Texas 2023 - 88th Regular

Texas House Bill HB3141 Compare Versions

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1	1	88R6545 JES-D
2	2	By: King of Hemphill H.B. No. 3141
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of virtual education in public schools
8	8	and to certain waivers and modifications by the commissioner of
9	9	education to the method of calculating average daily attendance in
10	10	an emergency or crisis for purposes of preserving school district
11	11	funding entitlements under the Foundation School Program during
12	12	that emergency or crisis; authorizing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. VIRTUAL EDUCATION
15	15	SECTION 1.01. The heading to Section 26.0031, Education
16	16	Code, is amended to read as follows:
17	17	Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL COURSES
18	18	[SCHOOL NETWORK].
19	19	SECTION 1.02. Sections 26.0031(a), (b), (c), (c-1), (d),
20	20	and (e), Education Code, are amended to read as follows:
21	21	(a) At the time and in the manner that a school district or
22	22	open-enrollment charter school informs students and parents about
23	23	courses that are offered in the district's or school's traditional
24	24	classroom setting, the district or school shall notify parents and
25	25	students of the option to enroll in a virtual [an electronic] course
26	26	offered by the district or school in which the student is enrolled
27	27	or by another district or school [through the state virtual school
28	28	network] under Chapter 30B [30A].
29	29	(b) Except as provided by Subsection (c), a school district
30	30	or open-enrollment charter school in which a student is enrolled as
31	31	a full-time student may not deny the request of a parent of a
32	32	student to enroll the student in a virtual [an electronic] course
33	33	offered by the district or school in which the student is enrolled
34	34	or by another district or school [through the state virtual school
35	35	network] under Chapter 30B [30A].
36	36	(c) A school district or open-enrollment charter school may
37	37	deny a request to enroll a student in a virtual [an electronic]
38	38	course if:
39	39	(1) a student attempts to enroll in a course load
40	40	that is inconsistent with the student's high school graduation
41	41	plan or requirements for college admission or earning an industry
42	42	certification;
43	43	(2) the student requests permission to enroll in a
44	44	virtual [an electronic] course at a time that is not consistent with
45	45	the enrollment period established by the school district or
46	46	open-enrollment charter school providing the course; or
47	47	(3) the district or school determines that:
48	48	(A) the quality of the course is unacceptable;
49	49	(B) the cost of the course is too high; or
50	50	(C) the district or school currently offers the
51	51	[a substantially similar] course in person.
52	52	(c-1) A school district or open-enrollment charter school
53	53	may decline to pay the cost for a student of more than three
54	54	yearlong virtual [electronic] courses, or the equivalent, during
55	55	any school year. This subsection does not:
56	56	(1) limit the ability of the student to enroll in
57	57	additional virtual [electronic] courses at the student's cost; or
58	58	(2) apply to a student enrolled in a full-time virtual
59	59	[online] program [that was operating on January 1, 2013].
60	60	(d) Notwithstanding Subsection (c)(2), a school district or
61	61	open-enrollment charter school that provides a virtual [an
62	62	electronic] course [through the state virtual school network] under
63	63	Chapter 30B [30A] shall make all reasonable efforts to accommodate
64	64	the enrollment of a student in the course under special
65	65	circumstances.
66	66	(e) A school district or open-enrollment charter school
67	67	that denies a request to enroll a student in a virtual course under
68	68	Subsection (c) must provide a written explanation of the denial to
69	69	the student and the student's parent. The written explanation must
70	70	provide notice of the student's ability to appeal the decision and
71	71	an explanation of the appeal process, including the process of
72	72	pursuing a final appeal heard by the board of trustees of the
73	73	district or the governing board of the school. [A parent may appeal
74	74	to the commissioner a school district's or open-enrollment charter
75	75	school's decision to deny a request to enroll a student in an
76	76	electronic course offered through the state virtual school
77	77	network.] A determination made by the board of trustees of the
78	78	school district or the governing board of the open-enrollment
79	79	charter school [The commissioner's decision] under this subsection
80	80	is final and may not be appealed.
