Texas 2021 - 87th 1st C.S.

Texas House Bill HB256 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Bell of Kaufman H.B. No. 256
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to virtual instruction at a public school and the
7	7	satisfaction of teacher certification requirements through an
8	8	internship teaching certain virtual courses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.051, Education Code, is amended by
11	11	adding Subsection (g) to read as follows:
12	12	(g) Rules proposed by the board under Section 21.044(a) or
13	13	this section may allow a candidate to satisfy certification
14	14	requirements through an internship that provides the candidate
15	15	employment as a teacher for courses offered through a local remote
16	16	learning program under Section 29.9091 or the state virtual school
17	17	network under Chapter 30A. This subsection expires September 1,
18	18	2027.
19	19	SECTION 2. Section 25.092, Education Code, is amended by
20	20	adding Subsection (a-3) to read as follows:
21	21	(a-3) A school district or open-enrollment charter school
22	22	may adopt a policy to exempt students from the requirements of this
23	23	section for one or more courses identified in the policy that are
24	24	offered under a local remote learning program under Section
25	25	29.9091. This subsection expires September 1, 2027.
26	26	SECTION 3. Subchapter Z, Chapter 29, Education Code, is
27	27	amended by adding Section 29.9091 to read as follows:
28	28	Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) A school
29	29	district or open-enrollment charter school assigned an overall
30	30	performance rating of C or higher under Section 39.054 for the
31	31	preceding school year or the most recent school year in which a
32	32	performance rating was assigned may operate a local remote learning
33	33	program to offer virtual courses outside the state virtual school
34	34	network under Chapter 30A to eligible students.
35	35	(b) A school district or open-enrollment charter school
36	36	that operates a full-time local remote learning program must
37	37	include in the program:
38	38	(1) at least one grade level in which an assessment
39	39	instrument is required to be administered under Section 39.023(a),
40	40	including each subject for which an assessment instrument is
41	41	required; or
42	42	(2) a complete high school program, including each
43	43	course for which an end-of-course assessment instrument is required
44	44	to be administered under Section 39.023(c).
45	45	(c) A virtual course offered under a local remote learning
46	46	program:
47	47	(1) may be provided through synchronous instruction,
48	48	asynchronous instruction, or a combination of synchronous and
49	49	asynchronous instruction; and
50	50	(2) may be provided in combination with in-person
51	51	instruction as appropriate to meet the needs of individual
52	52	students.
53	53	(d) A student is eligible to enroll in a virtual course
54	54	offered under a local remote learning program if the student:
55	55	(1) is enrolled in a school district or
56	56	open-enrollment charter school;
57	57	(2) has reasonable access to in-person services for
58	58	the course at a district or school facility; and
59	59	(3) meets any additional criteria, including minimum
60	60	academic standards, established by the school district or
61	61	open-enrollment charter school in which the student is enrolled.
62	62	(e) A school district or open-enrollment charter school
63	63	that operates a local remote learning program:
64	64	(1) shall periodically assess the performance of
65	65	students enrolled in virtual courses under the program; and
66	66	(2) subject to Subsection (f), may remove a student
67	67	from virtual courses under the program and return the student to
68	68	in-person instruction if the district or school determines that the
69	69	student does not meet the criteria described by Subsection (d).
70	70	(f) A school district or open-enrollment charter school may
71	71	remove a student from virtual courses under Subsection (e)(2) only
72	72	if the district or school establishes a process to ensure that each
73	73	student and the student's parents have sufficient notice and
74	74	opportunity to provide input before the student is removed from
75	75	those courses.
76	76	(g) A school district or open-enrollment charter school may
77	77	contract with another school district or open-enrollment charter
78	78	school to allow a student enrolled in the sending district or school
79	79	to enroll in virtual courses offered under the local remote
80	80	learning program of the receiving district or school. A student
81	81	enrolled in virtual courses under an agreement described by this
82	82	subsection is considered enrolled in the sending district or school
83	83	for purposes of average daily attendance and accountability under
84	84	Chapters 39 and 39A.
85	85	(h) An assessment instrument administered under Section
86	86	39.023 or 39.025 to a student enrolled in a virtual course offered
87	87	under a local remote learning program shall be administered to the
88	88	student in the same manner in which the assessment instrument is
89	89	administered to other school district or open-enrollment charter
90	90	school students.
91	91	(i) If a school district or open-enrollment charter school
92	92	offers virtual courses under a local remote learning program for
93	93	students receiving special education services, the courses must
94	94	meet the needs of a participating student in a manner consistent
95	95	with Subchapter A of this chapter and with federal law, including
96	96	the Individuals with Disabilities Education Act (20 U.S.C. Section
97	97	1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
98	98	Section 794).
99	99	(j) A teacher may not provide instruction for a virtual
100	100	course offered under a full-time local remote learning program
101	101	unless the teacher has completed a professional development course
102	102	on virtual instruction.
103	103	(k) A school district or open-enrollment charter school may
104	104	not require a teacher to provide both virtual instruction and
105	105	in-person instruction for a course during the same class period.
106	106	(l) A student enrolled in a virtual course offered under a
107	107	local remote learning program may participate in an extracurricular
108	108	activity sponsored or sanctioned by the school district or
109	109	open-enrollment charter school in which the student is enrolled or
110	110	by the University Interscholastic League in the same manner as
111	111	other district or school students.
112	112	(m) A student enrolled in a virtual course offered under a
113	113	local remote learning program shall be counted toward the school
114	114	district's or open-enrollment charter school's average daily
115	115	attendance in the same manner as other district or school students.
116	116	The commissioner shall adopt rules providing for a method of taking
117	117	attendance, once each school day, for students enrolled in a
118	118	virtual course offered under a local remote learning program.
