance of students
enrolled in electronic courses through the statewide course catalog
or a full-time virtual school under this chapter available to
school districts, open-enrollment charter schools, and the public.
SECTION 20. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter C, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER C. STATEWIDE COURSE CATALOG
SECTION 21. Section 30A.101, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.101, Education Code, and amended to
read as follows:
Sec. 30B.101 [30A.101]. ELIGIBILITY TO ACT AS COURSE
PROVIDER. (a) A school district or open-enrollment charter school
is eligible to act as a course provider through the statewide course
catalog [under this chapter] only if the district or school
receives an overall performance rating of C or higher [is rated
acceptable] under Section 39.054.
(b) [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 public or private institution of higher education,
nonprofit entity, private entity, or corporation is eligible to act
as a course provider through the statewide course catalog [under
this chapter] only if the institution, [nonprofit] entity, [private
entity,] or corporation:
(1) complies with all applicable federal and state
laws prohibiting discrimination;
(2) demonstrates financial solvency; [and]
(3) 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; and
(4) complies with any other criteria established by
the commissioner.
(c) The entity where the student is enrolled has sole
authority [(d) An entity other than a school district or
open-enrollment charter school is not authorized] to award course
credit or a diploma for courses taken through the statewide course
catalog [state virtual school network].
(d) This section may not be waived by the commissioner.
SECTION 22. Sections 30A.102, 30A.1021, 30A.103, 30A.104,
and 30A.1041, Education Code, are transferred to Subchapter C,
Chapter 30B, Education Code, as added by this Act, redesignated as
Sections 30B.102, 30B.103, 30B.104, 30B.105, and 30B.106,
Education Code, and amended to read as follows:
Sec. 30B.102 [30A.102]. LISTING OF ELECTRONIC COURSES.
(a) The administering authority shall:
(1) publish the criteria required by Section 30B.104
[30A.103] for electronic courses that may be offered through the
statewide course catalog [state virtual school network];
(2) using the criteria required by Section 30B.104
[30A.103], evaluate electronic courses submitted by a course
provider to be offered through the statewide course catalog
[network];
(3) create a list of electronic courses approved by
the administering authority; and
(4) publish in a prominent location on the state
virtual school network's Internet website the list of approved
electronic courses offered through the statewide course catalog
[network] and a detailed description of the courses that complies
with Section 30B.112 [30A.108].
(b) To ensure that a full range of electronic courses,
including advanced placement courses, are offered to students in
this state, the administering authority:
(1) shall create a list of those subjects and courses
designated by the board under Subchapter A, Chapter 28, for which
the board has identified essential knowledge and skills or for
which the board has designated content requirements under
Subchapter A, Chapter 28;
(2) shall enter into agreements with school districts,
open-enrollment charter schools, public or private institutions of
higher education, and other eligible entities for the purpose of
offering the courses through the statewide course catalog [state
virtual school network]; [and]
(3) may develop or authorize the development of
additional electronic courses that:
(A) are needed to complete high school graduation
requirements; and
(B) are not otherwise available through the
statewide course catalog; and
(4) may develop or authorize the development of an
orientation course [state virtual school network].
(c) The administering authority shall develop a
comprehensive course numbering system for all courses offered
through the statewide course catalog [state virtual school network]
to ensure, to the greatest extent possible, consistent numbering of
similar courses offered across all course providers.
Sec. 30B.103 [30A.1021]. PUBLIC ACCESS TO USER COMMENTS
REGARDING ELECTRONIC COURSES. (a) The administering authority
shall provide students who have completed or withdrawn from
electronic courses offered through the statewide course catalog
[virtual school network] and their parents with a mechanism for
providing comments regarding the courses.
(b) The mechanism required by Subsection (a) must include a
quantitative rating system and a list of verbal descriptors that a
student or parent may select as appropriate.
(c) The administering authority shall provide public access
to the comments submitted by students and parents under this
section. The comments must be in a format that permits a person to
sort the comments by teacher, electronic course, and course
provider.
Sec. 30B.104 [30A.103]. CRITERIA FOR ELECTRONIC COURSES.
(a) The commissioner [board] by rule shall establish an objective
standard criteria for an electronic course to ensure alignment with
the essential knowledge and skills requirements identified or
content requirements established under Subchapter A, Chapter 28.
