Texas 2023 - 88th Regular

Texas Senate Bill SB1861 Compare Versions

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1	1	88R28765 JES-D
2	2	By: Bettencourt, et al. S.B. No. 1861
3	3	(King of Hemphill)
4	4	Substitute the following for S.B. No. 1861: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of virtual education in public schools
10	10	and to certain waivers and modifications by the commissioner of
11	11	education to the method of calculating average daily attendance in
12	12	an emergency or crisis for purposes of preserving school district
13	13	funding entitlements under the Foundation School Program during
14	14	that emergency or crisis; authorizing a fee.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. VIRTUAL EDUCATION
17	17	SECTION 1.01. The heading to Section 26.0031, Education
18	18	Code, is amended to read as follows:
19	19	Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL COURSES
20	20	[SCHOOL NETWORK].
21	21	SECTION 1.02. Section 26.0031, Education Code, is amended
22	22	by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
23	23	adding Subsection (b-1) to read as follows:
24	24	(a) At the time and in the manner that a school district or
25	25	open-enrollment charter school informs students and parents about
26	26	courses that are offered in the district's or school's traditional
27	27	classroom setting, the district or school shall notify parents and
28	28	students of the option to enroll in a virtual [an electronic] course
29	29	offered by the district or school in which the student is enrolled
30	30	or by another district or school [through the state virtual school
31	31	network] under Chapter 30B [30A].
32	32	(b) Except as provided by Subsection (c), a school district
33	33	or open-enrollment charter school in which a student is enrolled as
34	34	a full-time student may not deny the request of a parent of a
35	35	student to enroll the student in a virtual [an electronic] course
36	36	offered by the district or school in which the student is enrolled
37	37	or by another district or school [through the state virtual school
38	38	network] under Chapter 30B [30A].
39	39	(b-1) A school district or open-enrollment charter school
40	40	may not actively discourage a student, including by threat or
41	41	intimidation, from enrolling in a virtual course.
42	42	(c) A school district or open-enrollment charter school may
43	43	deny a request to enroll a student in a virtual [an electronic]
44	44	course if:
45	45	(1) a student attempts to enroll in a course load that
46	46	is inconsistent with the student's high school graduation plan or
47	47	requirements for college admission or earning an industry
48	48	certification;
49	49	(2) the student requests permission to enroll in a
50	50	virtual [an electronic] course at a time that is not consistent with
51	51	the enrollment period established by the school district or
52	52	open-enrollment charter school providing the course; or
53	53	(3) the district or school determines that the cost of
54	54	the course is too high [offers a substantially similar course].
55	55	(c-1) A school district or open-enrollment charter school
56	56	may decline to pay the cost for a student of more than three
57	57	yearlong virtual [electronic] courses, or the equivalent, during
58	58	any school year. This subsection does not:
59	59	(1) limit the ability of the student to enroll in
60	60	additional virtual [electronic] courses at the student's cost; or
61	61	(2) apply to a student enrolled in a full-time virtual
62	62	[online] program [that was operating on January 1, 2013].
63	63	(d) Notwithstanding Subsection (c)(2), a school district or
64	64	open-enrollment charter school that provides a virtual [an
65	65	electronic] course [through the state virtual school network] under
66	66	Chapter 30B [30A] shall make all reasonable efforts to accommodate
67	67	the enrollment of a student in the course under special
68	68	circumstances.
69	69	(e) A school district or open-enrollment charter school
70	70	that denies a request to enroll a student in a virtual course under
71	71	Subsection (c) must provide a written explanation of the denial to
72	72	the student and the student's parent. The written explanation must
73	73	provide notice of the student's ability to appeal the decision and
74	74	an explanation of the appeal process, including the process of
75	75	pursuing a final appeal heard by the board of trustees of the
76	76	district or the governing board of the school. A determination made
77	77	by the board of trustees of the school district or the governing
78	78	board of the open-enrollment charter school [A parent may appeal to
79	79	the commissioner a school district's or open-enrollment charter
80	80	school's decision to deny a request to enroll a student in an
81	81	electronic course offered through the state virtual school network.
82	82	The commissioner's decision] under this subsection is final and may
83	83	not be appealed.
84	84	SECTION 1.03. Section 29.9091, Education Code, is amended
85	85	by amending Subsections (a), (d), (e), (n), (o), and (p) to read as
86	86	follows:
87	87	(a) A school district or open-enrollment charter school
88	88	assigned an overall performance rating of C or higher under Section
89	89	39.054 for the preceding school year or the most recent school year
90	90	in which a performance rating was assigned may operate a local
91	91	remote learning program to offer virtual courses [outside the state
92	92	virtual school network under Chapter 30A] to eligible students.
93	93	(d) A student is eligible to enroll in a virtual course
94	94	offered under a local remote learning program if the student:
95	95	(1) is enrolled in a school district or
96	96	open-enrollment charter school in fourth through twelfth grade;
97	97	(2) has reasonable access to in-person services for
98	98	the course at a district or school facility; and
99	99	(3) meets any additional criteria, including minimum
100	100	academic standards, established by the school district or
101	101	open-enrollment charter school in which the student is enrolled.
