Texas 2025 - 89th Regular

Texas Senate Bill SB569 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 569
2		-	(Bell of Kaufman, Ashby, Buckley, Shaheen, Morales of Maverick,Maverick,Maverick,
3		-	et al.)
4	2
5	3
6	4
7	5
8	6		A BILL TO BE ENTITLED
9	7		AN ACT
10	8		relating to the provision of virtual education in public schools
11	9		and to certain waivers and modifications by the commissioner of
12	10		education to the method of calculating average daily attendance in
13	11		an emergency or crisis for purposes of preserving school district
14	12		funding entitlements under the Foundation School Program during
15	13		that emergency or crisis; authorizing a fee.
16	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	15		SECTION 1. Section 1.001(b), Education Code, is amended to
18	16		read as follows:
19	17		(b) Except as provided by Chapter 18, Chapter 19, Subchapter
20	18		A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
21	19		this code does not apply to students, facilities, or programs under
22	20		the jurisdiction of the Department of Aging and Disability
23	21		Services, the Department of State Health Services, the Health and
24	22		Human Services Commission, the Texas Juvenile Justice Department,
25	23		the Texas Department of Criminal Justice, a Job Corps program
26	24		operated by or under contract with the United States Department of
27	25		Labor, or any juvenile probation agency.
28	26		SECTION 2. Section 7.0561(f), Education Code, is amended to
29	27		read as follows:
30	28		(f) In consultation with interested school districts,
31	29		open-enrollment charter schools, and other appropriate interested
32	30		persons, the commissioner shall adopt rules applicable to the
33	31		consortium, according to the following principles for a next
34	32		generation of higher performing public schools:
35	33		(1) engagement of students in digital learning,
36	34		including engagement through the use of electronic textbooks and
37	35		instructional materials adopted under Subchapters B and B-1,
38	36		Chapter 31, and virtual or hybrid courses offered by school
39	37		districts and open-enrollment charter schools under Chapter 30B
40	38		[through the state virtual school network under Subchapter 30A];
41	39		(2) emphasis on learning standards that focus on
42	40		high-priority standards identified in coordination with districts
43	41		and charter schools participating in the consortium;
44	42		(3) use of multiple assessments of learning capable of
45	43		being used to inform students, parents, districts, and charter
46	44		schools on an ongoing basis concerning the extent to which learning
47	45		is occurring and the actions consortium participants are taking to
48	46		improve learning; and
49	47		(4) reliance on local control that enables communities
50	48		and parents to be involved in the important decisions regarding the
51	49		education of their children.
52	50		SECTION 3. Section 25.007(b), Education Code, is amended to
53	51		read as follows:
54	52		(b) In recognition of the challenges faced by students who
55	53		are homeless or in substitute care, the agency shall assist the
56	54		transition of students who are homeless or in substitute care from
57	55		one school to another by:
58	56		(1) ensuring that school records for a student who is
59	57		homeless or in substitute care are transferred to the student's new
60	58		school not later than the 10th working day after the date the
61	59		student begins enrollment at the school;
62	60		(2) developing systems to ease transition of a student
63	61		who is homeless or in substitute care during the first two weeks of
64	62		enrollment at a new school;
65	63		(3) developing procedures for awarding credit,
66	64		including partial credit if appropriate, for course work, including
67	65		electives, completed by a student who is homeless or in substitute
68	66		care while enrolled at another school;
69	67		(4) developing procedures to ensure that a new school
70	68		relies on decisions made by the previous school regarding placement
71	69		in courses or educational programs of a student who is homeless or
72	70		in substitute care and places the student in comparable courses or
73	71		educational programs at the new school, if those courses or
74	72		programs are available;
75	73		(5) promoting practices that facilitate access by a
76	74		student who is homeless or in substitute care to extracurricular
77	75		programs, summer programs, credit transfer services, virtual or
78	76		hybrid [electronic] courses provided under Chapter 30B [30A], and
79	77		after-school tutoring programs at nominal or no cost;
80	78		(6) establishing procedures to lessen the adverse
81	79		impact of the movement of a student who is homeless or in substitute
82	80		care to a new school;
83	81		(7) entering into a memorandum of understanding with
84	82		the Department of Family and Protective Services regarding the
85	83		exchange of information as appropriate to facilitate the transition
