Texas 2023 - 88th Regular

Texas House Bill HB681 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bell of Kaufman, et al. H.B. No. 681
2	2	(Senate Sponsor - Bettencourt)
3	3	(In the Senate - Received from the House April 20, 2023;
4	4	May 2, 2023, read first time and referred to Committee on
5	5	Education; May 21, 2023, reported adversely, with favorable
6	6	Committee Substitute by the following vote: Yeas 11, Nays 0;
7	7	May 21, 2023, sent to printer.)
8	8	Click here to see the committee vote
9	9	COMMITTEE SUBSTITUTE FOR H.B. No. 681 By: Paxton
10	10
11	11
12	12	A BILL TO BE ENTITLED
13	13	AN ACT
14	14	relating to the provision of virtual education in public schools
15	15	and to certain waivers and modifications by the commissioner of
16	16	education to the method of calculating average daily attendance in
17	17	an emergency or crisis for purposes of preserving school district
18	18	funding entitlements under the Foundation School Program during
19	19	that emergency or crisis; authorizing a fee.
20	20	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
21	21	ARTICLE 1. VIRTUAL EDUCATION
22	22	SECTION 1.01. The heading to Section 26.0031, Education
23	23	Code, is amended to read as follows:
24	24	Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL COURSES
25	25	[SCHOOL NETWORK].
26	26	SECTION 1.02. Section 26.0031, Education Code, is amended
27	27	by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
28	28	adding Subsection (b-1) to read as follows:
29	29	(a) At the time and in the manner that a school district or
30	30	open-enrollment charter school informs students and parents about
31	31	courses that are offered in the district's or school's traditional
32	32	classroom setting, the district or school shall notify parents and
33	33	students of the option to enroll in a virtual [an electronic] course
34	34	offered by the district or school in which the student is enrolled
35	35	or by another district or school [through the state virtual school
36	36	network] under Chapter 30B [30A].
37	37	(b) Except as provided by Subsection (c), a school district
38	38	or open-enrollment charter school in which a student is enrolled as
39	39	a full-time student may not deny the request of a parent of a
40	40	student to enroll the student in a virtual [an electronic] course
41	41	offered by the district or school in which the student is enrolled
42	42	or by another district or school [through the state virtual school
43	43	network] under Chapter 30B [30A].
44	44	(b-1) A school district or open-enrollment charter school
45	45	may not actively discourage a student, including by threat or
46	46	intimidation, from enrolling in a virtual course.
47	47	(c) A school district or open-enrollment charter school may
48	48	deny a request to enroll a student in a virtual [an electronic]
49	49	course if:
50	50	(1) a student attempts to enroll in a course load that
51	51	is inconsistent with the student's high school graduation plan or
52	52	requirements for college admission or earning an industry
53	53	certification;
54	54	(2) the student requests permission to enroll in a
55	55	virtual [an electronic] course at a time that is not consistent with
56	56	the enrollment period established by the school district or
57	57	open-enrollment charter school providing the course; or
58	58	(3) the district or school determines that the cost of
59	59	the course is too high [offers a substantially similar course].
60	60	(c-1) A school district or open-enrollment charter school
61	61	may decline to pay the cost for a student of more than three
62	62	yearlong virtual [electronic] courses, or the equivalent, during
63	63	any school year. This subsection does not:
64	64	(1) limit the ability of the student to enroll in
65	65	additional virtual [electronic] courses at the student's cost; or
66	66	(2) apply to a student enrolled in a full-time virtual
67	67	[online] program [that was operating on January 1, 2013].
68	68	(d) Notwithstanding Subsection (c)(2), a school district or
69	69	open-enrollment charter school that provides a virtual [an
70	70	electronic] course [through the state virtual school network] under
71	71	Chapter 30B [30A] shall make all reasonable efforts to accommodate
72	72	the enrollment of a student in the course under special
73	73	circumstances.
74	74	(e) A school district or open-enrollment charter school
75	75	that denies a request to enroll a student in a virtual course under
76	76	Subsection (c) must provide a written explanation of the denial to
77	77	the student and the student's parent. The written explanation must
78	78	provide notice of the student's ability to appeal the decision and
79	79	an explanation of the appeal process, including the process of
80	80	pursuing a final appeal heard by the board of trustees of the
81	81	district or the governing board of the school. A determination made
82	82	by the board of trustees of the school district or the governing
83	83	board of the open-enrollment charter school [A parent may appeal to
84	84	the commissioner a school district's or open-enrollment charter
85	85	school's decision to deny a request to enroll a student in an
86	86	electronic course offered through the state virtual school network.
87	87	The commissioner's decision] under this subsection is final and may
88	88	not be appealed.