81	81	SECTION 1.03. Subtitle F, Title 2, Education Code, is
82	82	amended by adding Chapter 30B to read as follows:
83	83	CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL
84	84	CAMPUSES
85	85	SUBCHAPTER A. GENERAL PROVISIONS
86	86	Sec. 30B.001. DEFINITIONS. In this chapter:
87	87	(1) "Full-time hybrid campus" means a full-time
88	88	educational program authorized under Subchapter C in which:
89	89	(A) a student is in attendance in person for less
90	90	than 90 percent of the minutes of instruction provided; and
91	91	(B) the instruction and content may be delivered
92	92	over the Internet, in person, or through other means.
93	93	(2) "Full-time virtual campus" means a full-time
94	94	educational program authorized under Subchapter C in which:
95	95	(A) a student is in attendance in person
96	96	minimally or not at all; and
97	97	(B) the instruction and content are delivered
98	98	primarily over the Internet.
99	99	(3) "Parent" means a student's parent or a person
100	100	standing in parental relation to a student.
101	101	(4) "Virtual course" means a course in which
102	102	instruction and content are delivered primarily over the Internet.
103	103	(5) "Whole campus virtual instruction provider" means
104	104	a private or third-party service that provides oversight and
105	105	management of the virtual instruction services or otherwise
106	106	provides a preponderance of those services for a full-time virtual
107	107	or full-time hybrid campus.
108	108	Sec. 30B.002. RULES. (a) The commissioner shall adopt
109	109	rules as necessary to administer this chapter.
110	110	(b) To the extent practicable, the commissioner shall
111	111	consult school districts, open-enrollment charter schools, and
112	112	parents in adopting rules under this section.
113	113	(c) The agency may form an advisory committee similar to an
114	114	advisory committee described by Section 2110.001, Government Code,
115	115	to comply with the provisions of this section. Chapter 2110,
116	116	Government Code, does not apply to an advisory committee formed
117	117	under this section.
118	118	Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
119	119	of this chapter, the commissioner may seek and accept a grant from a
120	120	public or private person.
121	121	(b) For purposes of this chapter, the commissioner may
122	122	accept federal funds and shall use those funds in compliance with
123	123	applicable federal law, regulations, and guidelines.
124	124	Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
125	125	SERVICE. This chapter does not:
126	126	(1) require a school district, an open-enrollment
127	127	charter school, a virtual course provider, or the state to provide a
128	128	student with home computer equipment or Internet access for a
129	129	virtual course provided by a school district or open-enrollment
130	130	charter school; or
131	131	(2) prohibit a school district or open-enrollment
132	132	charter school from providing a student with home computer
133	133	equipment or Internet access for a virtual course provided by the
134	134	district or school.
135	135	SUBCHAPTER B. VIRTUAL COURSES
136	136	Sec. 30B.051. VIRTUAL COURSE INSTRUCTION PERMITTED. (a) A
137	137	school district or open-enrollment charter school may deliver
138	138	instruction through virtual courses.
139	139	(b) A school district or open-enrollment charter school
140	140	that delivers instruction through a virtual course shall develop
141	141	written information describing each virtual course available for
142	142	enrollment and complying with any other requirement of Section
143	143	26.0031.
144	144	(c) A school district or open-enrollment charter school
145	145	shall make information under this section available to students and
146	146	parents at the time students ordinarily select courses and may
147	147	provide that information to students and parents at other times as
148	148	determined by the district or school.
149	149	Sec. 30B.052. VIRTUAL COURSE QUALITY REQUIREMENTS. A
150	150	school district or open-enrollment charter school that offers a
151	151	virtual course under this chapter must certify to the commissioner
152	152	that the virtual course:
153	153	(1) includes the appropriate essential knowledge and
154	154	skills adopted under Subchapter A, Chapter 28;
155	155	(2) provides instruction at the appropriate level of
156	156	rigor for the grade level at which the course is offered and will
157	157	prepare a student enrolled in the course for the student's next
158	158	grade level or a subsequent course in a similar subject matter; and
159	159	(3) meets standards for virtual courses adopted by the
160	160	commissioner, or, if standards are not adopted by the commissioner
161	161	for virtual courses, the National Standards for Quality Online
162	162	Courses published by the Virtual Learning Leadership Alliance,
163	163	Quality Matters, and the Digital Learning Collaborative, or a
164	164	successor publication.
