By: Hughes S.B. No. 1194
A BILL TO BE ENTITLED
AN ACT
relating to academic accountability ratings for certain school
districts, open-enrollment charter schools, and contracted
entities that offer full-time online programs through the state
virtual school network and revocation of approval to operate or
contract to operate those programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 30A, Education Code, is
amended by adding Sections 30A.1011 and 30A.1012 to read as
follows:
Sec. 30A.1011. CONTRACTING FOR FULL-TIME ONLINE PROGRAM.
(a) A school district or open-enrollment charter school that
contracts with an entity to operate a full-time online program for
the district or school shall report to the agency:
(1) the identity of the contracted entity each year
the contracted entity operates the full-time online program; and
(2) information required to be reported under Section
48.008 regarding staff and finances as if the full-time online
program were a campus.
(b) A school district or open-enrollment charter school
shall revoke a contract with an entity to operate a full-time online
program for the district or school if the entity has received for
the three most recent school years a campus or district
accountability rating of D or F under Subchapter C, Chapter 39. A
school district or open-enrollment charter school shall include a
contract revocation provision in each contract entered into with an
entity to operate a full-time online program for the district or
school under this section.
(c) The agency shall notify a school district or
open-enrollment charter school that the district or school is
subject to Subsection (b) if its full-time online program has
received for the three most recent school years accountability
ratings described by that subsection. Failure to receive notice
under this subsection does not affect the requirement imposed on
the district or school under Subsection (b).
(c-1) For purposes of Subsections (b) and (c), an
accountability rating for a school year before the 2020-2021 school
year may not be considered. This subsection expires September 1,
2023.
(d) A school district or open-enrollment charter school may
not contract with an entity to operate a full-time online program
for the district or school if the contracted entity operated a
full-time online program for a district or school and the
contracting entity was subject to a contract revocation under
Subsection (b) within the preceding 10 years.
(e) The administering authority shall include a list of
entities subject to a contract revocation under Subsection (b) on
the state virtual school network Internet website.
(f) An entity under this section includes a corporate
affiliate or an entity that is substantially related to the entity.
(g) The provisions of this section may not be waived by the
commissioner.
Sec. 30A.1012. REVOCATION OF APPROVAL FOR FULL-TIME ONLINE
PROGRAM. If the commissioner revokes approval for a school
district or open-enrollment charter school to operate a full-time
online program under this chapter, the district or school may not
operate a full-time online program under this chapter during the
10-year period following the revocation.
SECTION 2. Section 30A.110, Education Code, is amended by
adding Subsections (d), (d-1), and (d-2) to read as follows:
(d) An entity that operates a full-time online program shall
receive an accountability rating under Chapter 39. An entity that
operates multiple full-time online programs shall receive an
accountability rating for:
(1) each full-time online program as if the program
were a campus; and
(2) the entity as if the entity were a school district
or open-enrollment charter school and each full-time online program
were a campus of the district or school.
(d-1) This subsection applies only to a school district or
open-enrollment charter school that provides instruction to
students while students are located on the physical premises of a
district or school campus and provides separate instruction to
students enrolled full-time in courses provided through a district
or school full-time online program. In determining the performance
ratings under Section 39.054 of a school district or
open-enrollment charter school subject to this subsection, the
commissioner shall evaluate the performance of students enrolled in
a district or school full-time online program separately from the
performance of other district or school students and assign:
(1) separate district or school overall and domain
performance ratings for the district's or school's full-time online
program; and
(2) separate campus overall and domain performance
ratings for each full-time online program.
(d-2) Subsection (d-1) and this subsection expire September
1, 2023.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. 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.