87R10284 ANG-D
By: Taylor S.B. No. 27
A BILL TO BE ENTITLED
AN ACT
relating to the state virtual school network; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.001(b), Education Code, is amended to
read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [30A],
this code does not apply to students, facilities, or programs under
the jurisdiction of [the Department of Aging and Disability
Services,] the Department of State Health Services, the Health and
Human Services Commission, the Texas Juvenile Justice Department,
the Texas Department of Criminal Justice, a Job Corps program
operated by or under contract with the United States Department of
Labor, or any juvenile probation agency.
SECTION 2. Section 7.0561(f), Education Code, is amended to
read as follows:
(f) In consultation with interested school districts,
[open-enrollment] charter schools, and other appropriate
interested persons, the commissioner shall adopt rules applicable
to the consortium, according to the following principles for a next
generation of higher performing public schools:
(1) engagement of students in digital learning,
including engagement through the use of electronic textbooks and
instructional materials adopted under Subchapters B and B-1,
Chapter 31, and courses offered through the state virtual school
network under Chapter 30B [Subchapter 30A];
(2) emphasis on learning standards that focus on
high-priority standards identified in coordination with districts
and charter schools participating in the consortium;
(3) use of multiple assessments of learning capable of
being used to inform students, parents, districts, and charter
schools on an ongoing basis concerning the extent to which learning
is occurring and the actions consortium participants are taking to
improve learning; and
(4) reliance on local control that enables communities
and parents to be involved in the important decisions regarding the
education of their children.
SECTION 3. Section 25.007(b), Education Code, is amended to
read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, electronic
courses provided under Chapter 30B [30A], and after-school tutoring
programs at nominal or no cost;
(6) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(7) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(8) encouraging school districts and open-enrollment
charter schools to provide services for a student who is homeless or
in substitute care in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study;
(9) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021;
(G) use of corporal punishment as provided by
Section 37.0011; and
(H) appointment of a surrogate parent for the
child under Section 29.0151;
(11) developing procedures for allowing a student who
is homeless or in substitute care who was previously enrolled in a
course required for graduation the opportunity, to the extent
practicable, to complete the course, at no cost to the student,
before the beginning of the next school year;
(12) ensuring that a student who is homeless or in
substitute care who is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district, has the student's course
credit accrual and personal graduation plan reviewed;
(13) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
(14) designating at least one agency employee to act
as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(15) providing other assistance as identified by the
agency.
SECTION 4. Section 26.0031, Education Code, is amended to
read as follows:
Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL
NETWORK STATEWIDE COURSE CATALOG. (a) At the time and in the
manner that a school district or [open-enrollment] charter school
informs students and parents about courses that are offered in the
district's or school's traditional classroom setting, the district
or school shall notify parents and students of the option to enroll
in an electronic course offered through the state virtual school
network statewide course catalog under Chapter 30B [30A].
(b) Except as provided by Subsection (c), a school district
or [open-enrollment] charter school in which a student is enrolled
as a full-time student may not deny the request of a parent of a
student to enroll the student in an electronic course offered
through the state virtual school network statewide course catalog
under Chapter 30B [30A].
(c) A school district or [open-enrollment] charter school
may deny a request to enroll a student in an electronic course if:
(1) a high school student attempts to enroll in a
course load that is inconsistent with the student's high school
graduation plan or requirements for college admission or earning an
industry certification; or
(2) the student requests permission to enroll in an
electronic course at a time that is not consistent with the
enrollment period established by the school district or
[open-enrollment] charter school providing the course[; or
[(3) the district or school offers a substantially
similar course].
[(c-1) A school district or open-enrollment charter school
may decline to pay the cost for a student of more than three
yearlong electronic courses, or the equivalent, during any school
year. This subsection does not:
[(1) limit the ability of the student to enroll in
additional electronic courses at the student's cost; or
[(2) apply to a student enrolled in a full-time online
program that was operating on January 1, 2013.]
(d) Notwithstanding Subsection (c)(2), a school district or
[open-enrollment] charter school that provides an electronic
course through the state virtual school network statewide course
catalog under Chapter 30B [30A] shall make all reasonable efforts
to accommodate the enrollment of a student in the course under
special circumstances.
(e) A parent may appeal to the commissioner a school
district's or [open-enrollment] charter school's decision to deny a
request to enroll a student in an electronic course offered through
the state virtual school network statewide course catalog. The
commissioner's decision under this subsection is final and may not
be appealed.
(f) A school district or [open-enrollment] charter school
from which a parent of a student requests permission to enroll the
student in an electronic course offered through the state virtual
school network statewide course catalog under Chapter 30B [30A] has
discretion to select a course provider approved by the agency
[network's administering authority] for the course in which the
student will enroll based on factors including the informed choice
report in Section 30B.112(b) [30A.108(b)].
SECTION 5. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 30B, and a heading is added to that chapter to
read as follows:
CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG
AND FULL-TIME VIRTUAL SCHOOLS
SECTION 6. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 7. Sections 30A.001, 30A.002, 30A.003, 30A.004,
30A.005, and 30A.007, Education Code, are transferred to Subchapter
A, Chapter 30B, Education Code, as added by this Act, redesignated
as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and
30B.006, Education Code, and amended to read as follows:
Sec. 30B.001 [30A.001]. DEFINITIONS. In this chapter:
(1) ["Administering authority" means the entity
designated under Section 30A.053 to administer the state virtual
school network.
[(2)] "Board" means the State Board of Education.
(2) [(3)] "Course" means a course of study that meets
the requirements of Section 30B.105 [30A.104].
(3) [(4)] "Electronic course" means a course in which:
(A) instruction and content are delivered
primarily over the Internet;
(B) a student and teacher are in different
locations for a majority of the student's instructional period;
(C) most instructional activities take place in
an online environment;
(D) the online instructional activities are
integral to the academic program;
(E) extensive communication between a student
and a teacher and among students is emphasized; and
(F) a student is not required to be located on the
physical premises of a school district or [open-enrollment] charter
school.
(4) [(5) "Electronic diagnostic assessment" means a
formative or instructional assessment used in conjunction with an
electronic course to ensure that:
[(A) a teacher of an electronic course has
information related to a student's academic performance in that
course; and
[(B) a student enrolled in an electronic course
makes documented progress in mastering the content of the course.
[(6)] "Electronic professional development course"
means a professional development course in which instruction and
content are delivered primarily over the Internet.