The criteria may not permit the administering authority to prohibit
a course provider from applying for approval for an electronic
course for a course for which essential knowledge and skills have
been identified.
(b) The criteria must be consistent with Section 30B.105
[30A.104] and may not include any requirements that are
developmentally inappropriate for students.
(c) The commissioner by rule may:
(1) establish additional quality-related criteria for
electronic courses; and
(2) provide for a period of public comment regarding
the criteria.
(d) The criteria must be in place at least six months before
the administering authority uses the criteria in evaluating an
electronic course under Section 30B.107 [30A.105].
Sec. 30B.105 [30A.104]. COURSE ELIGIBILITY IN GENERAL.
(a) A course offered through the statewide course catalog [state
virtual school network] must:
(1) be in a specific subject that is part of the
required curriculum under Section 28.002(a);
(2) be aligned with the essential knowledge and skills
identified under Section 28.002(c) for the [a] grade level [at or
above grade level three]; and
(3) be the equivalent in instructional rigor and scope
to a course that is provided in a traditional classroom setting
during a semester of 90 instructional days.
(b) If the essential knowledge and skills with which an
approved course is aligned in accordance with Subsection (a)(2) are
modified, the course provider must be provided the same [time]
period to revise the course to achieve alignment with the modified
essential knowledge and skills as is provided for the modification
of a course provided in a traditional classroom setting.
Sec. 30B.106 [30A.1041]. DRIVER EDUCATION COURSES. (a) A
school district, open-enrollment charter school, public or private
institution of higher education, or other eligible entity may seek
approval to offer through the statewide course catalog [state
virtual school network] the classroom portion of a driver education
and traffic safety course that complies with the requirements for
the program developed under Section 29.902.
(b) A school district, open-enrollment charter school,
public or private institution of higher education, or other
eligible entity may not offer through the statewide course catalog
[state virtual school network] the laboratory portion of a driver
education and traffic safety course.
(c) A driver education and traffic safety course offered in
compliance with this section must be the equivalent in
instructional rigor and scope to a course that is provided in a
traditional classroom setting for a period of 56 hours.
SECTION 23. Section 30A.105, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.107, Education Code, and amended to
read as follows:
Sec. 30B.107 [30A.105]. APPROVAL OF ELECTRONIC COURSES.
(a) The administering authority shall:
(1) establish a submission and approval process for
electronic courses that occurs on a rolling basis; and
(2) provide for the evaluation of [evaluate]
electronic courses to be offered through the statewide course
catalog [state virtual school network].
(b) [(a-1)] The administering authority shall publish the
submission and approval process for electronic courses established
under Subsection (a)(1), including any deadlines and guidelines
applicable to the process.
(c) [(a-2)] The evaluation required by Subsection (a)(2)
must include review of each electronic course component, including
off-line material proposed to be used in the course.
(d) [(b)] The administering authority shall establish the
cost of providing an electronic course approved under Subsection
(a)[, which may not exceed $400 per student per course or $4,800 per
full-time student].
(e) The [(c) The agency shall pay the reasonable costs of
evaluating and approving electronic courses. If funds available
to the agency for that purpose are insufficient to pay the costs of
evaluating and approving all electronic courses submitted for
evaluation and approval, the agency shall give priority to paying
the costs of evaluating and approving the following courses:
[(1) courses that satisfy high school graduation
requirements;
[(2) courses that would likely benefit a student in
obtaining admission to a postsecondary institution;
[(3) courses, including dual credit courses, that
allow a student to earn college credit or other advanced credit;
[(4) courses in subject areas most likely to be highly
beneficial to students receiving educational services under the
supervision of a juvenile probation department, the Texas Juvenile
Justice Department, or the Texas Department of Criminal Justice;
and
[(5) courses in subject areas designated by the
commissioner as commonly experiencing a shortage of teachers.
[(d) If the agency determines that the costs of evaluating
and approving a submitted electronic course will not be paid by the
agency due to a shortage of funds available for that purpose, the]
school district, open-enrollment charter school, public or private
institution of higher education, or other eligible entity that
submits a [submitted the] course for evaluation and approval shall
[may] pay a fee equal to the amount of the costs of evaluating and
approving the course in order to ensure that evaluation of the
course occurs. The agency shall establish and publish a fee
schedule for purposes of this subsection.
