Texas 2021 - 87th Regular

Texas Senate Bill SB27 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R10284 ANG-D
1	2		By: Taylor S.B. No. 27
2		-	(In the Senate - Filed March 11, 2021; March 11, 2021, read
3		-	first time and referred to Committee on Education; April 23, 2021,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 7, Nays 2, one present not voting;
6		-	April 23, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 27 By: Taylor
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13		-	relating to the state ~~online learning system~~; changing a fee.
	7	+	relating to the state virtual school network; changing a fee.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 1.001(b), Education Code, is amended to
16	10		read as follows:
17	11		(b) Except as provided by Chapter 18, Chapter 19, Subchapter
18	12		A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [30A],
19	13		this code does not apply to students, facilities, or programs under
20	14		the jurisdiction of [the Department of Aging and Disability
21	15		Services,] the Department of State Health Services, the Health and
22	16		Human Services Commission, the Texas Juvenile Justice Department,
23	17		the Texas Department of Criminal Justice, a Job Corps program
24	18		operated by or under contract with the United States Department of
25	19		Labor, or any juvenile probation agency.
26	20		SECTION 2. Section 7.0561(f), Education Code, is amended to
27	21		read as follows:
28	22		(f) In consultation with interested school districts,
29	23		[open-enrollment] charter schools, and other appropriate
30	24		interested persons, the commissioner shall adopt rules applicable
31	25		to the consortium, according to the following principles for a next
32	26		generation of higher performing public schools:
33	27		(1) engagement of students in digital learning,
34	28		including engagement through the use of electronic textbooks and
35	29		instructional materials adopted under Subchapters B and B-1,
36		-	Chapter 31, and courses offered through the state ~~online learning~~
37		-	~~system [virtual school~~ network] under Chapter 30B [Subchapter 30A];
	30	+	Chapter 31, and courses offered through the state virtual school
	31	+	network under Chapter 30B [Subchapter 30A];
38	32		(2) emphasis on learning standards that focus on
39	33		high-priority standards identified in coordination with districts
40	34		and charter schools participating in the consortium;
41	35		(3) use of multiple assessments of learning capable of
42	36		being used to inform students, parents, districts, and charter
43	37		schools on an ongoing basis concerning the extent to which learning
44	38		is occurring and the actions consortium participants are taking to
45	39		improve learning; and
46	40		(4) reliance on local control that enables communities
47	41		and parents to be involved in the important decisions regarding the
48	42		education of their children.
49	43		SECTION 3. Section 25.007(b), Education Code, is amended to
50	44		read as follows:
51	45		(b) In recognition of the challenges faced by students who
52	46		are homeless or in substitute care, the agency shall assist the
53	47		transition of students who are homeless or in substitute care from
54	48		one school to another by:
55	49		(1) ensuring that school records for a student who is
56	50		homeless or in substitute care are transferred to the student's new
57	51		school not later than the 10th working day after the date the
58	52		student begins enrollment at the school;
59	53		(2) developing systems to ease transition of a student
60	54		who is homeless or in substitute care during the first two weeks of
61	55		enrollment at a new school;
62	56		(3) developing procedures for awarding credit,
63	57		including partial credit if appropriate, for course work, including
64	58		electives, completed by a student who is homeless or in substitute
65	59		care while enrolled at another school;
66	60		(4) developing procedures to ensure that a new school
67	61		relies on decisions made by the previous school regarding placement
68	62		in courses or educational programs of a student who is homeless or
69	63		in substitute care and places the student in comparable courses or
70	64		educational programs at the new school, if those courses or
71	65		programs are available;
72	66		(5) promoting practices that facilitate access by a
73	67		student who is homeless or in substitute care to extracurricular
74	68		programs, summer programs, credit transfer services, electronic
75	69		courses provided under Chapter 30B [30A], and after-school tutoring
76	70		programs at nominal or no cost;
77	71		(6) establishing procedures to lessen the adverse
78	72		impact of the movement of a student who is homeless or in substitute
79	73		care to a new school;
80	74		(7) entering into a memorandum of understanding with
81	75		the Department of Family and Protective Services regarding the
82	76		exchange of information as appropriate to facilitate the transition
83	77		of students in substitute care from one school to another;
84	78		(8) encouraging school districts and open-enrollment
85	79		charter schools to provide services for a student who is homeless or
86	80		in substitute care in transition when applying for admission to
87	81		postsecondary study and when seeking sources of funding for
88	82		postsecondary study;
89	83		(9) requiring school districts, campuses, and
90	84		open-enrollment charter schools to accept a referral for special
91	85		education services made for a student who is homeless or in
92	86		substitute care by a school previously attended by the student, and
93	87		to provide comparable services to the student during the referral
94	88		process or until the new school develops an individualized
95	89		education program for the student;
96	90		(10) requiring school districts, campuses, and
97	91		open-enrollment charter schools to provide notice to the child's
98	92		educational decision-maker and caseworker regarding events that
99	93		may significantly impact the education of a child, including:
100	94		(A) requests or referrals for an evaluation under
101	95		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
102	96		special education under Section 29.003;
103	97		(B) admission, review, and dismissal committee
104	98		meetings;
105	99		(C) manifestation determination reviews required
106	100		by Section 37.004(b);
107	101		(D) any disciplinary actions under Chapter 37 for
108	102		which parental notice is required;
109	103		(E) citations issued for Class C misdemeanor
110	104		offenses on school property or at school-sponsored activities;
111	105		(F) reports of restraint and seclusion required
112	106		by Section 37.0021;
113	107		(G) use of corporal punishment as provided by
114	108		Section 37.0011; and
115	109		(H) appointment of a surrogate parent for the
116	110		child under Section 29.0151;
117	111		(11) developing procedures for allowing a student who
118	112		is homeless or in substitute care who was previously enrolled in a
119	113		course required for graduation the opportunity, to the extent
120	114		practicable, to complete the course, at no cost to the student,
121	115		before the beginning of the next school year;
122	116		(12) ensuring that a student who is homeless or in
123	117		substitute care who is not likely to receive a high school diploma
124	118		before the fifth school year following the student's enrollment in
125	119		grade nine, as determined by the district, has the student's course
126	120		credit accrual and personal graduation plan reviewed;
127	121		(13) ensuring that a student in substitute care who is
128	122		in grade 11 or 12 be provided information regarding tuition and fee
129	123		exemptions under Section 54.366 for dual-credit or other courses
130	124		provided by a public institution of higher education for which a
131	125		high school student may earn joint high school and college credit;
132	126		(14) designating at least one agency employee to act
133	127		as a liaison officer regarding educational issues related to
134	128		students in the conservatorship of the Department of Family and
135	129		Protective Services; and
136	130		(15) providing other assistance as identified by the
137	131		agency.
138	132		SECTION 4. Section 26.0031, Education Code, is amended to
139	133		read as follows:
140		-	Sec. 26.0031. RIGHTS CONCERNING STATE ONLINE LEARNING
141		-	SYSTEM STATEWIDE COURSE CATALOG [VIRTUAL SCHOOL NETWORK]. (a) At
142		-	the time and in the manner that a school district or
143		-	[open-enrollment] charter school informs students and parents
144		-	about courses that are offered in the district's or school's
145		-	traditional classroom setting, the district or school shall notify
146		-	parents and students of the option to enroll in an electronic course
147		-	offered through the state online learning system statewide course
148		-	catalog [virtual school network] under Chapter 30B [30A].
	134	+	Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL
	135	+	NETWORK STATEWIDE COURSE CATALOG. (a) At the time and in the
	136	+	manner that a school district or [open-enrollment] charter school
	137	+	informs students and parents about courses that are offered in the
	138	+	district's or school's traditional classroom setting, the district
	139	+	or school shall notify parents and students of the option to enroll
	140	+	in an electronic course offered through the state virtual school
	141	+	network statewide course catalog under Chapter 30B [30A].
149	142		(b) Except as provided by Subsection (c), a school district
150	143		or [open-enrollment] charter school in which a student is enrolled
151	144		as a full-time student may not deny the request of a parent of a
152	145		student to enroll the student in an electronic course offered
153		-	through the state ~~online learning system~~ statewide course catalog
154		-	~~[virtual school network]~~ under Chapter 30B [30A].
	146	+	through the state virtual school network statewide course catalog
	147	+	under Chapter 30B [30A].
155	148		(c) A school district or [open-enrollment] charter school
156	149		may deny a request to enroll a student in an electronic course if:
157	150		(1) a high school student attempts to enroll in a
158	151		course load that is inconsistent with the student's high school
159	152		graduation plan or requirements for college admission or earning an
160	153		industry certification; or
161	154		(2) the student requests permission to enroll in an
162	155		electronic course at a time that is not consistent with the
163	156		enrollment period established by the school district or
164	157		[open-enrollment] charter school providing the course[; or
165	158		[(3) the district or school offers a substantially
166	159		similar course].
167	160		[(c-1) A school district or open-enrollment charter school
168	161		may decline to pay the cost for a student of more than three
169	162		yearlong electronic courses, or the equivalent, during any school
170	163		year. This subsection does not:
171	164		[(1) limit the ability of the student to enroll in
172	165		additional electronic courses at the student's cost; or
173	166		[(2) apply to a student enrolled in a full-time online
174	167		program that was operating on January 1, 2013.]
175	168		(d) Notwithstanding Subsection (c)(2), a school district or
176	169		[open-enrollment] charter school that provides an electronic
177		-	course through the state ~~online learning system~~ statewide course
178		-	catalog ~~[virtual school network]~~ under Chapter 30B [30A] shall make
179		-	~~all reasonable efforts~~ to accommodate the enrollment of a student
180		-	~~in the course under~~ special circumstances.
	170	+	course through the state virtual school network statewide course
	171	+	catalog under Chapter 30B [30A] shall make all reasonable efforts
	172	+	to accommodate the enrollment of a student in the course under
	173	+	special circumstances.
181	174		(e) A parent may appeal to the commissioner a school
182	175		district's or [open-enrollment] charter school's decision to deny a
183	176		request to enroll a student in an electronic course offered through
184		-	the state ~~online learning system~~ statewide course catalog ~~[virtual~~
185		-	~~school network]. The~~ commissioner's decision under this subsection
186		-	~~is final and may not~~ be appealed.
	177	+	the state virtual school network statewide course catalog. The
	178	+	commissioner's decision under this subsection is final and may not
	179	+	be appealed.
187	180		(f) A school district or [open-enrollment] charter school
188	181		from which a parent of a student requests permission to enroll the
189		-	student in an electronic course offered through the state ~~online~~
190		-	~~learning system~~ statewide course catalog [~~virtual school network]~~
191		-	~~under Chapter 30B [30A] has~~ discretion to select a course provider
192		-	~~approved by the agency~~ [network's administering authority] for the
193		-	~~course in which the~~ student will enroll based on factors including
194		-	~~the informed choice~~ report in Section 30B.112(b) [30A.108(b)].