(5) "Full-time virtual school" means a campus
authorized by the commissioner to provide a full-time virtual
school program to enrolled students under this chapter.
(6) [(7)] "Course provider" means:
(A) a school district or [open-enrollment]
charter school that provides an electronic course through the
statewide course catalog [state virtual school network] to:
(i) students enrolled in that district or
school; or
(ii) students enrolled in another [school]
district or school;
(B) a public or private institution of higher
education, nonprofit entity, or private entity that provides a
course through the statewide course catalog [state virtual school
network]; or
(C) an entity that provides an electronic
professional development course through the state virtual school
network.
(7) [(8)] "Public or private institution of higher
education" means an institution of higher education or a private or
independent institution of higher education, as those terms are
defined by Section 61.003 [20 U.S.C. Section 1001].
(8) "Statewide course catalog" means a program of
supplemental courses offered by state-approved course providers
that is delivered through the state virtual school network.
Sec. 30B.002 [30A.002]. STUDENT ELIGIBILITY. (a) A student
is eligible to enroll in a course provided through the statewide
course catalog or in a full-time [state] virtual school [network]
only if [the student]:
(1) the student [on September 1 of the school year:
[(A) is younger than 21 years of age; or
[(B) is younger than 26 years of age and entitled
to the benefits of the Foundation School Program under Section
48.003;
[(2) has not graduated from high school; and
[(3)] is [otherwise] eligible to enroll in a public
school in this state; or
(2) the student does not qualify under Subdivision
(1), including a student who is an adult or who resides in another
state or country, and the student pays fees in accordance with this
chapter.
(b) [A student is eligible to enroll full-time in courses
provided through the state virtual school network only if the
student:
[(1) was enrolled in a public school in this state in
the preceding school year;
[(2) is a dependent of a member of the United States
military who has been deployed or transferred to this state and was
enrolled in a publicly funded school outside of this state in the
preceding school year; or
[(3) has been placed in substitute care in this state,
regardless of whether the student was enrolled in a public school in
this state in the preceding school year.
[(c)] Notwithstanding Subsection (a)(1) [(a)(3) or (b)], a
student who enrolled in a course [is eligible to enroll in one or
more courses] provided through the statewide course catalog [state
virtual school network] or in a [enroll] full-time virtual school
may remain enrolled in that course or school for the duration of the
course or school year, as applicable, [in courses provided through
the network] if, during the course or school year, the student
becomes ineligible to enroll in a course or school under Subsection
(a)(1) because the student:
(1) is a dependent of a member of the United States
military; and
(2) no longer resides [was previously enrolled in high
school in this state; and
[(3) does not reside] in this state due to a military
deployment or transfer.
Sec. 30B.003 [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR
INTERNET SERVICE. This chapter does not:
(1) require a school district, a [an open-enrollment]
charter school, a course provider, a full-time virtual school, or
the state to provide a student with home computer equipment or
Internet access for a course provided through the state virtual
school network; or
(2) prohibit a school district or [open-enrollment]
charter school from providing a student with home computer
equipment or Internet access for a course provided through the
state virtual school network.
Sec. 30B.004 [30A.004]. APPLICABILITY OF CHAPTER. (a)
Except as provided by Subsection (c), this chapter does not affect
the provision of a course to a student while the student is located
on the physical premises of a school district or [open-enrollment]
charter school.
(b) [This chapter does not affect the provision of distance
learning courses offered under other law.
[(b-1)] Requirements imposed by or under this chapter do not
apply to a virtual course provided by a school district only to
district students if the course is not provided as part of the state
virtual school network.
(c) A school district or [open-enrollment] charter school
may choose to participate in providing an electronic course or an
electronic diagnostic assessment under this chapter to a student
who is located on the physical premises of a school district or
[open-enrollment] charter school.
Sec. 30B.005 [30A.005]. TELECOMMUNICATIONS OR INFORMATION
SERVICES NETWORK NOT CREATED. This chapter does not create or
authorize the creation of a telecommunications or information
services network.
Sec. 30B.006 [30A.007]. LOCAL POLICY ON ELECTRONIC
COURSES. (a) A school district or [open-enrollment] charter
school shall adopt a written policy that provides district or
school students with the opportunity to enroll in electronic
courses provided through the statewide course catalog [state
virtual school network]. The policy must be consistent with the
requirements imposed by Section 26.0031.
(b) [(a-1)] A school district or [open-enrollment] charter
school shall, at least once per school year, send to a parent of
each district or school student enrolled at the middle or high
school level a copy of the policy adopted under Subsection (a). A
district or school may send the policy with any other information
that the district or school sends to a parent.
(c) [(b)] For purposes of a policy adopted under Subsection
(a), the determination of whether or not an electronic course will
meet the needs of a student with a disability shall be made by the
student's admission, review, and dismissal committee in a manner
consistent with state 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).
SECTION 8. Subchapter A, Chapter 30B, Education Code, as
added by this Act, is amended by adding Section 30B.007 to read as
follows:
Sec. 30B.007. GRANTS AND FEDERAL FUNDS. (a) The
commissioner may solicit and accept a gift, grant, or donation from
any source for the implementation of the statewide course catalog
and full-time virtual schools.
(b) The commissioner may accept federal funds for purposes
of this chapter and shall use those funds in compliance with
applicable federal law, regulations, and guidelines.
SECTION 9. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
SECTION 10. Sections 30A.051, 30A.052, and 30A.054,
Education Code, are transferred to Subchapter B, Chapter 30B,
Education Code, as added by this Act, redesignated as Sections
30B.051, 30B.052, and 30B.053, Education Code, and amended to read
as follows:
Sec. 30B.051 [30A.051]. GOVERNANCE [OF NETWORK]. (a) The
commissioner shall:
(1) administer the state virtual school network
statewide course catalog and full-time virtual schools; and
(2) ensure:
(A) high-quality education for students in this
state who are being educated through electronic courses provided
through the statewide course catalog or a full-time virtual school
[state virtual school network]; and
(B) equitable access by students to those courses
and schools.
(b) The commissioner may adopt rules necessary to implement
this chapter.
[(c) To the extent practicable, the commissioner shall
solicit advice from school districts concerning:
[(1) administration of the state virtual school
network; and
[(2) adoption of rules under Subsection (b).]