102	102	(e) A school district or open-enrollment charter school
103	103	that operates a local remote learning program:
104	104	(1) shall periodically assess the performance of
105	105	students enrolled in virtual courses under the program; and
106	106	(2) subject to Subsection (f), may remove a student
107	107	from virtual courses under the program and return the student to
108	108	in-person instruction if the district or school determines that the
109	109	student does not meet the criteria described by Subsection (d)[;
110	110	and
111	111	[(3) may not count a student for purposes of
112	112	calculating the district's or school's average daily attendance if
113	113	the student has 10 or more unexcused absences in the program in a
114	114	six-month period].
115	115	(n) A [Except as otherwise provided under Subsection
116	116	(e)(3), a] student enrolled in a virtual course offered under a
117	117	local remote learning program shall be counted toward the school
118	118	district's or open-enrollment charter school's average daily
119	119	attendance in the same manner as other district or school
120	120	students. The commissioner shall adopt rules providing for a
121	121	method of taking attendance, once each school day, for students
122	122	enrolled in a virtual course offered under a local remote learning
123	123	program.
124	124	(o) Chapter 30B [30A] does not apply to a virtual course
125	125	offered under a local remote learning program.
126	126	(p) This section does not prohibit a student enrolled in a
127	127	school district or open-enrollment charter school that operates a
128	128	local remote learning program from enrolling in courses offered
129	129	[through the state virtual school network] under Chapter 30B [30A].
130	130	SECTION 1.04. Subtitle F, Title 2, Education Code, is
131	131	amended by adding Chapter 30B to read as follows:
132	132	CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL
133	133	CAMPUSES
134	134	SUBCHAPTER A. GENERAL PROVISIONS
135	135	Sec. 30B.001. DEFINITIONS. In this chapter:
136	136	(1) "Full-time hybrid campus" means a full-time
137	137	educational program authorized under Subchapter C in which:
138	138	(A) a student is in attendance in person for less
139	139	than 90 percent of the minutes of instruction provided; and
140	140	(B) the instruction and content may be delivered
141	141	over the Internet, in person, or through other means.
142	142	(2) "Full-time virtual campus" means a full-time
143	143	educational program authorized under Subchapter C in which:
144	144	(A) a student is in attendance in person
145	145	minimally or not at all; and
146	146	(B) the instruction and content are delivered
147	147	primarily over the Internet.
148	148	(3) "Parent" means a student's parent or a person
149	149	standing in parental relation to a student.
150	150	(4) "Virtual course" means a course in which
151	151	instruction and content are delivered primarily over the Internet.
152	152	(5) "Whole campus virtual instruction provider" means
153	153	a private or third-party service that provides oversight and
154	154	management of the virtual instruction services or otherwise
155	155	provides a preponderance of those services for a full-time virtual
156	156	or full-time hybrid campus.
157	157	Sec. 30B.002. RULES. (a) The commissioner shall adopt
158	158	rules as necessary to administer this chapter.
159	159	(b) To the extent practicable, the commissioner shall
160	160	consult school districts, open-enrollment charter schools, and
161	161	parents in adopting rules under this section.
162	162	(c) The agency may form an advisory committee similar to an
163	163	advisory committee described by Section 2110.001, Government Code,
164	164	to comply with the provisions of this section. Chapter 2110,
165	165	Government Code, does not apply to an advisory committee formed
166	166	under this section.
167	167	Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
168	168	of this chapter, the commissioner may seek and accept a grant from a
169	169	public or private person.
170	170	(b) For purposes of this chapter, the commissioner may
171	171	accept federal funds and shall use those funds in compliance with
172	172	applicable federal law, regulations, and guidelines.
173	173	Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
174	174	SERVICE. This chapter does not:
175	175	(1) require a school district, an open-enrollment
176	176	charter school, a virtual course provider, or the state to provide a
177	177	student with home computer equipment or Internet access for a
178	178	virtual course provided by a school district or open-enrollment
179	179	charter school; or
180	180	(2) prohibit a school district or open-enrollment
181	181	charter school from providing a student with home computer
182	182	equipment or Internet access for a virtual course provided by the
183	183	district or school.
184	184	SUBCHAPTER B. VIRTUAL COURSES
185	185	Sec. 30B.051. VIRTUAL COURSE INSTRUCTION PERMITTED IN
186	186	CERTAIN GRADES. (a) A school district or open-enrollment charter
187	187	school may deliver instruction through virtual courses in the
188	188	manner provided by this chapter.
189	189	(a-1) The following entities may deliver instruction
190	190	through virtual courses under this chapter in the same manner
191	191	provided for a school district or open-enrollment charter school:
192	192	(1) a consortium of school districts or
193	193	open-enrollment charter schools;
194	194	(2) an institution of higher education, as that term
195	195	is defined by Section 61.003; or
196	196	(3) a regional education service center.
197	197	(b) A school district or open-enrollment charter school
198	198	that delivers instruction through a virtual course shall develop
199	199	written information describing each virtual course available for
200	200	enrollment and complying with any other requirement of Section
201	201	26.0031.
