By: Bell of Kaufman, Huberty, Toth, H.B. No. 1468
González of El Paso, Dutton, et al.
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. This subsection expires September 1, 2027.
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.
(m) This section expires September 1, 2027.
SECTION 3. Section 39.301, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) In addition to the indicators described by Subsection
(c), the indicators for reporting purposes must include, 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. This subsection expires September 1, 2027.
SECTION 4. Section 48.053, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) This subsection applies only to a special-purpose
district described by Subsection (a) that existed before September
1, 2019. For a district to which this subsection applies, the
commissioner shall establish an asynchronous progression funding
method that may be used to determine the amount of the district's
entitlement under Subsection (b) based on full and partial semester
course completion.
SECTION 5. This Act applies beginning with the 2021-2022
school year.
SECTION 6. 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.