	182	+	student in an electronic course offered through the state virtual
	183	+	school network statewide course catalog under Chapter 30B [30A] has
	184	+	discretion to select a course provider approved by the agency
	185	+	[network's administering authority] for the course in which the
	186	+	student will enroll based on factors including the informed choice
	187	+	report in Section 30B.112(b) [30A.108(b)].
195	188		SECTION 5. Subtitle F, Title 2, Education Code, is amended
196	189		by adding Chapter 30B, and a heading is added to that chapter to
197	190		read as follows:
198		-	CHAPTER 30B. STATE ~~ONLINE LEARNING SYSTEM~~ STATEWIDE COURSE CATALOG
199		-	AND FULL-TIME VIRTUAL ~~PROGRAMS~~
	191	+	CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG
	192	+	AND FULL-TIME VIRTUAL SCHOOLS
200	193		SECTION 6. Chapter 30B, Education Code, as added by this
201	194		Act, is amended by adding Subchapter A, and a heading is added to
202	195		that subchapter to read as follows:
203	196		SUBCHAPTER A. GENERAL PROVISIONS
204	197		SECTION 7. Sections 30A.001, 30A.002, 30A.003, 30A.004,
205	198		30A.005, and 30A.007, Education Code, are transferred to Subchapter
206	199		A, Chapter 30B, Education Code, as added by this Act, redesignated
207	200		as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and
208	201		30B.006, Education Code, and amended to read as follows:
209	202		Sec. 30B.001 [30A.001]. DEFINITIONS. In this chapter:
210	203		(1) ["Administering authority" means the entity
211	204		designated under Section 30A.053 to administer the state virtual
212	205		school network.
213	206		[(2)] "Board" means the State Board of Education.
214	207		(2) [(3)] "Course" means a course of study that meets
215	208		the requirements of Section 30B.105 [30A.104].
216	209		(3) [(4)] "Electronic course" means a course in which:
217	210		(A) instruction and content are delivered
218	211		primarily over the Internet;
219	212		(B) a student and teacher are in different
220	213		locations for a majority of the student's instructional period;
221	214		(C) most instructional activities take place in
222	215		an online environment;
223	216		(D) the online instructional activities are
224	217		integral to the academic program;
225	218		(E) extensive communication between a student
226	219		and a teacher and among students is emphasized; and
227	220		(F) a student is not required to be located on the
228	221		physical premises of a school district or [open-enrollment] charter
229	222		school.
230	223		(4) [(5) "Electronic diagnostic assessment" means a
231	224		formative or instructional assessment used in conjunction with an
232	225		electronic course to ensure that:
233	226		[(A) a teacher of an electronic course has
234	227		information related to a student's academic performance in that
235	228		course; and
236	229		[(B) a student enrolled in an electronic course
237	230		makes documented progress in mastering the content of the course.
238	231		[(6)] "Electronic professional development course"
239	232		means a professional development course in which instruction and
240	233		content are delivered primarily over the Internet.
241		-	(5) "Full-time virtual ~~program~~" means a ~~public school~~
242		-	~~program provided~~ to ~~enrolled students primarily over the Internet~~
243		-	~~that is authorized~~ under ~~Subchapter D~~.
	234	+	(5) "Full-time virtual school" means a campus
	235	+	authorized by the commissioner to provide a full-time virtual
	236	+	school program to enrolled students under this chapter.
244	237		(6) [(7)] "Course provider" means:
245	238		(A) a school district or [open-enrollment]
246	239		charter school that provides an electronic course through the
247	240		statewide course catalog [state virtual school network] to:
248	241		(i) students enrolled in that district or
249	242		school; or
250	243		(ii) students enrolled in another [school]
251	244		district or school;
252	245		(B) a public or private institution of higher
253	246		education, nonprofit entity, or private entity that provides a
254	247		course through the statewide course catalog [state virtual school
255	248		network]; or
256	249		(C) an entity that provides an electronic
257		-	professional development course through the state ~~online learning~~
258		-	~~system [virtual school~~ network].
	250	+	professional development course through the state virtual school
	251	+	network.
259	252		(7) [(8)] "Public or private institution of higher
260	253		education" means an institution of higher education or a private or
261	254		independent institution of higher education, as those terms are
262	255		defined by Section 61.003 [20 U.S.C. Section 1001].
263	256		(8) "Statewide course catalog" means a program of
264	257		supplemental courses offered by state-approved course providers
265		-	that is delivered through the state ~~online learning system~~.
266		-	Sec. 30B.002 [30A.002]. STUDENT ELIGIBILITY. (a) A
267		-	~~student~~ is eligible to enroll in a course provided through the
268		-	~~statewide~~ course catalog or in a full-time [state] virtual ~~program~~
269		-	~~[school network]~~ only if [the student]:
	258	+	that is delivered through the state virtual school network.
	259	+	Sec. 30B.002 [30A.002]. STUDENT ELIGIBILITY. (a) A student
	260	+	is eligible to enroll in a course provided through the statewide
	261	+	course catalog or in a full-time [state] virtual school [network]
	262	+	only if [the student]:
270	263		(1) the student [on September 1 of the school year:
271	264		[(A) is younger than 21 years of age; or
272	265		[(B) is younger than 26 years of age and entitled
273	266		to the benefits of the Foundation School Program under Section
274	267		48.003;
275	268		[(2) has not graduated from high school; and
276	269		[(3)] is [otherwise] eligible to enroll in a public
277	270		school in this state; or
278	271		(2) the student does not qualify under Subdivision
279	272		(1), including a student who is an adult or who resides in another
280	273		state or country, and the student pays fees in accordance with this
281	274		chapter.
282	275		(b) [A student is eligible to enroll full-time in courses
283	276		provided through the state virtual school network only if the
284	277		student:
285	278		[(1) was enrolled in a public school in this state in
286	279		the preceding school year;
287	280		[(2) is a dependent of a member of the United States
288	281		military who has been deployed or transferred to this state and was
289	282		enrolled in a publicly funded school outside of this state in the
290	283		preceding school year; or
291	284		[(3) has been placed in substitute care in this state,
292	285		regardless of whether the student was enrolled in a public school in
293	286		this state in the preceding school year.
294	287		[(c)] Notwithstanding Subsection (a)(1) [(a)(3) or (b)], a
295	288		student who enrolled in a course [is eligible to enroll in one or
296	289		more courses] provided through the statewide course catalog [state
297		-	virtual school network] or in a [enroll] full-time virtual ~~program~~
298		-	may remain enrolled in that course or ~~program~~ for the duration of
299		-	~~the~~ course or school year, as applicable, [in courses provided
300		-	~~through~~ the network] if, during the course or school year, the
301		-	~~student~~ becomes ineligible to enroll in a course or ~~program~~ under
302		-	~~Subsection~~ (a)(1) because the student:
	290	+	virtual school network] or in a [enroll] full-time virtual school
	291	+	may remain enrolled in that course or school for the duration of the
	292	+	course or school year, as applicable, [in courses provided through
	293	+	the network] if, during the course or school year, the student
	294	+	becomes ineligible to enroll in a course or school under Subsection
	295	+	(a)(1) because the student:
303	296		(1) is a dependent of a member of the United States
304	297		military; and
305	298		(2) no longer resides [was previously enrolled in high
306	299		school in this state; and
307	300		[(3) does not reside] in this state due to a military
308	301		deployment or transfer.
309	302		Sec. 30B.003 [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR
310	303		INTERNET SERVICE. This chapter does not:
311	304		(1) require a school district, a [an open-enrollment]
312		-	charter school, a course provider, a full-time virtual ~~program~~, or
	305	+	charter school, a course provider, a full-time virtual school, or
313	306		the state to provide a student with home computer equipment or
314		-	Internet access for a course provided through the state online
315		-	learning system [virtual school network]; or
316		-	(2) prohibit a school district, [or open-enrollment]
317		-	charter school, course provider, or full-time virtual program from
318		-	providing a student with home computer equipment or Internet access
319		-	for a course provided through the state online learning system
320		-	[virtual school network].
	307	+	Internet access for a course provided through the state virtual
	308	+	school network; or
	309	+	(2) prohibit a school district or [open-enrollment]
	310	+	charter school from providing a student with home computer
	311	+	equipment or Internet access for a course provided through the
	312	+	state virtual school network.
321	313		Sec. 30B.004 [30A.004]. APPLICABILITY OF CHAPTER. (a)
322	314		Except as provided by Subsection (c), this chapter does not affect
323	315		the provision of a course to a student while the student is located
324	316		on the physical premises of a school district or [open-enrollment]
325	317		charter school.
326	318		(b) [This chapter does not affect the provision of distance
327	319		learning courses offered under other law.
328	320		[(b-1)] Requirements imposed by or under this chapter do not
329	321		apply to a virtual course provided by a school district only to
330	322		district students if the course is not provided as part of the state
331		-	~~online learning system [~~virtual school network].
	323	+	virtual school network.
332	324		(c) A school district or [open-enrollment] charter school
333	325		may choose to participate in providing an electronic course or an
334	326		electronic diagnostic assessment under this chapter to a student
335	327		who is located on the physical premises of a school district or
336	328		[open-enrollment] charter school.
337	329		Sec. 30B.005 [30A.005]. TELECOMMUNICATIONS OR INFORMATION
338	330		SERVICES NETWORK NOT CREATED. This chapter does not create or
339	331		authorize the creation of a telecommunications or information
340	332		services network.
341	333		Sec. 30B.006 [30A.007]. LOCAL POLICY ON ELECTRONIC
342	334		COURSES. (a) A school district or [open-enrollment] charter
343	335		school shall adopt a written policy that provides district or
344	336		school students with the opportunity to enroll in electronic
345	337		courses provided through the statewide course catalog [state
346	338		virtual school network]. The policy must be consistent with the
347	339		requirements imposed by Section 26.0031.
348	340		(b) [(a-1)] A school district or [open-enrollment] charter
349	341		school shall, at least once per school year, send to a parent of
350	342		each district or school student enrolled at the middle or high
351	343		school level a copy of the policy adopted under Subsection (a). A
352	344		district or school may send the policy with any other information
353	345		that the district or school sends to a parent.
354	346		(c) [(b)] For purposes of a policy adopted under Subsection
355	347		(a), the determination of whether or not an electronic course will
356	348		meet the needs of a student with a disability shall be made by the
357	349		student's admission, review, and dismissal committee in a manner
358	350		consistent with state and federal law, including the Individuals
359	351		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
360	352		and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
361	353		794).
362	354		SECTION 8. Subchapter A, Chapter 30B, Education Code, as
363	355		added by this Act, is amended by adding Section 30B.007 to read as
364	356		follows:
365	357		Sec. 30B.007. GRANTS AND FEDERAL FUNDS. (a) The
366	358		commissioner may solicit and accept a gift, grant, or donation from
367	359		any source for the implementation of the statewide course catalog
368		-	and full-time virtual ~~programs~~.
	360	+	and full-time virtual schools.