202	202	(c) A school district or open-enrollment charter school
203	203	shall make information under this section available to students and
204	204	parents at the time students ordinarily select courses and may
205	205	provide that information to students and parents at other times as
206	206	determined by the district or school.
207	207	(d) Notwithstanding any other law, a student enrolled in
208	208	prekindergarten through third grade may not enroll in a virtual
209	209	course.
210	210	Sec. 30B.052. VIRTUAL COURSE QUALITY REQUIREMENTS. A
211	211	school district or open-enrollment charter school that offers a
212	212	virtual course under this chapter must certify to the commissioner
213	213	that the virtual course:
214	214	(1) includes the appropriate essential knowledge and
215	215	skills adopted under Subchapter A, Chapter 28;
216	216	(2) provides instruction at the appropriate level of
217	217	rigor for the grade level at which the course is offered and will
218	218	prepare a student enrolled in the course for the student's next
219	219	grade level or a subsequent course in a similar subject matter; and
220	220	(3) meets standards for virtual courses adopted by the
221	221	commissioner, or, if standards are not adopted by the commissioner
222	222	for virtual courses, the National Standards for Quality Online
223	223	Courses published by the Virtual Learning Leadership Alliance,
224	224	Quality Matters, and the Digital Learning Collaborative, or a
225	225	successor publication.
226	226	Sec. 30B.053. RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES.
227	227	(a) Except as provided by Section 30B.106(b), a school district or
228	228	open-enrollment charter school may not require a student to enroll
229	229	in a virtual course.
230	230	(b) A student enrolled in a virtual course offered under
231	231	this chapter may participate in an extracurricular activity
232	232	sponsored or sanctioned by the school district or open-enrollment
233	233	charter school in which the student is enrolled or by the University
234	234	Interscholastic League in the same manner as other district or
235	235	school students.
236	236	(c) A virtual course offered under this chapter to a student
237	237	receiving special education services or other accommodations must
238	238	meet the needs of the participating student in a manner consistent
239	239	with Subchapter A, Chapter 29, and with federal law, including the
240	240	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
241	241	et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C.
242	242	Section 794), as applicable.
243	243	Sec. 30B.054. RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.
244	244	(a) A school district or open-enrollment charter school may not
245	245	require a classroom teacher to provide both virtual instruction and
246	246	in-person instruction for a course offered under this chapter
247	247	during the same class period. The commissioner may waive the
248	248	requirements of this subsection for courses included in the
249	249	enrichment curriculum under Section 28.002.
250	250	(b) A classroom teacher may not provide instruction for a
251	251	virtual course offered under this chapter unless:
252	252	(1) the teacher has received appropriate professional
253	253	development in virtual instruction, as determined by the school
254	254	district or open-enrollment charter school at which the teacher is
255	255	employed; or
256	256	(2) the district or school has determined that the
257	257	teacher has sufficient previous experience to not require the
258	258	professional development described by Subdivision (1).
259	259	(c) A school district or open-enrollment charter school may
260	260	not directly or indirectly coerce any classroom teacher hired to
261	261	provide in-person instruction to agree to an assignment to teach a
262	262	virtual course or a course at a full-time hybrid campus.
263	263	Sec. 30B.055. ASSESSMENTS. Except as authorized by
264	264	commissioner rule, an assessment instrument administered under
265	265	Section 39.023 or 39.025 to a student enrolled in a virtual course
266	266	offered under this chapter shall be administered to the student in
267	267	the same manner in which the assessment instrument is administered
268	268	to a student enrolled in an in-person course at the student's school
269	269	district or open-enrollment charter school.
270	270	Sec. 30B.056. TUITION AND FEES. A school district or
271	271	open-enrollment charter school may charge tuition and fees for a
272	272	virtual course provided to a student who:
273	273	(1) is not eligible to enroll in a public school in
274	274	this state; or
275	275	(2) is not enrolled in the school district or
276	276	open-enrollment charter school.
277	277	Sec. 30B.057. ATTENDANCE FOR CLASS CREDIT OR GRADE. A
278	278	school district or open-enrollment charter school shall establish
279	279	the participation necessary to earn credit or a grade for a virtual
280	280	course offered by the district or school notwithstanding Section
281	281	25.092.
282	282	Sec. 30B.058. FOUNDATION SCHOOL FUNDING. A student
283	283	enrolled in a virtual course offered under this chapter by a school
284	284	district or open-enrollment charter school is counted toward the
285	285	district's or school's average daily attendance in the same manner
286	286	as district or school students not enrolled in a virtual course.
287	287	Sec. 30B.059. AGENCY PUBLICATION OF AVAILABLE COURSES. (a)
288	288	The agency shall publish a list of virtual courses offered by school
289	289	districts and open-enrollment charter schools in this state that
290	290	includes:
291	291	(1) whether the course is available to a student who is
292	292	not otherwise enrolled in the offering district or school;
293	293	(2) the cost of the course; and
294	294	(3) information regarding any third-party provider
295	295	involved in the delivery of the course.
296	296	(b) A school district or open-enrollment charter school
297	297	shall provide to the agency information required to publish the
298	298	list under Subsection (a).