165	165	Sec. 30B.053. STUDENTS RIGHTS REGARDING VIRTUAL COURSES.
166	166	(a) Except as provided by Section 30B.106(b), a school district or
167	167	open-enrollment charter school may not require a student to enroll
168	168	in a virtual course.
169	169	(b) A student enrolled in a virtual course offered under
170	170	this chapter may participate in an extracurricular activity
171	171	sponsored or sanctioned by the school district or open-enrollment
172	172	charter school in which the student is enrolled or by the University
173	173	Interscholastic League in the same manner as other district or
174	174	school students.
175	175	(c) A virtual course offered under this chapter to a student
176	176	receiving special education services or other accommodations must
177	177	meet the needs of the participating student in a manner consistent
178	178	with Subchapter A, Chapter 29, and with federal law, including the
179	179	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
180	180	et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
181	181	Section 794), as applicable.
182	182	Sec. 30B.054. RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.
183	183	(a) A school district or open-enrollment charter school may not
184	184	require a classroom teacher to provide both virtual instruction and
185	185	in-person instruction for a course offered under this chapter
186	186	during the same class period. The commissioner may waive the
187	187	requirements of this subsection for courses included in the
188	188	enrichment curriculum under Section 28.002.
189	189	(b) A classroom teacher may not provide instruction for a
190	190	virtual course offered under this chapter unless:
191	191	(1) the teacher has received appropriate professional
192	192	development in virtual instruction, as determined by the school
193	193	district or open-enrollment charter school at which the teacher is
194	194	employed; or
195	195	(2) the district or school has determined that the
196	196	teacher has sufficient previous experience to not require the
197	197	professional development described by Subdivision (1).
198	198	(c) A school district or open-enrollment charter school may
199	199	not directly or indirectly coerce any classroom teacher hired to
200	200	provide in-person instruction to agree to an assignment to teach a
201	201	virtual course or a course at a full-time hybrid campus.
202	202	Sec. 30B.055. ASSESSMENTS. Except as authorized by
203	203	commissioner rule, an assessment instrument administered under
204	204	Section 39.023 or 39.025 to a student enrolled in a virtual course
205	205	offered under this chapter shall be administered to the student in
206	206	the same manner in which the assessment instrument is administered
207	207	to a student enrolled in an in-person course at the student's school
208	208	district or open-enrollment charter school.
209	209	Sec. 30B.056. TUITION AND FEES. A school district or
210	210	open-enrollment charter school may charge tuition and fees for a
211	211	virtual course provided to a student who:
212	212	(1) is not eligible to enroll in a public school in
213	213	this state; or
214	214	(2) is not enrolled in a course not offered under this
215	215	chapter at the school district or open-enrollment charter school.
216	216	Sec. 30B.057. ATTENDANCE FOR CLASS CREDIT OR GRADE. A
217	217	school district or open-enrollment charter school shall establish
218	218	the participation necessary to earn credit or a grade for a virtual
219	219	course offered by the district or school notwithstanding Section
220	220	25.092.
221	221	Sec. 30B.058. FOUNDATION SCHOOL FUNDING. A student
222	222	enrolled in a virtual course offered under this chapter by a school
223	223	district or open-enrollment charter school is counted toward the
224	224	district's or school's average daily attendance in the same manner
225	225	as district or school students not enrolled in a virtual course.
226	226	Sec. 30B.059. AGENCY PUBLICATION OF AVAILABLE COURSES. (a)
227	227	The agency shall publish a list of virtual courses offered by school
228	228	districts and open-enrollment charter schools in this state that
229	229	includes:
230	230	(1) whether the course is available to a student who is
231	231	not otherwise enrolled in the offering district or school;
232	232	(2) the cost of the course; and
233	233	(3) information regarding any third-party provider
234	234	involved in the delivery of the course.
235	235	(b) A school district or open-enrollment charter school
236	236	shall provide to the agency information required to publish the
237	237	list under Subsection (a).
238	238	SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES
239	239	Sec. 30B.101. FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS
240	240	AUTHORIZATION. (a) A school district or open-enrollment charter
241	241	school may operate a full-time virtual campus or a full-time hybrid
242	242	campus if authorized by the commissioner in accordance with this
243	243	section.