369	361		(b) The commissioner may accept federal funds for purposes
370	362		of this chapter and shall use those funds in compliance with
371	363		applicable federal law, regulations, and guidelines.
372	364		SECTION 9. Chapter 30B, Education Code, as added by this
373	365		Act, is amended by adding Subchapter B, and a heading is added to
374	366		that subchapter to read as follows:
375	367		SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
376	368		SECTION 10. Sections 30A.051, 30A.052, and 30A.054,
377	369		Education Code, are transferred to Subchapter B, Chapter 30B,
378	370		Education Code, as added by this Act, redesignated as Sections
379	371		30B.051, 30B.052, and 30B.053, Education Code, and amended to read
380	372		as follows:
381	373		Sec. 30B.051 [30A.051]. GOVERNANCE [OF NETWORK]. (a) The
382	374		commissioner shall:
383		-	(1) administer the state online learning system
384		-	statewide course catalog and full-time virtual programs [school
385		-	network]; and
	375	+	(1) administer the state virtual school network
	376	+	statewide course catalog and full-time virtual schools; and
386	377		(2) ensure:
387	378		(A) high-quality education for students in this
388	379		state who are being educated through electronic courses provided
389		-	through the statewide course catalog or a full-time virtual ~~program~~
	380	+	through the statewide course catalog or a full-time virtual school
390	381		[state virtual school network]; and
391	382		(B) equitable access by students to those courses
392		-	and ~~programs~~.
	383	+	and schools.
393	384		(b) The commissioner may adopt rules necessary to implement
394	385		this chapter.
395	386		[(c) To the extent practicable, the commissioner shall
396	387		solicit advice from school districts concerning:
397	388		[(1) administration of the state virtual school
398	389		network; and
399	390		[(2) adoption of rules under Subsection (b).]
400	391		Sec. 30B.052 [30A.052]. GENERAL POWERS AND DUTIES OF
401	392		COMMISSIONER. (a) The commissioner shall prepare or provide for
402		-	preparation of a biennial budget request for the state ~~online~~
403		-	~~learning system~~ statewide course catalog and full-time virtual
404		-	~~programs [school network]~~ for presentation to the legislature.
	393	+	preparation of a biennial budget request for the state virtual
	394	+	school network statewide course catalog and full-time virtual
	395	+	schools for presentation to the legislature.
405	396		(b) The commissioner has exclusive jurisdiction over the
406		-	assets of the state online learning system [network] and shall
407		-	administer and spend appropriations made for the benefit of the
408		-	system [network].
	397	+	assets of the network and shall administer and spend appropriations
	398	+	made for the benefit of the network.
409	399		[(c) The commissioner shall employ a limited number of
410	400		administrative employees in connection with the network.]
411	401		Sec. 30B.053 [30A.054]. STUDENT PERFORMANCE INFORMATION.
412	402		To the extent permitted under the Family Educational Rights and
413	403		Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner
414	404		shall make information relating to the performance of students
415	405		enrolled in electronic courses through the statewide course catalog
416		-	or a full-time virtual ~~program~~ under this chapter available to
	406	+	or a full-time virtual school under this chapter available to
417	407		school districts, [open-enrollment] charter schools, and the
418	408		public.
419	409		SECTION 11. Chapter 30B, Education Code, as added by this
420	410		Act, is amended by adding Subchapter C, and a heading is added to
421	411		that subchapter to read as follows:
422	412		SUBCHAPTER C. STATEWIDE COURSE CATALOG
423	413		SECTION 12. Sections 30A.101, 30A.102, 30A.1021, 30A.103,
424	414		30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107,
425	415		30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113,
426	416		30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code,
427	417		are transferred to Subchapter C, Chapter 30B, Education Code, as
428	418		added by this Act, redesignated as Sections 30B.101, 30B.102,
429	419		30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109,
430	420		30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116,
431	421		30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123,
432	422		Education Code, and amended to read as follows:
433	423		Sec. 30B.101 [30A.101]. ELIGIBILITY TO ACT AS COURSE
434		-	PROVIDER. (a) A school district or [open-enrollment] charter
435		-	~~school~~ is eligible to act as a course provider through the statewide
436		-	~~course~~ catalog [under this chapter] only if the district or school
	424	+	PROVIDER. (a) A school district or [open-enrollment] charter school
	425	+	is eligible to act as a course provider through the statewide course
	426	+	catalog [under this chapter] only if the district or school
437	427		receives an overall performance rating of C or higher [is rated
438	428		acceptable] under Section 39.054.
439	429		(b) [An open-enrollment charter school may serve as a course
440	430		provider only:
441	431		[(1) to a student within its service area; or
442	432		[(2) to another student in the state:
443	433		[(A) through an agreement with the school district
444	434		in which the student resides; or
445	435		[(B) if the student receives educational services
446	436		under the supervision of a juvenile probation department, the Texas
447	437		Juvenile Justice Department, or the Texas Department of Criminal
448	438		Justice, through an agreement with the applicable agency.
449	439		[(c)] A public or private institution of higher education,
450	440		nonprofit entity, private entity, or corporation is eligible to act
451	441		as a course provider through the statewide course catalog [under
452	442		this chapter] only if the institution, [nonprofit] entity, [private
453	443		entity,] or corporation:
454	444		(1) complies with all applicable federal and state
455	445		laws prohibiting discrimination;
456	446		(2) demonstrates financial solvency; [and]
457	447		(3) provides evidence of prior successful experience
458	448		offering online education [courses] to [middle or high school]
459	449		students, with demonstrated student success in course completion
460	450		and performance, as determined by the commissioner; and
461	451		(4) complies with any other criteria established by
462	452		the commissioner.
463	453		(c) [(d)] An entity other than a school district or
464	454		[open-enrollment] charter school is not authorized to award course
465	455		credit or a diploma for courses taken through the statewide course
466	456		catalog [state virtual school network].
467	457		Sec. 30B.102 [30A.102]. LISTING OF ELECTRONIC COURSES.
468	458		(a) The agency [administering authority] shall:
469	459		(1) publish the criteria required by Section 30B.104
470	460		[30A.103] for electronic courses that may be offered through the
471	461		statewide course catalog [state virtual school network];
472	462		(2) using the criteria required by Section 30B.104
473	463		[30A.103], evaluate electronic courses submitted by a course
474	464		provider to be offered through the statewide course catalog
475	465		[network];
476	466		(3) create a list of electronic courses approved by
477	467		the agency [administering authority]; and
478	468		(4) publish in a prominent location on the state
479		-	~~online learning system's [~~network's] Internet website the list of
480		-	~~approved~~ electronic courses offered through the statewide course
481		-	~~catalog~~ [network] and a detailed description of the courses that
482		-	~~complies~~ with Section 30B.112 [30A.108].
	469	+	virtual school network's Internet website the list of approved
	470	+	electronic courses offered through the statewide course catalog
	471	+	[network] and a detailed description of the courses that complies
	472	+	with Section 30B.112 [30A.108].
483	473		(b) To ensure that a full range of electronic courses,
484	474		including advanced placement courses, are offered to students in
485	475		this state, the agency [administering authority]:
486	476		(1) shall create a list of those subjects and courses
487	477		designated by the board under Subchapter A, Chapter 28, for which
488	478		the board has identified essential knowledge and skills or for
489	479		which the board has designated content requirements under
490	480		Subchapter A, Chapter 28;
491	481		(2) shall enter into agreements with school districts,
492	482		[open-enrollment] charter schools, public or private institutions
493	483		of higher education, and other eligible entities for the purpose of
494	484		offering the courses through the statewide course catalog [state
495	485		virtual school network]; [and]
496	486		(3) may develop or authorize the development of
497	487		additional electronic courses that:
498	488		(A) are needed to complete high school graduation
499	489		requirements; and
500	490		(B) are not otherwise available through the
501	491		statewide course catalog; and
502	492		(4) may develop or authorize the development of an
503	493		orientation course [state virtual school network].
504	494		(c) The agency [administering authority] shall develop a
505	495		comprehensive course numbering system for all courses offered
506	496		through the statewide course catalog [state virtual school network]
507	497		to ensure, to the greatest extent possible, consistent numbering of
508	498		similar courses offered across all course providers.
509	499		Sec. 30B.103 [30A.1021]. PUBLIC ACCESS TO USER COMMENTS
510	500		REGARDING ELECTRONIC COURSES. (a) The agency [administering
511	501		authority] shall provide students who have completed or withdrawn
512	502		from electronic courses offered through the statewide course
513	503		catalog [virtual school network] and their parents with a mechanism
514	504		for providing comments regarding the courses.
515	505		(b) The mechanism required by Subsection (a) must include a
516	506		quantitative rating system and a list of verbal descriptors that a
517	507		student or parent may select as appropriate.
518	508		(c) The agency [administering authority] shall provide
519	509		public access to the comments submitted by students and parents
520	510		under this section. The comments must be in a format that permits a
521	511		person to sort the comments by teacher, electronic course, and
522	512		course provider.
523	513		Sec. 30B.104 [30A.103]. CRITERIA FOR ELECTRONIC COURSES.
524		-	(a) The commissioner [board] by rule shall establish [an]
525		-	~~objective~~ standard criteria for an electronic course to ensure
526		-	~~alignment with~~ the essential knowledge and skills requirements
527		-	~~identified or~~ content requirements established under Subchapter A,
528		-	~~Chapter 28.~~ The criteria may not permit the agency [administering
529		-	~~authority] to~~ prohibit a course provider from applying for approval
530		-	~~for an~~ electronic course for a course for which essential knowledge
531		-	~~and~~ skills have been identified.
	514	+	(a) The commissioner [board] by rule shall establish [an] objective
	515	+	standard criteria for an electronic course to ensure alignment with
	516	+	the essential knowledge and skills requirements identified or
	517	+	content requirements established under Subchapter A, Chapter 28.
	518	+	The criteria may not permit the agency [administering authority] to
	519	+	prohibit a course provider from applying for approval for an
	520	+	electronic course for a course for which essential knowledge and
	521	+	skills have been identified.
532	522		(b) The criteria must be consistent with Section 30B.105
533	523		[30A.104] and may not include any requirements that are
534	524		developmentally inappropriate for students.
535	525		(c) The commissioner by rule may:
536	526		(1) establish additional quality-related criteria for
537	527		electronic courses; and
538	528		(2) provide for a period of public comment regarding
539	529		the criteria.
540	530		(d) The criteria must be in place at least six months before
541	531		the agency [administering authority] uses the criteria in
542	532		evaluating an electronic course under Section 30B.107 [30A.105].
543	533		Sec. 30B.105 [30A.104]. COURSE ELIGIBILITY IN GENERAL.
544	534		(a) A course offered through the statewide course catalog [state
545	535		virtual school network] must:
546	536		(1) be in a specific subject that is part of the
547	537		required curriculum under Section 28.002(a);
548	538		(2) be aligned with the essential knowledge and skills
549	539		identified under Section 28.002(c) for the [a] grade level [at or
550	540		above grade level three]; and
551	541		(3) be the equivalent in instructional rigor and scope
552	542		to a course that is provided in a traditional classroom setting
553	543		during a semester of 90 instructional days.