299	299	SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES
300	300	Sec. 30B.101. FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS
301	301	AUTHORIZATION. (a) A school district or open-enrollment charter
302	302	school may operate a full-time virtual campus or a full-time hybrid
303	303	campus if authorized by the commissioner in accordance with this
304	304	section.
305	305	(b) The commissioner shall adopt rules establishing the
306	306	requirements for and process by which a school district or
307	307	open-enrollment charter school may apply for authorization to
308	308	operate a full-time virtual campus or a full-time hybrid campus.
309	309	The rules adopted by the commissioner may require certain written
310	310	application materials and interviews and shall require a school
311	311	district or open-enrollment charter school to:
312	312	(1) engage in a year of planning before offering a
313	313	course under this chapter to verify the course is designed in
314	314	accordance with high-quality criteria;
315	315	(2) develop an academic plan that incorporates:
316	316	(A) curriculum and instructional practices
317	317	aligned with the appropriate essential knowledge and skills
318	318	provided under Subchapter A, Chapter 28;
319	319	(B) monitoring of the progress of student
320	320	performance and interventions;
321	321	(C) a method for meeting the needs of and
322	322	complying with federal and state requirements for special
323	323	populations and at-risk students; and
324	324	(D) compliance with the requirements of this
325	325	chapter;
326	326	(3) develop an operations plan that addresses:
327	327	(A) staffing models;
328	328	(B) the designation of selected school leaders;
329	329	(C) professional development for staff;
330	330	(D) student and family engagement;
331	331	(E) school calendars and schedules;
332	332	(F) student enrollment eligibility;
333	333	(G) cybersecurity and student data privacy
334	334	measures; and
335	335	(H) any educational services to be provided by a
336	336	private or third party; and
337	337	(4) demonstrate the capacity to execute the district's
338	338	or school's plan successfully.
339	339	(c) A full-time virtual campus or full-time hybrid campus
340	340	authorized under this section must include:
341	341	(1) at least one grade level in which an assessment
342	342	instrument is required to be administered under Section 39.023(a)
343	343	or (c), including each subject or course for which an assessment
344	344	instrument is required in that grade level;
345	345	(2) sufficient grade levels, as determined by the
346	346	commissioner, to allow for the annual evaluation of the performance
347	347	of students who complete the courses offered; or
348	348	(3) for a campus that does not include grade levels
349	349	described by Subdivision (1) or (2), another performance evaluation
350	350	measure approved by the commissioner during the authorization
351	351	process.
352	352	(d) A campus approved under this subchapter may only apply
353	353	for and receive authorization to operate as a full-time virtual
354	354	campus or a full-time hybrid campus. A campus may not change its
355	355	operation designation during the authorization process or after the
356	356	campus is authorized.
357	357	(e) The commissioner may only authorize a school district or
358	358	open-enrollment charter school to operate a full-time virtual
359	359	campus or a full-time hybrid campus if the commissioner determines
360	360	that the authorization of the campus is likely to result in improved
361	361	student learning opportunities. If a district or school will use a
362	362	private or third party in operating the campus, the commissioner
363	363	shall consider the historical performance of the private or third
364	364	party, if known, in making a determination under this section.
365	365	(f) A determination made by the commissioner under this
366	366	section is final and not subject to appeal.
367	367	Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
368	368	by this section, the commissioner's authorization of a full-time
369	369	virtual campus or full-time hybrid campus under Section 30B.101
370	370	continues indefinitely.
371	371	(b) The commissioner shall revoke the authorization of a
372	372	full-time virtual campus or full-time hybrid campus if the campus
373	373	has been assigned, for the three preceding school years:
374	374	(1) an unacceptable performance rating under
375	375	Subchapter C, Chapter 39;
376	376	(2) a financial accountability performance rating
377	377	under Subchapter D, Chapter 39, indicating financial performance
378	378	lower than satisfactory;
379	379	(3) any combination of the ratings described by
380	380	Subdivision (1) or (2); or
381	381	(4) a rating of performance that needs improvement or
382	382	unacceptable, as determined by the commissioner, on a performance
383	383	evaluation approved by the commissioner under Section
384	384	30B.101(c)(3).
385	385	(c) The commissioner may, based on a special investigation
386	386	conducted under Section 39.003:
387	387	(1) revoke an authorization of a full-time virtual
388	388	campus or full-time hybrid campus; or
389	389	(2) require any intervention authorized under that
390	390	section.
391	391	(d) If a private or third party is determined to be
392	392	ineligible under Section 30B.104, the commissioner shall revoke an
393	393	authorization of a full-time virtual campus or full-time hybrid
394	394	campus for which the private or third party acts as a whole campus
395	395	virtual instruction provider, unless the commissioner approves a
396	396	request by the school district or open-enrollment charter school
397	397	that operates the campus to use an alternative private or third
398	398	party.
399	399	(e) An appeal by a school district or open-enrollment
400	400	charter school of a revocation of an authorization under this
401	401	chapter that results in the closure of a campus must be made under
402	402	Section 39A.301.
