Texas 2019 - 86th Regular

Texas Senate Bill SB1455 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor, et al. S.B. No. 1455
	1	+	By: Taylor, Bettencourt S.B. No. 1455
	2	+	(In the Senate - Filed March 4, 2019; March 14, 2019, read
	3	+	first time and referred to Committee on Education; April 15, 2019,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 11, Nays 0; April 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1455 By: Taylor
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to the state virtual school network; changing a fee.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 1.001(b), Education Code, is amended to
9	15		read as follows:
10	16		(b) Except as provided by Chapter 18, Chapter 19, Subchapter
11	17		A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [30A],
12	18		this code does not apply to students, facilities, or programs under
13	19		the jurisdiction of the Department of Aging and Disability
14	20		Services, the Department of State Health Services, the Health and
15	21		Human Services Commission, the Texas Juvenile Justice Department,
16	22		the Texas Department of Criminal Justice, a Job Corps program
17	23		operated by or under contract with the United States Department of
18	24		Labor, or any juvenile probation agency.
19	25		SECTION 2. Section 7.0561(f), Education Code, is amended to
20	26		read as follows:
21	27		(f) In consultation with interested school districts,
22	28		[open-enrollment] charter schools, and other appropriate
23	29		interested persons, the commissioner shall adopt rules applicable
24	30		to the consortium, according to the following principles for a next
25	31		generation of higher performing public schools:
26	32		(1) engagement of students in digital learning,
27	33		including engagement through the use of electronic textbooks and
28	34		instructional materials adopted under Subchapters B and B-1,
29	35		Chapter 31, and courses offered through the state virtual school
30	36		network under Chapter 30B [Subchapter 30A];
31	37		(2) emphasis on learning standards that focus on
32	38		high-priority standards identified in coordination with districts
33	39		and charter schools participating in the consortium;
34	40		(3) use of multiple assessments of learning capable of
35	41		being used to inform students, parents, districts, and charter
36	42		schools on an ongoing basis concerning the extent to which learning
37	43		is occurring and the actions consortium participants are taking to
38	44		improve learning; and
39	45		(4) reliance on local control that enables communities
40	46		and parents to be involved in the important decisions regarding the
41	47		education of their children.
42	48		SECTION 3. Section 25.007(b), Education Code, is amended to
43	49		read as follows:
44	50		(b) In recognition of the challenges faced by students who
45	51		are homeless or in substitute care, the agency shall assist the
46	52		transition of students who are homeless or in substitute care from
47	53		one school to another by:
48	54		(1) ensuring that school records for a student who is
49	55		homeless or in substitute care are transferred to the student's new
50	56		school not later than the 10th working day after the date the
51	57		student begins enrollment at the school;
52	58		(2) developing systems to ease transition of a student
53	59		who is homeless or in substitute care during the first two weeks of
54	60		enrollment at a new school;
55	61		(3) developing procedures for awarding credit,
56	62		including partial credit if appropriate, for course work, including
57	63		electives, completed by a student who is homeless or in substitute
58	64		care while enrolled at another school;
59	65		(4) developing procedures to ensure that a new school
60	66		relies on decisions made by the previous school regarding placement
61	67		in courses or educational programs of a student who is homeless or
62	68		in substitute care and places the student in comparable courses or
63	69		educational programs at the new school, if those courses or
64	70		programs are available;
65	71		(5) promoting practices that facilitate access by a
66	72		student who is homeless or in substitute care to extracurricular
67	73		programs, summer programs, credit transfer services, electronic
68	74		courses provided under Chapter 30B [30A], and after-school tutoring
69	75		programs at nominal or no cost;
70	76		(6) establishing procedures to lessen the adverse
71	77		impact of the movement of a student who is homeless or in substitute
72	78		care to a new school;
73	79		(7) entering into a memorandum of understanding with
74	80		the Department of Family and Protective Services regarding the
75	81		exchange of information as appropriate to facilitate the transition
76	82		of students in substitute care from one school to another;
77	83		(8) encouraging school districts and open-enrollment
78	84		charter schools to provide services for a student who is homeless or
79	85		in substitute care in transition when applying for admission to
80	86		postsecondary study and when seeking sources of funding for
81	87		postsecondary study;
82	88		(9) requiring school districts, campuses, and
83	89		open-enrollment charter schools to accept a referral for special
84	90		education services made for a student who is homeless or in
85	91		substitute care by a school previously attended by the student, and
86	92		to provide comparable services to the student during the referral
87	93		process or until the new school develops an individualized
88	94		education program for the student;
89	95		(10) requiring school districts, campuses, and
90	96		open-enrollment charter schools to provide notice to the child's
91	97		educational decision-maker and caseworker regarding events that
92	98		may significantly impact the education of a child, including:
93	99		(A) requests or referrals for an evaluation under
94	100		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
95	101		special education under Section 29.003;
96	102		(B) admission, review, and dismissal committee
97	103		meetings;
98	104		(C) manifestation determination reviews required
99	105		by Section 37.004(b);
100	106		(D) any disciplinary actions under Chapter 37 for
101	107		which parental notice is required;
102	108		(E) citations issued for Class C misdemeanor
103	109		offenses on school property or at school-sponsored activities;
104	110		(F) reports of restraint and seclusion required
105	111		by Section 37.0021; and
106	112		(G) use of corporal punishment as provided by
107	113		Section 37.0011;
108	114		(11) developing procedures for allowing a student who
109	115		is homeless or in substitute care who was previously enrolled in a
110	116		course required for graduation the opportunity, to the extent
111	117		practicable, to complete the course, at no cost to the student,
112	118		before the beginning of the next school year;
113	119		(12) ensuring that a student who is homeless or in
114	120		substitute care who is not likely to receive a high school diploma
115	121		before the fifth school year following the student's enrollment in
116	122		grade nine, as determined by the district, has the student's course
117	123		credit accrual and personal graduation plan reviewed;
118	124		(13) ensuring that a student in substitute care who is
119	125		in grade 11 or 12 be provided information regarding tuition and fee
120	126		exemptions under Section 54.366 for dual-credit or other courses
121	127		provided by a public institution of higher education for which a
122	128		high school student may earn joint high school and college credit;
123	129		(14) designating at least one agency employee to act
124	130		as a liaison officer regarding educational issues related to
125	131		students in the conservatorship of the Department of Family and
126	132		Protective Services; and
127	133		(15) providing other assistance as identified by the
128	134		agency.
129	135		SECTION 4. Section 26.0031, Education Code, is amended to
130	136		read as follows:
131	137		Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL
132	138		NETWORK STATEWIDE COURSE CATALOG. (a) At the time and in the
133	139		manner that a school district or [open-enrollment] charter school
134	140		informs students and parents about courses that are offered in the
135	141		district's or school's traditional classroom setting, the district
136	142		or school shall notify parents and students of the option to enroll
137	143		in an electronic course offered through the state virtual school
138	144		network statewide course catalog under Chapter 30B [30A].
139	145		(b) Except as provided by Subsection (c), a school district
140	146		or [open-enrollment] charter school in which a student is enrolled
141	147		as a full-time student may not deny the request of a parent of a
142	148		student to enroll the student in an electronic course offered
143	149		through the state virtual school network statewide course catalog
144	150		under Chapter 30B [30A].
145	151		(c) A school district or [open-enrollment] charter school
146	152		may deny a request to enroll a student in an electronic course if:
147	153		(1) a high school student attempts to enroll in a
148	154		course load that is inconsistent with the student's high school
149	155		graduation plan or requirements for college admission or earning an
150	156		industry certification; or
151	157		(2) the student requests permission to enroll in an
152	158		electronic course at a time that is not consistent with the
153	159		enrollment period established by the school district or
154	160		[open-enrollment] charter school providing the course[; or
155	161		[(3) the district or school offers a substantially
156	162		similar course].
157	163		[(c-1) A school district or open-enrollment charter school
158	164		may decline to pay the cost for a student of more than three
159	165		yearlong electronic courses, or the equivalent, during any school
160	166		year. This subsection does not:
161	167		[(1) limit the ability of the student to enroll in
162	168		additional electronic courses at the student's cost; or
163	169		[(2) apply to a student enrolled in a full-time online
164	170		program that was operating on January 1, 2013.]
