Texas 2021 - 87th 2nd C.S.

Texas House Bill HB30 Compare Versions

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

Old	New	Differences
1	1	87S20135 MLH-D
2	2	By: Bell of Kaufman H.B. No. 30
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to virtual instruction and off-campus electronic
8	8	instruction at a public school, certain requirements for
9	9	certification as a teacher for virtual instruction only, and the
10	10	allotment for special-purpose school districts under the
11	11	Foundation School Program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 21.051, Education Code, is amended by
14	14	adding Subsection (g) to read as follows:
15	15	(g) Rules proposed by the board under Section 21.044(a) or
16	16	this section may allow a candidate to satisfy certification
17	17	requirements for virtual instruction only through an internship
18	18	that provides the candidate employment as a teacher for courses
19	19	offered through a local remote learning program under Section
20	20	29.9091 or the state virtual school network under Chapter 30A. This
21	21	subsection expires September 1, 2027.
22	22	SECTION 2. Section 25.092, Education Code, is amended by
23	23	adding Subsection (a-4) to read as follows:
24	24	(a-4) A school district or open-enrollment charter school
25	25	may adopt a policy to exempt students from the requirements of this
26	26	section for one or more courses identified in the policy that are
27	27	offered under a local remote learning program under Section
28	28	29.9091. This subsection expires September 1, 2027.
29	29	SECTION 3. Subchapter Z, Chapter 29, Education Code, is
30	30	amended by adding Section 29.9091 to read as follows:
31	31	Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) A school
32	32	district or open-enrollment charter school assigned an overall
33	33	performance rating of C or higher under Section 39.054 for the
34	34	preceding school year or the most recent school year in which a
35	35	performance rating was assigned may operate a local remote learning
36	36	program to offer virtual courses outside the state virtual school
37	37	network under Chapter 30A to eligible students.
38	38	(b) A school district or open-enrollment charter school
39	39	that operates a full-time local remote learning program must
40	40	include in the program:
41	41	(1) at least one grade level in which an assessment
42	42	instrument is required to be administered under Section 39.023(a),
43	43	including each subject for which an assessment instrument is
44	44	required; or
45	45	(2) a complete high school program, including each
46	46	course for which an end-of-course assessment instrument is required
47	47	to be administered under Section 39.023(c).
48	48	(c) A virtual course offered under a local remote learning
49	49	program:
50	50	(1) may be provided through synchronous instruction,
51	51	asynchronous instruction, or a combination of synchronous and
52	52	asynchronous instruction; and
53	53	(2) may be provided in combination with in-person
54	54	instruction as appropriate to meet the needs of individual
55	55	students.
56	56	(d) A student is eligible to enroll in a virtual course
57	57	offered under a local remote learning program if the student:
58	58	(1) is enrolled in a school district or
59	59	open-enrollment charter school;
60	60	(2) has reasonable access to in-person services for
61	61	the course at a district or school facility; and
62	62	(3) meets any additional criteria, including minimum
63	63	academic standards, established by the school district or
64	64	open-enrollment charter school in which the student is enrolled.
65	65	(e) A school district or open-enrollment charter school
66	66	that operates a local remote learning program:
67	67	(1) shall periodically assess the performance of
68	68	students enrolled in virtual courses under the program; and
69	69	(2) subject to Subsection (f), may remove a student
70	70	from virtual courses under the program and return the student to
71	71	in-person instruction if the district or school determines that the
72	72	student does not meet the criteria described by Subsection (d).
73	73	(f) A school district or open-enrollment charter school may
74	74	remove a student from virtual courses under Subsection (e)(2) only
75	75	if the district or school establishes a process to ensure that each
76	76	student and the student's parents have sufficient notice and
77	77	opportunity to provide input before the student is removed from
78	78	those courses.