244	244	(b) The commissioner shall adopt rules establishing the
245	245	requirements for and process by which a school district or
246	246	open-enrollment charter school may apply for authorization to
247	247	operate a full-time virtual campus or a full-time hybrid campus.
248	248	The rules adopted by the commissioner may require certain written
249	249	application materials and interviews and shall require a school
250	250	district or open-enrollment charter school to:
251	251	(1) engage in a year of planning before offering a
252	252	course under this chapter to verify the course is designed in
253	253	accordance with high-quality criteria;
254	254	(2) develop an academic plan that incorporates:
255	255	(A) curriculum and instructional practices
256	256	aligned with the appropriate essential knowledge and skills
257	257	provided under Subchapter A, Chapter 28;
258	258	(B) monitoring of the progress of student
259	259	performance and interventions;
260	260	(C) a method for meeting the needs of and
261	261	complying with federal and state requirements for special
262	262	populations and at-risk students; and
263	263	(D) compliance with the requirements of this
264	264	chapter;
265	265	(3) develop an operations plan that addresses:
266	266	(A) staffing models;
267	267	(B) the designation of selected school leaders;
268	268	(C) professional development for staff;
269	269	(D) student and family engagement;
270	270	(E) school calendars and schedules;
271	271	(F) student enrollment eligibility;
272	272	(G) cybersecurity and student data privacy
273	273	measures; and
274	274	(H) any educational services to be provided by a
275	275	private or third party; and
276	276	(4) demonstrate the capacity to execute the district's
277	277	or school's plan successfully.
278	278	(c) A full-time virtual campus or full-time hybrid campus
279	279	authorized under this section must include:
280	280	(1) at least one grade level in which an assessment
281	281	instrument is required to be administered under Section 39.023(a)
282	282	or (c), including each subject or course for which an assessment
283	283	instrument is required in that grade level;
284	284	(2) sufficient grade levels, as determined by the
285	285	commissioner, to allow for the annual evaluation of the performance
286	286	of students who complete the courses offered; or
287	287	(3) for a campus that does not include grade levels
288	288	described by Subdivision (1) or (2), another performance evaluation
289	289	measure approved by the commissioner during the authorization
290	290	process.
291	291	(d) A campus approved under this subchapter may only apply
292	292	for and receive authorization to operate as a full-time virtual
293	293	campus or a full-time hybrid campus. A campus may not change its
294	294	operation designation during the authorization process or after the
295	295	campus is authorized.
296	296	(e) The commissioner may only authorize a school district or
297	297	open-enrollment charter school to operate a full-time virtual
298	298	campus or a full-time hybrid campus if the commissioner determines
299	299	that the authorization of the campus is likely to result in improved
300	300	student learning opportunities. If a district or school will use a
301	301	private or third party in operating the campus, the commissioner
302	302	shall consider the historical performance of the private or third
303	303	party, if known, in making a determination under this section.
304	304	(f) A determination made by the commissioner under this
305	305	section is final and not subject to appeal.
306	306	Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
307	307	by this section, the commissioner's authorization of a full-time
308	308	virtual campus or full-time hybrid campus under Section 30B.101
309	309	continues indefinitely.
310	310	(b) The commissioner shall revoke the authorization of a
311	311	full-time virtual campus or full-time hybrid campus if the campus
312	312	receives, for any two years during a three-year period:
313	313	(1) a campus performance rating of D or F assigned
314	314	under Section 39.054; or
315	315	(2) performance that needs improvement or is
316	316	unacceptable, as determined by the commissioner, on a performance
317	317	evaluation approved by the commissioner under Section
318	318	30B.101(c)(3).
319	319	(c) The commissioner may, based on a special investigation
320	320	conducted under Section 39.003:
321	321	(1) revoke an authorization of a full-time virtual
322	322	campus or full-time hybrid campus; or
323	323	(2) require any intervention authorized under that
324	324	section.