Sec. 30B.052 [30A.052]. GENERAL POWERS AND DUTIES OF
COMMISSIONER. (a) The commissioner shall prepare or provide for
preparation of a biennial budget request for the state virtual
school network statewide course catalog and full-time virtual
schools for presentation to the legislature.
(b) The commissioner has exclusive jurisdiction over the
assets of the network and shall administer and spend appropriations
made for the benefit of the network.
[(c) The commissioner shall employ a limited number of
administrative employees in connection with the network.]
Sec. 30B.053 [30A.054]. STUDENT PERFORMANCE INFORMATION.
To the extent permitted under the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner
shall make information relating to the performance of students
enrolled in electronic courses through the statewide course catalog
or a full-time virtual school under this chapter available to
school districts, [open-enrollment] charter schools, and the
public.
SECTION 11. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter C, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER C. STATEWIDE COURSE CATALOG
SECTION 12. Sections 30A.101, 30A.102, 30A.1021, 30A.103,
30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107,
30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113,
30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code,
are transferred to Subchapter C, Chapter 30B, Education Code, as
added by this Act, redesignated as Sections 30B.101, 30B.102,
30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109,
30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116,
30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123,
Education Code, and amended to read as follows:
Sec. 30B.101 [30A.101]. ELIGIBILITY TO ACT AS COURSE
PROVIDER. (a) A school district or [open-enrollment] charter school
is eligible to act as a course provider through the statewide course
catalog [under this chapter] only if the district or school
receives an overall performance rating of C or higher [is rated
acceptable] under Section 39.054.
(b) [An open-enrollment charter school may serve as a course
provider only:
[(1) to a student within its service area; or
[(2) to another student in the state:
[(A) through an agreement with the school district
in which the student resides; or
[(B) if the student receives educational services
under the supervision of a juvenile probation department, the Texas
Juvenile Justice Department, or the Texas Department of Criminal
Justice, through an agreement with the applicable agency.
[(c)] A public or private institution of higher education,
nonprofit entity, private entity, or corporation is eligible to act
as a course provider through the statewide course catalog [under
this chapter] only if the institution, [nonprofit] entity, [private
entity,] or corporation:
(1) complies with all applicable federal and state
laws prohibiting discrimination;
(2) demonstrates financial solvency; [and]
(3) provides evidence of prior successful experience
offering online education [courses] to [middle or high school]
students, with demonstrated student success in course completion
and performance, as determined by the commissioner; and
(4) complies with any other criteria established by
the commissioner.
(c) [(d)] An entity other than a school district or
[open-enrollment] charter school is not authorized to award course
credit or a diploma for courses taken through the statewide course
catalog [state virtual school network].
Sec. 30B.102 [30A.102]. LISTING OF ELECTRONIC COURSES.
(a) The agency [administering authority] shall:
(1) publish the criteria required by Section 30B.104
[30A.103] for electronic courses that may be offered through the
statewide course catalog [state virtual school network];
(2) using the criteria required by Section 30B.104
[30A.103], evaluate electronic courses submitted by a course
provider to be offered through the statewide course catalog
[network];
(3) create a list of electronic courses approved by
the agency [administering authority]; and
(4) publish in a prominent location on the state
virtual school network's Internet website the list of approved
electronic courses offered through the statewide course catalog
[network] and a detailed description of the courses that complies
with Section 30B.112 [30A.108].
(b) To ensure that a full range of electronic courses,
including advanced placement courses, are offered to students in
this state, the agency [administering authority]:
(1) shall create a list of those subjects and courses
designated by the board under Subchapter A, Chapter 28, for which
the board has identified essential knowledge and skills or for
which the board has designated content requirements under
Subchapter A, Chapter 28;
(2) shall enter into agreements with school districts,
[open-enrollment] charter schools, public or private institutions
of higher education, and other eligible entities for the purpose of
offering the courses through the statewide course catalog [state
virtual school network]; [and]
(3) may develop or authorize the development of
additional electronic courses that:
(A) are needed to complete high school graduation
requirements; and
(B) are not otherwise available through the
statewide course catalog; and
(4) may develop or authorize the development of an
orientation course [state virtual school network].
(c) The agency [administering authority] shall develop a
comprehensive course numbering system for all courses offered
through the statewide course catalog [state virtual school network]
to ensure, to the greatest extent possible, consistent numbering of
similar courses offered across all course providers.
Sec. 30B.103 [30A.1021]. PUBLIC ACCESS TO USER COMMENTS
REGARDING ELECTRONIC COURSES. (a) The agency [administering
authority] shall provide students who have completed or withdrawn
from electronic courses offered through the statewide course
catalog [virtual school network] and their parents with a mechanism
for providing comments regarding the courses.
(b) The mechanism required by Subsection (a) must include a
quantitative rating system and a list of verbal descriptors that a
student or parent may select as appropriate.
(c) The agency [administering authority] shall provide
public access to the comments submitted by students and parents
under this section. The comments must be in a format that permits a
person to sort the comments by teacher, electronic course, and
course provider.
Sec. 30B.104 [30A.103]. CRITERIA FOR ELECTRONIC COURSES.
(a) The commissioner [board] by rule shall establish [an] objective
standard criteria for an electronic course to ensure alignment with
the essential knowledge and skills requirements identified or
content requirements established under Subchapter A, Chapter 28.
The criteria may not permit the agency [administering authority] to
prohibit a course provider from applying for approval for an
electronic course for a course for which essential knowledge and
skills have been identified.
(b) The criteria must be consistent with Section 30B.105
[30A.104] and may not include any requirements that are
developmentally inappropriate for students.
(c) The commissioner by rule may:
(1) establish additional quality-related criteria for
electronic courses; and
(2) provide for a period of public comment regarding
the criteria.
(d) The criteria must be in place at least six months before
the agency [administering authority] uses the criteria in
evaluating an electronic course under Section 30B.107 [30A.105].
Sec. 30B.105 [30A.104]. COURSE ELIGIBILITY IN GENERAL.
(a) A course offered through the statewide course catalog [state
virtual school network] must:
(1) be in a specific subject that is part of the
required curriculum under Section 28.002(a);
(2) be aligned with the essential knowledge and skills
identified under Section 28.002(c) for the [a] grade level [at or
above grade level three]; and
(3) be the equivalent in instructional rigor and scope
to a course that is provided in a traditional classroom setting
during a semester of 90 instructional days.
