| 1 | 1 | | 88S10058 TSS-F |
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| 2 | 2 | | By: Bell of Kaufman H.B. No. 31 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to virtual and off-campus electronic instruction at a |
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| 8 | 8 | | public school and the allotment for certain special-purpose school |
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| 9 | 9 | | districts under the Foundation School Program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 25.092(a-4), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a-4) A school district or open-enrollment charter school |
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| 14 | 14 | | may adopt a policy to exempt students from the requirements of this |
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| 15 | 15 | | section for one or more courses identified in the policy that are |
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| 16 | 16 | | offered under a local remote learning program under Section |
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| 17 | 17 | | 29.9091. [This subsection expires September 1, 2023.] |
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| 18 | 18 | | SECTION 2. Section 29.9091(r), Education Code, is amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | (r) In calculating under Subsection (q) the number of |
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| 21 | 21 | | students that may be enrolled in a local remote learning program, a |
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| 22 | 22 | | school district or open-enrollment charter school shall count |
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| 23 | 23 | | students who spend at least half of the student's instructional |
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| 24 | 24 | | time during the [2021-2022] school year [or 2022-2023 school year, |
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| 25 | 25 | | as applicable,] enrolled in virtual courses or receiving remote |
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| 26 | 26 | | instruction, other than by enrollment in electronic courses offered |
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| 27 | 27 | | through the state virtual school network under Chapter 30A, |
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| 28 | 28 | | including students enrolled in virtual courses or who received |
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| 29 | 29 | | remote instruction during the [2021-2022] school year [or 2022-2023 |
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| 30 | 30 | | school year, as applicable,] because the student was: |
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| 31 | 31 | | (1) medically fragile; |
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| 32 | 32 | | (2) placed in a virtual setting by an admission, |
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| 33 | 33 | | review, and dismissal committee; or |
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| 34 | 34 | | (3) receiving accommodations under Section 504, |
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| 35 | 35 | | Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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| 36 | 36 | | SECTION 3. Section 48.005(h-1), Education Code, is amended |
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| 37 | 37 | | to read as follows: |
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| 38 | 38 | | (h-1) Subject to rules adopted by the commissioner under |
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| 39 | 39 | | Section 48.007(b), time that a student participates in a course or |
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| 40 | 40 | | program provided under Section 48.0071(b) shall be counted as part |
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| 41 | 41 | | of the minimum number of instructional hours required for a student |
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| 42 | 42 | | to be considered a full-time student in average daily attendance |
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| 43 | 43 | | for purposes of this section. [This subsection expires September |
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| 44 | 44 | | 1, 2023.] |
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| 45 | 45 | | SECTION 4. The following provisions of the Education Code |
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| 46 | 46 | | are repealed: |
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| 47 | 47 | | (1) Section 29.9091(s); |
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| 48 | 48 | | (2) Section 39.0549(d); |
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| 49 | 49 | | (3) Section 39.301(c-2); |
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| 50 | 50 | | (4) Section 48.005(m-2); |
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| 51 | 51 | | (5) Section 48.0071(d); and |
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| 52 | 52 | | (6) Section 48.053(b-2). |
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| 53 | 53 | | SECTION 5. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect August 31, 2023. |
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