325	325	(d) If a private or third party is determined to be
326	326	ineligible under Section 30B.104, the commissioner shall revoke an
327	327	authorization of a full-time virtual campus or full-time hybrid
328	328	campus for which the private or third party acts as a whole campus
329	329	virtual instruction provider, unless the commissioner approves a
330	330	request by the school district or open-enrollment school that
331	331	operates the campus to use an alternative private or third party.
332	332	(e) An appeal by a school district or open-enrollment
333	333	charter school of a revocation of an authorization under this
334	334	chapter that results in the closure of a campus must be made under
335	335	Section 39A.301.
336	336	Sec. 30B.103. REVISION RELATING TO A PRIVATE OR THIRD
337	337	PARTY. A school district or open-enrollment charter school shall
338	338	provide notice to the commissioner of the use of or change in
339	339	affiliation of a private or third party acting as a whole campus
340	340	virtual instruction provider for the full-time virtual campus or
341	341	full-time hybrid campus.
342	342	Sec. 30B.104. PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)
343	343	The commissioner shall, to the extent feasible, evaluate the
344	344	performance of a private or third party acting as a whole campus
345	345	virtual instruction provider for a school district or
346	346	open-enrollment charter school.
347	347	(b) The commissioner shall establish a standard to
348	348	determine if a private or third party is ineligible to act as a
349	349	whole campus virtual education provider. A private or third party
350	350	determined to be ineligible under this section remains ineligible
351	351	until after the fifth anniversary of that determination.
352	352	Sec. 30B.105. STUDENT ELIGIBILITY. (a) A student eligible
353	353	to enroll in a public school of this state is eligible to enroll at a
354	354	full-time hybrid campus.
355	355	(b) A student is eligible to enroll in a full-time virtual
356	356	campus or a full-time hybrid campus if the student:
357	357	(1) attended a public school in this state for a
358	358	minimum of six weeks in the current school year or in the preceding
359	359	school year;
360	360	(2) is, in the school year in which the student first
361	361	seeks to enroll in the full-time virtual campus or full-time hybrid
362	362	campus, enrolled in the first grade or a lower grade level, or is
363	363	not required to attend public school in this state due to
364	364	nonresidency;
365	365	(3) is a dependent of a member of the United States
366	366	military who has been deployed; or
367	367	(4) has been placed in substitute care in this state.
368	368	Sec. 30B.106. STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL
369	369	AND FULL-TIME HYBRID CAMPUSES. (a) A student enrolled in a school
370	370	district may not be compelled to enroll in a full-time virtual or
371	371	full-time hybrid campus. A school district must offer the option
372	372	for a student's parent to select in-person instruction for the
373	373	student.
374	374	(b) Notwithstanding Subsection (a) or Section 30B.053, an
375	375	open-enrollment charter school may require a student to attend a
376	376	full-time virtual or full-time hybrid campus.
377	377	Sec. 30B.107. CAMPUS DESIGNATIONS. The commissioner shall
378	378	determine and assign a unique campus designation number to each
379	379	full-time virtual campus or full-time hybrid campus authorized
380	380	under this subchapter.
381	381	Sec. 30B.108. FUNDING. (a) For purposes of calculating the
382	382	average daily attendance of students attending a full-time virtual
383	383	campus or full-time hybrid campus, the commissioner shall use the
384	384	number of full-time equivalent students enrolled in the full-time
385	385	virtual or full-time hybrid campus multiplied by the average
386	386	attendance rate of the school district or open-enrollment charter
387	387	school that offers the full-time virtual or full-time hybrid campus
388	388	not including any student enrolled full-time in a full-time virtual
389	389	or full-time hybrid campus. In the event that a reliable attendance
390	390	rate cannot be determined under this section, the commissioner
391	391	shall use the statewide average attendance rate.
392	392	(b) The commissioner shall provide proportionate funding to
393	393	the applicable school district or open-enrollment charter school
394	394	for a student that alternates attendance between a traditional,
395	395	in-person campus setting and the full-time virtual or full-time
396	396	hybrid campus of any single district or school in the same school
397	397	year.
398	398	SUBCHAPTER D. STATE SUPPORT
399	399	Sec. 30B.151. EDUCATOR PROFESSIONAL DEVELOPMENT. From
400	400	funds appropriated or otherwise available, the agency shall develop
401	401	professional development courses and materials aligned with
402	402	research-based practices for educators in providing high-quality
403	403	virtual education.