403	403	Sec. 30B.103. REVISION RELATING TO A PRIVATE OR THIRD
404	404	PARTY. A school district or open-enrollment charter school shall
405	405	provide notice to the commissioner of the use of or change in
406	406	affiliation of a private or third party acting as a whole campus
407	407	virtual instruction provider for the full-time virtual campus or
408	408	full-time hybrid campus.
409	409	Sec. 30B.104. PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)
410	410	The commissioner shall, to the extent feasible, evaluate the
411	411	performance of a private or third party acting as a whole campus
412	412	virtual instruction provider for a school district or
413	413	open-enrollment charter school.
414	414	(b) The commissioner shall establish a standard to
415	415	determine if a private or third party is ineligible to act as a
416	416	whole campus virtual education provider. A private or third party
417	417	determined to be ineligible under this section remains ineligible
418	418	until after the fifth anniversary of that determination.
419	419	Sec. 30B.105. STUDENT ELIGIBILITY. (a) A student eligible
420	420	to enroll in fourth through twelfth grade in a public school of this
421	421	state is eligible to enroll at a full-time hybrid campus.
422	422	(b) A student is eligible to enroll in a full-time virtual
423	423	campus if the student is eligible to enroll in fourth through
424	424	twelfth grade and:
425	425	(1) attended a public school in this state for a
426	426	minimum of six weeks in the current school year or in the preceding
427	427	school year;
428	428	(2) was not required to attend public school in this
429	429	state due to nonresidency during the preceding school year;
430	430	(3) is a dependent of a member of the United States
431	431	military who has been deployed; or
432	432	(4) has been placed in substitute care in this state.
433	433	Sec. 30B.106. STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL
434	434	AND FULL-TIME HYBRID CAMPUSES. (a) A student enrolled in a school
435	435	district may not be compelled to enroll in a full-time virtual or
436	436	full-time hybrid campus. A school district must offer the option
437	437	for a student's parent to select in-person instruction for the
438	438	student.
439	439	(b) Notwithstanding Subsection (a) or Section 30B.053, an
440	440	open-enrollment charter school may require a student to attend a
441	441	full-time virtual or full-time hybrid campus.
442	442	Sec. 30B.107. CAMPUS DESIGNATIONS. The commissioner shall
443	443	determine and assign a unique campus designation number to each
444	444	full-time virtual campus or full-time hybrid campus authorized
445	445	under this subchapter.
446	446	Sec. 30B.108. FUNDING. (a) For purposes of calculating the
447	447	average daily attendance of students attending a full-time virtual
448	448	campus or full-time hybrid campus, the commissioner shall use the
449	449	number of full-time equivalent students enrolled in the full-time
450	450	virtual or full-time hybrid campus multiplied by the average
451	451	attendance rate of the school district or open-enrollment charter
452	452	school that offers the full-time virtual or full-time hybrid campus
453	453	not including any student enrolled full-time in a full-time virtual
454	454	or full-time hybrid campus. In the event that a reliable attendance
455	455	rate cannot be determined under this section, the commissioner
456	456	shall use the statewide average attendance rate.
457	457	(b) The commissioner shall provide proportionate funding to
458	458	the applicable school district or open-enrollment charter school
459	459	for a student that alternates attendance between a traditional,
460	460	in-person campus setting and the full-time virtual or full-time
461	461	hybrid campus of any single district or school in the same school
462	462	year.
463	463	SUBCHAPTER D. STATE SUPPORT
464	464	Sec. 30B.151. EDUCATOR PROFESSIONAL DEVELOPMENT. From
465	465	funds appropriated or otherwise available, the agency shall develop
466	466	professional development courses and materials aligned with
467	467	research-based practices for educators in providing high-quality
468	468	virtual education.
469	469	Sec. 30B.152. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
470	470	From funds appropriated or otherwise available, the agency shall
471	471	provide grants and technical assistance to school districts and
472	472	open-enrollment charter schools to aid in the establishment of
473	473	high-quality full-time virtual or full-time hybrid campuses.
474	474	SECTION 1.05. Subchapter A, Chapter 37, Education Code, is
475	475	amended by adding Section 37.0071 to read as follows:
476	476	Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
477	477	EXPULSION. (a) Except as provided by Subsection (b), before a
478	478	school district or open-enrollment charter school may expel a
479	479	student, the district or school shall consider the appropriateness
480	480	and feasibility of enrolling the student in a full-time virtual
481	481	education program as an alternative to expulsion.
482	482	(b) Subsection (a) does not apply to a student expelled
483	483	under Section 37.0081 or 37.007(a), (d), or (e).
484	484	ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM
485	485	SECTION 2.01. Section 48.005, Education Code, is amended by
486	486	adding Subsection (e-1) to read as follows:
487	487	(e-1) In a school year in which the occurrence of an
488	488	emergency or crisis, as defined by commissioner rule, causes a
489	489	statewide decrease in average daily attendance of school districts
490	490	entitled to funding under this chapter or, for an emergency or
491	491	crisis occurring only within a specific region of this state,
492	492	causes a regional decrease in the average daily attendance of
493	493	school districts located in the affected region, the commissioner
494	494	shall modify or waive requirements applicable to the affected
495	495	districts under this section and adopt appropriate safeguards as
496	496	necessary to ensure the continued support and maintenance of an
497	497	efficient system of public free schools and the continued delivery
498	498	of high-quality instruction under that system.