(f) [(e)] The administering authority shall require a
course provider to apply for renewed approval of a previously
approved course in accordance with a schedule designed to coincide
with revisions to the required curriculum under Section 28.002(a)
but not later than the 10th anniversary of the previous approval.
SECTION 24. Section 30A.1051, Education Code, is
transferred to Subchapter C, Chapter 30B, Education Code, as added
by this Act, and redesignated as Section 30B.108, Education Code,
to read as follows:
Sec. 30B.108 [30A.1051]. ELECTRONIC COURSE PORTABILITY. A
student who transfers from one educational setting to another after
beginning enrollment in an electronic course is entitled to
continue enrollment in the course.
SECTION 25. Sections 30A.1052, 30A.106, 30A.107, 30A.108,
30A.109, 30A.110, and 30A.111, Education Code, are transferred to
Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Sections 30B.109, 30B.110, 30B.111, 30B.112,
30B.113, 30B.114, and 30B.115, Education Code, and amended to read
as follows:
Sec. 30B.109 [30A.1052]. INDUCEMENTS FOR ENROLLMENT
PROHIBITED. (a) A course provider may not promise or provide
equipment or any other thing of value to a student or a student's
parent as an inducement for the student to enroll in an electronic
course offered through the statewide course catalog [state virtual
school network].
(b) The commissioner shall revoke approval under this
chapter of electronic courses offered by a course provider that
violates this section.
(c) The commissioner's action under this section is final
and may not be appealed.
Sec. 30B.110 [30A.106]. APPEAL TO COMMISSIONER. (a) A
course provider may appeal to the commissioner the administering
authority's refusal to approve an electronic course under Section
30B.107 [30A.105].
(b) If the commissioner determines that the administering
authority's evaluation did not follow the criteria or was otherwise
irregular, the commissioner may overrule the administering
authority and place the course on a list of approved courses. The
commissioner's decision under this section is final and may not be
appealed.
Sec. 30B.111 [30A.107]. OPTIONS FOR PROVIDERS AND
STUDENTS. (a) A student who does not qualify under Section
30B.002(1) may take one or more electronic courses through the
statewide course catalog if the student pays the fees for the course
in accordance with Section 30B.123 [A course provider may offer
electronic courses to:
[(1) students and adults who reside in this state; and
[(2) students who reside outside this state and who
meet the eligibility requirements under Section 30A.002(c)].
(b) A student who is enrolled in a school district or
open-enrollment charter school in this state [as a full-time
student] may take one or more electronic courses through the state
virtual school network.
(c) A student who resides in this state but who is not
enrolled in a school district or open-enrollment charter school in
this state [as a full-time student] may, subject to Section 30B.123
[30A.155], enroll in electronic courses through the statewide
course catalog [state virtual school network]. A student to whom
this subsection applies:
(1) [may not in any semester enroll in more than two
electronic courses offered through the state virtual school
network;
[(2)] is not considered enrolled at the [to be a]
public school campus but shall be considered for purposes of:
(A) accountability in accordance with Section
30B.114; and
(B) state funding as provided by Section 30B.122
[student];
(2) [(3)] must obtain access to a course provided
through the statewide course catalog [network] through the school
district or open-enrollment charter school [attendance zone in
which the student resides];
(3) [(4)] is not entitled to enroll in a course
offered by a school district or open-enrollment charter school
other than an electronic course provided through the statewide
course catalog [network]; and
(4) [(5)] is not entitled to any right, privilege,
activities, or services available to a student enrolled in a public
school, other than the right to receive the appropriate unit of
credit for completing an electronic course.
(d) A school district or open-enrollment charter school may
not require a student to enroll in an electronic course.
(e) A school district or open-enrollment charter school
shall require students to take a student orientation course to
access the state virtual school network.
Sec. 30B.112 [30A.108]. INFORMED CHOICE REPORTS. (a) Not
later than a date determined by the commissioner, the administering
authority shall create and maintain on the state virtual school
network's Internet website an "informed choice" report as provided
by commissioner rule.