(b) If the essential knowledge and skills with which an
approved course is aligned in accordance with Subsection (a)(2) are
modified, the course provider must be provided the same [time]
period to revise the course to achieve alignment with the modified
essential knowledge and skills as is provided for the modification
of a course provided in a traditional classroom setting.
Sec. 30B.106 [30A.1041]. DRIVER EDUCATION COURSES. (a) A
school district, [open-enrollment] charter school, public or
private institution of higher education, or other eligible entity
may seek approval to offer through the statewide course catalog
[state virtual school network] the classroom portion of a driver
education and traffic safety course that complies with the
requirements for the program developed under Section 29.902.
(b) A school district, [open-enrollment] charter school,
public or private institution of higher education, or other
eligible entity may not offer through the statewide course catalog
[state virtual school network] the laboratory portion of a driver
education and traffic safety course.
(c) A driver education and traffic safety course offered in
compliance with this section must be the equivalent in
instructional rigor and scope to a course that is provided in a
traditional classroom setting for a period of 56 hours.
Sec. 30B.107 [30A.105]. APPROVAL OF ELECTRONIC COURSES.
(a) The agency [administering authority] shall:
(1) establish a submission and approval process for
electronic courses that occurs on a rolling basis; and
(2) evaluate or provide for the evaluation by one or
more organizations designated by the agency of electronic courses
to be offered through the statewide course catalog or a full-time
[state] virtual school [network].
(b) [(a-1)] The agency [administering authority] shall
publish the submission and approval process for electronic courses
established under Subsection (a)(1), including any deadlines and
guidelines applicable to the process.
(c) [(a-2)] The evaluation required by Subsection (a)(2)
must include review of each electronic course component, including
off-line material proposed to be used in the course.
(d) [(b)] The agency [administering authority] shall
establish the cost of providing an electronic course approved under
Subsection (a)[, which may not exceed $400 per student per course or
$4,800 per full-time student].
(e) The [(c) The agency shall pay the reasonable costs of
evaluating and approving electronic courses. If funds available
to the agency for that purpose are insufficient to pay the costs of
evaluating and approving all electronic courses submitted for
evaluation and approval, the agency shall give priority to paying
the costs of evaluating and approving the following courses:
[(1) courses that satisfy high school graduation
requirements;
[(2) courses that would likely benefit a student in
obtaining admission to a postsecondary institution;
[(3) courses, including dual credit courses, that
allow a student to earn college credit or other advanced credit;
[(4) courses in subject areas most likely to be highly
beneficial to students receiving educational services under the
supervision of a juvenile probation department, the Texas Juvenile
Justice Department, or the Texas Department of Criminal Justice;
and
[(5) courses in subject areas designated by the
commissioner as commonly experiencing a shortage of teachers.
[(d) If the agency determines that the costs of evaluating
and approving a submitted electronic course will not be paid by the
agency due to a shortage of funds available for that purpose, the]
school district, [open-enrollment] charter school, public or
private institution of higher education, or other eligible entity
that submits a [submitted the] course for evaluation and approval
shall [may] pay a fee equal to the amount of the costs of evaluating
and approving the course in order to ensure that evaluation of the
course occurs. The agency shall establish and publish a fee
schedule for purposes of this subsection.
(f) [(e)] The agency [administering authority] shall
require a course provider to apply for renewed approval of a
previously approved course in accordance with a schedule designed
to coincide with revisions to the required curriculum under Section
28.002(a) but not later than the 10th anniversary of the previous
approval.
Sec. 30B.108 [30A.1051]. ELECTRONIC COURSE PORTABILITY. A
student who transfers from one educational setting to another after
beginning enrollment in an electronic course is entitled to
continue enrollment in the course.
Sec. 30B.109 [30A.1052]. INDUCEMENTS FOR ENROLLMENT
PROHIBITED. (a) A course provider may not promise or provide
equipment or any other thing of value to a student or a student's
parent as an inducement for the student to enroll in an electronic
course offered through the statewide course catalog [state virtual
school network].
(b) The commissioner shall revoke approval under this
chapter of electronic courses offered by a course provider that
violates this section.
(c) The commissioner's action under this section is final
and may not be appealed.
Sec. 30B.110 [30A.106]. APPEAL TO COMMISSIONER. (a) A
course provider may appeal to the commissioner the agency's
[administering authority's] refusal to approve an electronic
course under Section 30B.107 [30A.105].
(b) If the commissioner determines that the agency's
[administering authority's] evaluation did not follow the criteria
or was otherwise irregular, the commissioner may overrule the
agency [administering authority] and place the course on a list of
approved courses. The commissioner's decision under this section is
final and may not be appealed.
Sec. 30B.111 [30A.107]. OPTIONS FOR PROVIDERS AND
STUDENTS. (a) A student who does not qualify under Section
30B.002(a)(1) may take one or more electronic courses through the
statewide course catalog if the student pays the fees for the course
in accordance with Section 30B.123 [A course provider may offer
electronic courses to:
[(1) students and adults who reside in this state; and
[(2) students who reside outside this state and who
meet the eligibility requirements under Section 30A.002(c)].
(b) A student who is enrolled in a school district or
[open-enrollment] charter school in this state [as a full-time
student] may not take [one or] more than three electronic courses in
any semester through the state virtual school network.
(c) A student who resides in this state but who is not
enrolled in a school district or [open-enrollment] charter school
in this state [as a full-time student] may, subject to Section
30B.123 [30A.155], enroll in electronic courses through the
statewide course catalog [state virtual school network]. A student
to whom this subsection applies:
(1) may not in any semester enroll in more than three
[two] electronic courses offered through the state virtual school
network;
(2) is not considered enrolled at the [to be a] public
school campus but shall be considered for purposes of state funding
as provided by Section 30B.122 [student];
(3) must obtain access to a course provided through
the statewide course catalog either [network] through a [the]
school district or [open-enrollment] charter school [attendance
zone in which the student resides];
(4) is not entitled to enroll in a course offered by a
school district or [open-enrollment] charter school other than an
electronic course provided through the statewide course catalog
[network]; and
(5) is not entitled to any right, privilege,
activities, or services available to a student enrolled in a public
school, other than the right to receive the appropriate unit of
credit for completing an electronic course.
(d) A school district or [open-enrollment] charter school
may not require a student to enroll in an electronic course.