404	404	Sec. 30B.152. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
405	405	From funds appropriated or otherwise available, the agency shall
406	406	provide grants and technical assistance to school districts and
407	407	open-enrollment charter schools to aid in the establishment of
408	408	high-quality full-time virtual or full-time hybrid campuses.
409	409	ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM
410	410	SECTION 2.01. Section 48.005, Education Code, is amended by
411	411	adding Subsection (e-1) to read as follows:
412	412	(e-1) In a school year in which the occurrence of an
413	413	emergency or crisis, as defined by commissioner rule, causes a
414	414	statewide decrease in average daily attendance of school districts
415	415	entitled to funding under this chapter or, for an emergency or
416	416	crisis occurring only within a specific region of this state,
417	417	causes a regional decrease in the average daily attendance of
418	418	school districts located in the affected region, the commissioner
419	419	shall modify or waive requirements applicable to the affected
420	420	districts under this section and adopt appropriate safeguards as
421	421	necessary to ensure the continued support and maintenance of an
422	422	efficient system of public free schools and the continued delivery
423	423	of high-quality instruction under that system.
424	424	SECTION 2.02. Sections 48.0071(c) and (d), Education Code,
425	425	are amended to read as follows:
426	426	(c) A school district or open-enrollment charter school
427	427	that operated during the 2020-2021 school year a full-time virtual
428	428	program outside the state virtual network under Chapter 30A, as it
429	429	existed during that school year, with at least 10 percent of the
430	430	enrollment for the program including students who resided outside
431	431	the geographic area served by the district or school may:
432	432	(1) continue to operate the virtual program on a
433	433	full-time basis;
434	434	(2) apply the same enrollment and transfer criteria
435	435	used during the 2020-2021 school year; and
436	436	(3) offer the program to students in any grade level or
437	437	combination of grade levels from kindergarten through grade 12 as
438	438	long as the program includes at least one grade level for which an
439	439	assessment instrument is administered under Section 39.023.
440	440	(d) This section expires September 1, 2025 [2023].
441	441	SECTION 2.03. Section 48.053(b), Education Code, is amended
442	442	to read as follows:
443	443	(b) A school district to which this section applies is
444	444	entitled to funding under this chapter as if the district were a
445	445	full-time virtual campus or full-time hybrid campus for purposes of
446	446	Section 30B.108 with [had] no tier one local share for purposes of
447	447	Section 48.256 for each student enrolled in the district:
448	448	(1) who resides in this state; or
449	449	(2) who:
450	450	(A) is a dependent of a member of the United
451	451	States military;
452	452	(B) was previously enrolled in school in this
453	453	state; and
454	454	(C) does not reside in this state due to a
455	455	military deployment or transfer.
456	456	ARTICLE 3. CONFORMING CHANGES
457	457	SECTION 3.01. Section 1.001(b), Education Code, is amended
458	458	to read as follows:
459	459	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
460	460	A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
461	461	this code does not apply to students, facilities, or programs under
462	462	the jurisdiction of the Department of Aging and Disability
463	463	Services, the Department of State Health Services, the Health and
464	464	Human Services Commission, the Texas Juvenile Justice Department,
465	465	the Texas Department of Criminal Justice, a Job Corps program
466	466	operated by or under contract with the United States Department of
467	467	Labor, or any juvenile probation agency.
468	468	SECTION 3.02. Section 7.0561(f), Education Code, is amended
469	469	to read as follows:
470	470	(f) In consultation with interested school districts,
471	471	open-enrollment charter schools, and other appropriate interested
472	472	persons, the commissioner shall adopt rules applicable to the
473	473	consortium, according to the following principles for a next
474	474	generation of higher performing public schools:
475	475	(1) engagement of students in digital learning,
476	476	including engagement through the use of electronic textbooks and
477	477	instructional materials adopted under Subchapters B and B-1,
478	478	Chapter 31, and virtual courses offered by school districts and
479	479	open-enrollment charter schools under Chapter 30B [through the
480	480	state virtual school network under Subchapter 30A];
481	481	(2) emphasis on learning standards that focus on
482	482	high-priority standards identified in coordination with districts
483	483	and charter schools participating in the consortium;
484	484	(3) use of multiple assessments of learning capable of
485	485	being used to inform students, parents, districts, and charter
486	486	schools on an ongoing basis concerning the extent to which learning
487	487	is occurring and the actions consortium participants are taking to
488	488	improve learning; and
489	489	(4) reliance on local control that enables communities
490	490	and parents to be involved in the important decisions regarding the
491	491	education of their children.