89	89	SECTION 1.03. Subtitle F, Title 2, Education Code, is
90	90	amended by adding Chapter 30B to read as follows:
91	91	CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL
92	92	CAMPUSES
93	93	SUBCHAPTER A. GENERAL PROVISIONS
94	94	Sec. 30B.001. DEFINITIONS. In this chapter:
95	95	(1) "Full-time hybrid campus" means a full-time
96	96	educational program authorized under Subchapter C in which:
97	97	(A) a student is in attendance in person for less
98	98	than 90 percent of the minutes of instruction provided; and
99	99	(B) the instruction and content may be delivered
100	100	over the Internet, in person, or through other means.
101	101	(2) "Full-time virtual campus" means a full-time
102	102	educational program authorized under Subchapter C in which:
103	103	(A) a student is in attendance in person
104	104	minimally or not at all; and
105	105	(B) the instruction and content are delivered
106	106	primarily over the Internet.
107	107	(3) "Parent" means a student's parent or a person
108	108	standing in parental relation to a student.
109	109	(4) "Virtual course" means a course in which
110	110	instruction and content are delivered primarily over the Internet.
111	111	(5) "Whole campus virtual instruction provider" means
112	112	a private or third-party service that provides oversight and
113	113	management of the virtual instruction services or otherwise
114	114	provides a preponderance of those services for a full-time virtual
115	115	or full-time hybrid campus.
116	116	Sec. 30B.002. RULES. (a) The commissioner shall adopt
117	117	rules as necessary to administer this chapter.
118	118	(b) To the extent practicable, the commissioner shall
119	119	consult school districts, open-enrollment charter schools, and
120	120	parents in adopting rules under this section.
121	121	(c) The agency may form an advisory committee similar to an
122	122	advisory committee described by Section 2110.001, Government Code,
123	123	to comply with the provisions of this section. Chapter 2110,
124	124	Government Code, does not apply to an advisory committee formed
125	125	under this section.
126	126	Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
127	127	of this chapter, the commissioner may seek and accept a grant from a
128	128	public or private person.
129	129	(b) For purposes of this chapter, the commissioner may
130	130	accept federal funds and shall use those funds in compliance with
131	131	applicable federal law, regulations, and guidelines.
132	132	Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
133	133	SERVICE. This chapter does not:
134	134	(1) require a school district, an open-enrollment
135	135	charter school, a virtual course provider, or the state to provide a
136	136	student with home computer equipment or Internet access for a
137	137	virtual course provided by a school district or open-enrollment
138	138	charter school; or
139	139	(2) prohibit a school district or open-enrollment
140	140	charter school from providing a student with home computer
141	141	equipment or Internet access for a virtual course provided by the
142	142	district or school.
143	143	SUBCHAPTER B. VIRTUAL COURSES
144	144	Sec. 30B.051. VIRTUAL COURSE INSTRUCTION PERMITTED. (a) A
145	145	school district or open-enrollment charter school may deliver
146	146	instruction through virtual courses in the manner provided by this
147	147	chapter.
148	148	(a-1) The following entities may deliver instruction
149	149	through virtual courses under this chapter in the same manner
150	150	provided for a school district or open-enrollment charter school:
151	151	(1) a consortium of school districts or
152	152	open-enrollment charter schools;
153	153	(2) an institution of higher education, as that term
154	154	is defined by Section 61.003; or
155	155	(3) a regional education service center.
156	156	(b) A school district or open-enrollment charter school
157	157	that delivers instruction through a virtual course shall develop
158	158	written information describing each virtual course available for
159	159	enrollment and complying with any other requirement of Section
160	160	26.0031.
161	161	(c) A school district or open-enrollment charter school
162	162	shall make information under this section available to students and
163	163	parents at the time students ordinarily select courses and may
164	164	provide that information to students and parents at other times as
165	165	determined by the district or school.
166	166	Sec. 30B.052. VIRTUAL COURSE QUALITY REQUIREMENTS. A
167	167	school district or open-enrollment charter school that offers a
168	168	virtual course under this chapter must certify to the commissioner
169	169	that the virtual course:
170	170	(1) includes the appropriate essential knowledge and
171	171	skills adopted under Subchapter A, Chapter 28;
172	172	(2) provides instruction at the appropriate level of
173	173	rigor for the grade level at which the course is offered and will
174	174	prepare a student enrolled in the course for the student's next
175	175	grade level or a subsequent course in a similar subject matter; and
176	176	(3) meets standards for virtual courses adopted by the
177	177	commissioner, or, if standards are not adopted by the commissioner
178	178	for virtual courses, the National Standards for Quality Online
179	179	Courses published by the Virtual Learning Leadership Alliance,
180	180	Quality Matters, and the Digital Learning Collaborative, or a
181	181	successor publication.
182	182	Sec. 30B.053. RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES.
183	183	(a) Except as provided by Section 30B.106(b), a school district or
184	184	open-enrollment charter school may not require a student to enroll
185	185	in a virtual course.
186	186	(b) A student enrolled in a virtual course offered under
187	187	this chapter may participate in an extracurricular activity
188	188	sponsored or sanctioned by the school district or open-enrollment
189	189	charter school in which the student is enrolled or by the University
190	190	Interscholastic League in the same manner as other district or
191	191	school students.