165	171		(d) Notwithstanding Subsection (c)(2), a school district or
166	172		[open-enrollment] charter school that provides an electronic
167	173		course through the state virtual school network statewide course
168	174		catalog under Chapter 30B [30A] shall make all reasonable efforts
169	175		to accommodate the enrollment of a student in the course under
170	176		special circumstances.
171	177		(e) A parent may appeal to the commissioner a school
172	178		district's or [open-enrollment] charter school's decision to deny a
173	179		request to enroll a student in an electronic course offered through
174	180		the state virtual school network statewide course catalog. The
175	181		commissioner's decision under this subsection is final and may not
176	182		be appealed.
177	183		(f) A school district or [open-enrollment] charter school
178	184		from which a parent of a student requests permission to enroll the
179	185		student in an electronic course offered through the state virtual
180	186		school network statewide course catalog under Chapter 30B [30A] has
181	187		discretion to select a course provider approved by the agency
182	188		[network's administering authority] for the course in which the
183	189		student will enroll based on factors including the informed choice
184	190		report in Section 30B.112(b) [30A.108(b)].
185	191		SECTION 5. Subtitle F, Title 2, Education Code, is amended
186	192		by adding Chapter 30B, and a heading is added to that chapter to
187	193		read as follows:
188	194		CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG
189	195		AND FULL-TIME VIRTUAL SCHOOLS
190	196		SECTION 6. Chapter 30B, Education Code, as added by this
191	197		Act, is amended by adding Subchapter A, and a heading is added to
192	198		that subchapter to read as follows:
193	199		SUBCHAPTER A. GENERAL PROVISIONS
194	200		SECTION 7. Sections 30A.001, 30A.002, 30A.003, 30A.004,
195	201		30A.005, and 30A.007, Education Code, are transferred to Subchapter
196	202		A, Chapter 30B, Education Code, as added by this Act, redesignated
197	203		as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and
198	204		30B.006, Education Code, and amended to read as follows:
199	205		Sec. 30B.001 [30A.001]. DEFINITIONS. In this chapter:
200	206		(1) ["Administering authority" means the entity
201	207		designated under Section 30A.053 to administer the state virtual
202	208		school network.
203	209		[(2)] "Board" means the State Board of Education.
204	210		(2) [(3)] "Course" means a course of study that meets
205	211		the requirements of Section 30B.105 [30A.104].
206	212		(3) [(4)] "Electronic course" means a course in which:
207	213		(A) instruction and content are delivered
208	214		primarily over the Internet;
209	215		(B) a student and teacher are in different
210	216		locations for a majority of the student's instructional period;
211	217		(C) most instructional activities take place in
212	218		an online environment;
213	219		(D) the online instructional activities are
214	220		integral to the academic program;
215	221		(E) extensive communication between a student
216	222		and a teacher and among students is emphasized; and
217	223		(F) a student is not required to be located on the
218	224		physical premises of a school district or [open-enrollment] charter
219	225		school.
220	226		(4) [(5) "Electronic diagnostic assessment" means a
221	227		formative or instructional assessment used in conjunction with an
222	228		electronic course to ensure that:
223	229		[(A) a teacher of an electronic course has
224	230		information related to a student's academic performance in that
225	231		course; and
226	232		[(B) a student enrolled in an electronic course
227	233		makes documented progress in mastering the content of the course.
228	234		[(6)] "Electronic professional development course"
229	235		means a professional development course in which instruction and
230	236		content are delivered primarily over the Internet.
231	237		(5) "Full-time virtual school" means a campus
232	238		authorized by the commissioner to provide a full-time virtual
233	239		school program to enrolled students under this chapter.
234	240		(6) [(7)] "Course provider" means:
235	241		(A) a school district or [open-enrollment]
236	242		charter school that provides an electronic course through the
237	243		statewide course catalog [state virtual school network] to:
238	244		(i) students enrolled in that district or
239	245		school; or
240	246		(ii) students enrolled in another school
241	247		district or school;
242	248		(B) a public or private institution of higher
243	249		education, nonprofit entity, or private entity that provides a
244	250		course through the statewide course catalog [state virtual school
245	251		network]; or
246	252		(C) an entity that provides an electronic
247	253		professional development course through the state virtual school
248	254		network.
249	255		(7) [(8)] "Public or private institution of higher
250	256		education" means an institution of higher education or a private or
251	257		independent institution of higher education, as those terms are
252	258		defined by Section 61.003 [20 U.S.C. Section 1001].
253	259		(8) "Statewide course catalog" means a program of
254	260		supplemental courses offered by state-approved course providers
255	261		that is delivered through the state virtual school network.
256	262		Sec. 30B.002 [30A.002]. STUDENT ELIGIBILITY. [(a)] A
257	263		student is eligible to enroll in a course provided through the
258	264		statewide course catalog or in a full-time [state] virtual school
259	265		[network] only if [the student]:
260	266		(1) the student [on September 1 of the school year:
261	267		[(A) is younger than 21 years of age; or
262	268		[(B) is younger than 26 years of age and entitled
263	269		to the benefits of the Foundation School Program under Section
264	270		42.003;
265	271		[(2) has not graduated from high school; and
266	272		[(3)] is [otherwise] eligible to enroll in a public
267	273		school in this state; or
268	274		(2) the student does not qualify under Subdivision
269	275		(1), including a student who is an adult or who resides in another
270	276		state or country, and the student pays fees in accordance with this
271	277		chapter.
272	278		[(b) A student is eligible to enroll full-time in courses
273	279		provided through the state virtual school network only if the
274	280		student:
275	281		[(1) was enrolled in a public school in this state in
276	282		the preceding school year;
277	283		[(2) is a dependent of a member of the United States
278	284		military who has been deployed or transferred to this state and was
279	285		enrolled in a publicly funded school outside of this state in the
280	286		preceding school year; or
281	287		[(3) has been placed in substitute care in this state,
282	288		regardless of whether the student was enrolled in a public school in
283	289		this state in the preceding school year.
284	290		[(c) Notwithstanding Subsection (a)(3) or (b), a student is
285	291		eligible to enroll in one or more courses provided through the state
286	292		virtual school network or enroll full-time in courses provided
287	293		through the network if the student:
288	294		[(1) is a dependent of a member of the United States
289	295		military;
290	296		[(2) was previously enrolled in high school in this
291	297		state; and
292	298		[(3) does not reside in this state due to a military
293	299		deployment or transfer.]
294	300		Sec. 30B.003 [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR
295	301		INTERNET SERVICE. This chapter does not:
296	302		(1) require a school district, a [an open-enrollment]
297	303		charter school, a course provider, a full-time virtual school, or
298	304		the state to provide a student with home computer equipment or
299	305		Internet access for a course provided through the state virtual
300	306		school network; or
301	307		(2) prohibit a school district or [open-enrollment]
302	308		charter school from providing a student with home computer
303	309		equipment or Internet access for a course provided through the
304	310		state virtual school network.
305	311		Sec. 30B.004 [30A.004]. APPLICABILITY OF CHAPTER.
306	312		(a) Except as provided by Subsection (c), this chapter does not
307	313		affect the provision of a course to a student while the student is
308	314		located on the physical premises of a school district or
309	315		[open-enrollment] charter school.
310	316		(b) [This chapter does not affect the provision of distance
311	317		learning courses offered under other law.
312	318		[(b-1)] Requirements imposed by or under this chapter do not
313	319		apply to a virtual course provided by a school district only to
314	320		district students if the course is not provided as part of the state
315	321		virtual school network.
316	322		(c) A school district or [open-enrollment] charter school
317	323		may choose to participate in providing an electronic course or an
318	324		electronic diagnostic assessment under this chapter to a student
319	325		who is located on the physical premises of a school district or
320	326		[open-enrollment] charter school.
321	327		Sec. 30B.005 [30A.005]. TELECOMMUNICATIONS OR INFORMATION
322	328		SERVICES NETWORK NOT CREATED. This chapter does not create or
323	329		authorize the creation of a telecommunications or information
324	330		services network.
325	331		Sec. 30B.006 [30A.007]. LOCAL POLICY ON ELECTRONIC
326	332		COURSES. (a) A school district or [open-enrollment] charter
327	333		school shall adopt a written policy that provides district or
328	334		school students with the opportunity to enroll in electronic
329	335		courses provided through the statewide course catalog [state
330	336		virtual school network]. The policy must be consistent with the
331	337		requirements imposed by Section 26.0031.