554	544		(b) If the essential knowledge and skills with which an
555	545		approved course is aligned in accordance with Subsection (a)(2) are
556	546		modified, the course provider must be provided the same [time]
557	547		period to revise the course to achieve alignment with the modified
558	548		essential knowledge and skills as is provided for the modification
559	549		of a course provided in a traditional classroom setting.
560	550		Sec. 30B.106 [30A.1041]. DRIVER EDUCATION COURSES. (a) A
561	551		school district, [open-enrollment] charter school, public or
562	552		private institution of higher education, or other eligible entity
563	553		may seek approval to offer through the statewide course catalog
564	554		[state virtual school network] the classroom portion of a driver
565	555		education and traffic safety course that complies with the
566	556		requirements for the program developed under Section 29.902.
567	557		(b) A school district, [open-enrollment] charter school,
568	558		public or private institution of higher education, or other
569	559		eligible entity may not offer through the statewide course catalog
570	560		[state virtual school network] the laboratory portion of a driver
571	561		education and traffic safety course.
572	562		(c) A driver education and traffic safety course offered in
573	563		compliance with this section must be the equivalent in
574	564		instructional rigor and scope to a course that is provided in a
575	565		traditional classroom setting for a period of 56 hours.
576	566		Sec. 30B.107 [30A.105]. APPROVAL OF ELECTRONIC COURSES.
577	567		(a) The agency [administering authority] shall:
578	568		(1) establish a submission and approval process for
579	569		electronic courses that occurs on a rolling basis; and
580	570		(2) evaluate or provide for the evaluation by one or
581	571		more organizations designated by the agency of electronic courses
582	572		to be offered through the statewide course catalog or a full-time
583	573		[state] virtual school [network].
584	574		(b) [(a-1)] The agency [administering authority] shall
585	575		publish the submission and approval process for electronic courses
586	576		established under Subsection (a)(1), including any deadlines and
587	577		guidelines applicable to the process.
588	578		(c) [(a-2)] The evaluation required by Subsection (a)(2)
589	579		must include review of each electronic course component, including
590	580		off-line material proposed to be used in the course.
591	581		(d) [(b)] The agency [administering authority] shall
592	582		establish the cost of providing an electronic course approved under
593	583		Subsection (a)[, which may not exceed $400 per student per course or
594	584		$4,800 per full-time student].
595	585		(e) The [(c) The agency shall pay the reasonable costs of
596	586		evaluating and approving electronic courses. If funds available
597	587		to the agency for that purpose are insufficient to pay the costs of
598	588		evaluating and approving all electronic courses submitted for
599	589		evaluation and approval, the agency shall give priority to paying
600	590		the costs of evaluating and approving the following courses:
601	591		[(1) courses that satisfy high school graduation
602	592		requirements;
603	593		[(2) courses that would likely benefit a student in
604	594		obtaining admission to a postsecondary institution;
605	595		[(3) courses, including dual credit courses, that
606	596		allow a student to earn college credit or other advanced credit;
607	597		[(4) courses in subject areas most likely to be highly
608	598		beneficial to students receiving educational services under the
609	599		supervision of a juvenile probation department, the Texas Juvenile
610	600		Justice Department, or the Texas Department of Criminal Justice;
611	601		and
612	602		[(5) courses in subject areas designated by the
613	603		commissioner as commonly experiencing a shortage of teachers.
614	604		[(d) If the agency determines that the costs of evaluating
615	605		and approving a submitted electronic course will not be paid by the
616	606		agency due to a shortage of funds available for that purpose, the]
617	607		school district, [open-enrollment] charter school, public or
618	608		private institution of higher education, or other eligible entity
619	609		that submits a [submitted the] course for evaluation and approval
620	610		shall [may] pay a fee equal to the amount of the costs of evaluating
621	611		and approving the course in order to ensure that evaluation of the
622	612		course occurs. The agency shall establish and publish a fee
623	613		schedule for purposes of this subsection.
624	614		(f) [(e)] The agency [administering authority] shall
625	615		require a course provider to apply for renewed approval of a
626	616		previously approved course in accordance with a schedule designed
627	617		to coincide with revisions to the required curriculum under Section
628	618		28.002(a) but not later than the 10th anniversary of the previous
629	619		approval.
630	620		Sec. 30B.108 [30A.1051]. ELECTRONIC COURSE PORTABILITY. A
631	621		student who transfers from one educational setting to another after
632	622		beginning enrollment in an electronic course is entitled to
633	623		continue enrollment in the course.
634	624		Sec. 30B.109 [30A.1052]. INDUCEMENTS FOR ENROLLMENT
635	625		PROHIBITED. (a) A course provider may not promise or provide
636	626		equipment or any other thing of value to a student or a student's
637	627		parent as an inducement for the student to enroll in an electronic
638	628		course offered through the statewide course catalog [state virtual
639	629		school network].
640	630		(b) The commissioner shall revoke approval under this
641	631		chapter of electronic courses offered by a course provider that
642	632		violates this section.
643	633		(c) The commissioner's action under this section is final
644	634		and may not be appealed.
645	635		Sec. 30B.110 [30A.106]. APPEAL TO COMMISSIONER. (a) A
646	636		course provider may appeal to the commissioner the agency's
647	637		[administering authority's] refusal to approve an electronic
648	638		course under Section 30B.107 [30A.105].
649	639		(b) If the commissioner determines that the agency's
650	640		[administering authority's] evaluation did not follow the criteria
651	641		or was otherwise irregular, the commissioner may overrule the
652	642		agency [administering authority] and place the course on a list of
653	643		approved courses. The commissioner's decision under this section is
654	644		final and may not be appealed.
655	645		Sec. 30B.111 [30A.107]. OPTIONS FOR PROVIDERS AND
656	646		STUDENTS. (a) A student who does not qualify under Section
657	647		30B.002(a)(1) may take one or more electronic courses through the
658	648		statewide course catalog if the student pays the fees for the course
659	649		in accordance with Section 30B.123 [A course provider may offer
660	650		electronic courses to:
661	651		[(1) students and adults who reside in this state; and
662	652		[(2) students who reside outside this state and who
663	653		meet the eligibility requirements under Section 30A.002(c)].
664	654		(b) A student who is enrolled in a school district or
665	655		[open-enrollment] charter school in this state [as a full-time
666	656		student] may not take [one or] more than three electronic courses in
667		-	any semester through the state online learning system [virtual
668		-	school network].
	657	+	any semester through the state virtual school network.
669	658		(c) A student who resides in this state but who is not
670	659		enrolled in a school district or [open-enrollment] charter school
671	660		in this state [as a full-time student] may, subject to Section
672	661		30B.123 [30A.155], enroll in electronic courses through the
673	662		statewide course catalog [state virtual school network]. A student
674	663		to whom this subsection applies:
675	664		(1) may not in any semester enroll in more than three
676		-	[two] electronic courses offered through the state ~~online learning~~
677		-	~~system [virtual school~~ network];
	665	+	[two] electronic courses offered through the state virtual school
	666	+	network;
678	667		(2) is not considered enrolled at the [to be a] public
679	668		school campus but shall be considered for purposes of state funding
680	669		as provided by Section 30B.122 [student];
681	670		(3) must obtain access to a course provided through
682	671		the statewide course catalog either [network] through a [the]
683	672		school district or [open-enrollment] charter school [attendance
684	673		zone in which the student resides];
685	674		(4) is not entitled to enroll in a course offered by a
686	675		school district or [open-enrollment] charter school other than an
687	676		electronic course provided through the statewide course catalog
688	677		[network]; and
689	678		(5) is not entitled to any right, privilege,
690	679		activities, or services available to a student enrolled in a public
691	680		school, other than the right to receive the appropriate unit of
692	681		credit for completing an electronic course.
693	682		(d) A school district or [open-enrollment] charter school
694	683		may not require a student to enroll in an electronic course.
695	684		(e) A school district or charter school shall require
696	685		students to take a student orientation course to access the
697	686		statewide course catalog.
698	687		Sec. 30B.112 [30A.108]. INFORMED CHOICE REPORTS. (a) Not
699	688		later than a date determined by the commissioner, the agency
700	689		[administering authority] shall create and maintain on the state
701		-	online learning system's [virtual school network's] Internet
702		-	website an "informed choice" report as provided by commissioner
703		-	rule.
	690	+	virtual school network's Internet website an "informed choice"
	691	+	report as provided by commissioner rule.
704	692		(b) Each report under this section must describe each
705	693		electronic course offered through the statewide course catalog
706	694		[state virtual school network] and include the following
707	695		information:
708	696		(1) course requirements;
709	697		(2) the school year calendar for the course, including
710	698		any options for continued participation outside of the standard
711	699		school year calendar;
712	700		(3) the entity that developed the course;
713	701		(4) the entity that provided the course;
714	702		(5) the course completion rate;
715	703		(6) aggregate student performance on an assessment
716	704		instrument administered under Section 39.023 to students enrolled
717	705		in the course;
718	706		(7) aggregate student performance on all assessment
719	707		instruments administered under Section 39.023 to students who
720	708		completed the course provider's courses; and
721	709		(8) other information determined by the commissioner.
722	710		Sec. 30B.113 [30A.109]. COMPULSORY ATTENDANCE. The
723	711		commissioner by rule shall adopt procedures for reporting and
724	712		verifying the attendance of a student enrolled in an electronic
725	713		course provided through the statewide course catalog [state virtual
726	714		school network]. The rules may modify the application of Sections
727	715		25.085, 25.086, and 25.087 for a student enrolled in an electronic
728	716		course but must require participation in an educational program
729	717		equivalent to the requirements prescribed by those sections.
730	718		Sec. 30B.114 [30A.110]. APPLICABILITY OF ACCOUNTABILITY
731	719		REQUIREMENTS. (a) Chapter 39 applies to an electronic course
732	720		offered through the statewide course catalog [state virtual school
733	721		network] in the same manner that that chapter applies to any other
734	722		course offered by a school district or open-enrollment charter
735	723		school.
736	724		(b) The performance of a student described by Section
737	725		30B.111(c) may not be considered for purposes of accountability for
738	726		a school district or charter school.
739	727		(c) Each student enrolled under this chapter in an
740	728		electronic course offered through the statewide course catalog
741	729		[state virtual school network] must take any assessment instrument
742	730		under Section 39.023 that is administered to students who are
743	731		provided instruction in the course material in the traditional
744	732		classroom setting. The administration of the assessment instrument
745	733		to the student enrolled in the electronic course must be supervised
746	734		by a proctor.
747	735		(d) [(c)] A school district or [open-enrollment] charter
748	736		school shall report to the commissioner through the Public
749	737		Education Information Management System (PEIMS) the results of
750	738		assessment instruments administered to students enrolled in an
751	739		electronic course offered through the statewide course catalog
752	740		[state virtual school network] separately from the results of
753	741		assessment instruments administered to other students.