499	499	SECTION 2.02. Section 48.053(b), Education Code, is amended
500	500	to read as follows:
501	501	(b) A school district to which this section applies is
502	502	entitled to funding under this chapter as if the district were a
503	503	full-time virtual campus or full-time hybrid campus for purposes of
504	504	Section 30B.108 with [had] no tier one local share for purposes of
505	505	Section 48.256 for each student enrolled in the district:
506	506	(1) who resides in this state; or
507	507	(2) who:
508	508	(A) is a dependent of a member of the United
509	509	States military;
510	510	(B) was previously enrolled in school in this
511	511	state; and
512	512	(C) does not reside in this state due to a
513	513	military deployment or transfer.
514	514	ARTICLE 3. CONFORMING CHANGES
515	515	SECTION 3.01. Section 1.001(b), Education Code, is amended
516	516	to read as follows:
517	517	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
518	518	A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
519	519	this code does not apply to students, facilities, or programs under
520	520	the jurisdiction of the Department of Aging and Disability
521	521	Services, the Department of State Health Services, the Health and
522	522	Human Services Commission, the Texas Juvenile Justice Department,
523	523	the Texas Department of Criminal Justice, a Job Corps program
524	524	operated by or under contract with the United States Department of
525	525	Labor, or any juvenile probation agency.
526	526	SECTION 3.02. Section 7.0561(f), Education Code, is amended
527	527	to read as follows:
528	528	(f) In consultation with interested school districts,
529	529	open-enrollment charter schools, and other appropriate interested
530	530	persons, the commissioner shall adopt rules applicable to the
531	531	consortium, according to the following principles for a next
532	532	generation of higher performing public schools:
533	533	(1) engagement of students in digital learning,
534	534	including engagement through the use of electronic textbooks and
535	535	instructional materials adopted under Subchapters B and B-1,
536	536	Chapter 31, and virtual courses offered by school districts and
537	537	open-enrollment charter schools under Chapter 30B [through the
538	538	state virtual school network under Subchapter 30A];
539	539	(2) emphasis on learning standards that focus on
540	540	high-priority standards identified in coordination with districts
541	541	and charter schools participating in the consortium;
542	542	(3) use of multiple assessments of learning capable of
543	543	being used to inform students, parents, districts, and charter
544	544	schools on an ongoing basis concerning the extent to which learning
545	545	is occurring and the actions consortium participants are taking to
546	546	improve learning; and
547	547	(4) reliance on local control that enables communities
548	548	and parents to be involved in the important decisions regarding the
549	549	education of their children.
550	550	SECTION 3.03. Section 25.007(b), Education Code, is amended
551	551	to read as follows:
552	552	(b) In recognition of the challenges faced by students who
553	553	are homeless or in substitute care, the agency shall assist the
554	554	transition of students who are homeless or in substitute care from
555	555	one school to another by:
556	556	(1) ensuring that school records for a student who is
557	557	homeless or in substitute care are transferred to the student's new
558	558	school not later than the 10th working day after the date the
559	559	student begins enrollment at the school;
560	560	(2) developing systems to ease transition of a student
561	561	who is homeless or in substitute care during the first two weeks of
562	562	enrollment at a new school;
563	563	(3) developing procedures for awarding credit,
564	564	including partial credit if appropriate, for course work, including
565	565	electives, completed by a student who is homeless or in substitute
566	566	care while enrolled at another school;
567	567	(4) developing procedures to ensure that a new school
568	568	relies on decisions made by the previous school regarding placement
569	569	in courses or educational programs of a student who is homeless or
570	570	in substitute care and places the student in comparable courses or
571	571	educational programs at the new school, if those courses or
572	572	programs are available;
573	573	(5) promoting practices that facilitate access by a
574	574	student who is homeless or in substitute care to extracurricular
575	575	programs, summer programs, credit transfer services, virtual
576	576	[electronic] courses provided under Chapter 30B [30A], and
577	577	after-school tutoring programs at nominal or no cost;
578	578	(6) establishing procedures to lessen the adverse
579	579	impact of the movement of a student who is homeless or in substitute
580	580	care to a new school;
581	581	(7) entering into a memorandum of understanding with
582	582	the Department of Family and Protective Services regarding the
583	583	exchange of information as appropriate to facilitate the transition
584	584	of students in substitute care from one school to another;
585	585	(8) encouraging school districts and open-enrollment
586	586	charter schools to provide services for a student who is homeless or
587	587	in substitute care in transition when applying for admission to
588	588	postsecondary study and when seeking sources of funding for
589	589	postsecondary study;
590	590	(9) requiring school districts, campuses, and
591	591	open-enrollment charter schools to accept a referral for special
592	592	education services made for a student who is homeless or in
593	593	substitute care by a school previously attended by the student, and
594	594	to provide comparable services to the student during the referral