332	338		(b) [(a-1)] A school district or [open-enrollment] charter
333	339		school shall, at least once per school year, send to a parent of
334	340		each district or school student enrolled at the middle or high
335	341		school level a copy of the policy adopted under Subsection (a). A
336	342		district or school may send the policy with any other information
337	343		that the district or school sends to a parent.
338	344		(c) [(b)] For purposes of a policy adopted under Subsection
339	345		(a), the determination of whether or not an electronic course will
340	346		meet the needs of a student with a disability shall be made by the
341	347		student's admission, review, and dismissal committee in a manner
342	348		consistent with state and federal law, including the Individuals
343	349		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
344	350		and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
345	351		794).
346	352		SECTION 8. Subchapter A, Chapter 30B, Education Code, as
347	353		added by this Act, is amended by adding Section 30B.007 to read as
348	354		follows:
349	355		Sec. 30B.007. GRANTS AND FEDERAL FUNDS. (a) The
350	356		commissioner may solicit and accept a gift, grant, or donation from
351	357		any source for the implementation of the statewide course catalog
352	358		and full-time virtual schools.
353	359		(b) The commissioner may accept federal funds for purposes
354	360		of this chapter and shall use those funds in compliance with
355	361		applicable federal law, regulations, and guidelines.
356	362		SECTION 9. Chapter 30B, Education Code, as added by this
357	363		Act, is amended by adding Subchapter B, and a heading is added to
358	364		that subchapter to read as follows:
359	365		SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
360	366		SECTION 10. Sections 30A.051, 30A.052, and 30A.054,
361	367		Education Code, are transferred to Subchapter B, Chapter 30B,
362	368		Education Code, as added by this Act, redesignated as Sections
363	369		30B.051, 30B.052, and 30B.053, Education Code, and amended to read
364	370		as follows:
365	371		Sec. 30B.051 [30A.051]. GOVERNANCE [OF NETWORK]. (a) The
366	372		commissioner shall:
367	373		(1) administer the state virtual school network
368	374		statewide course catalog and full-time virtual schools; and
369	375		(2) ensure:
370	376		(A) high-quality education for students in this
371	377		state who are being educated through electronic courses provided
372	378		through the statewide course catalog or a full-time virtual school
373	379		[state virtual school network]; and
374	380		(B) equitable access by students to those courses
375	381		and schools.
376	382		(b) The commissioner may adopt rules necessary to implement
377	383		this chapter.
378	384		[(c) To the extent practicable, the commissioner shall
379	385		solicit advice from school districts concerning:
380	386		[(1) administration of the state virtual school
381	387		network; and
382	388		[(2) adoption of rules under Subsection (b).]
383	389		Sec. 30B.052 [30A.052]. GENERAL POWERS AND DUTIES OF
384	390		COMMISSIONER. (a) The commissioner shall prepare or provide for
385	391		preparation of a biennial budget request for the state virtual
386	392		school network statewide course catalog and full-time virtual
387	393		schools for presentation to the legislature.
388	394		(b) The commissioner has exclusive jurisdiction over the
389	395		assets of the network and shall administer and spend appropriations
390	396		made for the benefit of the network.
391	397		[(c) The commissioner shall employ a limited number of
392	398		administrative employees in connection with the network.]
393	399		Sec. 30B.053 [30A.054]. STUDENT PERFORMANCE INFORMATION.
394	400		To the extent permitted under the Family Educational Rights and
395	401		Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner
396	402		shall make information relating to the performance of students
397	403		enrolled in electronic courses through the statewide course catalog
398	404		or a full-time virtual school under this chapter available to
399	405		school districts, [open-enrollment] charter schools, and the
400	406		public.
401	407		SECTION 11. Chapter 30B, Education Code, as added by this
402	408		Act, is amended by adding Subchapter C, and a heading is added to
403	409		that subchapter to read as follows:
404	410		SUBCHAPTER C. STATEWIDE COURSE CATALOG
405	411		SECTION 12. Sections 30A.101, 30A.102, 30A.1021, 30A.103,
406	412		30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107,
407	413		30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113,
408	414		30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code,
409	415		are transferred to Subchapter C, Chapter 30B, Education Code, as
410	416		added by this Act, redesignated as Sections 30B.101, 30B.102,
411	417		30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109,
412	418		30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116,
413	419		30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123,
414	420		Education Code, and amended to read as follows:
415	421		Sec. 30B.101 [30A.101]. ELIGIBILITY TO ACT AS COURSE
416	422		PROVIDER. (a) A school district or [open-enrollment] charter
417	423		school is eligible to act as a course provider through the statewide
418	424		course catalog [under this chapter] only if the district or school
419	425		receives an overall performance rating of C or higher [is rated
420	426		acceptable] under Section 39.054.
421	427		(b) [An open-enrollment charter school may serve as a course
422	428		provider only:
423	429		[(1) to a student within its service area; or
424	430		[(2) to another student in the state:
425	431		[(A) through an agreement with the school district
426	432		in which the student resides; or
427	433		[(B) if the student receives educational services
428	434		under the supervision of a juvenile probation department, the Texas
429	435		Juvenile Justice Department, or the Texas Department of Criminal
430	436		Justice, through an agreement with the applicable agency.
431	437		[(c)] A public or private institution of higher education,
432	438		nonprofit entity, private entity, or corporation is eligible to act
433	439		as a course provider through the statewide course catalog [under
434	440		this chapter] only if the institution, [nonprofit] entity, [private
435	441		entity,] or corporation:
436	442		(1) complies with all applicable federal and state
437	443		laws prohibiting discrimination;
438	444		(2) demonstrates financial solvency; [and]
439	445		(3) provides evidence of prior successful experience
440	446		offering online education [courses] to [middle or high school]
441	447		students, with demonstrated student success in course completion
442	448		and performance, as determined by the commissioner; and
443	449		(4) complies with any other criteria established by
444	450		the commissioner.
445	451		(c) [(d)] An entity other than a school district or
446	452		[open-enrollment] charter school is not authorized to award course
447	453		credit or a diploma for courses taken through the statewide course
448	454		catalog [state virtual school network].
449	455		(d) This section may not be waived by the commissioner.
450	456		Sec. 30B.102 [30A.102]. LISTING OF ELECTRONIC COURSES.
451	457		(a) The agency [administering authority] shall:
452	458		(1) publish the criteria required by Section 30B.104
453	459		[30A.103] for electronic courses that may be offered through the
454	460		statewide course catalog [state virtual school network];
455	461		(2) using the criteria required by Section 30B.104
456	462		[30A.103], evaluate electronic courses submitted by a course
457	463		provider to be offered through the statewide course catalog
458	464		[network];
459	465		(3) create a list of electronic courses approved by
460	466		the agency [administering authority]; and
461	467		(4) publish in a prominent location on the state
462	468		virtual school network's Internet website the list of approved
463	469		electronic courses offered through the statewide course catalog
464	470		[network] and a detailed description of the courses that complies
465	471		with Section 30B.112 [30A.108].
466	472		(b) To ensure that a full range of electronic courses,
467	473		including advanced placement courses, are offered to students in
468	474		this state, the agency [administering authority]:
469	475		(1) shall create a list of those subjects and courses
470	476		designated by the board under Subchapter A, Chapter 28, for which
471	477		the board has identified essential knowledge and skills or for
472	478		which the board has designated content requirements under
473	479		Subchapter A, Chapter 28;
474	480		(2) shall enter into agreements with school districts,
475	481		[open-enrollment] charter schools, public or private institutions
476	482		of higher education, and other eligible entities for the purpose of
477	483		offering the courses through the statewide course catalog [state
478	484		virtual school network]; [and]
479	485		(3) may develop or authorize the development of
480	486		additional electronic courses that:
481	487		(A) are needed to complete high school graduation
482	488		requirements; and
483	489		(B) are not otherwise available through the
484	490		statewide course catalog; and
485	491		(4) may develop or authorize the development of an
486	492		orientation course [state virtual school network].
487	493		(c) The agency [administering authority] shall develop a
488	494		comprehensive course numbering system for all courses offered
489	495		through the statewide course catalog [state virtual school network]
490	496		to ensure, to the greatest extent possible, consistent numbering of
491	497		similar courses offered across all course providers.