754	742		Sec. 30B.115 [30A.111]. TEACHER AND INSTRUCTOR
755	743		QUALIFICATIONS. (a) Each teacher of an electronic course offered
756	744		by a school district or [open-enrollment] charter school through
757	745		the statewide course catalog [state virtual school network] must:
758	746		(1) be certified under Subchapter B, Chapter 21, to
759	747		teach that course and grade level; and
760	748		(2) successfully complete the appropriate
761	749		professional development course provided under Section 30B.116(a)
762	750		[30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic
763	751		course offered through the statewide course catalog [network].
764	752		(b) The commissioner by rule shall establish procedures for
765	753		verifying successful completion by a teacher of the appropriate
766	754		professional development course required by Subsection (a)(2).
767	755		(c) The commissioner by rule shall establish qualifications
768	756		and professional development requirements applicable to college
769	757		instructors providing instruction in dual credit courses through
770	758		the statewide course catalog [state virtual school network] that
771	759		allow a student to earn high school credit and college credit or
772	760		other credit.
773	761		Sec. 30B.116 [30A.112]. EDUCATOR PROFESSIONAL
774		-	DEVELOPMENT. (a) The state online learning system [virtual school
775		-	network] shall provide or authorize providers of electronic
776		-	professional development courses or programs to provide
777		-	professional development for teachers who are teaching electronic
778		-	courses through the statewide course catalog [network].
779		-	(b) The state online learning system [virtual school
780		-	network] may provide or authorize providers of electronic
781		-	professional development courses to provide professional
782		-	development for:
	762	+	DEVELOPMENT. (a) The state virtual school network shall provide or
	763	+	authorize providers of electronic professional development courses
	764	+	or programs to provide professional development for teachers who
	765	+	are teaching electronic courses through the statewide course
	766	+	catalog [network].
	767	+	(b) The state virtual school network may provide or
	768	+	authorize providers of electronic professional development courses
	769	+	to provide professional development for:
783	770		(1) teachers who are teaching subjects or grade levels
784	771		for which the teachers are not certified; or
785	772		(2) teachers who must become qualified under the
786	773		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
787	774		et seq.).
788	775		Sec. 30B.117 [30A.1121]. ALTERNATIVE EDUCATOR
789	776		PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), a course
790	777		provider may provide professional development courses to teachers
791	778		seeking to become authorized to teach electronic courses provided
792	779		through the statewide course catalog [state virtual school
793	780		network]. A course provider may provide a professional development
794	781		course that is approved under Subsection (b) to any interested
795	782		teacher, regardless of the teacher's employer.
796	783		(b) The agency shall review each professional development
797	784		course sought to be provided by a course provider under Subsection
798	785		(a) to determine if the course meets the quality standards
799	786		established under Section 30B.118 [30A.113]. If a course meets
800	787		those standards, the course provider may provide the course for
801	788		purposes of enabling a teacher to comply with Section 30B.115(a)(2)
802	789		[30A.111(a)(2)].
803	790		Sec. 30B.118 [30A.113]. CRITERIA FOR ELECTRONIC
804	791		PROFESSIONAL DEVELOPMENT COURSES. The commissioner by rule shall
805	792		establish objective standard criteria for quality of an electronic
806	793		professional development course provided under Section 30B.116
807	794		[30A.112].
808	795		Sec. 30B.119 [30A.114]. REGIONAL EDUCATION SERVICE
809	796		CENTERS. The commissioner by rule shall allow regional education
810	797		service centers to participate in the statewide course catalog
811	798		[state virtual school network] in the same manner as course
812	799		providers.
813	800		Sec. 30B.120 [30A.115]. ADDITIONAL RESOURCES. The
814	801		commissioner by rule may establish procedures for providing
815	802		additional resources, such as an online library, to students and
816	803		educators served through the statewide course catalog [state
817	804		virtual school network]. The agency [administering authority] may
818	805		provide the additional resources only if the commissioner receives
819	806		an appropriation, gift, or grant sufficient to pay the costs of
820	807		providing those resources.
821	808		Sec. 30B.121 [30A.151]. COSTS TO BE BORNE BY STATE. (a)
822	809		Except as authorized by Section 30B.007 or 30B.107 [Section
823	810		30A.152] or this section, the state shall pay the cost of operating
824		-	the state ~~online learning system [~~virtual school network].
	811	+	the state virtual school network.
825	812		(b) Except as provided by Section 30B.107, the [The]
826		-	operating costs of the state online learning system [virtual school
827		-	network] may not be charged to a school district or
828		-	[open-enrollment] charter school.
	813	+	operating costs of the state virtual school network may not be
	814	+	charged to a school district or [open-enrollment] charter school.
829	815		(c) The costs of providing electronic professional
830	816		development courses may be paid by state funds appropriated by the
831	817		legislature or federal funds that may be used for that purpose.
832	818		(d) [(e)] State funds provided in connection with the state
833		-	~~online learning system [~~virtual school network] may not be used in a
834		-	~~manner that violates~~ Section 7, Article I, Texas Constitution.
	819	+	virtual school network may not be used in a manner that violates
	820	+	Section 7, Article I, Texas Constitution.
835	821		[(f) For a full-time electronic course program offered
836	822		through the state virtual school network for a grade level at or
837	823		above grade level three but not above grade level eight, a school
838	824		district or open-enrollment charter school is entitled to receive
839	825		federal, state, and local funding for a student enrolled in the
840	826		program in an amount equal to the funding the district or school
841	827		would otherwise receive for a student enrolled in the district or
842	828		school. The district or school may calculate the average daily
843	829		attendance of a student enrolled in the program based on:
844	830		[(1) hours of contact with the student;
845	831		[(2) the student's successful completion of a course;
846	832		or
847	833		[(3) a method approved by the commissioner.]
848	834		Sec. 30B.122 [30A.153]. FOUNDATION SCHOOL PROGRAM FUNDING.
849	835		(a) Subject to the limitation imposed under Subsection (b)
850	836		[(a-1)], a school district or open-enrollment charter school in
851	837		which a student is enrolled is entitled to funding under Chapter 48
852	838		or in accordance with the terms of a charter granted under Section
853	839		12.101 for the student's enrollment in an electronic course offered
854	840		through the statewide course catalog [state virtual school network]
855	841		in the same manner that the district or school is entitled to
856	842		funding for the student's enrollment in courses provided in a
857	843		traditional classroom setting, provided that the student
858	844		successfully completes the electronic course.
859	845		(b) [(a-1)] For purposes of Subsection (a), a school
860	846		district or open-enrollment charter school is limited to the
861	847		funding described by that subsection for a student's enrollment in
862	848		not more than three electronic courses during any school year[,
863	849		unless the student is enrolled in a full-time online program that
864	850		was operating on January 1, 2013].
865		-	(c) [(b)] The commissioner[, after considering comments
	851	+	(c) For purposes of funding a school district or charter
	852	+	school that provides access to an electronic course to a student
	853	+	described by Section 30B.111(c) who would be entitled to the
	854	+	benefits of the Foundation School Program under Section 48.003 if
	855	+	enrolled in a school district, the agency shall aggregate up to
	856	+	three courses offered during the year to such students at the
	857	+	district or school and divide by five to establish the number of
	858	+	possible students in average daily attendance, rounding up to the
	859	+	half-day average daily attendance.
	860	+	(d) [(b)] The commissioner[, after considering comments
866	861		from school district and open-enrollment charter school
867	862		representatives,] shall adopt a standard agreement that governs the
868	863		costs, payment of funds, and other matters relating to a student's
869	864		enrollment in an electronic course offered through the statewide
870	865		course catalog [state virtual school network]. The agreement may
871	866		not require a school district or [open-enrollment] charter school
872	867		to pay the provider the full amount until the student has
873	868		successfully completed the electronic course[, and the full amount
874	869		may not exceed the limits specified by Section 30A.105(b)].
875		-	(d) [(c)] A school district or [open-enrollment] charter
	870	+	(e) [(c)] A school district or [open-enrollment] charter
876	871		school shall use the standard agreement adopted under Subsection
877		-	(c) [(b)] unless:
	872	+	(d) [(b)] unless:
878	873		(1) the district or school requests from the
879	874		commissioner permission to modify the standard agreement; and
880	875		(2) the commissioner authorizes the modification.
881		-	(e) [(d)] The commissioner shall adopt rules necessary to
	876	+	(f) [(d)] The commissioner shall adopt rules necessary to
882	877		implement this section, including rules regarding attendance
883	878		accounting.
884	879		Sec. 30B.123 [30A.155]. FEES. (a) A school district or
885	880		[open-enrollment] charter school may charge a fee for enrollment in
886	881		an electronic course provided through the statewide course catalog
887	882		[state virtual school network] to a student who resides in this
888	883		state and[:
889	884		[(1)] is enrolled in a school district or
890	885		[open-enrollment] charter school as a full-time student with a
891	886		course load greater than that normally taken by students in the
892	887		equivalent grade level in other school districts or
893	888		[open-enrollment] charter schools[; or
894	889		[(2) elects to enroll in an electronic course provided
895	890		through the network for which the school district or
896	891		open-enrollment charter school in which the student is enrolled as
897	892		a full-time student declines to pay the cost, as authorized by
898	893		Section 26.0031(c-1)].
899	894		(b) [(a-1)] A school district or [open-enrollment] charter
900	895		school may charge a fee for enrollment in an electronic course
901	896		provided through the statewide course catalog [state virtual school
902	897		network] during the summer.
903	898		(c) [(b)] A school district or [open-enrollment] charter
904	899		school shall charge a fee for enrollment in an electronic course
905	900		provided through the statewide course catalog [state virtual school
906		-	network] to a student who:
907		-	(1) resides in this state and is not enrolled in a
908		-	school district or [open-enrollment] charter school; or
909		-	(2) does not satisfy the criteria of Section
910		-	30B.002(a)(1) [as a full-time student].
	901	+	network] to a student who does not satisfy the criteria of Section
	902	+	30B.002(a)(1) [who resides in this state and is not enrolled in a
	903	+	school district or open-enrollment charter school as a full-time
	904	+	student].
911	905		(d) [(c)] The amount of a fee charged a student under
912	906		Subsection (a), [(a-1), or] (b), or (c) for each electronic course
913	907		in which the student enrolls through the statewide course catalog
914	908		[state virtual school network] may not exceed the lesser of:
915	909		(1) the cost of providing the course; or
916	910		(2) an amount set by the commissioner [$400].
917	911		(e) [(c-1)] A school district or [open-enrollment] charter
918	912		school that is not the course provider may charge a student enrolled
919	913		in the district or school a nominal fee, not to exceed the amount
920	914		specified by the commissioner, if the student enrolls in an
921	915		electronic course provided through the statewide course catalog
922	916		[state virtual school network] that exceeds the course load
923	917		normally taken by students in the equivalent grade level. A
924	918		juvenile probation department or state agency may charge a
925	919		comparable fee to a student under the supervision of the department
926	920		or agency.