(b) Each report under this section must describe each
electronic course offered through the statewide course catalog
[state virtual school network] and include the following
information:
(1) course requirements;
(2) the school year calendar for the course, including
any options for continued participation outside of the standard
school year calendar;
(3) the entity that developed the course;
(4) the entity that provided the course;
(5) the course completion rate;
(6) aggregate student performance on an assessment
instrument administered under Section 39.023 to students enrolled
in the course;
(7) aggregate student performance on all assessment
instruments administered under Section 39.023 to students who
completed the course provider's courses; and
(8) other information determined by the commissioner.
Sec. 30B.113 [30A.109]. COMPULSORY ATTENDANCE. The
commissioner by rule shall adopt procedures for reporting and
verifying the attendance of a student enrolled in an electronic
course provided through the statewide course catalog [state virtual
school network]. The rules may modify the application of Sections
25.085, 25.086, and 25.087 for a student enrolled in an electronic
course but must require participation in an educational program
equivalent to the requirements prescribed by those sections.
Sec. 30B.114 [30A.110]. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to an electronic course
offered through the statewide course catalog [state virtual school
network] in the same manner that that chapter applies to any other
course offered by a school district or open-enrollment charter
school.
(b) The performance of a student described by Section
30B.111(c) shall be considered for purposes of accountability for a
school district or open-enrollment charter school if the student
takes more than three statewide course catalog courses through the
school district or open-enrollment charter school in a school year.
(c) Each student enrolled under this chapter in an
electronic course offered through the statewide course catalog
[state virtual school network] must take any assessment instrument
under Section 39.023 that is administered to students who are
provided instruction in the course material in the traditional
classroom setting. The administration of the assessment instrument
to the student enrolled in the electronic course must be supervised
by a proctor.
(d) [(c)] A school district or open-enrollment charter
school shall report to the commissioner through the Public
Education Information Management System (PEIMS) the results of
assessment instruments administered to students enrolled in an
electronic course offered through the statewide course catalog
[state virtual school network] separately from the results of
assessment instruments administered to other students.
Sec. 30B.115 [30A.111]. TEACHER AND INSTRUCTOR
QUALIFICATIONS. (a) Each teacher of an electronic course offered
by a school district or open-enrollment charter school through the
statewide course catalog [state virtual school network] must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30B.116(a)
[30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic
course offered through the state virtual school network.
(b) The commissioner by rule shall establish procedures for
verifying successful completion by a teacher of the appropriate
professional development course required by Subsection (a)(2).
(c) The commissioner by rule shall establish qualifications
and professional development requirements applicable to college
instructors providing instruction in dual credit courses through
the statewide course catalog [state virtual school network] that
allow a student to earn high school credit and college credit or
other credit.
SECTION 26. Section 30A.112, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
and redesignated as Section 30B.116, Education Code, to read as
follows:
Sec. 30B.116 [30A.112]. EDUCATOR PROFESSIONAL
DEVELOPMENT. (a) The state virtual school network shall provide or
authorize providers of electronic professional development courses
or programs to provide professional development for teachers who
are teaching electronic courses through the network.
(b) The state virtual school network may provide or
authorize providers of electronic professional development courses
to provide professional development for:
(1) teachers who are teaching subjects or grade levels
for which the teachers are not certified; or
(2) teachers who must become qualified under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.).
SECTION 27. Sections 30A.1121, 30A.113, 30A.114, and
30A.115, Education Code, are transferred to Subchapter C, Chapter
30B, Education Code, as added by this Act, redesignated as Sections
30B.117, 30B.118, 30B.119, and 30B.120, Education Code, and amended
to read as follows:
Sec. 30B.117 [30A.1121]. ALTERNATIVE EDUCATOR
PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), a course
provider may provide professional development courses to teachers
seeking to become authorized to teach electronic courses provided
through the statewide course catalog [state virtual school
network]. A course provider may provide a professional development
course that is approved under Subsection (b) to any interested
teacher, regardless of the teacher's employer.
(b) The agency shall review each professional development
course sought to be provided by a course provider under Subsection
(a) to determine if the course meets the quality standards
established under Section 30B.118 [30A.113]. If a course meets
those standards, the course provider may provide the course for
purposes of enabling a teacher to comply with Section 30B.115(a)(2)
[30A.111(a)(2)].