492	498		Sec. 30B.103 [30A.1021]. PUBLIC ACCESS TO USER COMMENTS
493	499		REGARDING ELECTRONIC COURSES. (a) The agency [administering
494	500		authority] shall provide students who have completed or withdrawn
495	501		from electronic courses offered through the statewide course
496	502		catalog [virtual school network] and their parents with a mechanism
497	503		for providing comments regarding the courses.
498	504		(b) The mechanism required by Subsection (a) must include a
499	505		quantitative rating system and a list of verbal descriptors that a
500	506		student or parent may select as appropriate.
501	507		(c) The agency [administering authority] shall provide
502	508		public access to the comments submitted by students and parents
503	509		under this section. The comments must be in a format that permits a
504	510		person to sort the comments by teacher, electronic course, and
505	511		course provider.
506	512		Sec. 30B.104 [30A.103]. CRITERIA FOR ELECTRONIC COURSES.
507	513		(a) The commissioner [board] by rule shall establish an objective
508	514		standard criteria for an electronic course to ensure alignment with
509	515		the essential knowledge and skills requirements identified or
510	516		content requirements established under Subchapter A, Chapter 28.
511	517		The criteria may not permit the agency [administering authority] to
512	518		prohibit a course provider from applying for approval for an
513	519		electronic course for a course for which essential knowledge and
514	520		skills have been identified.
515	521		(b) The criteria must be consistent with Section 30B.105
516	522		[30A.104] and may not include any requirements that are
517	523		developmentally inappropriate for students.
518	524		(c) The commissioner by rule may:
519	525		(1) establish additional quality-related criteria for
520	526		electronic courses; and
521	527		(2) provide for a period of public comment regarding
522	528		the criteria.
523	529		(d) The criteria must be in place at least six months before
524	530		the agency [administering authority] uses the criteria in
525	531		evaluating an electronic course under Section 30B.107 [30A.105].
526	532		Sec. 30B.105 [30A.104]. COURSE ELIGIBILITY IN GENERAL.
527	533		(a) A course offered through the statewide course catalog [state
528	534		virtual school network] must:
529	535		(1) be in a specific subject that is part of the
530	536		required curriculum under Section 28.002(a);
531	537		(2) be aligned with the essential knowledge and skills
532		-	identified under Section 28.002(c) for a grade level at or ~~above~~
533		-	grade level three; and
	538	+	identified under Section 28.002(c) for the [a] grade level [at or
	539	+	above grade level three]; and
534	540		(3) be the equivalent in instructional rigor and scope
535	541		to a course that is provided in a traditional classroom setting
536	542		during a semester of 90 instructional days.
537	543		(b) If the essential knowledge and skills with which an
538	544		approved course is aligned in accordance with Subsection (a)(2) are
539	545		modified, the course provider must be provided the same [time]
540	546		period to revise the course to achieve alignment with the modified
541	547		essential knowledge and skills as is provided for the modification
542	548		of a course provided in a traditional classroom setting.
543	549		Sec. 30B.106 [30A.1041]. DRIVER EDUCATION COURSES. (a) A
544	550		school district, [open-enrollment] charter school, public or
545	551		private institution of higher education, or other eligible entity
546	552		may seek approval to offer through the statewide course catalog
547	553		[state virtual school network] the classroom portion of a driver
548	554		education and traffic safety course that complies with the
549	555		requirements for the program developed under Section 29.902.
550	556		(b) A school district, [open-enrollment] charter school,
551	557		public or private institution of higher education, or other
552	558		eligible entity may not offer through the statewide course catalog
553	559		[state virtual school network] the laboratory portion of a driver
554	560		education and traffic safety course.
555	561		(c) A driver education and traffic safety course offered in
556	562		compliance with this section must be the equivalent in
557	563		instructional rigor and scope to a course that is provided in a
558	564		traditional classroom setting for a period of 56 hours.
559	565		Sec. 30B.107 [30A.105]. APPROVAL OF ELECTRONIC COURSES.
560	566		(a) The agency [administering authority] shall:
561	567		(1) establish a submission and approval process for
562	568		electronic courses that occurs on a rolling basis; and
563	569		(2) evaluate or provide for the evaluation by one or
564	570		more organizations designated by the agency of electronic courses
565	571		to be offered through the statewide course catalog or a full-time
566	572		[state] virtual school [network].
567	573		(b) [(a-1)] The agency [administering authority] shall
568	574		publish the submission and approval process for electronic courses
569	575		established under Subsection (a)(1), including any deadlines and
570	576		guidelines applicable to the process.
571	577		(c) [(a-2)] The evaluation required by Subsection (a)(2)
572	578		must include review of each electronic course component, including
573	579		off-line material proposed to be used in the course.
574	580		(d) [(b)] The agency [administering authority] shall
575	581		establish the cost of providing an electronic course approved under
576	582		Subsection (a)[, which may not exceed $400 per student per course or
577	583		$4,800 per full-time student].
578	584		(e) The [(c) The agency shall pay the reasonable costs of
579	585		evaluating and approving electronic courses. If funds available
580	586		to the agency for that purpose are insufficient to pay the costs of
581	587		evaluating and approving all electronic courses submitted for
582	588		evaluation and approval, the agency shall give priority to paying
583	589		the costs of evaluating and approving the following courses:
584	590		[(1) courses that satisfy high school graduation
585	591		requirements;
586	592		[(2) courses that would likely benefit a student in
587	593		obtaining admission to a postsecondary institution;
588	594		[(3) courses, including dual credit courses, that
589	595		allow a student to earn college credit or other advanced credit;
590	596		[(4) courses in subject areas most likely to be highly
591	597		beneficial to students receiving educational services under the
592	598		supervision of a juvenile probation department, the Texas Juvenile
593	599		Justice Department, or the Texas Department of Criminal Justice;
594	600		and
595	601		[(5) courses in subject areas designated by the
596	602		commissioner as commonly experiencing a shortage of teachers.
597	603		[(d) If the agency determines that the costs of evaluating
598	604		and approving a submitted electronic course will not be paid by the
599	605		agency due to a shortage of funds available for that purpose, the]
600	606		school district, [open-enrollment] charter school, public or
601	607		private institution of higher education, or other eligible entity
602	608		that submits a [submitted the] course for evaluation and approval
603	609		shall [may] pay a fee equal to the amount of the costs of evaluating
604	610		and approving the course in order to ensure that evaluation of the
605	611		course occurs. The agency shall establish and publish a fee
606	612		schedule for purposes of this subsection.
607	613		(f) [(e)] The agency [administering authority] shall
608	614		require a course provider to apply for renewed approval of a
609	615		previously approved course in accordance with a schedule designed
610	616		to coincide with revisions to the required curriculum under Section
611	617		28.002(a) but not later than the 10th anniversary of the previous
612	618		approval.
613	619		Sec. 30B.108 [30A.1051]. ELECTRONIC COURSE PORTABILITY. A
614	620		student who transfers from one educational setting to another after
615	621		beginning enrollment in an electronic course is entitled to
616	622		continue enrollment in the course.
617	623		Sec. 30B.109 [30A.1052]. INDUCEMENTS FOR ENROLLMENT
618	624		PROHIBITED. (a) A course provider may not promise or provide
619	625		equipment or any other thing of value to a student or a student's
620	626		parent as an inducement for the student to enroll in an electronic
621	627		course offered through the statewide course catalog [state virtual
622	628		school network].
623	629		(b) The commissioner shall revoke approval under this
624	630		chapter of electronic courses offered by a course provider that
625	631		violates this section.
626	632		(c) The commissioner's action under this section is final
627	633		and may not be appealed.
628	634		Sec. 30B.110 [30A.106]. APPEAL TO COMMISSIONER. (a) A
629	635		course provider may appeal to the commissioner the agency's
630	636		[administering authority's] refusal to approve an electronic
631	637		course under Section 30B.107 [30A.105].
632	638		(b) If the commissioner determines that the agency's
633	639		[administering authority's] evaluation did not follow the criteria
634	640		or was otherwise irregular, the commissioner may overrule the
635	641		agency [administering authority] and place the course on a list of
636	642		approved courses. The commissioner's decision under this section
637	643		is final and may not be appealed.