927	921		(f) [(d)] Except as provided by this section, the state
928		-	~~online learning system [~~virtual school network] may not charge a
929		-	~~fee to students for~~ electronic courses provided through the
930		-	~~statewide course catalog~~ [network].
	922	+	virtual school network may not charge a fee to students for
	923	+	electronic courses provided through the statewide course catalog
	924	+	[network].
931	925		[(e) This chapter does not entitle a student who is not
932	926		enrolled on a full-time basis in a school district or
933	927		open-enrollment charter school to the benefits of the Foundation
934	928		School Program.]
935	929		SECTION 13. Chapter 30B, Education Code, as added by this
936	930		Act, is amended by adding Subchapter D to read as follows:
937		-	SUBCHAPTER D. FULL-TIME VIRTUAL ~~PROGRAM~~
	931	+	SUBCHAPTER D. FULL-TIME VIRTUAL SCHOOL
938	932		Sec. 30B.201. ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL
939		-	PROGRAM. (a) A school district or charter school may operate one
940		-	or more full-time virtual programs under this subchapter only if
	933	+	SCHOOL. (a) The commissioner may establish criteria for,
	934	+	authorize the operation of, and approve an expansion of a full-time
	935	+	virtual school under this subchapter.
	936	+	(b) A school district or charter school is eligible to
	937	+	operate a full-time virtual school under this subchapter only if
941	938		the district or school receives an overall performance rating of C
942	939		or higher under Section 39.054.
943		-	(b) A public or private institution of higher education ~~may~~
944		-	operate ~~one or more~~ full-time virtual ~~programs~~ under this
	940	+	(c) A public or private institution of higher education is
	941	+	eligible to operate a full-time virtual school under this
945	942		subchapter only if the institution:
946	943		(1) complies with all applicable federal and state
947		-	laws prohibiting discrimination; and
948		-	(2) demonstrates financial solvency.
949		-	(c) An entity may not operate more than one full-time
950		-	virtual program at any elementary, middle school or junior high, or
951		-	high school grade levels.
952		-	(d) An entity that operates a full-time virtual program must
	944	+	laws prohibiting discrimination;
	945	+	(2) demonstrates financial solvency;
	946	+	(3) provides evidence of prior successful experience
	947	+	offering online education to students, with demonstrated student
	948	+	success in course completion and performance, as determined by the
	949	+	commissioner;
	950	+	(4) has a charter granted under Subchapter D or E,
	951	+	Chapter 12, authorized to provide a full-time virtual school; and
	952	+	(5) has not been subject to contract revocation under
	953	+	Section 30B.212.
	954	+	(d) The commissioner may not authorize an entity to operate
	955	+	more than one full-time virtual school under this subchapter unless
	956	+	the additional full-time virtual school will be designated as a
	957	+	dropout recovery school under Section 39.0548.
	958	+	(e) An entity that operates a full-time virtual school must
953	959		offer:
954	960		(1) at least one grade level in which an assessment
955	961		instrument is required to be administered under Section 39.023(a),
956	962		including each subject for which an assessment instrument is
957	963		required; or
958	964		(2) a complete high school program, including each
959	965		course for which an end-of-course assessment instrument is required
960	966		to be administered under Section 39.023(c).
961		-	(e) Notwithstanding any other provision of this chapter, a
	967	+	(f) Notwithstanding any other provision of this chapter, a
962	968		school district or charter school that operated a full-time online
963	969		program during the 2020-2021 school year under former Chapter 30A
964		-	or with commissioner approval may continue to operate the program
965		-	as a full-time virtual program under this subchapter.
966		-	Sec. 30B.202. FULL-TIME VIRTUAL PROGRAM ENROLLMENT AND
967		-	ADMISSION. (a) If a full-time virtual program receives more
968		-	acceptable applications for admission than available positions in
969		-	the program for a school year, the program shall:
	970	+	may continue to operate the program as a full-time virtual school
	971	+	under this subchapter for a term of three years. At the end of that
	972	+	term, the district or charter school must submit a petition for
	973	+	renewal under Section 30B.213(c) to continue operating the
	974	+	full-time virtual school. This subsection expires September 1,
	975	+	2024.
	976	+	Sec. 30B.202. FULL-TIME VIRTUAL SCHOOL ENROLLMENT AND
	977	+	ADMISSION. (a) Subject to Subsection (b), the total number of
	978	+	students enrolled in full-time virtual schools may not exceed:
	979	+	(1) for the 2021-2022 school year, 120 percent of the
	980	+	total number of students enrolled in full-time online programs
	981	+	offered through the state virtual school network under former
	982	+	Chapter 30A for the 2020-2021 school year; or
	983	+	(2) for each school year after the 2021-2022 school
	984	+	year, 102 percent of the total number of students enrolled in
	985	+	full-time virtual schools for the preceding school year.
	986	+	(b) The limit under Subsection (a) does not apply to
	987	+	students who:
	988	+	(1) are enrolled in a full-time virtual school to
	989	+	which admission is restricted under Subsection (f); or
	990	+	(2) were enrolled in a school district or charter
	991	+	school in the state during the preceding school year.
	992	+	(c) To ensure compliance with the maximum number of enrolled
	993	+	students under Subsection (a), the commissioner by rule shall
	994	+	establish a method for determining the total number of students
	995	+	that each full-time virtual school may enroll for a school year.
	996	+	(d) The commissioner shall adopt rules requiring full-time
	997	+	virtual schools to prioritize the admission of students who were
	998	+	enrolled in a school district or charter school during the
	999	+	preceding school year.
	1000	+	(e) If a full-time virtual school receives more acceptable
	1001	+	applications for admission than available positions in the school
	1002	+	for a school year, the school shall:
970	1003		(1) fill the available positions by lottery;
971	1004		(2) create a waitlist for any students not admitted
972	1005		under Subdivision (1); and
973		-	(3) provide to the agency the number of students on the
974		-	program's waitlist under Subdivision (2), if applicable.
975		-	(b) A school district or charter school operating a
976		-	full-time virtual program may elect to:
977		-	(1) by majority vote of the board of trustees of the
978		-	district or governing body of the school, offer admission to the
979		-	program only to students who reside in the district or the
980		-	geographic area served by the school; or
981		-	(2) notwithstanding Subsection (a), admit the
982		-	following students to the program before conducting a lottery to
983		-	fill remaining available positions:
984		-	(A) for a district or school that does not elect
985		-	to restrict admission to the program as provided by Subdivision
986		-	(1), a student who resides in the district or the geographic area
987		-	served by the school;
988		-	(B) a sibling of a student enrolled in the
989		-	program;
990		-	(C) a child under the conservatorship of the
991		-	Department of Family and Protective Services who resides with a
992		-	student enrolled in the program; or
993		-	(D) a child of an employee of the district or
994		-	school.
995		-	(c) A school district or charter school that elects to
996		-	restrict admission to the district's or school's full-time virtual
997		-	program as provided by Subsection (b)(1) shall post on the
998		-	district's or school's Internet website a notice stating that the
999		-	district or school restricts admission to the program as provided
1000		-	by that subdivision.
1001		-	Sec. 30B.203. FULL-TIME VIRTUAL PROGRAM LIST. The agency
1002		-	shall:
1003		-	(1) create a list of full-time virtual programs; and
	1006	+	(3) provide to the agency in accordance with
	1007	+	commissioner rule the number of students on the school's waitlist
	1008	+	under Subdivision (2), if applicable.
	1009	+	(f) A school district or charter school operating a
	1010	+	full-time virtual school may elect to offer admission to the school
	1011	+	only to students who reside in the district or the geographic area
	1012	+	served by the charter school.
	1013	+	Sec. 30B.203. FULL-TIME VIRTUAL SCHOOL LIST. (a) The
	1014	+	agency shall:
	1015	+	(1) create a list of full-time virtual schools;
1004	1016		(2) publish in a prominent location on the state
1005		-	online learning system's Internet website a list of and contact and
1006		-	waitlist information for all full-time virtual programs and include
1007		-	a statement for each listed program indicating whether the program
1008		-	restricts admission under Section 30B.202(b)(1).
1009		-	Sec. 30B.204. INDUCEMENTS FOR ENROLLMENT PROHIBITED. An
1010		-	entity that operates a full-time virtual program may not promise or
1011		-	provide equipment or any other thing of value to a student or a
	1017	+	virtual school network's Internet website a list of and contact and
	1018	+	waitlist information for all full-time virtual schools and include
	1019	+	a statement for each listed school indicating whether the school
	1020	+	restricts admission under Section 30B.202(f);
	1021	+	(3) provide access to the accountability ratings of
	1022	+	each full-time virtual school;
	1023	+	(4) provide notice to each student enrolled in a
	1024	+	full-time virtual school and the student's parent of the name and
	1025	+	contact information of the operator of the full-time virtual school
	1026	+	in which the student is enrolled; and
	1027	+	(5) include any other information the commissioner
	1028	+	determines necessary to inform student choice.
	1029	+	(b) The agency shall provide students who have completed or
	1030	+	withdrawn from a full-time virtual school and their parents with a
	1031	+	method for providing comments regarding the school. The comment
	1032	+	method must include a quantitative rating system and a list of
	1033	+	verbal descriptors that a student or parent may select as
	1034	+	appropriate.
	1035	+	(c) The agency shall provide public access to the comments
	1036	+	submitted by students and parents under this section.
	1037	+	Sec. 30B.204. INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a)
	1038	+	An entity that operates a full-time virtual school may not promise
	1039	+	or provide equipment or any other thing of value to a student or a
1012	1040		student's parent as an inducement for the student to enroll in the
1013		-	full-time virtual program.
1014		-	Sec. 30B.205. FULL-TIME VIRTUAL PROGRAM DASHBOARD. (a)
1015		-	The agency shall develop and maintain on the agency's Internet
1016		-	website a dashboard that provides to the public information
1017		-	regarding the performance of full-time virtual programs.
1018		-	(b) The State Board of Education, with the agency's
1019		-	assistance, shall adopt a model achievement profile for use by the
1020		-	agency for purposes of providing the information required under
1021		-	Subsection (a). The model achievement profile must be developed to
1022		-	include:
1023		-	(1) the name of the entity that operates the program;
1024		-	(2) the entity's experience with operating other
1025		-	online educational programs;
1026		-	(3) the program's mission;
1027		-	(4) the accountability ratings of the program and each
1028		-	other full-time virtual program operated by the entity;
1029		-	(5) the entity's performance history in operating
1030		-	full-time virtual programs for the preceding three years; and
1031		-	(6) multiple measures of academic and educational
1032		-	performance, including:
1033		-	(A) the performance of students enrolled in the
1034		-	program on:
1035		-	(i) an assessment instrument in mathematics
1036		-	or reading administered under Section 39.023(a);
1037		-	(ii) an end-of-course assessment
1038		-	instrument in Algebra I, English I, or English II administered
1039		-	under Section 39.023(c); or
1040		-	(iii) an assessment instrument in
1041		-	mathematics or reading administered to students of limited English
1042		-	proficiency under Section 39.023(l);
1043		-	(B) if the program offers one or more high school
1044		-	grade levels, student progress toward college and career readiness;
1045		-	and
1046		-	(C) measures of education performance or other
1047		-	relevant indicators of program quality that assess the program's
1048		-	educational impact, including graduation rates and attendance
1049		-	rates.