192	192	(c) A virtual course offered under this chapter to a student
193	193	receiving special education services or other accommodations must
194	194	meet the needs of the participating student in a manner consistent
195	195	with Subchapter A, Chapter 29, and with federal law, including the
196	196	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
197	197	et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
198	198	Section 794), as applicable.
199	199	Sec. 30B.054. RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.
200	200	(a) A school district or open-enrollment charter school may not
201	201	require a classroom teacher to provide both virtual instruction and
202	202	in-person instruction for a course offered under this chapter
203	203	during the same class period. The commissioner may waive the
204	204	requirements of this subsection for courses included in the
205	205	enrichment curriculum under Section 28.002.
206	206	(b) A classroom teacher may not provide instruction for a
207	207	virtual course offered under this chapter unless:
208	208	(1) the teacher has received appropriate professional
209	209	development in virtual instruction, as determined by the school
210	210	district or open-enrollment charter school at which the teacher is
211	211	employed; or
212	212	(2) the district or school has determined that the
213	213	teacher has sufficient previous experience to not require the
214	214	professional development described by Subdivision (1).
215	215	(c) A school district or open-enrollment charter school may
216	216	not directly or indirectly coerce any classroom teacher hired to
217	217	provide in-person instruction to agree to an assignment to teach a
218	218	virtual course or a course at a full-time hybrid campus.
219	219	Sec. 30B.055. ASSESSMENTS. Except as authorized by
220	220	commissioner rule, an assessment instrument administered under
221	221	Section 39.023 or 39.025 to a student enrolled in a virtual course
222	222	offered under this chapter shall be administered to the student in
223	223	the same manner in which the assessment instrument is administered
224	224	to a student enrolled in an in-person course at the student's school
225	225	district or open-enrollment charter school.
226	226	Sec. 30B.056. TUITION AND FEES. A school district or
227	227	open-enrollment charter school may charge tuition and fees for a
228	228	virtual course provided to a student who:
229	229	(1) is not eligible to enroll in a public school in
230	230	this state; or
231	231	(2) is not enrolled in the school district or
232	232	open-enrollment charter school.
233	233	Sec. 30B.057. ATTENDANCE FOR CLASS CREDIT OR GRADE. A
234	234	school district or open-enrollment charter school shall establish
235	235	the participation necessary to earn credit or a grade for a virtual
236	236	course offered by the district or school notwithstanding Section
237	237	25.092.
238	238	Sec. 30B.058. FOUNDATION SCHOOL FUNDING. A student
239	239	enrolled in a virtual course offered under this chapter by a school
240	240	district or open-enrollment charter school is counted toward the
241	241	district's or school's average daily attendance in the same manner
242	242	as district or school students not enrolled in a virtual course.
243	243	Sec. 30B.059. AGENCY PUBLICATION OF AVAILABLE COURSES. (a)
244	244	The agency shall publish a list of virtual courses offered by school
245	245	districts and open-enrollment charter schools in this state that
246	246	includes:
247	247	(1) whether the course is available to a student who is
248	248	not otherwise enrolled in the offering district or school;
249	249	(2) the cost of the course; and
250	250	(3) information regarding any third-party provider
251	251	involved in the delivery of the course.
252	252	(b) A school district or open-enrollment charter school
253	253	shall provide to the agency information required to publish the
254	254	list under Subsection (a).
255	255	SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES
256	256	Sec. 30B.101. FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS
257	257	AUTHORIZATION. (a) A school district or open-enrollment charter
258	258	school may operate a full-time virtual campus or a full-time hybrid
259	259	campus if authorized by the commissioner in accordance with this
260	260	section.
261	261	(b) The commissioner shall adopt rules establishing the
262	262	requirements for and process by which a school district or
263	263	open-enrollment charter school may apply for authorization to
264	264	operate a full-time virtual campus or a full-time hybrid campus.
265	265	The rules adopted by the commissioner may require certain written
266	266	application materials and interviews and shall require a school
267	267	district or open-enrollment charter school to:
268	268	(1) engage in a year of planning before offering a
269	269	course under this chapter to verify the course is designed in
270	270	accordance with high-quality criteria;
271	271	(2) develop an academic plan that incorporates:
272	272	(A) curriculum and instructional practices
273	273	aligned with the appropriate essential knowledge and skills
274	274	provided under Subchapter A, Chapter 28;
275	275	(B) monitoring of the progress of student
276	276	performance and interventions;
277	277	(C) a method for meeting the needs of and
278	278	complying with federal and state requirements for special
279	279	populations and at-risk students; and
280	280	(D) compliance with the requirements of this
281	281	chapter;
282	282	(3) develop an operations plan that addresses:
283	283	(A) staffing models;
284	284	(B) the designation of selected school leaders;
285	285	(C) professional development for staff;
286	286	(D) student and family engagement;
287	287	(E) school calendars and schedules;
288	288	(F) student enrollment eligibility;
289	289	(G) cybersecurity and student data privacy
290	290	measures; and
291	291	(H) any educational services to be provided by a
292	292	private or third party; and
293	293	(4) demonstrate the capacity to execute the district's
294	294	or school's plan successfully.