638	644		Sec. 30B.111 [30A.107]. OPTIONS FOR PROVIDERS AND
639	645		STUDENTS. (a) A student who does not qualify under Section
640	646		30B.002(1) may take one or more electronic courses through the
641	647		statewide course catalog if the student pays the fees for the course
642	648		in accordance with Section 30B.123 [A course provider may offer
643	649		electronic courses to:
644	650		[(1) students and adults who reside in this state; and
645	651		[(2) students who reside outside this state and who
646	652		meet the eligibility requirements under Section 30A.002(c)].
647	653		(b) A student who is enrolled in a school district or
648	654		[open-enrollment] charter school in this state [as a full-time
649	655		student] may take one or more electronic courses through the state
650	656		virtual school network.
651	657		(c) A student who resides in this state but who is not
652	658		enrolled in a school district or [open-enrollment] charter school
653	659		in this state [as a full-time student] may, subject to Section
654	660		30B.123 [30A.155], enroll in electronic courses through the
655	661		statewide course catalog [state virtual school network]. A student
656	662		to whom this subsection applies:
657	663		(1) [may not in any semester enroll in more than two
658	664		electronic courses offered through the state virtual school
659	665		network;
660	666		[(2)] is not considered enrolled at the [to be a]
661	667		public school campus but shall be considered for purposes of:
662	668		(A) accountability in accordance with Section
663	669		30B.114; and
664	670		(B) state funding as provided by Section 30B.122
665	671		[student];
666	672		(2) [(3)] must obtain access to a course provided
667	673		through the statewide course catalog either [network] through a
668	674		[the] school district or [open-enrollment] charter school
669	675		[attendance zone in which the student resides];
670	676		(3) [(4)] is not entitled to enroll in a course
671	677		offered by a school district or [open-enrollment] charter school
672	678		other than an electronic course provided through the statewide
673	679		course catalog [network]; and
674	680		(4) [(5)] is not entitled to any right, privilege,
675	681		activities, or services available to a student enrolled in a public
676	682		school, other than the right to receive the appropriate unit of
677	683		credit for completing an electronic course.
678	684		(d) A school district or [open-enrollment] charter school
679	685		may not require a student to enroll in an electronic course.
680	686		(e) A school district or charter school shall require
681	687		students to take a student orientation course to access the
682	688		statewide course catalog.
683	689		Sec. 30B.112 [30A.108]. INFORMED CHOICE REPORTS. (a) Not
684	690		later than a date determined by the commissioner, the agency
685	691		[administering authority] shall create and maintain on the state
686	692		virtual school network's Internet website an "informed choice"
687	693		report as provided by commissioner rule.
688	694		(b) Each report under this section must describe each
689	695		electronic course offered through the statewide course catalog
690	696		[state virtual school network] and include the following
691	697		information:
692	698		(1) course requirements;
693	699		(2) the school year calendar for the course, including
694	700		any options for continued participation outside of the standard
695	701		school year calendar;
696	702		(3) the entity that developed the course;
697	703		(4) the entity that provided the course;
698	704		(5) the course completion rate;
699	705		(6) aggregate student performance on an assessment
700	706		instrument administered under Section 39.023 to students enrolled
701	707		in the course;
702	708		(7) aggregate student performance on all assessment
703	709		instruments administered under Section 39.023 to students who
704	710		completed the course provider's courses; and
705	711		(8) other information determined by the commissioner.
706	712		Sec. 30B.113 [30A.109]. COMPULSORY ATTENDANCE. The
707	713		commissioner by rule shall adopt procedures for reporting and
708	714		verifying the attendance of a student enrolled in an electronic
709	715		course provided through the statewide course catalog [state virtual
710	716		school network]. The rules may modify the application of Sections
711	717		25.085, 25.086, and 25.087 for a student enrolled in an electronic
712	718		course but must require participation in an educational program
713	719		equivalent to the requirements prescribed by those sections.
714	720		Sec. 30B.114 [30A.110]. APPLICABILITY OF ACCOUNTABILITY
715	721		REQUIREMENTS. (a) Chapter 39 applies to an electronic course
716	722		offered through the statewide course catalog [state virtual school
717	723		network] in the same manner that that chapter applies to any other
718	724		course offered by a school district or open-enrollment charter
719	725		school.
720	726		(b) The performance of a student described by Section
721	727		30B.111(c) shall be considered for purposes of accountability for a
722	728		school district or charter school if the student takes more than
723	729		three statewide course catalog courses through the school district
724	730		or charter school in a school year.
725	731		(c) Each student enrolled under this chapter in an
726	732		electronic course offered through the statewide course catalog
727	733		[state virtual school network] must take any assessment instrument
728	734		under Section 39.023 that is administered to students who are
729	735		provided instruction in the course material in the traditional
730	736		classroom setting. The administration of the assessment instrument
731	737		to the student enrolled in the electronic course must be supervised
732	738		by a proctor.
733	739		(d) [(c)] A school district or [open-enrollment] charter
734	740		school shall report to the commissioner through the Public
735	741		Education Information Management System (PEIMS) the results of
736	742		assessment instruments administered to students enrolled in an
737	743		electronic course offered through the statewide course catalog
738	744		[state virtual school network] separately from the results of
739	745		assessment instruments administered to other students.
740	746		Sec. 30B.115 [30A.111]. TEACHER AND INSTRUCTOR
741	747		QUALIFICATIONS. (a) Each teacher of an electronic course offered
742	748		by a school district or [open-enrollment] charter school through
743	749		the statewide course catalog [state virtual school network] must:
744	750		(1) be certified under Subchapter B, Chapter 21, to
745	751		teach that course and grade level; and
746	752		(2) successfully complete the appropriate
747	753		professional development course provided under Section 30B.116(a)
748	754		[30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic
749	755		course offered through the statewide course catalog [network].
750	756		(b) The commissioner by rule shall establish procedures for
751	757		verifying successful completion by a teacher of the appropriate
752	758		professional development course required by Subsection (a)(2).
753	759		(c) The commissioner by rule shall establish qualifications
754	760		and professional development requirements applicable to college
755	761		instructors providing instruction in dual credit courses through
756	762		the statewide course catalog [state virtual school network] that
757	763		allow a student to earn high school credit and college credit or
758	764		other credit.
759	765		Sec. 30B.116 [30A.112]. EDUCATOR PROFESSIONAL DEVELOPMENT.
760	766		(a) The state virtual school network shall provide or authorize
761	767		providers of electronic professional development courses or
762	768		programs to provide professional development for teachers who are
763	769		teaching electronic courses through the statewide course catalog
764	770		[network].
765	771		(b) The state virtual school network may provide or
766	772		authorize providers of electronic professional development courses
767	773		to provide professional development for:
768	774		(1) teachers who are teaching subjects or grade levels
769	775		for which the teachers are not certified; or
770	776		(2) teachers who must become qualified under the
771	777		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
772	778		et seq.).
773	779		Sec. 30B.117 [30A.1121]. ALTERNATIVE EDUCATOR PROFESSIONAL
774	780		DEVELOPMENT. (a) Subject to Subsection (b), a course provider may
775	781		provide professional development courses to teachers seeking to
776	782		become authorized to teach electronic courses provided through the
777	783		statewide course catalog [state virtual school network]. A course
778	784		provider may provide a professional development course that is
779	785		approved under Subsection (b) to any interested teacher, regardless
780	786		of the teacher's employer.
781	787		(b) The agency shall review each professional development
782	788		course sought to be provided by a course provider under Subsection
783	789		(a) to determine if the course meets the quality standards
784	790		established under Section 30B.118 [30A.113]. If a course meets
785	791		those standards, the course provider may provide the course for
786	792		purposes of enabling a teacher to comply with Section 30B.115(a)(2)
787	793		[30A.111(a)(2)].
788	794		Sec. 30B.118 [30A.113]. CRITERIA FOR ELECTRONIC
789	795		PROFESSIONAL DEVELOPMENT COURSES. The commissioner by rule shall
790	796		establish objective standard criteria for quality of an electronic
791	797		professional development course provided under Section 30B.116
792	798		[30A.112].
793	799		Sec. 30B.119 [30A.114]. REGIONAL EDUCATION SERVICE
794	800		CENTERS. The commissioner by rule shall allow regional education
795	801		service centers to participate in the statewide course catalog
796	802		[state virtual school network] in the same manner as course
797	803		providers.