595	595	process or until the new school develops an individualized
596	596	education program for the student;
597	597	(10) requiring school districts, campuses, and
598	598	open-enrollment charter schools to provide notice to the child's
599	599	educational decision-maker and caseworker regarding events that
600	600	may significantly impact the education of a child, including:
601	601	(A) requests or referrals for an evaluation under
602	602	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
603	603	special education under Section 29.003;
604	604	(B) admission, review, and dismissal committee
605	605	meetings;
606	606	(C) manifestation determination reviews required
607	607	by Section 37.004(b);
608	608	(D) any disciplinary actions under Chapter 37 for
609	609	which parental notice is required;
610	610	(E) citations issued for Class C misdemeanor
611	611	offenses on school property or at school-sponsored activities;
612	612	(F) reports of restraint and seclusion required
613	613	by Section 37.0021;
614	614	(G) use of corporal punishment as provided by
615	615	Section 37.0011; and
616	616	(H) appointment of a surrogate parent for the
617	617	child under Section 29.0151;
618	618	(11) developing procedures for allowing a student who
619	619	is homeless or in substitute care who was previously enrolled in a
620	620	course required for graduation the opportunity, to the extent
621	621	practicable, to complete the course, at no cost to the student,
622	622	before the beginning of the next school year;
623	623	(12) ensuring that a student who is homeless or in
624	624	substitute care who is not likely to receive a high school diploma
625	625	before the fifth school year following the student's enrollment in
626	626	grade nine, as determined by the district, has the student's course
627	627	credit accrual and personal graduation plan reviewed;
628	628	(13) ensuring that a student in substitute care who is
629	629	in grade 11 or 12 be provided information regarding tuition and fee
630	630	exemptions under Section 54.366 for dual-credit or other courses
631	631	provided by a public institution of higher education for which a
632	632	high school student may earn joint high school and college credit;
633	633	(14) designating at least one agency employee to act
634	634	as a liaison officer regarding educational issues related to
635	635	students in the conservatorship of the Department of Family and
636	636	Protective Services; and
637	637	(15) providing other assistance as identified by the
638	638	agency.
639	639	SECTION 3.04. Section 33.009(d), Education Code, is amended
640	640	to read as follows:
641	641	(d) An academy developed under this section must provide
642	642	counselors and other postsecondary advisors with knowledge and
643	643	skills to provide counseling to students regarding postsecondary
644	644	success and productive career planning and must include information
645	645	relating to:
646	646	(1) each endorsement described by Section
647	647	28.025(c-1), including:
648	648	(A) the course requirements for each
649	649	endorsement; and
650	650	(B) the postsecondary educational and career
651	651	opportunities associated with each endorsement;
652	652	(2) available methods for a student to earn credit for
653	653	a course not offered at the school in which the student is enrolled,
654	654	including enrollment in a virtual [an electronic] course provided
655	655	[through the state virtual school network] under Chapter 30B [30A];
656	656	(3) general academic performance requirements for
657	657	admission to an institution of higher education, including the
658	658	requirements for automatic admission to a general academic teaching
659	659	institution under Section 51.803;
660	660	(4) regional workforce needs, including information
661	661	about the required education and the average wage or salary for
662	662	careers that meet those workforce needs; and
663	663	(5) effective strategies for engaging students and
664	664	parents in planning for postsecondary education and potential
665	665	careers, including participation in mentorships and business
666	666	partnerships.
667	667	SECTION 3.05. Section 48.104(f), Education Code, is amended
668	668	to read as follows:
669	669	(f) A student receiving a full-time virtual education
670	670	provided through a full-time virtual campus under Chapter 30B
671	671	[through the state virtual school network] may be included in
672	672	determining the number of students who are educationally
673	673	disadvantaged and reside in an economically disadvantaged census
674	674	block group under Subsection (b) or (e), as applicable, if the
675	675	school district submits to the commissioner a plan detailing the
676	676	enhanced services that will be provided to the student and the
677	677	commissioner approves the plan.
678	678	SECTION 3.06. Section 48.111(b), Education Code, is amended
679	679	to read as follows:
680	680	(b) For purposes of Subsection (a), in determining the
681	681	number of students enrolled in a school district, the commissioner
682	682	shall exclude students enrolled in the district who receive
683	683	full-time instruction provided through a full-time virtual campus
684	684	under Chapter 30B [through the state virtual school network under
685	685	Chapter 30A].
686	686	ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
687	687	SECTION 4.01. The following provisions of the Education
688	688	Code are repealed:
689	689	(1) Section 21.051(g);
690	690	(2) Section 25.092(a-4);
691	691	(3) Section 26.0031(f);
692	692	(4) Sections 29.9091(q), (r), and (s);
693	693	(5) Chapter 30A;
694	694	(6) Section 39.0549;
695	695	(7) Sections 39.301(c-1) and (c-2);
696	696	(8) Sections 48.005(h-1), (m-1), and (m-2);
697	697	(9) Sections 48.053(b-1) and (b-2); and
698	698	(10) Section 48.0071.