295	295	(c) A full-time virtual campus or full-time hybrid campus
296	296	authorized under this section must include:
297	297	(1) at least one grade level in which an assessment
298	298	instrument is required to be administered under Section 39.023(a)
299	299	or (c), including each subject or course for which an assessment
300	300	instrument is required in that grade level;
301	301	(2) sufficient grade levels, as determined by the
302	302	commissioner, to allow for the annual evaluation of the performance
303	303	of students who complete the courses offered; or
304	304	(3) for a campus that does not include grade levels
305	305	described by Subdivision (1) or (2), another performance evaluation
306	306	measure approved by the commissioner during the authorization
307	307	process.
308	308	(d) A campus approved under this subchapter may only apply
309	309	for and receive authorization to operate as a full-time virtual
310	310	campus or a full-time hybrid campus. A campus may not change its
311	311	operation designation during the authorization process or after the
312	312	campus is authorized.
313	313	(e) The commissioner may only authorize a school district or
314	314	open-enrollment charter school to operate a full-time virtual
315	315	campus or a full-time hybrid campus if the commissioner determines
316	316	that the authorization of the campus is likely to result in improved
317	317	student learning opportunities. If a district or school will use a
318	318	private or third party in operating the campus, the commissioner
319	319	shall consider the historical performance of the private or third
320	320	party, if known, in making a determination under this section.
321	321	(f) A determination made by the commissioner under this
322	322	section is final and not subject to appeal.
323	323	Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
324	324	by this section, the commissioner's authorization of a full-time
325	325	virtual campus or full-time hybrid campus under Section 30B.101
326	326	continues indefinitely.
327	327	(b) The commissioner shall revoke the authorization of a
328	328	full-time virtual campus or full-time hybrid campus if the campus
329	329	has been assigned, for the three preceding school years:
330	330	(1) an unacceptable performance rating under
331	331	Subchapter C, Chapter 39;
332	332	(2) a financial accountability performance rating
333	333	under Subchapter D, Chapter 39, indicating financial performance
334	334	lower than satisfactory;
335	335	(3) any combination of the ratings described by
336	336	Subdivision (1) or (2); or
337	337	(4) a rating of performance that needs improvement or
338	338	unacceptable, as determined by the commissioner, on a performance
339	339	evaluation approved by the commissioner under Section
340	340	30B.101(c)(3).
341	341	(c) The commissioner may, based on a special investigation
342	342	conducted under Section 39.003:
343	343	(1) revoke an authorization of a full-time virtual
344	344	campus or full-time hybrid campus; or
345	345	(2) require any intervention authorized under that
346	346	section.
347	347	(d) If a private or third party is determined to be
348	348	ineligible under Section 30B.104, the commissioner shall revoke an
349	349	authorization of a full-time virtual campus or full-time hybrid
350	350	campus for which the private or third party acts as a whole campus
351	351	virtual instruction provider, unless the commissioner approves a
352	352	request by the school district or open-enrollment charter school
353	353	that operates the campus to use an alternative private or third
354	354	party.
355	355	(e) An appeal by a school district or open-enrollment
356	356	charter school of a revocation of an authorization under this
357	357	chapter that results in the closure of a campus must be made under
358	358	Section 39A.301.
359	359	Sec. 30B.103. REVISION RELATING TO A PRIVATE OR THIRD
360	360	PARTY. A school district or open-enrollment charter school shall
361	361	provide notice to the commissioner of the use of or change in
362	362	affiliation of a private or third party acting as a whole campus
363	363	virtual instruction provider for the full-time virtual campus or
364	364	full-time hybrid campus.
365	365	Sec. 30B.104. PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)
366	366	The commissioner shall, to the extent feasible, evaluate the
367	367	performance of a private or third party acting as a whole campus
368	368	virtual instruction provider for a school district or
369	369	open-enrollment charter school.
370	370	(b) The commissioner shall establish a standard to
371	371	determine if a private or third party is ineligible to act as a
372	372	whole campus virtual education provider. A private or third party
373	373	determined to be ineligible under this section remains ineligible
374	374	until after the fifth anniversary of that determination.
375	375	Sec. 30B.105. STUDENT ELIGIBILITY. (a) A student eligible
376	376	to enroll in a public school of this state is eligible to enroll at a
377	377	full-time hybrid campus.
378	378	(b) A student is eligible to enroll in a full-time virtual
379	379	campus if the student:
380	380	(1) attended a public school in this state for a
381	381	minimum of six weeks in the current school year or in the preceding
382	382	school year;
383	383	(2) is, in the school year in which the student first
384	384	seeks to enroll in the full-time virtual campus, enrolled in the
385	385	first grade or a lower grade level;
386	386	(3) was not required to attend public school in this
387	387	state due to nonresidency during the preceding school year;
388	388	(4) is a dependent of a member of the United States
389	389	military who has been deployed; or
390	390	(5) has been placed in substitute care in this state.
