By: West S.B. No. 1389
A BILL TO BE ENTITLED
AN ACT
relating to remote learning programs provided by school districts
and the calculation of average daily attendance in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.081, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A school district or open-enrollment charter school
may include any minutes provided through a remote learning program
under Subchapter O, Chapter 29, in the minutes of operation
required by Subsection (a).
SECTION 2. Chapter 29, Education Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. SCHOOL DISTRICT REMOTE LEARNING PROGRAM
Sec. 29.601. DEFINITION. In this subchapter, "remote
learning" means instruction or a course offered by a school
district or open-enrollment charter school in which:
(1) instruction and content are delivered
primarily over the internet;
(2) the student and teacher are in different
locations for a majority of the instructional period;
(3) most instructional activities take place in
an online environment; and
(4) the student is not required to be located on
the physical premises of a school district to receive the
instruction.
Sec. 29.602 ESTABLISHMENT OF REMOTE LEARNING PROGRAM. (a)
A school district or open-enrollment charter school may establish a
remote learning program in which the district provides instruction
through remote learning to a student eligible under Section 29.603
or 20.604(b).
(b) A school district or open-enrollment charter school
that establishes a program under Subsection (a) must ensure that a
participating student makes annual progress toward grade
completion or graduation.
(c) If a school district or open-enrollment charter school
offers remote instruction for students receiving special education
services, the program must meet the needs of a participating
student in a manner consistent with Subchapter A and federal law,
including the Individuals with Disabilities Education Act (20
U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of
1973 (29 U.S.C. Section 794).
(d) A school district or open-enrollment charter school may
enroll a student in a remote learning program for a limited
instructional time of the student's total instructional time and
provide the remaining instruction to the student in a traditional
classroom setting.
(e) A school district or open-enrollment charter school
shall adopt procedures for reporting and verifying the attendance
of a student enrolled in a remote learning program. The rules may
modify the application of Sections 25.085, 25.086, 25.087 for a
student enrolled in a remote learning program but must require
active participation by the student in the program.
(f) The agency may not require a school district to use a
specific curriculum provided or determined by the agency for remote
learning.
Sec. 29.603. STUDENT ELIGIBILITY FOR REMOTE LEARNING. Any
student enrolled in a school district or open-enrollment charter
school is eligible to enroll in a remote learning program under the
subchapter if the district offers the program.
Sec. 29.604. ENROLLMENT OF STUDENTS FOR SPECIAL EDUCATION
SERVICES. (a) A district or open enrollment charter school may
enroll a student in a remote learning program if the district or
open enrollment charter school provides for in person special
education services under Subchapter A to any student enrolled in
the remote learning program who is eligible or who may in the future
be identified as being eligible to receive services under
Subchapter A.
(b) Notwithstanding Section 29.603, a school district may
enroll a student in the district's remote learning program who
would not otherwise qualify if:
(1) the district enters into an agreement with the
school district in which the student would otherwise be enrolled to
provide remote learning to that student, and
(2) the agreement provides that a student
participating in the remote learning program that is eligible for
in-person special education services under Subchapter A shall
receive those services from the school district in which the
student would otherwise be enrolled.
Sec. 29.605. REMOTE LEARNING INSTRUCTION OR COURSE
COMPLETION. (a) Except as provided by Subsection (b), for a student
to successfully complete instruction or courses provided through a
remote learning program, the student's classroom teacher must
determine that the student demonstrates academic proficiency of the
content for the curriculum or course under the district's grading
policy sufficient to:
(1) for a student in high school, receive credit
for the course; or
(2) for a student enrolled in elementary or
middle school grades, be promoted to the next grade level.
(b) If a student is enrolled in a remote learning program
for a limited instructional time, the student's classroom teacher
must determine whether the student successfully completes the
instruction or course based on the student's demonstrated academic
proficiency of the content for the curriculum or course delivered
during the student's instructional time provided through remote
learning.
Sec. 29.606. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to remote learning
instruction or courses in the same manner that chapter applies to
any other instruction or course offered by a school district.
(b) Each student enrolled in a remote learning program under
this subchapter must take any assessment instrument required under
Section 39.023.
(c) A school district or open enrollment charter school
shall report to the commissioner through the Public Education
Information Management System (PEIMS) the results of assessment
instruction administered to students enrolled in remote learning
instruction or courses separately from the results of assessment
instruments administered to other students.
Sec. 29.607 FOUNDATION SCHOOL PROGRAM FUNDING. A school
district is entitled to funding under Chapter 48 for a student
enrolled in a remote learning program in the same manner that the
district is entitled to funding for the student's enrollment in a
traditional classroom setting, provided that the student
successfully completes the remote learning instruction or course.
Sec. 29.608. Extra-Curricular Activities for Remote
Learning Student. A student participating in local remote learning
may participate in University Interscholastic League or other
extra-curricular activities at the physical campus at which the
student is enrolled in accordance with local district or charter
policy.
Sec. 29.609. COMMISSIONER AUTHORITY. The commissioner may
not waive a provision of this subchapter.
SECTION 3. Chapter 34, Education Code is amended by adding
Section 34.016 to read as follows:
Sec. 34.016 TRANSPORTATION FOR STUDENTS PARTICIPATING IN
REMOTE LEARNING. (a) A student participating in a remote learning
program provided by a school district under subchapter O, Chapter
29, is eligible for transportation services under this chapter.
SECTION 4. Section 48.005, Education Code, is amended by
adding Section 48.005 (h-1) which reads as follows:
(h-1) Students participating in local remote learning under
Subchapter O, Chapter 21 shall be counted towards average
attendance for the portion of the school year in which the student
is enrolled by using the average daily attendance rate for the
district or charter as a whole. A student participating in local
remote learning shall be considered as in full or half-time
attendance based on the coursework in which the student is enrolled
in the same manner as students solely attending a school facility.
All funding allotments in this code apply to a student
participating in local remote learning in the same manner as for a
student served entirely at a school facility. Nothing in this
subsection shall be construed to count any student as in more than
full-time attendance.
SECTION 5. This Act takes effect September 1, 2021.