1050		-	(c) Not later than November 1 of each year, the agency shall
1051		-	develop and post on the dashboard required by Subsection (a) an
1052		-	achievement profile for each full-time virtual program, using the
1053		-	model achievement profile adopted by the State Board of Education
1054		-	under Subsection (b).
1055		-	(d) For purposes of tracking academic mobility, a full-time
1056		-	virtual program shall solicit from the parent or guardian of each
1057		-	student enrolled in the program:
1058		-	(1) the reasons for enrolling the student in the
1059		-	program; and
1060		-	(2) the reasons for withdrawing the student from the
1061		-	program if the student has withdrawn from the program for a reason
1062		-	other than completion of the program.
1063		-	(e) Each full-time virtual program shall collect and report
1064		-	to the agency the following information to be included in the
1065		-	program's achievement profile:
1066		-	(1) the academic mobility information collected under
1067		-	Subsection (d);
1068		-	(2) data demonstrating student progress toward
1069		-	graduation, including measures of progress that account for the
1070		-	characteristics of each enrolled student consistent with
1071		-	evidence-based best practices, including a comparison of the
1072		-	student's age and number of course credits before and after
1073		-	enrolling in the program;
1074		-	(3) for a program that offers grade 12, the high school
1075		-	graduation rate of each student cohort; and
1076		-	(4) data relating to academic achievement and growth,
1077		-	including the duration of each student's enrollment in the program
1078		-	to facilitate a comparison of academic achievement and growth
1079		-	between student cohorts enrolled in the program for similar
1080		-	durations.
1081		-	Sec. 30B.206. INFORMATION REGARDING ENTITY CONTRACTED TO
1082		-	OPERATE FULL-TIME VIRTUAL PROGRAM. A school district, charter
1083		-	school, or public or private institution of higher education that
1084		-	contracts with an entity to operate a full-time virtual program for
1085		-	the district, school, or institution shall post on the district's,
1086		-	school's, or institution's Internet website:
1087		-	(1) the name of the entity that operates the program;
1088		-	(2) the entity's experience with operating other
1089		-	online educational programs;
1090		-	(3) the program's mission;
1091		-	(4) the accountability ratings of the program; and
1092		-	(5) the entity's performance history in operating the
1093		-	full-time virtual program for the preceding three years.
1094		-	Sec. 30B.207. COMPULSORY ATTENDANCE. The commissioner by
	1041	+	full-time virtual school.
	1042	+	(b) The commissioner shall revoke an entity's authorization
	1043	+	to operate a full-time virtual school if the entity violates this
	1044	+	section.
	1045	+	(c) The commissioner's action under this section is final
	1046	+	and may not be appealed.
	1047	+	Sec. 30B.205. COMPULSORY ATTENDANCE. The commissioner by
1095	1048		rule shall adopt procedures for reporting and verifying the
1096		-	attendance of a student enrolled in a full-time virtual program.
1097		-	The rules:
1098		-	(1) must include procedures for reporting and
1099		-	verifying the attendance of a student during the periods the
1100		-	student receives synchronous instruction, asynchronous
1101		-	instruction, or both synchronous and asynchronous instruction; and
1102		-	(2) may modify the application of Sections 25.085,
1103		-	25.086, and 25.087 for a student enrolled in a full-time virtual
1104		-	program but must require participation in an educational program
1105		-	equivalent to the requirements prescribed by those sections.
1106		-	Sec. 30B.208. OPTION TO PROVIDE IN-PERSON INSTRUCTION. An
1107		-	entity operating a full-time virtual program may elect to offer a
1108		-	portion of a student's instruction in person.
1109		-	Sec. 30B.209. COURSE ELIGIBILITY. (a) A course offered by
1110		-	a full-time virtual program must be aligned with the essential
	1049	+	attendance of a student enrolled in a full-time virtual school. The
	1050	+	rules may modify the application of Sections 25.085, 25.086, and
	1051	+	25.087 for a student enrolled in a full-time virtual school but must
	1052	+	require participation in an educational program equivalent to the
	1053	+	requirements prescribed by those sections.
	1054	+	Sec. 30B.206. COURSE ELIGIBILITY. (a) A course offered by
	1055	+	a full-time virtual school must be aligned with the essential
1111	1056		knowledge and skills identified under Section 28.002(c) for the
1112	1057		grade level.
1113	1058		(b) If the essential knowledge and skills with which a
1114	1059		course is aligned in accordance with Subsection (a) are modified,
1115		-	the entity operating the full-time virtual ~~program~~ must be provided
	1060	+	the entity operating the full-time virtual school must be provided
1116	1061		the same period to revise the course to achieve alignment with the
1117	1062		modified essential knowledge and skills as is provided for the
1118	1063		modification of a course provided in a traditional classroom
1119	1064		setting.
1120		-	Sec. 30B.~~210~~. APPLICABILITY OF ACCOUNTABILITY
1121		-	REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual
1122		-	~~program~~ in the same manner that the chapter applies to a school
1123		-	~~district or~~ open-enrollment charter school.
	1065	+	Sec. 30B.207. APPLICABILITY OF ACCOUNTABILITY
	1066	+	REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual school
	1067	+	in the same manner that the chapter applies to a school district or
	1068	+	open-enrollment charter school.
1124	1069		(b) Each student enrolled in a subject or course in a
1125		-	full-time virtual program must take each assessment instrument
1126		-	under Section 39.023 that is administered to students who are
1127		-	provided instruction in the subject or course material in the
1128		-	traditional classroom setting. The administration of the
1129		-	assessment instrument to the student enrolled in the full-time
1130		-	virtual program must be supervised by a proctor.
1131		-	Sec. 30B.211. TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)
1132		-	Each teacher at a full-time virtual program must:
	1070	+	full-time virtual school must take each assessment instrument under
	1071	+	Section 39.023 that is administered to students who are provided
	1072	+	instruction in the subject or course material in the traditional
	1073	+	classroom setting. The administration of the assessment instrument
	1074	+	to the student enrolled in the full-time virtual school must be
	1075	+	supervised by a proctor.
	1076	+	(c) An entity that operates multiple full-time virtual
	1077	+	schools under contracts described by Section 30B.212 shall receive
	1078	+	an accountability rating for:
	1079	+	(1) each full-time virtual school as if the school
	1080	+	were a campus; and
	1081	+	(2) the entity as if the entity were a school district
	1082	+	or open-enrollment charter school and each full-time virtual school
	1083	+	were a campus of the district or school.
	1084	+	Sec. 30B.208. TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)
	1085	+	Each teacher at a full-time virtual school must:
1133	1086		(1) be certified under Subchapter B, Chapter 21, to
1134		-	teach that course and grade level, if that certification would be
1135		-	required to teach equivalent in-person courses at:
1136		-	(A) a school district, if the teacher is employed
1137		-	by a school district; or
1138		-	(B) an open-enrollment charter school, if the
1139		-	teacher is employed by a charter school or public or private
1140		-	institution of higher education; and
	1087	+	teach that course and grade level; and
1141	1088		(2) successfully complete the appropriate
1142	1089		professional development course provided under Section 30B.116(a)
1143		-	or 30B.117 before teaching at a full-time virtual ~~program~~.
	1090	+	or 30B.117 before teaching at a full-time virtual school.
1144	1091		(b) The commissioner by rule shall establish procedures for
1145	1092		verifying successful completion by a teacher of the appropriate
1146	1093		professional development course required by Subsection (a)(2).
1147	1094		(c) The commissioner by rule shall establish qualifications
1148	1095		and professional development requirements applicable to college
1149	1096		instructors providing instruction in dual credit courses through a
1150		-	full-time virtual ~~program~~ that allow a student to earn high school
	1097	+	full-time virtual school that allow a student to earn high school
1151	1098		credit and college credit or other credit.
1152		-	(d) Each full-time virtual program shall establish clear
1153		-	requirements relating to teacher responsiveness.
1154		-	Sec. 30B.212. FUNDING. (a) Except as provided by
1155		-	Subsection (b), a full-time virtual program in which a student
1156		-	described by Section 30B.002(a)(1) is enrolled is entitled to
1157		-	funding under Chapter 48 or in accordance with the terms of a
1158		-	charter granted under Chapter 12 for the student's enrollment in
1159		-	electronic courses in a full-time virtual program in the same
	1099	+	Sec. 30B.209. FUNDING. (a) A full-time virtual school in
	1100	+	which a student described by Section 30B.002(a)(1) is enrolled is
	1101	+	entitled to funding under Chapter 48 or in accordance with the terms
	1102	+	of a charter granted under Chapter 12 for the student's enrollment
	1103	+	in electronic courses in a full-time virtual school in the same
1160	1104		manner that a school district or charter school would be entitled to
1161	1105		funding for the student's enrollment in courses provided in a
1162		-	traditional classroom setting.
1163		-	(b) A student enrolled in a full-time virtual program
1164		-	operated by a school district or charter school who does not reside
1165		-	in the district or the geographic area served by the charter school
1166		-	may not be counted toward the district's or charter school's average
1167		-	daily attendance for purposes of an allotment under Section
1168		-	12.106(a-2), 48.101, or 48.111, as applicable.
1169		-	(c) A full-time virtual program may charge a fee for a
	1106	+	traditional classroom setting, provided that the student
	1107	+	successfully completes the electronic course.
	1108	+	(b) A full-time virtual school may charge a fee for a
1170	1109		student who does not qualify under Section 30B.002(a)(1).
1171		-	Sec. 30B.213. ENGAGEMENT POLICY. (a) Each full-time
1172		-	virtual program shall develop and adopt an engagement policy
1173		-	regarding the expectations for students enrolled in the program.
1174		-	The engagement policy must include:
1175		-	(1) academic and behavioral expectations;
1176		-	(2) intervention strategies, including a timeline for
1177		-	implementing the intervention strategies; and
1178		-	(3) the circumstances in which a student may be
1179		-	unenrolled from the program.
1180		-	(b) Before enrolling a student, a full-time virtual program
1181		-	shall provide a copy of the engagement policy adopted under
1182		-	Subsection (a) to the parent or guardian of the student.
1183		-	Sec. 30B.214. ORIENTATION COURSE. Each full-time virtual
1184		-	program shall require a student to take an orientation course
1185		-	before enrolling in the program. The agency shall provide guidance
	1110	+	Sec. 30B.210. ORIENTATION COURSE. Each full-time virtual
	1111	+	school shall require a student to take an orientation course before
	1112	+	enrolling in the school. The agency shall provide guidance
1186	1113		regarding the development and delivery of an orientation course.