(e) A school district or charter school shall require
students to take a student orientation course to access the
statewide course catalog.
Sec. 30B.112 [30A.108]. INFORMED CHOICE REPORTS. (a) Not
later than a date determined by the commissioner, the agency
[administering authority] shall create and maintain on the state
virtual school network's Internet website an "informed choice"
report as provided by commissioner rule.
(b) Each report under this section must describe each
electronic course offered through the statewide course catalog
[state virtual school network] and include the following
information:
(1) course requirements;
(2) the school year calendar for the course, including
any options for continued participation outside of the standard
school year calendar;
(3) the entity that developed the course;
(4) the entity that provided the course;
(5) the course completion rate;
(6) aggregate student performance on an assessment
instrument administered under Section 39.023 to students enrolled
in the course;
(7) aggregate student performance on all assessment
instruments administered under Section 39.023 to students who
completed the course provider's courses; and
(8) other information determined by the commissioner.
Sec. 30B.113 [30A.109]. COMPULSORY ATTENDANCE. The
commissioner by rule shall adopt procedures for reporting and
verifying the attendance of a student enrolled in an electronic
course provided through the statewide course catalog [state virtual
school network]. The rules may modify the application of Sections
25.085, 25.086, and 25.087 for a student enrolled in an electronic
course but must require participation in an educational program
equivalent to the requirements prescribed by those sections.
Sec. 30B.114 [30A.110]. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to an electronic course
offered through the statewide course catalog [state virtual school
network] in the same manner that that chapter applies to any other
course offered by a school district or open-enrollment charter
school.
(b) The performance of a student described by Section
30B.111(c) may not be considered for purposes of accountability for
a school district or charter school.
(c) Each student enrolled under this chapter in an
electronic course offered through the statewide course catalog
[state virtual school network] must take any assessment instrument
under Section 39.023 that is administered to students who are
provided instruction in the course material in the traditional
classroom setting. The administration of the assessment instrument
to the student enrolled in the electronic course must be supervised
by a proctor.
(d) [(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 instruments administered to students enrolled in an
electronic course offered through the statewide course catalog
[state virtual school network] separately from the results of
assessment instruments administered to other students.
Sec. 30B.115 [30A.111]. TEACHER AND INSTRUCTOR
QUALIFICATIONS. (a) Each teacher of an electronic course offered
by a school district or [open-enrollment] charter school through
the statewide course catalog [state virtual school network] must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30B.116(a)
[30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic
course offered through the statewide course catalog [network].
(b) The commissioner by rule shall establish procedures for
verifying successful completion by a teacher of the appropriate
professional development course required by Subsection (a)(2).
(c) The commissioner by rule shall establish qualifications
and professional development requirements applicable to college
instructors providing instruction in dual credit courses through
the statewide course catalog [state virtual school network] that
allow a student to earn high school credit and college credit or
other credit.
Sec. 30B.116 [30A.112]. EDUCATOR PROFESSIONAL
DEVELOPMENT. (a) The state virtual school network shall provide or
authorize providers of electronic professional development courses
or programs to provide professional development for teachers who
are teaching electronic courses through the statewide course
catalog [network].
(b) The state virtual school network may provide or
authorize providers of electronic professional development courses
to provide professional development for:
(1) teachers who are teaching subjects or grade levels
for which the teachers are not certified; or
(2) teachers who must become qualified under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.).
Sec. 30B.117 [30A.1121]. ALTERNATIVE EDUCATOR
PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), a course
provider may provide professional development courses to teachers
seeking to become authorized to teach electronic courses provided
through the statewide course catalog [state virtual school
network]. A course provider may provide a professional development
course that is approved under Subsection (b) to any interested
teacher, regardless of the teacher's employer.
(b) The agency shall review each professional development
course sought to be provided by a course provider under Subsection
(a) to determine if the course meets the quality standards
established under Section 30B.118 [30A.113]. If a course meets
those standards, the course provider may provide the course for
purposes of enabling a teacher to comply with Section 30B.115(a)(2)
[30A.111(a)(2)].
Sec. 30B.118 [30A.113]. CRITERIA FOR ELECTRONIC
PROFESSIONAL DEVELOPMENT COURSES. The commissioner by rule shall
establish objective standard criteria for quality of an electronic
professional development course provided under Section 30B.116
[30A.112].
Sec. 30B.119 [30A.114]. REGIONAL EDUCATION SERVICE
CENTERS. The commissioner by rule shall allow regional education
service centers to participate in the statewide course catalog
[state virtual school network] in the same manner as course
providers.
Sec. 30B.120 [30A.115]. ADDITIONAL RESOURCES. The
commissioner by rule may establish procedures for providing
additional resources, such as an online library, to students and
educators served through the statewide course catalog [state
virtual school network]. The agency [administering authority] may
provide the additional resources only if the commissioner receives
an appropriation, gift, or grant sufficient to pay the costs of
providing those resources.
Sec. 30B.121 [30A.151]. COSTS TO BE BORNE BY STATE. (a)
Except as authorized by Section 30B.007 or 30B.107 [Section
30A.152] or this section, the state shall pay the cost of operating
the state virtual school network.
(b) Except as provided by Section 30B.107, the [The]
operating costs of the state virtual school network may not be
charged to a school district or [open-enrollment] charter school.
(c) The costs of providing electronic professional
development courses may be paid by state funds appropriated by the
legislature or federal funds that may be used for that purpose.
(d) [(e)] State funds provided in connection with the state
virtual school network may not be used in a manner that violates
Section 7, Article I, Texas Constitution.
[(f) For a full-time electronic course program offered
through the state virtual school network for a grade level at or
above grade level three but not above grade level eight, a school
district or open-enrollment charter school is entitled to receive
federal, state, and local funding for a student enrolled in the
program in an amount equal to the funding the district or school
would otherwise receive for a student enrolled in the district or
school. The district or school may calculate the average daily
attendance of a student enrolled in the program based on:
[(1) hours of contact with the student;
[(2) the student's successful completion of a course;
or
[(3) a method approved by the commissioner.]
Sec. 30B.122 [30A.153]. FOUNDATION SCHOOL PROGRAM FUNDING.