Sec. 30B.118 [30A.113]. CRITERIA FOR ELECTRONIC
PROFESSIONAL DEVELOPMENT COURSES. The commissioner by rule shall
establish objective standard criteria for quality of an electronic
professional development course provided under Section 30B.116
[30A.112].
Sec. 30B.119 [30A.114]. REGIONAL EDUCATION SERVICE
CENTERS. The commissioner by rule shall allow regional education
service centers to participate in the statewide course catalog
[state virtual school network] in the same manner as course
providers.
Sec. 30B.120 [30A.115]. ADDITIONAL RESOURCES. The
commissioner by rule may establish procedures for providing
additional resources, such as an online library, to students and
educators served through the statewide course catalog [state
virtual school network]. The administering authority may provide
the additional resources only if the commissioner receives an
appropriation, gift, or grant sufficient to pay the costs of
providing those resources.
SECTION 28. Section 30A.151, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.121, Education Code, and amended to
read as follows:
Sec. 30B.121 [30A.151]. COSTS TO BE BORNE BY STATE. (a)
Except as authorized by Sections 30B.007, 30B.107, [Section
30A.152] or this section, the state shall pay the cost of operating
the state virtual school network.
(b) Except as provided by Section 30B.107, the [The]
operating costs of the state virtual school network may not be
charged to a school district or open-enrollment charter school.
(c) The costs of providing electronic professional
development courses may be paid by state funds appropriated by the
legislature or federal funds that may be used for that purpose.
(d) [(e)] State funds provided in connection with the state
virtual school network may not be used in a manner that violates
Section 7, Article I, Texas Constitution.
[(f) For a full-time electronic course program offered
through the state virtual school network for a grade level at or
above grade level three but not above grade level eight, a school
district or open-enrollment charter school is entitled to receive
federal, state, and local funding for a student enrolled in the
program in an amount equal to the funding the district or school
would otherwise receive for a student enrolled in the district or
school. The district or school may calculate the average daily
attendance of a student enrolled in the program based on:
[(1) hours of contact with the student;
[(2) the student's successful completion of a course;
or
[(3) a method approved by the commissioner.]
SECTION 29. Section 30A.153, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.122, Education Code, and amended to
read as follows:
Sec. 30B.122 [30A.153]. FOUNDATION SCHOOL PROGRAM FUNDING.
(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 statewide course catalog [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) For purposes of funding to a school district or
open-enrollment charter school that provides access to an
electronic course provided to a student described by Section
30B.111(c) who would be entitled to the benefits of the Foundation
School Program under Section 42.003 if enrolled in a school
district, the agency shall aggregate up to three courses offered
during the year to such students at the district or school and
divide by five to establish the number of possible students in
average daily attendance, rounding up to the half-day average daily
attendance.
[(a-1) For purposes of Subsection (a), a school district or
open-enrollment charter school is limited to the funding described
by that subsection for a student's enrollment in not more than three
electronic courses during any school year, unless the student is
enrolled in a full-time online program that was operating on
January 1, 2013.]
(c) [(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 statewide
course catalog [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)].
(d) [(c)] A school district or open-enrollment charter
school shall use the standard agreement adopted under Subsection
(c) [(b)] unless:
(1) the district or school requests from the
commissioner permission to modify the standard agreement; and
(2) the commissioner authorizes the modification.
(e) [(d)] The commissioner shall adopt rules necessary to
implement this section, including rules regarding attendance
accounting.
SECTION 30. Section 30A.155, Education Code, is transferred
to Subchapter C, Chapter 30B, Education Code, as added by this Act,
redesignated as Section 30B.123, Education Code, and amended to
read as follows:
Sec. 30B.123 [30A.155]. FEES. (a) A school district or
open-enrollment charter school may charge a fee for enrollment in
an electronic course provided through the statewide course catalog
[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)].
(b) [(a-1)] A school district or open-enrollment charter
school may charge a fee for enrollment in an electronic course
provided through the statewide course catalog [state virtual school
network] during the summer.
(c) [(b)] A school district or open-enrollment charter
school shall charge a fee for enrollment in an electronic course
provided through the statewide course catalog [state virtual school
network] to a student who does not satisfy the criteria of Section
30B.002(1) [who resides in this state and is not enrolled in a
school district or open-enrollment charter school as a full-time
student].