1187		-	Sec. 30B.~~215~~. PARENT-TEACHER CONFERENCE. (a) Each
1188		-	full-time virtual ~~program~~, on a periodic basis throughout each
	1114	+	Sec. 30B.211. PARENT-TEACHER CONFERENCE. (a) Each
	1115	+	full-time virtual school, on a periodic basis throughout each
1189	1116		school year, shall communicate with each parent of or person
1190	1117		standing in parental relation to an enrolled student regarding the
1191		-	performance and progress of the student. The ~~program~~ shall:
	1118	+	performance and progress of the student. The school shall:
1192	1119		(1) provide opportunities for parent-teacher
1193	1120		conferences;
1194	1121		(2) document any requests for parent-teacher
1195	1122		conferences; and
1196	1123		(3) permit students to participate in the
1197	1124		parent-teacher conferences.
1198	1125		(b) Parent-teacher conferences may be conducted in person
1199	1126		or through electronic means.
	1127	+	Sec. 30B.212. CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL
	1128	+	SERVICES. (a) A school district or charter school authorized to
	1129	+	operate a full-time virtual school under Section 30B.201 that
	1130	+	contracts with an entity to operate the full-time virtual school
	1131	+	shall report to the agency:
	1132	+	(1) the identity of the contracted entity each year
	1133	+	the contracted entity operates the full-time virtual school; and
	1134	+	(2) information required to be reported under Section
	1135	+	48.008 regarding staff and finances as if the full-time virtual
	1136	+	school were a campus.
	1137	+	(b) A school district or charter school shall revoke a
	1138	+	contract with an entity to operate a full-time virtual school for
	1139	+	the district or school if the entity has received for the three most
	1140	+	recent school years a campus or district accountability rating of D
	1141	+	or F under Subchapter C, Chapter 39. A school district or charter
	1142	+	school shall include a contract revocation provision in each
	1143	+	contract entered into with an entity to operate a full-time virtual
	1144	+	school for the district or school under this section.
	1145	+	(c) The agency shall notify a school district or charter
	1146	+	school that the district or school is subject to Subsection (b) if
	1147	+	its full-time virtual school campus has received for the three most
	1148	+	recent school years accountability ratings described by Subsection
	1149	+	(b). Failure to receive notice under this subsection does not
	1150	+	affect the requirement imposed on the district or school under
	1151	+	Subsection (b).
	1152	+	(d) A school district or charter school may not contract
	1153	+	with an entity to operate a full-time virtual school for the
	1154	+	district or school if the contracted entity operated a full-time
	1155	+	virtual school for a district or school and the contracting entity
	1156	+	was subject to a contract revocation under Subsection (b) within
	1157	+	the preceding 10 years.
	1158	+	(e) The agency shall include a list of entities subject to a
	1159	+	contract revocation under Subsection (b) on the state virtual
	1160	+	school network Internet website.
	1161	+	(f) An entity under this section includes a corporate
	1162	+	affiliate or an entity that is substantially related to the entity.
	1163	+	(g) The commissioner may adopt rules to implement this
	1164	+	section.
	1165	+	Sec. 30B.213. INITIAL TERM OF OPERATION; PROCEDURE FOR
	1166	+	RENEWAL, DENIAL OF RENEWAL, AND EXPIRATION. (a) The initial term
	1167	+	of operation for a full-time virtual school is five years.
	1168	+	(a-1) Notwithstanding Subsection (a), the initial term of
	1169	+	operation for a full-time virtual school is three years for a school
	1170	+	district or charter school that receives initial authorization to
	1171	+	operate the full-time virtual school for the 2021-2022 or 2022-2023
	1172	+	school year. This subsection expires September 1, 2025.
	1173	+	(b) The commissioner by rule shall develop a procedure for
	1174	+	the renewal, denial of renewal, and expiration of an authorization
	1175	+	to operate a full-time virtual school at the end of the
	1176	+	authorization's term. The procedure must include consideration of
	1177	+	the accountability rating under Chapter 39 of the full-time virtual
	1178	+	school.
	1179	+	(c) To renew an authorization to operate a full-time virtual
	1180	+	school at the end of a term of operation, the entity operating the
	1181	+	full-time virtual school shall submit a petition for renewal to the
	1182	+	commissioner in the time and manner developed under Subsection (b).
	1183	+	(d) If an entity authorized to operate a full-time virtual
	1184	+	school under Section 30B.201 has received for the three most recent
	1185	+	school years an accountability rating for the school of B or higher
	1186	+	under Subchapter C, Chapter 39, and submits a petition for renewal
	1187	+	under Subsection (c), the entity's authorization to operate the
	1188	+	school automatically renews unless, not later than the 60th day
	1189	+	after the date the entity submits the petition, the commissioner
	1190	+	provides written notice to the entity that automatic renewal is
	1191	+	denied.
	1192	+	(e) If an entity authorized to operate a full-time virtual
	1193	+	school under Section 30B.201 has received for the three most recent
	1194	+	school years an accountability rating for the school of C under
	1195	+	Subchapter C, Chapter 39, the commissioner may deny renewal of
	1196	+	authorization for the entity to operate the school.
	1197	+	(f) If an entity authorized to operate a full-time virtual
	1198	+	school under Section 30B.201 has received a campus or district
	1199	+	accountability rating of D or F under Subchapter C, Chapter 39, the
	1200	+	commissioner shall deny renewal of authorization for the entity to
	1201	+	operate a school.
	1202	+	(g) The renewal term for a full-time virtual school under
	1203	+	this section is 10 years.
	1204	+	(h) Notwithstanding any other law, a determination by the
	1205	+	commissioner under this section is final and may not be appealed.
	1206	+	Sec. 30B.214. BASIS FOR REVOCATION OF FULL-TIME VIRTUAL
	1207	+	SCHOOL AUTHORIZATION. (a) The commissioner may revoke
	1208	+	authorization for an entity to operate a full-time virtual school
	1209	+	under this subchapter if the commissioner determines that:
	1210	+	(1) the school is not meeting the best interests of its
	1211	+	students; or
	1212	+	(2) the revocation is necessary to ensure that
	1213	+	full-time virtual schools are high quality.
	1214	+	(b) The commissioner shall revoke the authorization for an
	1215	+	entity to operate a full-time virtual school under this subchapter
	1216	+	if the entity has received for the three most recent years a campus
	1217	+	or district accountability rating of D or F under Subchapter C,
	1218	+	Chapter 39.
	1219	+	Sec. 30B.215. PROCEDURE FOR REVOCATION OR DENIAL OF
	1220	+	RENEWAL. (a) The procedure developed by the commissioner under
	1221	+	Section 30B.213(b) shall include an informal procedure for:
	1222	+	(1) revoking an authorization to operate a full-time
	1223	+	virtual school; and
	1224	+	(2) denying the renewal of an authorization to operate
	1225	+	a full-time virtual school.
	1226	+	(b) The procedure developed under Subsection (a) must allow
	1227	+	representatives of the full-time virtual school to meet with the
	1228	+	commissioner to discuss the decision and allow the full-time
	1229	+	virtual school to submit additional information to the
	1230	+	commissioner. In a final decision issued by the commissioner, the
	1231	+	commissioner shall provide a written response to any information
	1232	+	the full-time virtual school submits under this subsection.
	1233	+	(c) A decision by the commissioner under this section is
	1234	+	final and may not be appealed.
	1235	+	Sec. 30B.216. EFFECT OF REVOCATION OR DENIAL OF RENEWAL OF
	1236	+	AUTHORIZATION TO OPERATE FULL-TIME VIRTUAL SCHOOL. If the
	1237	+	commissioner revokes or denies the renewal of an entity's
	1238	+	authorization to operate a full-time virtual school under this
	1239	+	subchapter, the school may not continue to operate or receive state
	1240	+	funds under this subchapter.
1200	1241		SECTION 14. Section 33.009(d), Education Code, is amended
1201	1242		to read as follows:
1202	1243		(d) An academy developed under this section must provide
1203	1244		counselors and other postsecondary advisors with knowledge and
1204	1245		skills to provide counseling to students regarding postsecondary
1205	1246		success and productive career planning and must include information
1206	1247		relating to:
1207	1248		(1) each endorsement described by Section
1208	1249		28.025(c-1), including:
1209	1250		(A) the course requirements for each
1210	1251		endorsement; and
1211	1252		(B) the postsecondary educational and career
1212	1253		opportunities associated with each endorsement;
1213	1254		(2) available methods for a student to earn credit for
1214	1255		a course not offered at the school in which the student is enrolled,
1215	1256		including enrollment in an electronic course provided through the
1216		-	state online learning system [virtual school network] under Chapter
1217		-	30B [30A];
	1257	+	state virtual school network under Chapter 30B [30A];
1218	1258		(3) general academic performance requirements for
1219	1259		admission to an institution of higher education, including the
1220	1260		requirements for automatic admission to a general academic teaching
1221	1261		institution under Section 51.803;
1222	1262		(4) regional workforce needs, including information
1223	1263		about the required education and the average wage or salary for
1224	1264		careers that meet those workforce needs; and
1225	1265		(5) effective strategies for engaging students and
1226	1266		parents in planning for postsecondary education and potential
1227	1267		careers, including participation in mentorships and business
1228	1268		partnerships.
1229	1269		SECTION 15. Section 48.104(f), Education Code, is amended
1230	1270		to read as follows:
1231	1271		(f) A student receiving a full-time virtual education under
1232	1272		Chapter 30B [through the state virtual school network] may be
1233	1273		included in determining the number of students who are
1234	1274		educationally disadvantaged and reside in an economically
1235	1275		disadvantaged census block group under Subsection (b) or (e), as
1236		-	applicable, if the school district or full-time virtual ~~program~~
	1276	+	applicable, if the school district or full-time virtual school
1237	1277		submits to the commissioner a plan detailing the enhanced services
1238	1278		that will be provided to the student and the commissioner approves
1239	1279		the plan.
1240	1280		SECTION 16. The following provisions of the Education Code
1241	1281		are repealed:
1242	1282		(1) the heading to Chapter 30A;
1243	1283		(2) the heading to Subchapter A, Chapter 30A;
1244	1284		(3) Section 30A.006;
1245	1285		(4) the heading to Subchapter B, Chapter 30A;
1246	1286		(5) Section 30A.053;
1247	1287		(6) Section 30A.055;
1248	1288		(7) Section 30A.056;
1249	1289		(8) the heading to Subchapter C, Chapter 30A;
1250	1290		(9) Section 30A.1042;
1251	1291		(10) the heading to Subchapter D, Chapter 30A; and
1252	1292		(11) Section 30A.152.
1253	1293		SECTION 17. This Act applies beginning with the 2021-2022
1254	1294		school year.
1255	1295		SECTION 18. This Act takes effect immediately if it
1256	1296		receives a vote of two-thirds of all the members elected to each
1257	1297		house, as provided by Section 39, Article III, Texas Constitution.
1258	1298		If this Act does not receive the vote necessary for immediate
1259	1299		effect, this Act takes effect September 1, 2021.
1260		-	* * * * *