798	804		Sec. 30B.120 [30A.115]. ADDITIONAL RESOURCES. The
799	805		commissioner by rule may establish procedures for providing
800	806		additional resources, such as an online library, to students and
801	807		educators served through the statewide course catalog [state
802	808		virtual school network]. The agency [administering authority] may
803	809		provide the additional resources only if the commissioner receives
804	810		an appropriation, gift, or grant sufficient to pay the costs of
805	811		providing those resources.
806	812		Sec. 30B.121 [30A.151]. COSTS TO BE BORNE BY STATE.
807	813		(a) Except as authorized by Sections 30B.007, 30B.107, [Section
808	814		30A.152] or this section, the state shall pay the cost of operating
809	815		the state virtual school network.
810	816		(b) Except as provided by Section 30B.107, the [The]
811	817		operating costs of the state virtual school network may not be
812	818		charged to a school district or [open-enrollment] charter school.
813	819		(c) The costs of providing electronic professional
814	820		development courses may be paid by state funds appropriated by the
815	821		legislature or federal funds that may be used for that purpose.
816	822		(d) [(e)] State funds provided in connection with the state
817	823		virtual school network may not be used in a manner that violates
818	824		Section 7, Article I, Texas Constitution.
819	825		[(f) For a full-time electronic course program offered
820	826		through the state virtual school network for a grade level at or
821	827		above grade level three but not above grade level eight, a school
822	828		district or open-enrollment charter school is entitled to receive
823	829		federal, state, and local funding for a student enrolled in the
824	830		program in an amount equal to the funding the district or school
825	831		would otherwise receive for a student enrolled in the district or
826	832		school. The district or school may calculate the average daily
827	833		attendance of a student enrolled in the program based on:
828	834		[(1) hours of contact with the student;
829	835		[(2) the student's successful completion of a course;
830	836		or
831	837		[(3) a method approved by the commissioner.]
832	838		Sec. 30B.122 [30A.153]. FOUNDATION SCHOOL PROGRAM FUNDING.
833	839		(a) A [Subject to the limitation imposed under Subsection (a-1),
834	840		a] school district or open-enrollment charter school in which a
835	841		student is enrolled is entitled to funding under Chapter 42 or in
836	842		accordance with the terms of a charter granted under Section 12.101
837	843		for the student's enrollment in an electronic course offered
838	844		through the statewide course catalog [state virtual school network]
839	845		in the same manner that the district or school is entitled to
840	846		funding for the student's enrollment in courses provided in a
841	847		traditional classroom setting, provided that the student
842	848		successfully completes the electronic course.
843	849		(b) For purposes of funding a school district or charter
844	850		school that provides access to an electronic course to a student
845	851		described by Section 30B.111(c) who would be entitled to the
846	852		benefits of the Foundation School Program under Section 42.003 if
847	853		enrolled in a school district, the agency shall aggregate up to
848	854		three courses offered during the year to such students at the
849	855		district or school and divide by five to establish the number of
850	856		possible students in average daily attendance, rounding up to the
851	857		half-day average daily attendance.
852	858		[(a-1) For purposes of Subsection (a), a school district or
853	859		open-enrollment charter school is limited to the funding described
854	860		by that subsection for a student's enrollment in not more than three
855	861		electronic courses during any school year, unless the student is
856	862		enrolled in a full-time online program that was operating on
857	863		January 1, 2013.]
858	864		(c) [(b)] The commissioner[, after considering comments
859	865		from school district and open-enrollment charter school
860	866		representatives,] shall adopt a standard agreement that governs the
861	867		costs, payment of funds, and other matters relating to a student's
862	868		enrollment in an electronic course offered through the statewide
863	869		course catalog [state virtual school network]. The agreement may
864	870		not require a school district or [open-enrollment] charter school
865	871		to pay the provider the full amount until the student has
866	872		successfully completed the electronic course[, and the full amount
867	873		may not exceed the limits specified by Section 30A.105(b)].
868	874		(d) [(c)] A school district or [open-enrollment] charter
869	875		school shall use the standard agreement adopted under Subsection
870	876		(c) [(b)] unless:
871	877		(1) the district or school requests from the
872	878		commissioner permission to modify the standard agreement; and
873	879		(2) the commissioner authorizes the modification.
874	880		(e) [(d)] The commissioner shall adopt rules necessary to
875	881		implement this section, including rules regarding attendance
876	882		accounting.
877	883		Sec. 30B.123 [30A.155]. FEES. (a) A school district or
878	884		[open-enrollment] charter school may charge a fee for enrollment in
879	885		an electronic course provided through the statewide course catalog
880	886		[state virtual school network] to a student who resides in this
881	887		state and[:
882	888		[(1)] is enrolled in a school district or
883	889		[open-enrollment] charter school as a full-time student with a
884	890		course load greater than that normally taken by students in the
885	891		equivalent grade level in other school districts or
886	892		[open-enrollment] charter schools[; or
887	893		[(2) elects to enroll in an electronic course provided
888	894		through the network for which the school district or
889	895		open-enrollment charter school in which the student is enrolled as
890	896		a full-time student declines to pay the cost, as authorized by
891	897		Section 26.0031(c-1)].
892	898		(b) [(a-1)] A school district or [open-enrollment] charter
893	899		school may charge a fee for enrollment in an electronic course
894	900		provided through the statewide course catalog [state virtual school
895	901		network] during the summer.
896	902		(c) [(b)] A school district or [open-enrollment] charter
897	903		school shall charge a fee for enrollment in an electronic course
898	904		provided through the statewide course catalog [state virtual school
899	905		network] to a student who does not satisfy the criteria of Section
900	906		30B.002(1) [who resides in this state and is not enrolled in a
901	907		school district or open-enrollment charter school as a full-time
902	908		student].
903	909		(d) [(c)] The amount of a fee charged a student under
904	910		Subsection (a), [(a-1), or] (b), or (c) for each electronic course
905	911		in which the student enrolls through the statewide course catalog
906	912		[state virtual school network] may not exceed the lesser of:
907	913		(1) the cost of providing the course; or
908	914		(2) an amount set by the commissioner [$400].
909	915		(e) [(c-1)] A school district or [open-enrollment] charter
910	916		school that is not the course provider may charge a student enrolled
911	917		in the district or school a nominal fee, not to exceed the amount
912	918		specified by the commissioner, if the student enrolls in an
913	919		electronic course provided through the statewide course catalog
914	920		[state virtual school network] that exceeds the course load
915	921		normally taken by students in the equivalent grade level. A
916	922		juvenile probation department or state agency may charge a
917	923		comparable fee to a student under the supervision of the department
918	924		or agency.
919	925		(f) [(d)] Except as provided by this section, the state
920	926		virtual school network may not charge a fee to students for
921	927		electronic courses provided through the statewide course catalog
922	928		[network].
923	929		[(e) This chapter does not entitle a student who is not
924	930		enrolled on a full-time basis in a school district or
925	931		open-enrollment charter school to the benefits of the Foundation
926	932		School Program.]
927	933		SECTION 13. Chapter 30B, Education Code, as added by this
928	934		Act, is amended by adding Subchapter D to read as follows:
929	935		SUBCHAPTER D. FULL-TIME VIRTUAL SCHOOL
930	936		Sec. 30B.201. ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL
931	937		SCHOOL. (a) The commissioner may establish criteria for,
932	938		authorize the operation of, and approve an expansion of a full-time
933	939		virtual school under this subchapter.
934	940		(b) A school district or charter school is eligible to
935	941		operate a full-time virtual school under this subchapter only if
936	942		the district or school receives an overall performance rating of C
937	943		or higher under Section 39.054.
938	944		(c) A public or private institution of higher education is
939	945		eligible to operate a full-time virtual school under this
940	946		subchapter only if the institution:
941	947		(1) complies with all applicable federal and state
942	948		laws prohibiting discrimination;
943	949		(2) demonstrates financial solvency;
944	950		(3) provides evidence of prior successful experience
945	951		offering online education to students, with demonstrated student
946	952		success in course completion and performance, as determined by the
947	953		commissioner;
948	954		(4) has a charter granted under Subchapter D or E,
949	955		Chapter 12, authorized to provide a full-time virtual school; and
950	956		(5) has not been subject to contract revocation under
951	957		Section 30B.211.
952	958		(d) The commissioner may not authorize an entity to operate
953	959		more than one full-time virtual school under this subchapter.