391	391	Sec. 30B.106. STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL
392	392	AND FULL-TIME HYBRID CAMPUSES. (a) A student enrolled in a school
393	393	district may not be compelled to enroll in a full-time virtual or
394	394	full-time hybrid campus. A school district must offer the option
395	395	for a student's parent to select in-person instruction for the
396	396	student.
397	397	(b) Notwithstanding Subsection (a) or Section 30B.053, an
398	398	open-enrollment charter school may require a student to attend a
399	399	full-time virtual or full-time hybrid campus.
400	400	Sec. 30B.107. CAMPUS DESIGNATIONS. The commissioner shall
401	401	determine and assign a unique campus designation number to each
402	402	full-time virtual campus or full-time hybrid campus authorized
403	403	under this subchapter.
404	404	Sec. 30B.108. FUNDING. (a) For purposes of calculating the
405	405	average daily attendance of students attending a full-time virtual
406	406	campus or full-time hybrid campus, the commissioner shall use the
407	407	number of full-time equivalent students enrolled in the full-time
408	408	virtual or full-time hybrid campus multiplied by the average
409	409	attendance rate of the school district or open-enrollment charter
410	410	school that offers the full-time virtual or full-time hybrid campus
411	411	not including any student enrolled full-time in a full-time virtual
412	412	or full-time hybrid campus. In the event that a reliable attendance
413	413	rate cannot be determined under this section, the commissioner
414	414	shall use the statewide average attendance rate.
415	415	(b) The commissioner shall provide proportionate funding to
416	416	the applicable school district or open-enrollment charter school
417	417	for a student that alternates attendance between a traditional,
418	418	in-person campus setting and the full-time virtual or full-time
419	419	hybrid campus of any single district or school in the same school
420	420	year.
421	421	SUBCHAPTER D. STATE SUPPORT
422	422	Sec. 30B.151. EDUCATOR PROFESSIONAL DEVELOPMENT. From
423	423	funds appropriated or otherwise available, the agency shall develop
424	424	professional development courses and materials aligned with
425	425	research-based practices for educators in providing high-quality
426	426	virtual education.
427	427	Sec. 30B.152. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
428	428	From funds appropriated or otherwise available, the agency shall
429	429	provide grants and technical assistance to school districts and
430	430	open-enrollment charter schools to aid in the establishment of
431	431	high-quality full-time virtual or full-time hybrid campuses.
432	432	SECTION 1.04. Subchapter A, Chapter 37, Education Code, is
433	433	amended by adding Section 37.0071 to read as follows:
434	434	Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
435	435	EXPULSION. (a) Except as provided by Subsection (b), before a
436	436	school district or open-enrollment charter school may expel a
437	437	student, the district or school shall consider the appropriateness
438	438	and feasibility of enrolling the student in a full-time virtual
439	439	education program as an alternative to expulsion.
440	440	(b) Subsection (a) does not apply to a student expelled
441	441	under Section 37.0081 or 37.007(a), (d), or (e).
442	442	ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM
443	443	SECTION 2.01. Section 48.005, Education Code, is amended by
444	444	adding Subsection (e-1) to read as follows:
445	445	(e-1) In a school year in which the occurrence of an
446	446	emergency or crisis, as defined by commissioner rule, causes a
447	447	statewide decrease in average daily attendance of school districts
448	448	entitled to funding under this chapter or, for an emergency or
449	449	crisis occurring only within a specific region of this state,
450	450	causes a regional decrease in the average daily attendance of
451	451	school districts located in the affected region, the commissioner
452	452	shall modify or waive requirements applicable to the affected
453	453	districts under this section and adopt appropriate safeguards as
454	454	necessary to ensure the continued support and maintenance of an
455	455	efficient system of public free schools and the continued delivery
456	456	of high-quality instruction under that system.
457	457	SECTION 2.02. Section 48.053(b), Education Code, is amended
458	458	to read as follows:
459	459	(b) A school district to which this section applies is
460	460	entitled to funding under this chapter as if the district were a
461	461	full-time virtual campus or full-time hybrid campus for purposes of
462	462	Section 30B.108 with [had] no tier one local share for purposes of
463	463	Section 48.256 for each student enrolled in the district:
464	464	(1) who resides in this state; or
465	465	(2) who:
466	466	(A) is a dependent of a member of the United
467	467	States military;
468	468	(B) was previously enrolled in school in this
469	469	state; and
470	470	(C) does not reside in this state due to a
471	471	military deployment or transfer.
472	472	ARTICLE 3. CONFORMING CHANGES
473	473	SECTION 3.01. Section 1.001(b), Education Code, is amended
474	474	to read as follows:
475	475	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
476	476	A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
477	477	this code does not apply to students, facilities, or programs under
478	478	the jurisdiction of the Department of Aging and Disability
479	479	Services, the Department of State Health Services, the Health and
480	480	Human Services Commission, the Texas Juvenile Justice Department,
481	481	the Texas Department of Criminal Justice, a Job Corps program
482	482	operated by or under contract with the United States Department of
483	483	Labor, or any juvenile probation agency.