492	492	SECTION 3.03. Section 25.007(b), Education Code, is amended
493	493	to read as follows:
494	494	(b) In recognition of the challenges faced by students who
495	495	are homeless or in substitute care, the agency shall assist the
496	496	transition of students who are homeless or in substitute care from
497	497	one school to another by:
498	498	(1) ensuring that school records for a student who is
499	499	homeless or in substitute care are transferred to the student's new
500	500	school not later than the 10th working day after the date the
501	501	student begins enrollment at the school;
502	502	(2) developing systems to ease transition of a student
503	503	who is homeless or in substitute care during the first two weeks of
504	504	enrollment at a new school;
505	505	(3) developing procedures for awarding credit,
506	506	including partial credit if appropriate, for course work, including
507	507	electives, completed by a student who is homeless or in substitute
508	508	care while enrolled at another school;
509	509	(4) developing procedures to ensure that a new school
510	510	relies on decisions made by the previous school regarding placement
511	511	in courses or educational programs of a student who is homeless or
512	512	in substitute care and places the student in comparable courses or
513	513	educational programs at the new school, if those courses or
514	514	programs are available;
515	515	(5) promoting practices that facilitate access by a
516	516	student who is homeless or in substitute care to extracurricular
517	517	programs, summer programs, credit transfer services, virtual
518	518	[electronic] courses provided under Chapter 30B [30A], and
519	519	after-school tutoring programs at nominal or no cost;
520	520	(6) establishing procedures to lessen the adverse
521	521	impact of the movement of a student who is homeless or in substitute
522	522	care to a new school;
523	523	(7) entering into a memorandum of understanding with
524	524	the Department of Family and Protective Services regarding the
525	525	exchange of information as appropriate to facilitate the transition
526	526	of students in substitute care from one school to another;
527	527	(8) encouraging school districts and open-enrollment
528	528	charter schools to provide services for a student who is homeless or
529	529	in substitute care in transition when applying for admission to
530	530	postsecondary study and when seeking sources of funding for
531	531	postsecondary study;
532	532	(9) requiring school districts, campuses, and
533	533	open-enrollment charter schools to accept a referral for special
534	534	education services made for a student who is homeless or in
535	535	substitute care by a school previously attended by the student, and
536	536	to provide comparable services to the student during the referral
537	537	process or until the new school develops an individualized
538	538	education program for the student;
539	539	(10) requiring school districts, campuses, and
540	540	open-enrollment charter schools to provide notice to the child's
541	541	educational decision-maker and caseworker regarding events that
542	542	may significantly impact the education of a child, including:
543	543	(A) requests or referrals for an evaluation under
544	544	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
545	545	special education under Section 29.003;
546	546	(B) admission, review, and dismissal committee
547	547	meetings;
548	548	(C) manifestation determination reviews required
549	549	by Section 37.004(b);
550	550	(D) any disciplinary actions under Chapter 37 for
551	551	which parental notice is required;
552	552	(E) citations issued for Class C misdemeanor
553	553	offenses on school property or at school-sponsored activities;
554	554	(F) reports of restraint and seclusion required
555	555	by Section 37.0021;
556	556	(G) use of corporal punishment as provided by
557	557	Section 37.0011; and
558	558	(H) appointment of a surrogate parent for the
559	559	child under Section 29.0151;
560	560	(11) developing procedures for allowing a student who
561	561	is homeless or in substitute care who was previously enrolled in a
562	562	course required for graduation the opportunity, to the extent
563	563	practicable, to complete the course, at no cost to the student,
564	564	before the beginning of the next school year;
565	565	(12) ensuring that a student who is homeless or in
566	566	substitute care who is not likely to receive a high school diploma
567	567	before the fifth school year following the student's enrollment in
568	568	grade nine, as determined by the district, has the student's course
569	569	credit accrual and personal graduation plan reviewed;
570	570	(13) ensuring that a student in substitute care who is
571	571	in grade 11 or 12 be provided information regarding tuition and fee
572	572	exemptions under Section 54.366 for dual-credit or other courses
573	573	provided by a public institution of higher education for which a
574	574	high school student may earn joint high school and college credit;
575	575	(14) designating at least one agency employee to act
576	576	as a liaison officer regarding educational issues related to
577	577	students in the conservatorship of the Department of Family and
578	578	Protective Services; and
579	579	(15) providing other assistance as identified by the
580	580	agency.