954	960		(e) An entity that operates a full-time virtual school must
955	961		offer:
956	962		(1) at least one grade level in which an assessment
957	963		instrument is required to be administered under Section 39.023(a),
958	964		including each subject for which an assessment instrument is
959	965		required; or
960	966		(2) a complete high school program, including each
961	967		course for which an end-of-course assessment instrument is required
962	968		to be administered under Section 39.023(c).
963		-	(f) An entity that operates a full-time virtual school may
964		-	not offer a course or subject for a grade level below grade level
965		-	three.
966		-	(g) The provisions of this section may not be waived by the
	969	+	(f) The provisions of this section may not be waived by the
967	970		commissioner.
968	971		Sec. 30B.202. FULL-TIME VIRTUAL SCHOOL ENROLLMENT AND
969	972		ADMISSION. (a) The total number of students enrolled in full-time
970	973		virtual schools may not exceed:
971	974		(1) for the 2020-2021 school year, 120 percent of the
972	975		total number of students enrolled in full-time online programs
973	976		offered through the state virtual school network under former
974	977		Chapter 30A for the 2019-2020 school year; or
975	978		(2) for each school year after the 2020-2021 school
976	979		year, 102 percent of the total number of students enrolled in
977	980		full-time virtual schools for the preceding school year.
978	981		(b) To ensure compliance with the maximum number of enrolled
979	982		students under Subsection (a), the commissioner by rule shall
980	983		establish a method for determining the total number of students
981	984		that each full-time virtual school may enroll for a school year.
982	985		(c) If a full-time virtual school receives more acceptable
983	986		applications for admission than available positions in the school
984	987		for a school year, the school shall:
985	988		(1) fill the available positions by lottery;
986	989		(2) create a waitlist for any students not admitted
987	990		under Subdivision (1); and
988	991		(3) provide to the agency in accordance with
989	992		commissioner rule the number of students on the school's waitlist
990	993		under Subdivision (2), if applicable.
991	994		Sec. 30B.203. FULL-TIME VIRTUAL SCHOOL LIST. (a) The
992	995		agency shall:
993	996		(1) create a list of full-time virtual schools;
994	997		(2) publish in a prominent location on the state
995	998		virtual school network's Internet website a list of and contact and
996	999		waitlist information for all full-time virtual schools;
997	1000		(3) provide access to the accountability ratings of
998	1001		each full-time virtual school;
999	1002		(4) provide notice to each student enrolled in a
1000	1003		full-time virtual school and the student's parent of the name and
1001	1004		contact information of the operator of the full-time virtual school
1002	1005		in which the student is enrolled; and
1003	1006		(5) include any other information the commissioner
1004	1007		determines necessary to inform student choice.
1005	1008		(b) The agency shall provide students who have completed or
1006	1009		withdrawn from a full-time virtual school and their parents with a
1007	1010		method for providing comments regarding the school. The comment
1008	1011		method must include a quantitative rating system and a list of
1009	1012		verbal descriptors that a student or parent may select as
1010	1013		appropriate.
1011	1014		(c) The agency shall provide public access to the comments
1012	1015		submitted by students and parents under this section.
1013	1016		Sec. 30B.204. INDUCEMENTS FOR ENROLLMENT PROHIBITED.
1014	1017		(a) An entity that operates a full-time virtual school may not
1015	1018		promise or provide equipment or any other thing of value to a
1016	1019		student or a student's parent as an inducement for the student to
1017	1020		enroll in the full-time virtual school.
1018	1021		(b) The commissioner shall revoke an entity's authorization
1019	1022		to operate a full-time virtual school if the entity violates this
1020	1023		section.
1021	1024		(c) The commissioner's action under this section is final
1022	1025		and may not be appealed.
1023	1026		Sec. 30B.205. COMPULSORY ATTENDANCE. The commissioner by
1024	1027		rule shall adopt procedures for reporting and verifying the
1025	1028		attendance of a student enrolled in a full-time virtual school. The
1026	1029		rules may modify the application of Sections 25.085, 25.086, and
1027	1030		25.087 for a student enrolled in a full-time virtual school but must
1028	1031		require participation in an educational program equivalent to the
1029	1032		requirements prescribed by those sections.
1030	1033		Sec. 30B.206. APPLICABILITY OF ACCOUNTABILITY
1031	1034		REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual
1032	1035		school in the same manner that the chapter applies to a school
1033	1036		district or open-enrollment charter school.
1034	1037		(b) Each student enrolled in a subject or course in a
1035	1038		full-time virtual school must take each assessment instrument under
1036	1039		Section 39.023 that is administered to students who are provided
1037	1040		instruction in the subject or course material in the traditional
1038	1041		classroom setting. The administration of the assessment instrument
1039	1042		to the student enrolled in the full-time virtual school must be
1040	1043		supervised by a proctor.
1041	1044		(c) An entity that operates multiple full-time virtual
1042	1045		schools under contracts described by Section 30B.211 shall receive
1043	1046		an accountability rating for:
1044	1047		(1) each full-time virtual school as if the school
1045	1048		were a campus; and
1046	1049		(2) the entity as if the entity were a school district
1047	1050		or open-enrollment charter school and each full-time virtual school
1048	1051		were a campus of the district or school.
1049	1052		Sec. 30B.207. TEACHER AND INSTRUCTOR QUALIFICATIONS.
1050	1053		(a) Each teacher at a full-time virtual school must:
1051	1054		(1) be certified under Subchapter B, Chapter 21, to
1052	1055		teach that course and grade level; and
1053	1056		(2) successfully complete the appropriate
1054	1057		professional development course provided under Section 30B.116(a)
1055	1058		or 30B.117 before teaching at a full-time virtual school.
1056	1059		(b) The commissioner by rule shall establish procedures for
1057	1060		verifying successful completion by a teacher of the appropriate
1058	1061		professional development course required by Subsection (a)(2).
1059	1062		(c) The commissioner by rule shall establish qualifications
1060	1063		and professional development requirements applicable to college
1061	1064		instructors providing instruction in dual credit courses through a
1062	1065		full-time virtual school that allow a student to earn high school
1063	1066		credit and college credit or other credit.
1064	1067		Sec. 30B.208. FUNDING. (a) A full-time virtual school in
1065	1068		which a student described by Section 30B.002(1) is enrolled is
1066	1069		entitled to funding under Chapter 42 or in accordance with the terms
1067	1070		of a charter granted under Chapter 12 for the student's enrollment
1068	1071		in electronic courses in a full-time virtual school in the same
1069	1072		manner that the district or school is entitled to funding for the
1070	1073		student's enrollment in courses provided in a traditional classroom
1071	1074		setting, provided that the student successfully completes the
1072	1075		electronic course.
1073	1076		(b) A full-time virtual school may charge a fee for a
1074	1077		student who does not qualify under Section 30B.002(1).
1075	1078		Sec. 30B.209. ORIENTATION COURSE. Each full-time virtual
1076	1079		school shall require a student to take an orientation course before
1077	1080		enrolling in the school. The agency shall provide guidance
1078	1081		regarding the development and delivery of an orientation course.
1079	1082		Sec. 30B.210. PARENT-TEACHER CONFERENCE. (a) Each
1080	1083		full-time virtual school, on a periodic basis throughout each
1081	1084		school year, shall communicate with each parent of or person
1082	1085		standing in parental relation to an enrolled student regarding the
1083	1086		performance and progress of the student. The school shall:
1084	1087		(1) provide opportunities for parent-teacher
1085	1088		conferences;
1086	1089		(2) document any requests for parent-teacher
1087	1090		conferences; and
1088	1091		(3) permit students to participate in the
1089	1092		parent-teacher conferences.
1090	1093		(b) Parent-teacher conferences may be conducted in person
1091	1094		or through electronic means.
1092	1095		Sec. 30B.211. CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL
1093	1096		SERVICES. (a) A school district or charter school that contracts
1094	1097		with an entity to operate a full-time virtual school for the
1095	1098		district or school shall report to the agency:
1096	1099		(1) the identity of the contracted entity each year
1097	1100		the contracted entity operates the full-time virtual school; and
1098	1101		(2) information required to be reported under Section
1099	1102		42.006 regarding staff and finances as if the full-time virtual
1100	1103		school were a campus.