484	484	SECTION 3.02. Section 7.0561(f), Education Code, is amended
485	485	to read as follows:
486	486	(f) In consultation with interested school districts,
487	487	open-enrollment charter schools, and other appropriate interested
488	488	persons, the commissioner shall adopt rules applicable to the
489	489	consortium, according to the following principles for a next
490	490	generation of higher performing public schools:
491	491	(1) engagement of students in digital learning,
492	492	including engagement through the use of electronic textbooks and
493	493	instructional materials adopted under Subchapters B and B-1,
494	494	Chapter 31, and virtual courses offered by school districts and
495	495	open-enrollment charter schools under Chapter 30B [through the
496	496	state virtual school network under Subchapter 30A];
497	497	(2) emphasis on learning standards that focus on
498	498	high-priority standards identified in coordination with districts
499	499	and charter schools participating in the consortium;
500	500	(3) use of multiple assessments of learning capable of
501	501	being used to inform students, parents, districts, and charter
502	502	schools on an ongoing basis concerning the extent to which learning
503	503	is occurring and the actions consortium participants are taking to
504	504	improve learning; and
505	505	(4) reliance on local control that enables communities
506	506	and parents to be involved in the important decisions regarding the
507	507	education of their children.
508	508	SECTION 3.03. Section 25.007(b), Education Code, is amended
509	509	to read as follows:
510	510	(b) In recognition of the challenges faced by students who
511	511	are homeless or in substitute care, the agency shall assist the
512	512	transition of students who are homeless or in substitute care from
513	513	one school to another by:
514	514	(1) ensuring that school records for a student who is
515	515	homeless or in substitute care are transferred to the student's new
516	516	school not later than the 10th working day after the date the
517	517	student begins enrollment at the school;
518	518	(2) developing systems to ease transition of a student
519	519	who is homeless or in substitute care during the first two weeks of
520	520	enrollment at a new school;
521	521	(3) developing procedures for awarding credit,
522	522	including partial credit if appropriate, for course work, including
523	523	electives, completed by a student who is homeless or in substitute
524	524	care while enrolled at another school;
525	525	(4) developing procedures to ensure that a new school
526	526	relies on decisions made by the previous school regarding placement
527	527	in courses or educational programs of a student who is homeless or
528	528	in substitute care and places the student in comparable courses or
529	529	educational programs at the new school, if those courses or
530	530	programs are available;
531	531	(5) promoting practices that facilitate access by a
532	532	student who is homeless or in substitute care to extracurricular
533	533	programs, summer programs, credit transfer services, virtual
534	534	[electronic] courses provided under Chapter 30B [30A], and
535	535	after-school tutoring programs at nominal or no cost;
536	536	(6) establishing procedures to lessen the adverse
537	537	impact of the movement of a student who is homeless or in substitute
538	538	care to a new school;
539	539	(7) entering into a memorandum of understanding with
540	540	the Department of Family and Protective Services regarding the
541	541	exchange of information as appropriate to facilitate the transition
542	542	of students in substitute care from one school to another;
543	543	(8) encouraging school districts and open-enrollment
544	544	charter schools to provide services for a student who is homeless or
545	545	in substitute care in transition when applying for admission to
546	546	postsecondary study and when seeking sources of funding for
547	547	postsecondary study;
548	548	(9) requiring school districts, campuses, and
549	549	open-enrollment charter schools to accept a referral for special
550	550	education services made for a student who is homeless or in
551	551	substitute care by a school previously attended by the student, and
552	552	to provide comparable services to the student during the referral
553	553	process or until the new school develops an individualized
554	554	education program for the student;
555	555	(10) requiring school districts, campuses, and
556	556	open-enrollment charter schools to provide notice to the child's
557	557	educational decision-maker and caseworker regarding events that
558	558	may significantly impact the education of a child, including:
559	559	(A) requests or referrals for an evaluation under
560	560	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
561	561	special education under Section 29.003;
562	562	(B) admission, review, and dismissal committee
563	563	meetings;
564	564	(C) manifestation determination reviews required
565	565	by Section 37.004(b);
566	566	(D) any disciplinary actions under Chapter 37 for
567	567	which parental notice is required;
568	568	(E) citations issued for Class C misdemeanor
569	569	offenses on school property or at school-sponsored activities;
570	570	(F) reports of restraint and seclusion required
571	571	by Section 37.0021;
572	572	(G) use of corporal punishment as provided by
573	573	Section 37.0011; and
574	574	(H) appointment of a surrogate parent for the
575	575	child under Section 29.0151;
576	576	(11) developing procedures for allowing a student who
577	577	is homeless or in substitute care who was previously enrolled in a
578	578	course required for graduation the opportunity, to the extent
579	579	practicable, to complete the course, at no cost to the student,
580	580	before the beginning of the next school year;
581	581	(12) ensuring that a student who is homeless or in
582	582	substitute care who is not likely to receive a high school diploma
583	583	before the fifth school year following the student's enrollment in
584	584	grade nine, as determined by the district, has the student's course
585	585	credit accrual and personal graduation plan reviewed;
586	586	(13) ensuring that a student in substitute care who is
587	587	in grade 11 or 12 be provided information regarding tuition and fee
588	588	exemptions under Section 54.366 for dual-credit or other courses
589	589	provided by a public institution of higher education for which a
590	590	high school student may earn joint high school and college credit;
591	591	(14) designating at least one agency employee to act
592	592	as a liaison officer regarding educational issues related to
593	593	students in the conservatorship of the Department of Family and
594	594	Protective Services; and
595	595	(15) providing other assistance as identified by the
596	596	agency.