79	79	(g) A school district or open-enrollment charter school may
80	80	contract with another school district or open-enrollment charter
81	81	school to allow a student enrolled in the sending district or school
82	82	to enroll in virtual courses offered under the local remote
83	83	learning program of the receiving district or school. A student
84	84	enrolled in virtual courses under an agreement described by this
85	85	subsection is considered enrolled in the sending district or school
86	86	for purposes of average daily attendance and accountability under
87	87	Chapters 39 and 39A.
88	88	(h) An assessment instrument administered under Section
89	89	39.023 or 39.025 to a student enrolled in a virtual course offered
90	90	under a local remote learning program shall be administered to the
91	91	student in the same manner in which the assessment instrument is
92	92	administered to other school district or open-enrollment charter
93	93	school students.
94	94	(i) If a school district or open-enrollment charter school
95	95	offers virtual courses under a local remote learning program for
96	96	students receiving special education services, the courses must
97	97	meet the needs of a participating student in a manner consistent
98	98	with Subchapter A of this chapter and with federal law, including
99	99	the Individuals with Disabilities Education Act (20 U.S.C. Section
100	100	1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
101	101	Section 794).
102	102	(j) A teacher may not provide instruction for a virtual
103	103	course offered under a full-time local remote learning program
104	104	unless the teacher has completed a professional development course
105	105	on virtual instruction.
106	106	(k) A school district or open-enrollment charter school may
107	107	not require a teacher to provide both virtual instruction and
108	108	in-person instruction for a course during the same class period.
109	109	(l) A student enrolled in a virtual course offered under a
110	110	local remote learning program may participate in an extracurricular
111	111	activity sponsored or sanctioned by the school district or
112	112	open-enrollment charter school in which the student is enrolled or
113	113	by the University Interscholastic League in the same manner as
114	114	other district or school students.
115	115	(m) A student enrolled in a virtual course offered under a
116	116	local remote learning program shall be counted toward the school
117	117	district's or open-enrollment charter school's average daily
118	118	attendance in the same manner as other district or school students.
119	119	The commissioner shall adopt rules providing for a method of taking
120	120	attendance, once each school day, for students enrolled in a
121	121	virtual course offered under a local remote learning program.
122	122	(n) Chapter 30A does not apply to a virtual course offered
123	123	under a local remote learning program.
124	124	(o) This section does not prohibit a student enrolled in a
125	125	school district or open-enrollment charter school that operates a
126	126	local remote learning program from enrolling in courses offered
127	127	through the state virtual school network under Chapter 30A.
128	128	(p) In evaluating under Chapter 39 the performance of a
129	129	school district or open-enrollment charter school that operates a
130	130	full-time local remote learning program, the commissioner shall
131	131	evaluate the performance of students enrolled in the program
132	132	separately from other district or school students.
133	133	(q) A school district or open-enrollment charter school
134	134	that operates a local remote learning program may not enroll in the
135	135	program a number of students that exceeds 10 percent of the total
136	136	number of students enrolled in the district or school during the
137	137	2021-2022 school year. The commissioner may waive this subsection
138	138	on application by a school district or open-enrollment charter
139	139	school.
140	140	(r) This section expires September 1, 2027.
141	141	SECTION 4. Section 39.301, Education Code, is amended by
142	142	adding Subsection (c-1) to read as follows:
143	143	(c-1) In addition to the indicators described by Subsection
144	144	(c), the indicators for reporting purposes must include, for each
145	145	school district and campus, the performance of students who spend
146	146	at least half of the students' instructional time in virtual
147	147	courses offered under a local remote learning program under Section
148	148	29.9091. This subsection expires September 1, 2027.
149	149	SECTION 5. Section 48.005, Education Code, is amended by
150	150	amending Subsection (h) and adding Subsections (m-1) and (m-2) to
151	151	read as follows:
152	152	(h) Subject to rules adopted by the commissioner under
153	153	Section 48.007(b), time that a student participates in an
154	154	off-campus instructional program approved under Section 48.007(a)
155	155	or a course or program provided under Section 48.007(c) shall be
156	156	counted as part of the minimum number of instructional hours
157	157	required for a student to be considered a full-time student in
158	158	average daily attendance for purposes of this section.