1101	1104		(b) A school district or charter school shall revoke a
1102	1105		contract with an entity to operate a full-time virtual school for
1103	1106		the district or school if the entity has received for the three most
1104	1107		recent school years a campus or district accountability rating of D
1105	1108		or F under Subchapter C, Chapter 39. A school district or charter
1106	1109		school shall include a contract revocation provision in each
1107	1110		contract entered into with an entity to operate a full-time virtual
1108	1111		school for the district or school under this section.
1109	1112		(c) The agency shall notify a district or school that the
1110	1113		district or school is subject to Subsection (b) if its full-time
1111	1114		virtual school campus has received for the three most recent school
1112	1115		years accountability ratings described by Subsection (b). Failure
1113	1116		to receive notice under this subsection does not affect the
1114	1117		requirement imposed on the district or school under Subsection (b).
1115	1118		(d) A school district or charter school may not contract
1116	1119		with an entity to operate a full-time virtual school for the
1117	1120		district or school if the contracted entity operated a full-time
1118	1121		virtual school for a district or school and the contracting entity
1119	1122		was subject to a contract revocation under Subsection (b) within
1120	1123		the preceding 10 years.
1121	1124		(e) The agency shall include a list of entities subject to a
1122	1125		contract revocation under Subsection (b) on the state virtual
1123	1126		school network Internet website.
1124	1127		(f) An entity under this section includes a corporate
1125	1128		affiliate or an entity that is substantially related to the entity.
1126	1129		(g) The commissioner may adopt rules to implement this
1127	1130		section.
1128	1131		(h) The provisions of this section may not be waived by the
1129	1132		commissioner.
1130	1133		Sec. 30B.212. INITIAL TERM OF OPERATION; PROCEDURE FOR
1131	1134		RENEWAL, DENIAL OF RENEWAL, AND EXPIRATION. (a) The initial term
1132	1135		of operation for a full-time virtual school is five years.
1133	1136		(b) The commissioner by rule shall develop a procedure for
1134	1137		the renewal, denial of renewal, and expiration of an authorization
1135	1138		to operate a full-time virtual school at the end of the
1136	1139		authorization's term. The procedure must include consideration of
1137	1140		the accountability rating under Chapter 39 of the full-time virtual
1138	1141		school.
1139	1142		(c) To renew an authorization to operate a full-time virtual
1140	1143		school at the end of a term of operation, the entity operating the
1141	1144		full-time virtual school shall submit a petition for renewal to the
1142	1145		commissioner in the time and manner developed under Subsection (b).
1143	1146		(d) The renewal term for a full-time virtual school under
1144	1147		this section is 10 years.
1145	1148		(e) Notwithstanding any other law, a determination by the
1146	1149		commissioner under this section is final and may not be appealed.
1147	1150		Sec. 30B.213. BASIS FOR REVOCATION OF FULL-TIME VIRTUAL
1148	1151		SCHOOL AUTHORIZATION. (a) The commissioner may revoke
1149	1152		authorization for an entity to operate a full-time virtual school
1150	1153		under this subchapter if the commissioner determines that:
1151	1154		(1) the school is not meeting the best interests of its
1152	1155		students; or
1153	1156		(2) the revocation is necessary to ensure that
1154	1157		full-time virtual schools are high quality.
1155	1158		(b) The commissioner shall revoke the authorization for an
1156	1159		entity to operate a full-time virtual school under this subchapter
1157	1160		if the entity has received for the three most recent years a campus
1158	1161		or district accountability rating of D or F under Subchapter C,
1159	1162		Chapter 39.
1160	1163		Sec. 30B.214. PROCEDURE FOR REVOCATION OR DENIAL OF
1161	1164		RENEWAL. (a) The commissioner shall adopt an informal procedure
1162	1165		for:
1163	1166		(1) revoking an authorization to operate a full-time
1164	1167		virtual school; and
1165	1168		(2) denying the renewal of an authorization to operate
1166	1169		a full-time virtual school.
1167	1170		(b) The procedure adopted under Subsection (a) must allow
1168	1171		representatives of the full-time virtual school to meet with the
1169	1172		commissioner to discuss the decision and allow the full-time
1170	1173		virtual school to submit additional information to the
1171	1174		commissioner. In a final decision issued by the commissioner, the
1172	1175		commissioner shall provide a written response to any information
1173	1176		the full-time virtual school submits under this subsection.
1174	1177		(c) A decision by the commissioner under this section is
1175	1178		final and may not be appealed.
1176	1179		Sec. 30B.215. EFFECT OF REVOCATION OR DENIAL OF RENEWAL OF
1177	1180		AUTHORIZATION TO OPERATE FULL-TIME VIRTUAL SCHOOL. If the
1178	1181		commissioner revokes or denies the renewal of an entity's
1179	1182		authorization to operate a full-time virtual school under this
1180	1183		subchapter, the school may not continue to operate or receive state
1181	1184		funds under this subchapter.
1182	1185		SECTION 14. Section 33.009(d), Education Code, is amended
1183	1186		to read as follows:
1184	1187		(d) An academy developed under this section must provide
1185	1188		counselors and other postsecondary advisors with knowledge and
1186	1189		skills to provide counseling to students regarding postsecondary
1187	1190		success and productive career planning and must include information
1188	1191		relating to:
1189	1192		(1) each endorsement described by Section
1190	1193		28.025(c-1), including:
1191	1194		(A) the course requirements for each
1192	1195		endorsement; and
1193	1196		(B) the postsecondary educational and career
1194	1197		opportunities associated with each endorsement;
1195	1198		(2) available methods for a student to earn credit for
1196	1199		a course not offered at the school in which the student is enrolled,
1197	1200		including enrollment in an electronic course provided through the
1198	1201		state virtual school network under Chapter 30B [30A];
1199	1202		(3) general academic performance requirements for
1200	1203		admission to an institution of higher education, including the
1201	1204		requirements for automatic admission to a general academic teaching
1202	1205		institution under Section 51.803;
1203	1206		(4) regional workforce needs, including information
1204	1207		about the required education and the average wage or salary for
1205	1208		careers that meet those workforce needs; and
1206	1209		(5) effective strategies for engaging students and
1207	1210		parents in planning for postsecondary education and potential
1208	1211		careers, including participation in mentorships and business
1209	1212		partnerships.
1210	1213		SECTION 15. Section 42.152(b-1), Education Code, is amended
1211	1214		to read as follows:
1212	1215		(b-1) A student receiving a full-time virtual education
1213	1216		[through the state virtual school network] may be included in
1214	1217		determining the number of educationally disadvantaged students
1215	1218		under Subsection (b) if the school district or full-time virtual
1216	1219		school submits to the commissioner a plan detailing the enhanced
1217	1220		services that will be provided to the student and the commissioner
1218	1221		approves the plan.
1219	1222		SECTION 16. The following provisions of the Education Code
1220	1223		are repealed:
1221	1224		(1) the heading to Chapter 30A;
1222	1225		(2) the heading to Subchapter A, Chapter 30A;
1223	1226		(3) Section 30A.006;
1224	1227		(4) the heading to Subchapter B, Chapter 30A;
1225	1228		(5) Section 30A.053;
1226	1229		(6) Section 30A.055;
1227	1230		(7) Section 30A.056;
1228	1231		(8) the heading to Subchapter C, Chapter 30A;
1229	1232		(9) Section 30A.1042;
1230	1233		(10) the heading to Subchapter D, Chapter 30A; and
1231	1234		(11) Section 30A.152.
1232	1235		SECTION 17. This Act applies beginning with the 2020-2021
1233	1236		school year.
1234	1237		SECTION 18. The Texas Education Agency is required to
1235	1238		implement a provision of this Act only if the legislature
1236	1239		appropriates money specifically for that purpose. If the
1237	1240		legislature does not appropriate money specifically for that
1238	1241		purpose, the Texas Education Agency may, but is not required to,
1239	1242		implement a provision of this Act using other appropriations
1240	1243		available for that purpose.
1241	1244		SECTION 19. This Act takes effect immediately if it
1242	1245		receives a vote of two-thirds of all the members elected to each
1243	1246		house, as provided by Section 39, Article III, Texas Constitution.
1244	1247		If this Act does not receive the vote necessary for immediate
1245	1248		effect, this Act takes effect September 1, 2019.
	1249	+	* * * * *