597	597	SECTION 3.04. Section 33.009(d), Education Code, is amended
598	598	to read as follows:
599	599	(d) An academy developed under this section must provide
600	600	counselors and other postsecondary advisors with knowledge and
601	601	skills to provide counseling to students regarding postsecondary
602	602	success and productive career planning and must include information
603	603	relating to:
604	604	(1) each endorsement described by Section
605	605	28.025(c-1), including:
606	606	(A) the course requirements for each
607	607	endorsement; and
608	608	(B) the postsecondary educational and career
609	609	opportunities associated with each endorsement;
610	610	(2) available methods for a student to earn credit for
611	611	a course not offered at the school in which the student is enrolled,
612	612	including enrollment in a virtual [an electronic] course provided
613	613	[through the state virtual school network] under Chapter 30B [30A];
614	614	(3) general academic performance requirements for
615	615	admission to an institution of higher education, including the
616	616	requirements for automatic admission to a general academic teaching
617	617	institution under Section 51.803;
618	618	(4) regional workforce needs, including information
619	619	about the required education and the average wage or salary for
620	620	careers that meet those workforce needs; and
621	621	(5) effective strategies for engaging students and
622	622	parents in planning for postsecondary education and potential
623	623	careers, including participation in mentorships and business
624	624	partnerships.
625	625	SECTION 3.05. Section 48.104(f), Education Code, is amended
626	626	to read as follows:
627	627	(f) A student receiving a full-time virtual education
628	628	provided through a full-time virtual campus under Chapter 30B
629	629	[through the state virtual school network] may be included in
630	630	determining the number of students who are educationally
631	631	disadvantaged and reside in an economically disadvantaged census
632	632	block group under Subsection (b) or (e), as applicable, if the
633	633	school district submits to the commissioner a plan detailing the
634	634	enhanced services that will be provided to the student and the
635	635	commissioner approves the plan.
636	636	SECTION 3.06. Section 48.111(b), Education Code, is amended
637	637	to read as follows:
638	638	(b) For purposes of Subsection (a), in determining the
639	639	number of students enrolled in a school district, the commissioner
640	640	shall exclude students enrolled in the district who receive
641	641	full-time instruction provided through a full-time virtual campus
642	642	under Chapter 30B [through the state virtual school network under
643	643	Chapter 30A].
644	644	ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
645	645	SECTION 4.01. The following provisions of the Education
646	646	Code are repealed:
647	647	(1) Section 21.051(g);
648	648	(2) Section 25.092(a-4);
649	649	(3) Section 26.0031(f);
650	650	(4) Section 29.9091;
651	651	(5) Chapter 30A;
652	652	(6) Section 39.0549;
653	653	(7) Sections 39.301(c-1) and (c-2);
654	654	(8) Sections 48.005(h-1), (m-1), and (m-2);
655	655	(9) Sections 48.053(b-1) and (b-2); and
656	656	(10) Section 48.0071.
657	657	SECTION 4.02. (a) Notwithstanding the repeal by this Act of
658	658	Chapter 30A, Education Code, a school district or open-enrollment
659	659	charter school providing an electronic course or a full-time
660	660	program through the state virtual school network in accordance with
661	661	Chapter 30A, Education Code, as that law existed immediately before
662	662	the effective date of this Act, may, except as provided by
663	663	Subsection (b) of this section, continue to provide that course or
664	664	full-time program as if that chapter were still in effect until the
665	665	end of the 2024-2025 school year.
666	666	(b) The funding provided to a school district or
667	667	open-enrollment charter school for a student enrolled in an
668	668	electronic course or full-time program offered through the state
669	669	virtual school network in accordance with Chapter 30A, Education
670	670	Code, as that law existed immediately before the effective date of
671	671	this Act, shall be determined, as applicable, under Section 30B.058
672	672	or 30B.108, Education Code, as added by this Act.
673	673	SECTION 4.03. (a) Notwithstanding the repeal by this Act of
674	674	Section 29.9091, Education Code, a school district or
675	675	open-enrollment charter school operating a full-time local remote
676	676	learning program in accordance with Section 29.9091, Education
677	677	Code, as that law existed immediately before the effective date of
678	678	this Act, may, except as provided by Subsections (b) and (c) of this
679	679	section, continue to operate the local remote learning program as
680	680	if that section were still in effect until the end of the 2024-2025
681	681	school year.