(a) Subject to the limitation imposed under Subsection (b)
[(a-1)], a school district or open-enrollment charter school in
which a student is enrolled is entitled to funding under Chapter 48
or in accordance with the terms of a charter granted under Section
12.101 for the student's enrollment in an electronic course offered
through the statewide course catalog [state virtual school network]
in the same manner that the district or school is entitled to
funding for the student's enrollment in courses provided in a
traditional classroom setting, provided that the student
successfully completes the electronic course.
(b) [(a-1)] For purposes of Subsection (a), a school
district or open-enrollment charter school is limited to the
funding described by that subsection for a student's enrollment in
not more than three electronic courses during any school year[,
unless the student is enrolled in a full-time online program that
was operating on January 1, 2013].
(c) For purposes of funding a school district or charter
school that provides access to an electronic course to a student
described by Section 30B.111(c) who would be entitled to the
benefits of the Foundation School Program under Section 48.003 if
enrolled in a school district, the agency shall aggregate up to
three courses offered during the year to such students at the
district or school and divide by five to establish the number of
possible students in average daily attendance, rounding up to the
half-day average daily attendance.
(d) [(b)] The commissioner[, after considering comments
from school district and open-enrollment charter school
representatives,] shall adopt a standard agreement that governs the
costs, payment of funds, and other matters relating to a student's
enrollment in an electronic course offered through the statewide
course catalog [state virtual school network]. The agreement may
not require a school district or [open-enrollment] charter school
to pay the provider the full amount until the student has
successfully completed the electronic course[, and the full amount
may not exceed the limits specified by Section 30A.105(b)].
(e) [(c)] A school district or [open-enrollment] charter
school shall use the standard agreement adopted under Subsection
(d) [(b)] unless:
(1) the district or school requests from the
commissioner permission to modify the standard agreement; and
(2) the commissioner authorizes the modification.
(f) [(d)] The commissioner shall adopt rules necessary to
implement this section, including rules regarding attendance
accounting.
Sec. 30B.123 [30A.155]. FEES. (a) A school district or
[open-enrollment] charter school may charge a fee for enrollment in
an electronic course provided through the statewide course catalog
[state virtual school network] to a student who resides in this
state and[:
[(1)] is enrolled in a school district or
[open-enrollment] charter school as a full-time student with a
course load greater than that normally taken by students in the
equivalent grade level in other school districts or
[open-enrollment] charter schools[; or
[(2) elects to enroll in an electronic course provided
through the network for which the school district or
open-enrollment charter school in which the student is enrolled as
a full-time student declines to pay the cost, as authorized by
Section 26.0031(c-1)].
(b) [(a-1)] A school district or [open-enrollment] charter
school may charge a fee for enrollment in an electronic course
provided through the statewide course catalog [state virtual school
network] during the summer.
(c) [(b)] A school district or [open-enrollment] charter
school shall charge a fee for enrollment in an electronic course
provided through the statewide course catalog [state virtual school
network] to a student who does not satisfy the criteria of Section
30B.002(a)(1) [who resides in this state and is not enrolled in a
school district or open-enrollment charter school as a full-time
student].
(d) [(c)] The amount of a fee charged a student under
Subsection (a), [(a-1), or] (b), or (c) for each electronic course
in which the student enrolls through the statewide course catalog
[state virtual school network] may not exceed the lesser of:
(1) the cost of providing the course; or
(2) an amount set by the commissioner [$400].
(e) [(c-1)] A school district or [open-enrollment] charter
school that is not the course provider may charge a student enrolled
in the district or school a nominal fee, not to exceed the amount
specified by the commissioner, if the student enrolls in an
electronic course provided through the statewide course catalog
[state virtual school network] that exceeds the course load
normally taken by students in the equivalent grade level. A
juvenile probation department or state agency may charge a
comparable fee to a student under the supervision of the department
or agency.
(f) [(d)] Except as provided by this section, the state
virtual school network may not charge a fee to students for
electronic courses provided through the statewide course catalog
[network].
[(e) This chapter does not entitle a student who is not
enrolled on a full-time basis in a school district or
open-enrollment charter school to the benefits of the Foundation
School Program.]
SECTION 13. Chapter 30B, Education Code, as added by this
Act, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. FULL-TIME VIRTUAL SCHOOL
Sec. 30B.201. ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL
SCHOOL. (a) The commissioner may establish criteria for,
authorize the operation of, and approve an expansion of a full-time
virtual school under this subchapter.
(b) A school district or charter school is eligible to
operate a full-time virtual school under this subchapter only if
the district or school receives an overall performance rating of C
or higher under Section 39.054.
(c) A public or private institution of higher education is
eligible to operate a full-time virtual school under this
subchapter only if the institution:
(1) complies with all applicable federal and state
laws prohibiting discrimination;
(2) demonstrates financial solvency;
(3) provides evidence of prior successful experience
offering online education to students, with demonstrated student
success in course completion and performance, as determined by the
commissioner;
(4) has a charter granted under Subchapter D or E,
Chapter 12, authorized to provide a full-time virtual school; and
(5) has not been subject to contract revocation under
Section 30B.212.
(d) The commissioner may not authorize an entity to operate
more than one full-time virtual school under this subchapter unless
the additional full-time virtual school will be designated as a
dropout recovery school under Section 39.0548.
(e) An entity that operates a full-time virtual school must
offer:
(1) at least one grade level in which an assessment
instrument is required to be administered under Section 39.023(a),
including each subject for which an assessment instrument is
required; or
(2) a complete high school program, including each
course for which an end-of-course assessment instrument is required
to be administered under Section 39.023(c).
(f) Notwithstanding any other provision of this chapter, a
school district or charter school that operated a full-time online
program during the 2020-2021 school year under former Chapter 30A
may continue to operate the program as a full-time virtual school
under this subchapter for a term of three years. At the end of that
term, the district or charter school must submit a petition for
renewal under Section 30B.213(c) to continue operating the
full-time virtual school. This subsection expires September 1,
2024.
Sec. 30B.202. FULL-TIME VIRTUAL SCHOOL ENROLLMENT AND
ADMISSION. (a) Subject to Subsection (b), the total number of
students enrolled in full-time virtual schools may not exceed:
(1) for the 2021-2022 school year, 120 percent of the
total number of students enrolled in full-time online programs
offered through the state virtual school network under former
Chapter 30A for the 2020-2021 school year; or
(2) for each school year after the 2021-2022 school
year, 102 percent of the total number of students enrolled in
full-time virtual schools for the preceding school year.