581	581	SECTION 3.04. Section 33.009(d), Education Code, is amended
582	582	to read as follows:
583	583	(d) An academy developed under this section must provide
584	584	counselors and other postsecondary advisors with knowledge and
585	585	skills to provide counseling to students regarding postsecondary
586	586	success and productive career planning and must include information
587	587	relating to:
588	588	(1) each endorsement described by Section
589	589	28.025(c-1), including:
590	590	(A) the course requirements for each
591	591	endorsement; and
592	592	(B) the postsecondary educational and career
593	593	opportunities associated with each endorsement;
594	594	(2) available methods for a student to earn credit for
595	595	a course not offered at the school in which the student is enrolled,
596	596	including enrollment in a virtual [an electronic] course provided
597	597	[through the state virtual school network] under Chapter 30B [30A];
598	598	(3) general academic performance requirements for
599	599	admission to an institution of higher education, including the
600	600	requirements for automatic admission to a general academic teaching
601	601	institution under Section 51.803;
602	602	(4) regional workforce needs, including information
603	603	about the required education and the average wage or salary for
604	604	careers that meet those workforce needs; and
605	605	(5) effective strategies for engaging students and
606	606	parents in planning for postsecondary education and potential
607	607	careers, including participation in mentorships and business
608	608	partnerships.
609	609	ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
610	610	SECTION 4.01. The following provisions of the Education
611	611	Code are repealed:
612	612	(1) Section 21.051(g);
613	613	(2) Section 25.092(a-4);
614	614	(3) Section 26.0031(f);
615	615	(4) Section 29.9091;
616	616	(5) Chapter 30A;
617	617	(6) Section 39.0549;
618	618	(7) Sections 39.301(c-1) and (c-2);
619	619	(8) Sections 48.005(h-1), (m-1), and (m-2);
620	620	(9) Sections 48.053(b-1) and (b-2);
621	621	(10) Section 48.104(f); and
622	622	(11) Section 48.111(b).
623	623	SECTION 4.02. (a) Notwithstanding the repeal by this
624	624	article of Chapter 30A, Education Code, a school district or
625	625	open-enrollment charter school providing an electronic course
626	626	through the state virtual school network in accordance with Chapter
627	627	30A, Education Code, as that law existed immediately before the
628	628	effective date of this Act, may continue to provide that course as
629	629	if that chapter were still in effect until the end of the 2024-2025
630	630	school year.
631	631	(b) The commissioner of education shall adopt rules
632	632	providing an expedited authorization process for a school district
633	633	or open-enrollment charter school that applies to operate a
634	634	full-time virtual campus or a full-time hybrid campus under Chapter
635	635	30B, Education Code, as added by this Act, if the district or
636	636	school, as of the effective date of this Act:
637	637	(1) operates an electronic course through the state
638	638	virtual school network in accordance with Chapter 30A, Education
639	639	Code, as that law existed immediately before the effective date of
640	640	this Act;
641	641	(2) operates a local remote learning program under
642	642	Section 29.9091, Education Code, as that law existed immediately
643	643	before the effective date of this Act; or
644	644	(3) provides electronic instruction in accordance
645	645	with Section 48.0071, Education Code, as amended by this Act.
646	646	SECTION 4.03. This Act takes effect immediately if it
647	647	receives a vote of two-thirds of all the members elected to each
648	648	house, as provided by Section 39, Article III, Texas Constitution.
649	649	If this Act does not receive the vote necessary for immediate
650	650	effect, this Act takes effect September 1, 2023.