(d) [(c)] The amount of a fee charged a student under
Subsection (a), [(a-1), or] (b), or (c) for each electronic course
in which the student enrolls through the statewide course catalog
[state virtual school network] may not exceed the lesser of:
(1) the cost of providing the course; or
(2) an amount set by the commissioner [$400].
(e) [(c-1)] A school district or open-enrollment charter
school that is not the course provider may charge a student enrolled
in the district or school a nominal fee, not to exceed the amount
specified by the commissioner, if the student enrolls in an
electronic course provided through the statewide course catalog
[state virtual school network] that exceeds the course load
normally taken by students in the equivalent grade level. A
juvenile probation department or state agency may charge a
comparable fee to a student under the supervision of the department
or agency.
(f) [(d)] Except as provided by this section, the state
virtual school network may not charge a fee to students for
electronic courses provided through the statewide course catalog
[network].
[(e) This chapter does not entitle a student who is not
enrolled on a full-time basis in a school district or
open-enrollment charter school to the benefits of the Foundation
School Program.]
SECTION 31. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. FULL-TIME VIRTUAL SCHOOL
Sec. 30B.201. ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL
SCHOOL. (a) The commissioner may establish criteria and authorize
the operation of a full-time virtual school under this chapter.
(b) A school district or open-enrollment charter school is
eligible to operate as a full-time virtual school under this
chapter only if the district or school receives an overall
performance rating of C or higher under Section 39.054.
(c) A public or private institution of higher education,
nonprofit entity, or private entity or corporation is eligible to
operate a full-time virtual school under this chapter only if the
institution, entity, or corporation:
(1) complies with all applicable federal and state
laws prohibiting discrimination;
(2) demonstrates financial solvency;
(3) 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;
(4) has either:
(A) a charter granted under Subchapter D or E,
Chapter 12, authorized to provide a full-time virtual school if the
entity is a public or private institution of higher education or a
nonprofit entity; or
(B) a charter granted under Subchapter D, Chapter
12, authorized to provide a full-time virtual school if the entity
is a private entity or corporation; and
(5) has not been subject to contract revocation under
Section 30B.210.
Sec. 30B.202. FULL-TIME VIRTUAL SCHOOL LIST. (a) The
administering authority shall:
(1) create a list of full-time virtual schools
authorized by the administering authority;
(2) publish in a prominent location on the state
virtual school network's Internet website a list of and contact
information for all authorized full-time virtual schools;
(3) provide access to the accountability ratings of
each full-time virtual school; and
(4) include any other information the commissioner
determines necessary to inform student choice.
(b) The administering authority shall provide students who
have completed or withdrawn from a full-time virtual school and
their parents with a method for providing comments regarding the
school. The comment method must include a quantitative rating
system and a list of verbal descriptors that a student or parent may
select as appropriate.
(c) The administering authority shall provide public access
to the comments submitted by students and parents under this
section.
Sec. 30B.203. INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a)
A full-time virtual school may not promise or provide equipment or
any other thing of value to a student or a student's parent as an
inducement for the student to enroll in the full-time virtual
school.
(b) The commissioner shall revoke approval of a full-time
virtual school that violates this section.
(c) The commissioner's action under this section is final
and may not be appealed.
Sec. 30B.204. COMPULSORY ATTENDANCE. The commissioner by
rule shall adopt procedures for reporting and verifying the
attendance of a student enrolled in a full-time virtual school. The
rules may modify the application of Sections 25.085, 25.086, and
25.087 for a student enrolled in a full-time virtual school but must
require participation in an educational program equivalent to the
requirements prescribed by those sections.
Sec. 30B.205. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual school
in the same manner that the chapter applies to a school district or
open-enrollment charter school.
(b) Each student enrolled in a full-time virtual school must
take each assessment instrument under Section 39.023 that is
administered to students who are provided instruction in the course
material in the traditional classroom setting. The administration
of the assessment instrument to the student enrolled in the
full-time virtual school must be supervised by a proctor.
Sec. 30B.206. TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)
Each teacher at a full-time virtual school must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30B.116(a)
or 30B.117 before teaching at a full-time virtual school.
(b) The commissioner by rule shall establish procedures for
verifying successful completion by a teacher of the appropriate
professional development course required by Subsection (a)(2).