159	159	(m-1) This subsection applies only to a dropout recovery
160	160	school or program operating under Section 12.1141(c) or 39.0548
161	161	that is provided as a local remote learning program under Section
162	162	29.9091. For a dropout recovery school or program to which this
163	163	subsection applies, the commissioner shall establish an
164	164	asynchronous progression funding method for determining average
165	165	daily attendance based on full and partial semester course
166	166	completion.
167	167	(m-2) Subsection (m-1) and this subsection expire September
168	168	1, 2027.
169	169	SECTION 6. The heading to Section 48.007, Education Code,
170	170	is amended to read as follows:
171	171	Sec. 48.007. OFF-CAMPUS COURSES OR PROGRAMS COUNTED
172	172	[APPROVED] FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.
173	173	SECTION 7. Section 48.007, Education Code, is amended by
174	174	amending Subsection (b) and adding Subsections (c), (d), (e), and
175	175	(f) to read as follows:
176	176	(b) The commissioner shall adopt by rule verification and
177	177	reporting procedures to report student participation [concerning
178	178	time spent by students participating] in instructional programs
179	179	approved under Subsection (a) or courses or programs provided under
180	180	Subsection (c).
181	181	(c) A school district or open-enrollment charter school may
182	182	provide one or more off-campus electronic courses, an off-campus
183	183	electronic program, or an instructional program that combines
184	184	in-person instruction and off-campus electronic instruction to
185	185	students enrolled in the district or school who have reasonable
186	186	access to in-person services at a district or school facility.
187	187	Off-campus electronic instruction for a course or program provided
188	188	under this subsection may be provided synchronously or
189	189	asynchronously. A student enrolled in a course or program provided
190	190	under this subsection shall be counted toward the district's or
191	191	school's average daily attendance in the same manner as other
192	192	district or school students. In adopting rules under Subsection
193	193	(b), the commissioner shall provide for a method of taking
194	194	attendance, once each school day, for students enrolled in a course
195	195	or program provided under this subsection.
196	196	(d) A school district or open-enrollment charter school
197	197	that operated during the 2020-2021 school year a full-time virtual
198	198	program outside the state virtual network under Chapter 30A may:
199	199	(1) continue to operate the virtual program on a
200	200	full-time basis;
201	201	(2) apply the same enrollment and transfer criteria
202	202	used during the 2020-2021 school year; and
203	203	(3) offer the program to students in any grade level or
204	204	combination of grade levels from kindergarten through grade 12 as
205	205	long as the program includes at least one grade level for which an
206	206	assessment instrument is administered under Section 39.023.
207	207	(e) A full-time virtual program described by Subsection (d)
208	208	may not exceed the program's enrollment level for the 2020-2021
209	209	school year during any subsequent school year.
210	210	(f) Subsections (d) and (e) and this subsection expire
211	211	September 1, 2027.
212	212	SECTION 8. Section 48.053, Education Code, is amended by
213	213	adding Subsections (b-1) and (b-2) to read as follows:
214	214	(b-1) This subsection applies only to a special-purpose
215	215	district described by Subsection (a) that existed before September
216	216	1, 2019. For a district to which this subsection applies, the
217	217	commissioner shall establish an asynchronous progression funding
218	218	method that may be used to determine the amount of the district's
219	219	entitlement under Subsection (b) based on full and partial semester
220	220	course completion.
221	221	(b-2) Subsection (b-1) and this subsection expire September
222	222	1, 2027.
223	223	SECTION 9. This Act applies beginning with the 2021-2022
224	224	school year.
225	225	SECTION 10. This Act takes effect immediately if it
226	226	receives a vote of two-thirds of all the members elected to each
227	227	house, as provided by Section 39, Article III, Texas Constitution.
228	228	If this Act does not receive the vote necessary for immediate
229	229	effect, this Act takes effect on the 91st day after the last day of
230	230	the legislative session.