119	119	(n) Chapter 30A does not apply to a virtual course offered
120	120	under a local remote learning program.
121	121	(o) This section does not prohibit a student enrolled in a
122	122	school district or open-enrollment charter school that operates a
123	123	local remote learning program from enrolling in courses offered
124	124	through the state virtual school network under Chapter 30A.
125	125	(p) In evaluating under Chapter 39 the performance of a
126	126	school district or open-enrollment charter school that operates a
127	127	full-time local remote learning program, the commissioner shall
128	128	evaluate the performance of students enrolled in the program
129	129	separately from other district or school students.
130	130	(q) A school district or open-enrollment charter school
131	131	that operates a local remote learning program may not enroll in the
132	132	program a number of students that exceeds 10 percent of the total
133	133	number of students enrolled in the district or school during the
134	134	2021-2022 school year. The commissioner may waive this subsection
135	135	on application by a school district or open-enrollment charter
136	136	school.
137	137	(r) This section expires September 1, 2027.
138	138	SECTION 4. Section 39.301, Education Code, is amended by
139	139	adding Subsection (c-1) to read as follows:
140	140	(c-1) In addition to the indicators described by Subsection
141	141	(c), the indicators for reporting purposes must include, for each
142	142	school district and campus, the performance of students who spend
143	143	at least half of the students' instructional time in virtual
144	144	courses offered under a local remote learning program under Section
145	145	29.9091. This subsection expires September 1, 2027.
146	146	SECTION 5. Section 48.005, Education Code, is amended by
147	147	amending Subsection (h) and adding Subsections (m-1) and (m-2) to
148	148	read as follows:
149	149	(h) Subject to rules adopted by the commissioner under
150	150	Section 48.007(b), time that a student participates in an
151	151	off-campus instructional program approved under Section 48.007(a)
152	152	or a course or program provided under Section 48.007(c) shall be
153	153	counted as part of the minimum number of instructional hours
154	154	required for a student to be considered a full-time student in
155	155	average daily attendance for purposes of this section.
156	156	(m-1) This subsection applies only to a dropout recovery
157	157	school or program operating under Section 12.1141(c) or 39.0548
158	158	that is provided as a local remote learning program under Section
159	159	29.9091. For a dropout recovery school or program to which this
160	160	subsection applies, the commissioner shall establish an
161	161	asynchronous progression funding method for determining average
162	162	daily attendance based on full and partial semester course
163	163	completion.
164	164	(m-2) Subsection (m-1) and this subsection expire September
165	165	1, 2027.
166	166	SECTION 6. The heading to Section 48.007, Education Code,
167	167	is amended to read as follows:
168	168	Sec. 48.007. OFF-CAMPUS COURSES OR PROGRAMS COUNTED
169	169	[APPROVED] FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.
170	170	SECTION 7. Section 48.007, Education Code, is amended by
171	171	amending Subsection (b) and adding Subsections (c), (d), (e), and
172	172	(f) to read as follows:
173	173	(b) The commissioner shall adopt by rule verification and
174	174	reporting procedures to report student participation [concerning
175	175	time spent by students participating] in instructional programs
176	176	approved under Subsection (a) or courses or programs provided under
177	177	Subsection (c).
178	178	(c) A school district or open-enrollment charter school may
179	179	provide one or more off-campus electronic courses, an off-campus
180	180	electronic program, or an instructional program that combines
181	181	in-person instruction and off-campus electronic instruction to
182	182	students enrolled in the district or school who have reasonable
183	183	access to in-person services at a district or school facility.
184	184	Off-campus electronic instruction for a course or program provided
185	185	under this subsection may be provided synchronously or
186	186	asynchronously. A student enrolled in a course or program provided
187	187	under this subsection shall be counted toward the district's or
188	188	school's average daily attendance in the same manner as other
189	189	district or school students. In adopting rules under Subsection
190	190	(b), the commissioner shall provide for a method of taking
191	191	attendance, once each school day, for students enrolled in a course
192	192	or program provided under this subsection.
193	193	(d) A school district or open-enrollment charter school
194	194	that operated during the 2020-2021 school year a full-time virtual
195	195	program outside the state virtual network under Chapter 30A may:
196	196	(1) continue to operate the virtual program on a
197	197	full-time basis;
198	198	(2) apply the same enrollment and transfer criteria
199	199	used during the 2020-2021 school year; and
200	200	(3) offer the program to students in any grade level or
201	201	combination of grade levels from kindergarten through grade 12 as
202	202	long as the program includes at least one grade level for which an
203	203	assessment instrument is administered under Section 39.023.
204	204	(e) A full-time virtual program described by Subsection (d)
205	205	may not exceed the program's enrollment level for the 2020-2021
206	206	school year during any subsequent school year.
207	207	(f) Subsections (d) and (e) and this subsection expire
208	208	September 1, 2027.
209	209	SECTION 8. Section 48.053, Education Code, is amended by
210	210	adding Subsections (b-1) and (b-2) to read as follows:
211	211	(b-1) This subsection applies only to a special-purpose
212	212	district described by Subsection (a) that existed before September
213	213	1, 2019. For a district to which this subsection applies, the
214	214	commissioner shall establish an asynchronous progression funding
215	215	method that may be used to determine the amount of the district's
216	216	entitlement under Subsection (b) based on full and partial semester
217	217	course completion.
218	218	(b-2) Subsection (b-1) and this subsection expire September
219	219	1, 2027.
220	220	SECTION 9. This Act applies beginning with the 2021-2022
221	221	school year.
222	222	SECTION 10. This Act takes effect immediately if it
223	223	receives a vote of two-thirds of all the members elected to each
224	224	house, as provided by Section 39, Article III, Texas Constitution.
225	225	If this Act does not receive the vote necessary for immediate
226	226	effect, this Act takes effect September 1, 2021.