86	84		of students in substitute care from one school to another;
87	85		(8) encouraging school districts and open-enrollment
88	86		charter schools to provide services for a student who is homeless or
89	87		in substitute care in transition when applying for admission to
90	88		postsecondary study and when seeking sources of funding for
91	89		postsecondary study;
92	90		(9) requiring school districts, campuses, and
93	91		open-enrollment charter schools to accept a referral for special
94	92		education services made for a student who is homeless or in
95	93		substitute care by a school previously attended by the student, and
96	94		to provide comparable services to the student during the referral
97	95		process or until the new school develops an individualized
98	96		education program for the student;
99	97		(10) requiring school districts, campuses, and
100	98		open-enrollment charter schools to provide notice to the child's
101	99		educational decision-maker and caseworker regarding events that
102	100		may significantly impact the education of a child, including:
103	101		(A) requests or referrals for an evaluation under
104	102		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
105	103		special education under Section 29.003;
106	104		(B) admission, review, and dismissal committee
107	105		meetings;
108	106		(C) manifestation determination reviews required
109	107		by Section 37.004(b);
110	108		(D) any disciplinary actions under Chapter 37 for
111	109		which parental notice is required;
112	110		(E) citations issued for Class C misdemeanor
113	111		offenses on school property or at school-sponsored activities;
114	112		(F) reports of restraint and seclusion required
115	113		by Section 37.0021;
116	114		(G) use of corporal punishment as provided by
117	115		Section 37.0011; and
118	116		(H) appointment of a surrogate parent for the
119	117		child under Section 29.0151;
120	118		(11) developing procedures for allowing a student who
121	119		is homeless or in substitute care who was previously enrolled in a
122	120		course required for graduation the opportunity, to the extent
123	121		practicable, to complete the course, at no cost to the student,
124	122		before the beginning of the next school year;
125	123		(12) ensuring that a student who is homeless or in
126	124		substitute care who is not likely to receive a high school diploma
127	125		before the fifth school year following the student's enrollment in
128	126		grade nine, as determined by the district, has the student's course
129	127		credit accrual and personal graduation plan reviewed;
130	128		(13) ensuring that a student in substitute care who is
131	129		in grade 11 or 12 be provided information regarding tuition and fee
132	130		exemptions under Section 54.366 for dual-credit or other courses
133	131		provided by a public institution of higher education for which a
134	132		high school student may earn joint high school and college credit;
135	133		(14) designating at least one agency employee to act
136	134		as a liaison officer regarding educational issues related to
137	135		students in the conservatorship of the Department of Family and
138	136		Protective Services; and
139	137		(15) providing other assistance as identified by the
140	138		agency.
141	139		SECTION 4. The heading to Section 26.0031, Education Code,
142	140		is amended to read as follows:
143	141		Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL AND HYBRID
144	142		COURSES [SCHOOL NETWORK].
145	143		SECTION 5. Section 26.0031, Education Code, is amended by
146	144		amending Subsections (a), (b), (c), (c-1), (d), and (e) and adding
147	145		Subsection (b-1) to read as follows:
148	146		(a) At the time and in the manner that a school district or
149	147		open-enrollment charter school informs students and parents about
150	148		courses that are offered in the district's or school's traditional
151	149		classroom setting, the district or school shall notify parents and
152	150		students of the option to enroll in a virtual or hybrid [an
153	151		electronic] course offered by the district or school in which the
154	152		student is enrolled or by another district or school [through the
155	153		state virtual school network] under Chapter 30B [30A].
156	154		(b) Except as provided by Subsection (c), a school district
157	155		or open-enrollment charter school in which a student is enrolled as
158	156		a full-time student may not deny the request of a parent of a
159	157		student to enroll the student in a virtual or hybrid [an electronic]
160	158		course offered by the district or school in which the student is
161	159		enrolled or by another district or school [through the state
162	160		virtual school network] under Chapter 30B [30A].
163	161		(b-1) A school district or open-enrollment charter school
164	162		may not actively discourage a student, including by threat or
165	163		intimidation, from enrolling in a virtual or hybrid course.