(b) The limit under Subsection (a) does not apply to
students who:
(1) are enrolled in a full-time virtual school to
which admission is restricted under Subsection (f); or
(2) were enrolled in a school district or charter
school in the state during the preceding school year.
(c) To ensure compliance with the maximum number of enrolled
students under Subsection (a), the commissioner by rule shall
establish a method for determining the total number of students
that each full-time virtual school may enroll for a school year.
(d) The commissioner shall adopt rules requiring full-time
virtual schools to prioritize the admission of students who were
enrolled in a school district or charter school during the
preceding school year.
(e) If a full-time virtual school receives more acceptable
applications for admission than available positions in the school
for a school year, the school shall:
(1) fill the available positions by lottery;
(2) create a waitlist for any students not admitted
under Subdivision (1); and
(3) provide to the agency in accordance with
commissioner rule the number of students on the school's waitlist
under Subdivision (2), if applicable.
(f) A school district or charter school operating a
full-time virtual school may elect to offer admission to the school
only to students who reside in the district or the geographic area
served by the charter school.
Sec. 30B.203. FULL-TIME VIRTUAL SCHOOL LIST. (a) The
agency shall:
(1) create a list of full-time virtual schools;
(2) publish in a prominent location on the state
virtual school network's Internet website a list of and contact and
waitlist information for all full-time virtual schools and include
a statement for each listed school indicating whether the school
restricts admission under Section 30B.202(f);
(3) provide access to the accountability ratings of
each full-time virtual school;
(4) provide notice to each student enrolled in a
full-time virtual school and the student's parent of the name and
contact information of the operator of the full-time virtual school
in which the student is enrolled; and
(5) include any other information the commissioner
determines necessary to inform student choice.
(b) The agency shall provide students who have completed or
withdrawn from a full-time virtual school and their parents with a
method for providing comments regarding the school. The comment
method must include a quantitative rating system and a list of
verbal descriptors that a student or parent may select as
appropriate.
(c) The agency shall provide public access to the comments
submitted by students and parents under this section.
Sec. 30B.204. INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a)
An entity that operates a full-time virtual school may not promise
or provide equipment or any other thing of value to a student or a
student's parent as an inducement for the student to enroll in the
full-time virtual school.
(b) The commissioner shall revoke an entity's authorization
to operate a full-time virtual school if the entity violates this
section.
(c) The commissioner's action under this section is final
and may not be appealed.
Sec. 30B.205. COMPULSORY ATTENDANCE. The commissioner by
rule shall adopt procedures for reporting and verifying the
attendance of a student enrolled in a full-time virtual school. The
rules may modify the application of Sections 25.085, 25.086, and
25.087 for a student enrolled in a full-time virtual school but must
require participation in an educational program equivalent to the
requirements prescribed by those sections.
Sec. 30B.206. COURSE ELIGIBILITY. (a) A course offered by
a full-time virtual school must be aligned with the essential
knowledge and skills identified under Section 28.002(c) for the
grade level.
(b) If the essential knowledge and skills with which a
course is aligned in accordance with Subsection (a) are modified,
the entity operating the full-time virtual school must be provided
the same period to revise the course to achieve alignment with the
modified essential knowledge and skills as is provided for the
modification of a course provided in a traditional classroom
setting.
Sec. 30B.207. APPLICABILITY OF ACCOUNTABILITY
REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual school
in the same manner that the chapter applies to a school district or
open-enrollment charter school.
(b) Each student enrolled in a subject or course in a
full-time virtual school must take each assessment instrument under
Section 39.023 that is administered to students who are provided
instruction in the subject or course material in the traditional
classroom setting. The administration of the assessment instrument
to the student enrolled in the full-time virtual school must be
supervised by a proctor.
(c) An entity that operates multiple full-time virtual
schools under contracts described by Section 30B.212 shall receive
an accountability rating for:
(1) each full-time virtual school as if the school
were a campus; and
(2) the entity as if the entity were a school district
or open-enrollment charter school and each full-time virtual school
were a campus of the district or school.
Sec. 30B.208. TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)
Each teacher at a full-time virtual school must:
(1) be certified under Subchapter B, Chapter 21, to
teach that course and grade level; and
(2) successfully complete the appropriate
professional development course provided under Section 30B.116(a)
or 30B.117 before teaching at a full-time virtual school.
(b) The commissioner by rule shall establish procedures for
verifying successful completion by a teacher of the appropriate
professional development course required by Subsection (a)(2).
(c) The commissioner by rule shall establish qualifications
and professional development requirements applicable to college
instructors providing instruction in dual credit courses through a
full-time virtual school that allow a student to earn high school
credit and college credit or other credit.
Sec. 30B.209. FUNDING. (a) A full-time virtual school in
which a student described by Section 30B.002(a)(1) is enrolled is
entitled to funding under Chapter 48 or in accordance with the terms
of a charter granted under Chapter 12 for the student's enrollment
in electronic courses in a full-time virtual school in the same
manner that a school district or charter school would be entitled to
funding for the student's enrollment in courses provided in a
traditional classroom setting, provided that the student
successfully completes the electronic course.
(b) A full-time virtual school may charge a fee for a
student who does not qualify under Section 30B.002(a)(1).
Sec. 30B.210. ORIENTATION COURSE. Each full-time virtual
school shall require a student to take an orientation course before
enrolling in the school. The agency shall provide guidance
regarding the development and delivery of an orientation course.
Sec. 30B.211. PARENT-TEACHER CONFERENCE. (a) Each
full-time virtual school, on a periodic basis throughout each
school year, shall communicate with each parent of or person
standing in parental relation to an enrolled student regarding the
performance and progress of the student. The school shall:
(1) provide opportunities for parent-teacher
conferences;
(2) document any requests for parent-teacher
conferences; and
(3) permit students to participate in the
parent-teacher conferences.
(b) Parent-teacher conferences may be conducted in person
or through electronic means.
Sec. 30B.212. CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL
SERVICES. (a) A school district or charter school authorized to
operate a full-time virtual school under Section 30B.201 that
contracts with an entity to operate the full-time virtual school
shall report to the agency:
(1) the identity of the contracted entity each year
the contracted entity operates the full-time virtual school; and
(2) information required to be reported under Section
48.008 regarding staff and finances as if the full-time virtual
school were a campus.