699	699	SECTION 4.02. (a) Notwithstanding the repeal by this Act of
700	700	Chapter 30A, Education Code, a school district or open-enrollment
701	701	charter school providing an electronic course or a full-time
702	702	program through the state virtual school network in accordance with
703	703	Chapter 30A, Education Code, as that law existed immediately before
704	704	the effective date of this Act, may, except as provided by
705	705	Subsection (b) of this section, continue to provide that course or
706	706	full-time program as if that chapter were still in effect.
707	707	(b) The funding provided to a school district or
708	708	open-enrollment charter school for a student enrolled in an
709	709	electronic course or full-time program offered through the state
710	710	virtual school network in accordance with Chapter 30A, Education
711	711	Code, as that law existed immediately before the effective date of
712	712	this Act, shall be determined, as applicable, under Section 30B.058
713	713	or 30B.108, Education Code, as added by this Act.
714	714	(c) The commissioner of education may modify the
715	715	requirements of Chapter 30B, Education Code, as added by this Act,
716	716	as necessary to provide for the transition of an electronic course
717	717	or program offered through the state virtual school network under
718	718	Chapter 30A, Education Code, as that law existed immediately before
719	719	the effective date of this Act, to a course or program operated
720	720	under the authority of Chapter 30B, Education Code, as added by this
721	721	Act.
722	722	SECTION 4.03. (a) Notwithstanding the repeal by this Act of
723	723	Section 48.0071, Education Code, a school district or
724	724	open-enrollment charter school providing an off-campus electronic
725	725	course, off-campus electronic program, or instructional program
726	726	that combines in-person instruction and off-campus electronic
727	727	instruction in accordance with Section 48.0071, Education Code, as
728	728	that law existed immediately before the effective date of this Act,
729	729	may, except as provided by Subsections (b) and (c) of this section,
730	730	continue to provide the off-campus electronic course, off-campus
731	731	electronic program, or instructional program that combines
732	732	in-person instruction and off-campus electronic instruction as if
733	733	that section were still in effect until the end of the 2024-2025
734	734	school year.
735	735	(b) An off-campus electronic course, off-campus electronic
736	736	program, or instructional program that combines in-person
737	737	instruction and off-campus electronic instruction provided by a
738	738	school district in accordance with Section 48.0071, Education Code,
739	739	as that section existed immediately before the effective date of
740	740	this Act, must operate in compliance with Section 30B.105,
741	741	Education Code, as added by this Act, and may not operate in
742	742	compliance with Section 48.005(m-1), Education Code, as that
743	743	section existed immediately before the effective date of this Act.
744	744	(c) The funding provided to a school district or
745	745	open-enrollment charter school for a student enrolled in an
746	746	off-campus electronic course, off-campus electronic program, or
747	747	instructional program that combines in-person instruction and
748	748	off-campus electronic instruction provided in accordance with
749	749	Section 48.0071, Education Code, as that law existed immediately
750	750	before the effective date of this Act, shall be determined under
751	751	Section 30B.108, Education Code, as added by this Act.
752	752	SECTION 4.04. The commissioner of education shall adopt
753	753	rules providing an expedited authorization process for a school
754	754	district or open-enrollment charter school that applies to operate
755	755	a full-time virtual campus or a full-time hybrid campus under
756	756	Chapter 30B, Education Code, as added by this Act, if the district
757	757	or school, as of the effective date of this Act:
758	758	(1) operates an electronic course or full-time program
759	759	through the state virtual school network in accordance with Chapter
760	760	30A, Education Code, as that law existed immediately before the
761	761	effective date of this Act;
762	762	(2) operates a local remote learning program under
763	763	Section 29.9091, Education Code, as amended by this Act; or
764	764	(3) provides electronic instruction in accordance
765	765	with Section 48.0071, Education Code, as that law existed
766	766	immediately before the effective date of this Act.
767	767	SECTION 4.05. (a) Notwithstanding any other section of
768	768	this Act, in a state fiscal year, the Texas Education Agency is not
769	769	required to implement a provision found in another section of this
770	770	Act that is drafted as a mandatory provision imposing a duty on the
771	771	agency to take an action unless money is specifically appropriated
772	772	to the agency for that fiscal year to carry out that duty. The Texas
773	773	Education Agency may implement the provision in that fiscal year to
774	774	the extent other funding is available to the agency to do so.
775	775	(b) If, as authorized by Subsection (a) of this section, the
776	776	Texas Education Agency does not implement the mandatory provision
777	777	in a state fiscal year, the agency, in its legislative budget
778	778	request for the next state fiscal biennium, shall certify that fact
779	779	to the Legislative Budget Board and include a written estimate of
780	780	the costs of implementing the provision in each year of that next
781	781	state fiscal biennium.
782	782	(c) This section and the suspension of the Texas Education
783	783	Agency's duty to implement a mandatory provision of this Act, as
784	784	provided by Subsection (a) of this section, expires and the duty to
785	785	implement the mandatory provision resumes on September 1, 2027.
786	786	SECTION 4.06. This Act takes effect immediately if it
787	787	receives a vote of two-thirds of all the members elected to each
788	788	house, as provided by Section 39, Article III, Texas Constitution.
789	789	If this Act does not receive the vote necessary for immediate
790	790	effect, this Act takes effect September 1, 2023.