(c) The commissioner by rule shall establish qualifications
and professional development requirements applicable to college
instructors providing instruction in dual credit courses through a
full-time virtual school that allow a student to earn high school
credit and college credit or other credit.
Sec. 30B.207. FUNDING. (a) A full-time virtual school in
which a student described by Section 30B.002(1) 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 electronic courses in a full-time virtual school 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) A full-time virtual school may charge a fee for a
student who does not qualify under Section 30B.002(1).
Sec. 30B.208. ORIENTATION COURSE. Each full-time virtual
school shall offer a student orientation course and notify each
student of the opportunity to participate in the orientation
course. The agency shall provide guidance regarding the development
and delivery of an orientation course.
Sec. 30B.209. PARENT-TEACHER CONFERENCE. (a) Each
full-time virtual school, on a periodic basis throughout each
school year, shall communicate with each parent of or person
standing in parental relation to an enrolled student regarding the
performance and progress of the student. The school shall:
(1) provide opportunities for parent-teacher
conferences;
(2) document any requests for parent-teacher
conferences; and
(3) permit students to participate in the
parent-teacher conferences.
(b) Parent-teacher conferences may be conducted in person
or through electronic means.
Sec. 30B.210. CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL
SERVICES. (a) A school district or open-enrollment charter school
that contracts with an entity to operate a full-time virtual school
for the district or school shall report to the agency the identity
of the contracted entity each year the contracted entity operates
the full-time virtual school.
(b) A school district or open-enrollment charter school
shall revoke a contract with an entity to operate a full-time
virtual school for the district or school if the accountability
rating for its full-time virtual school campus has three years of
consecutive overall ratings of D or F under Section 39.054. A
school district or open-enrollment charter school shall include a
contract revocation provision in each contract entered into with an
entity to operate a full-time virtual school for the district or
school under this section.
(c) The agency shall notify a district or school that the
district or school is subject to Subsection (b) if its full-time
virtual school campus has three years of consecutive overall
ratings of D or F under Section 39.054. Failure to receive notice
under this subsection does not affect the requirement imposed on
the district or school under Subsection (b).
(d) A school district or open-enrollment charter school may
not contract with an entity to operate a full-time virtual school
for the district or school if the contracted entity operated a
full-time virtual school for a district or school and the
contracting entity was subject to a contract revocation under
Subsection (b) within the preceding 10 years.
(e) The agency shall include a list of entities subject to a
contract revocation under Subsection (b) on the state virtual
school network Internet website.
(f) An entity under this section includes a corporate
affiliate or an entity that is substantially related to the entity.
(g) The commissioner may adopt rules to implement this
section.
SECTION 32. Section 33.009(d), Education Code, is amended
to read as follows:
(d) An academy developed under this section must provide
counselors and other postsecondary advisors with knowledge and
skills to provide counseling to students regarding postsecondary
success and productive career planning and must include information
relating to:
(1) each endorsement described by Section
28.025(c-1), including:
(A) the course requirements for each
endorsement; and
(B) the postsecondary educational and career
opportunities associated with each endorsement;
(2) available methods for a student to earn credit for
a course not offered at the school in which the student is enrolled,
including enrollment in an electronic course provided through the
state virtual school network under Chapter 30B [30A];
(3) general academic performance requirements for
admission to an institution of higher education, including the
requirements for automatic admission to a general academic teaching
institution under Section 51.803;
(4) regional workforce needs, including information
about the required education and the average wage or salary for
careers that meet those workforce needs; and
(5) effective strategies for engaging students and
parents in planning for postsecondary education and potential
careers, including participation in mentorships and business
partnerships.
SECTION 33. Section 42.152(b-1), Education Code, is amended
to read as follows:
(b-1) A student receiving a full-time virtual education
[through the state virtual school network] may be included in
determining the number of educationally disadvantaged students
under Subsection (b) if the school district or full-time virtual
school submits to the commissioner a plan detailing the enhanced
services that will be provided to the student and the commissioner
approves the plan.
SECTION 34. The following provisions of the Education Code
are repealed:
(1) Section 30A.006;
(2) Section 30A.053;
(3) Section 30A.055;
(4) Section 30A.056;
(5) Section 30A.1042; and
(6) Section 30A.152.
SECTION 35. This Act applies beginning with the 2019-2020
school year.
SECTION 36. 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, 2019.