(b) A school district or charter school shall revoke a
contract with an entity to operate a full-time virtual school 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 charter
school shall include a contract revocation provision in each
contract entered into with an entity to operate a full-time virtual
school for the district or school under this section.
(c) The agency shall notify a school district or charter
school that the district or school is subject to Subsection (b) if
its full-time virtual school campus has received for the three most
recent school years accountability ratings described by Subsection
(b). Failure to receive notice under this subsection does not
affect the requirement imposed on the district or school under
Subsection (b).
(d) A school district or charter school may not contract
with an entity to operate a full-time virtual school for the
district or school if the contracted entity operated a full-time
virtual school 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 agency 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 commissioner may adopt rules to implement this
section.
Sec. 30B.213. INITIAL TERM OF OPERATION; PROCEDURE FOR
RENEWAL, DENIAL OF RENEWAL, AND EXPIRATION. (a) The initial term
of operation for a full-time virtual school is five years.
(a-1) Notwithstanding Subsection (a), the initial term of
operation for a full-time virtual school is three years for a school
district or charter school that receives initial authorization to
operate the full-time virtual school for the 2021-2022 or 2022-2023
school year. This subsection expires September 1, 2025.
(b) The commissioner by rule shall develop a procedure for
the renewal, denial of renewal, and expiration of an authorization
to operate a full-time virtual school at the end of the
authorization's term. The procedure must include consideration of
the accountability rating under Chapter 39 of the full-time virtual
school.
(c) To renew an authorization to operate a full-time virtual
school at the end of a term of operation, the entity operating the
full-time virtual school shall submit a petition for renewal to the
commissioner in the time and manner developed under Subsection (b).
(d) If an entity authorized to operate a full-time virtual
school under Section 30B.201 has received for the three most recent
school years an accountability rating for the school of B or higher
under Subchapter C, Chapter 39, and submits a petition for renewal
under Subsection (c), the entity's authorization to operate the
school automatically renews unless, not later than the 60th day
after the date the entity submits the petition, the commissioner
provides written notice to the entity that automatic renewal is
denied.
(e) If an entity authorized to operate a full-time virtual
school under Section 30B.201 has received for the three most recent
school years an accountability rating for the school of C under
Subchapter C, Chapter 39, the commissioner may deny renewal of
authorization for the entity to operate the school.
(f) If an entity authorized to operate a full-time virtual
school under Section 30B.201 has received a campus or district
accountability rating of D or F under Subchapter C, Chapter 39, the
commissioner shall deny renewal of authorization for the entity to
operate a school.
(g) The renewal term for a full-time virtual school under
this section is 10 years.
(h) Notwithstanding any other law, a determination by the
commissioner under this section is final and may not be appealed.
Sec. 30B.214. BASIS FOR REVOCATION OF FULL-TIME VIRTUAL
SCHOOL AUTHORIZATION. (a) The commissioner may revoke
authorization for an entity to operate a full-time virtual school
under this subchapter if the commissioner determines that:
(1) the school is not meeting the best interests of its
students; or
(2) the revocation is necessary to ensure that
full-time virtual schools are high quality.
(b) The commissioner shall revoke the authorization for an
entity to operate a full-time virtual school under this subchapter
if the entity has received for the three most recent years a campus
or district accountability rating of D or F under Subchapter C,
Chapter 39.
Sec. 30B.215. PROCEDURE FOR REVOCATION OR DENIAL OF
RENEWAL. (a) The procedure developed by the commissioner under
Section 30B.213(b) shall include an informal procedure for:
(1) revoking an authorization to operate a full-time
virtual school; and
(2) denying the renewal of an authorization to operate
a full-time virtual school.
(b) The procedure developed under Subsection (a) must allow
representatives of the full-time virtual school to meet with the
commissioner to discuss the decision and allow the full-time
virtual school to submit additional information to the
commissioner. In a final decision issued by the commissioner, the
commissioner shall provide a written response to any information
the full-time virtual school submits under this subsection.
(c) A decision by the commissioner under this section is
final and may not be appealed.
Sec. 30B.216. EFFECT OF REVOCATION OR DENIAL OF RENEWAL OF
AUTHORIZATION TO OPERATE FULL-TIME VIRTUAL SCHOOL. If the
commissioner revokes or denies the renewal of an entity's
authorization to operate a full-time virtual school under this
subchapter, the school may not continue to operate or receive state
funds under this subchapter.
SECTION 14. Section 33.009(d), Education Code, is amended
to read as follows:
(d) An academy developed under this section must provide
counselors and other postsecondary advisors with knowledge and
skills to provide counseling to students regarding postsecondary
success and productive career planning and must include information
relating to:
(1) each endorsement described by Section
28.025(c-1), including:
(A) the course requirements for each
endorsement; and
(B) the postsecondary educational and career
opportunities associated with each endorsement;
(2) available methods for a student to earn credit for
a course not offered at the school in which the student is enrolled,
including enrollment in an electronic course provided through the
state virtual school network under Chapter 30B [30A];
(3) general academic performance requirements for
admission to an institution of higher education, including the
requirements for automatic admission to a general academic teaching
institution under Section 51.803;
(4) regional workforce needs, including information
about the required education and the average wage or salary for
careers that meet those workforce needs; and
(5) effective strategies for engaging students and
parents in planning for postsecondary education and potential
careers, including participation in mentorships and business
partnerships.
SECTION 15. Section 48.104(f), Education Code, is amended
to read as follows:
(f) A student receiving a full-time virtual education under
Chapter 30B [through the state virtual school network] may be
included in determining the number of students who are
educationally disadvantaged and reside in an economically
disadvantaged census block group under Subsection (b) or (e), as
applicable, if the school district or full-time virtual school
submits to the commissioner a plan detailing the enhanced services
that will be provided to the student and the commissioner approves
the plan.
SECTION 16. The following provisions of the Education Code
are repealed:
(1) the heading to Chapter 30A;
(2) the heading to Subchapter A, Chapter 30A;
(3) Section 30A.006;
(4) the heading to Subchapter B, Chapter 30A;
(5) Section 30A.053;
(6) Section 30A.055;
(7) Section 30A.056;
(8) the heading to Subchapter C, Chapter 30A;
(9) Section 30A.1042;
(10) the heading to Subchapter D, Chapter 30A; and
(11) Section 30A.152.
SECTION 17. This Act applies beginning with the 2021-2022
school year.
SECTION 18. 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.