87R17737 MLH-F
By: Bell of Kaufman, Huberty, Toth, H.B. No. 1468
González of El Paso, Dutton, et al.
Substitute the following for H.B. No. 1468:
By: Bell of Kaufman C.S.H.B. No. 1468
A BILL TO BE ENTITLED
AN ACT
relating to a local remote learning program offered by a public
school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.092, Education Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) A school district or open-enrollment charter school
may adopt a policy to exempt students from the requirements of this
section for one or more courses identified in the policy that are
offered under a local remote learning program under Section
29.9091.
SECTION 2. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9091 to read as follows:
Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) In this
section, "synchronous instruction" means instruction provided in a
manner in which the instructor and the student are engaged at the
same time with the ability to interact in real time.
(b) A school district or open-enrollment charter school may
establish a local remote learning program to offer synchronous
virtual courses outside the state virtual school network under
Chapter 30A to eligible students.
(c) A virtual course offered under a local remote learning
program:
(1) must be provided through synchronous instruction;
and
(2) may be provided in combination with in-person
instruction as appropriate to meet the needs of individual
students.
(d) A student is eligible to enroll in a virtual course
offered under a local remote learning program if the student:
(1) was enrolled in a public school in this state in
the preceding school year;
(2) is enrolled in a school district or
open-enrollment charter school in grade level three or above;
(3) has reasonable access to in-person services for
the course at a district or school facility; and
(4) meets any additional criteria, including minimum
academic standards, established by the school district or
open-enrollment charter school in which the student is enrolled.
(e) A school district or open-enrollment charter school
that offers a local remote learning program:
(1) shall periodically assess the performance of
students enrolled in virtual courses under the program; and
(2) may remove a student from virtual courses under
the program and return the student to in-person instruction if the
district or school determines that the student does not meet the
criteria described by Subsection (d).
(f) A school district or open-enrollment charter school may
contract with another school district or open-enrollment charter
school to allow a student enrolled in the sending district or school
to enroll in virtual courses offered under the local remote
learning program of the receiving district or school. A student
enrolled in virtual courses under an agreement described by this
subsection is considered enrolled in the sending district or school
for purposes of average daily attendance and accountability under
Chapters 39 and 39A.
(g) An assessment instrument administered under Section
39.023 or 39.025 to a student enrolled in a virtual course offered
under a local remote learning program shall be administered to the
student in the same manner in which the assessment instrument is
administered to other school district or open-enrollment charter
school students.
(h) If a school district or open-enrollment charter school
offers virtual courses under a local remote learning program for
students receiving special education services, the courses must
meet the needs of a participating student in a manner consistent
with Subchapter A of this chapter and with 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).
(i) A school district or open-enrollment charter school may
not require a teacher to provide both virtual instruction and
in-person instruction for a course during the same class period.
(j) A student enrolled in a virtual course offered under a
local remote learning program may participate in an extracurricular
activity sponsored or sanctioned by the school district or
open-enrollment charter school in which the student is enrolled or
by the University Interscholastic League in the same manner as
other district or school students.
(k) A student enrolled in a virtual course offered under a
local remote learning program shall be counted toward the school
district's or open-enrollment charter school's average daily
attendance in the same manner as other district or school students.
The commissioner shall adopt rules providing for a method of taking
attendance, once each school day, for students enrolled in a
virtual course offered under a local remote learning program.
(l) Chapter 30A does not apply to a virtual course offered
under a local remote learning program.
SECTION 3. Section 39.301(c), Education Code, is amended to
read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; [and]
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course; and
(13) for each school district and campus, the
performance of students who spend at least half of the students'
instructional time in virtual courses offered under a local remote
learning program under Section 29.9091.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. 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, 2021.