682	682	(b) A local remote learning program operated by a school
683	683	district in accordance with Section 29.9091, Education Code, as
684	684	that section existed immediately before the effective date of this
685	685	Act, must operate in compliance with Section 30B.105, Education
686	686	Code, as added by this Act, and may not operate in compliance with
687	687	Section 29.9091(d) or (e) or Section 48.005(m-1), Education Code,
688	688	as those sections existed immediately before the effective date of
689	689	this Act.
690	690	(c) The funding provided to a school district or
691	691	open-enrollment charter school for a student enrolled in a local
692	692	remote learning program operated in accordance with Section
693	693	29.9091, Education Code, as that law existed immediately before the
694	694	effective date of this Act, shall be determined under Section
695	695	30B.108, Education Code, as added by this Act.
696	696	SECTION 4.04. (a) Notwithstanding the repeal by this Act of
697	697	Section 48.0071, Education Code, a school district or
698	698	open-enrollment charter school providing an off-campus electronic
699	699	course, off-campus electronic program, or instructional program
700	700	that combines in-person instruction and off-campus electronic
701	701	instruction in accordance with Section 48.0071, Education Code, as
702	702	that law existed immediately before the effective date of this Act,
703	703	may, except as provided by Subsections (b) and (c) of this section,
704	704	continue to provide the off-campus electronic course, off-campus
705	705	electronic program, or instructional program that combines
706	706	in-person instruction and off-campus electronic instruction as if
707	707	that section were still in effect until the end of the 2024-2025
708	708	school year.
709	709	(b) An off-campus electronic course, off-campus electronic
710	710	program, or instructional program that combines in-person
711	711	instruction and off-campus electronic instruction provided by a
712	712	school district in accordance with Section 48.0071, Education Code,
713	713	as that section existed immediately before the effective date of
714	714	this Act, must operate in compliance with Section 30B.105,
715	715	Education Code, as added by this Act, and may not operate in
716	716	compliance with Section 48.005(m-1), Education Code, as that
717	717	section existed immediately before the effective date of this Act.
718	718	(c) The funding provided to a school district or
719	719	open-enrollment charter school for a student enrolled in an
720	720	off-campus electronic course, off-campus electronic program, or
721	721	instructional program that combines in-person instruction and
722	722	off-campus electronic instruction provided in accordance with
723	723	Section 48.0071, Education Code, as that law existed immediately
724	724	before the effective date of this Act, shall be determined under
725	725	Section 30B.108, Education Code, as added by this Act.
726	726	SECTION 4.05. The commissioner of education shall adopt
727	727	rules providing an expedited authorization process for a school
728	728	district or open-enrollment charter school that applies to operate
729	729	a full-time virtual campus or a full-time hybrid campus under
730	730	Chapter 30B, Education Code, as added by this Act, if the district
731	731	or school, as of the effective date of this Act:
732	732	(1) operates an electronic course or full-time program
733	733	through the state virtual school network in accordance with Chapter
734	734	30A, Education Code, as that law existed immediately before the
735	735	effective date of this Act;
736	736	(2) operates a local remote learning program under
737	737	Section 29.9091, Education Code, as that law existed immediately
738	738	before the effective date of this Act; or
739	739	(3) provides electronic instruction in accordance
740	740	with Section 48.0071, Education Code, as that law existed
741	741	immediately before the effective date of this Act.
742	742	SECTION 4.06. (a) Notwithstanding any other section of
743	743	this Act, in a state fiscal year, the Texas Education Agency is not
744	744	required to implement a provision found in another section of this
745	745	Act that is drafted as a mandatory provision imposing a duty on the
746	746	agency to take an action unless money is specifically appropriated
747	747	to the agency for that fiscal year to carry out that duty. The Texas
748	748	Education Agency may implement the provision in that fiscal year to
749	749	the extent other funding is available to the agency to do so.
750	750	(b) If, as authorized by Subsection (a) of this section, the
751	751	Texas Education Agency does not implement the mandatory provision
752	752	in a state fiscal year, the agency, in its legislative budget
753	753	request for the next state fiscal biennium, shall certify that fact
754	754	to the Legislative Budget Board and include a written estimate of
755	755	the costs of implementing the provision in each year of that next
756	756	state fiscal biennium.
757	757	(c) This section and the suspension of the Texas Education
758	758	Agency's duty to implement a mandatory provision of this Act, as
759	759	provided by Subsection (a) of this section, expires and the duty to
760	760	implement the mandatory provision resumes on September 1, 2027.
761	761	SECTION 4.07. This Act takes effect immediately if it
762	762	receives a vote of two-thirds of all the members elected to each
763	763	house, as provided by Section 39, Article III, Texas Constitution.
764	764	If this Act does not receive the vote necessary for immediate
765	765	effect, this Act takes effect September 1, 2023.
766	766	* * * * *