166	164		(c) A school district or open-enrollment charter school may
167	165		deny a request to enroll a student in a virtual or hybrid [an
168	166		electronic] course if:
169	167		(1) a student attempts to enroll in a course load that
170	168		is inconsistent with the student's high school graduation plan or
171	169		requirements for college admission or earning an industry
172	170		certification;
173	171		(2) the student requests permission to enroll in a
174	172		virtual or hybrid [an electronic] course at a time that is not
175	173		consistent with the enrollment period established by the school
176	174		district or open-enrollment charter school providing the course; or
177	175		(3) the district or school determines that the cost of
178	176		the course is too high [offers a substantially similar course].
179	177		(c-1) A school district or open-enrollment charter school
180	178		may decline to pay the cost for a student of more than three
181	179		yearlong virtual [electronic] courses, or the equivalent, during
182	180		any school year. This subsection does not:
183	181		(1) limit the ability of the student to enroll in
184	182		additional virtual [electronic] courses at the student's cost; or
185	183		(2) apply to a student enrolled in a full-time virtual
186	184		[online] program [that was operating on January 1, 2013].
187	185		(d) Notwithstanding Subsection (c)(2), a school district or
188	186		open-enrollment charter school that provides a virtual or hybrid
189	187		[an electronic] course [through the state virtual school network]
190	188		under Chapter 30B [30A] shall make all reasonable efforts to
191	189		accommodate the enrollment of a student in the course under special
192	190		circumstances.
193	191		(e) A school district or open-enrollment charter school
194	192		that denies a request to enroll a student in a virtual or hybrid
195	193		course under Subsection (c) must provide a written explanation of
196	194		the denial to the student and the student's parent. The written
197	195		explanation must provide notice of the student's ability to appeal
198	196		the decision and an explanation of the appeal process, including
199	197		the process of pursuing a final appeal heard by the board of
200	198		trustees of the district or the governing board of the school. A
201	199		determination made by the board of trustees of the school district
202	200		or the governing board of the open-enrollment charter school [A
203	201		parent may appeal to the commissioner a school district's or
204	202		open-enrollment charter school's decision to deny a request to
205	203		enroll a student in an electronic course offered through the state
206	204		virtual school network. The commissioner's decision] under this
207	205		subsection is final and may not be appealed.
208	206		SECTION 6. Section 29.081, Education Code, is amended by
209	207		amending Subsections (e-2) and (f) and adding Subsections (f-1) and
210	208		(i) to read as follows:
211	209		(e-2) A remote or hybrid dropout recovery education program
212	210		must:
213	211		(1) include as a part of its curriculum credentials,
214	212		certifications, or other course offerings that relate directly to
215	213		employment opportunities in the state;
216	214		(2) employ as faculty and administrators persons with
217	215		baccalaureate or advanced degrees;
218	216		(3) provide an academic coach and local advocate for
219	217		each student;
220	218		(4) use an individual learning plan to monitor each
221	219		student's progress;
222	220		(5) establish satisfactory requirements for the
223	221		monthly progress of students according to standards set by the
224	222		commissioner;
225	223		(6) provide a monthly report to the student's school
226	224		district or open-enrollment charter school regarding the student's
227	225		progress;
228	226		(7) perform satisfactorily according to performance
229	227		indicators and accountability standards adopted for alternative
230	228		education programs by the commissioner;
231	229		(8) operate an in-person student engagement center at
232	230		a location suitable for high school students; [and]
233	231		(9) be a full-time hybrid program or a full-time
234	232		virtual program, as those terms are defined by Section 30B.001, or a
235	233		full-time hybrid or virtual campus authorized under Chapter 30B;
236	234		and
237	235		(10) comply with this title and rules adopted under
238	236		this title except as otherwise provided by this subsection.
239	237		(f) Except as provided by Subsection (f-1), the [The]
240	238		commissioner shall include a student who has enrolled in
241	239		[successfully completes] a course offered through a program under
242	240		Subsection (e) in the computation of the district's or school's
243	241		average daily attendance for funding purposes. [For a student who
244	242		successfully completes a remote course offered through the program,
245	243		the commissioner shall include the student in the computation of
246	244		the district's or school's average daily attendance with an
247	245		attendance rate equal to:
248	246		[(1) the district's or school's average attendance
249	247		rate for students successfully completing a course offered in
250	248		person under the program; or
251	249		[(2) if the district or school does not offer courses
252	250		in person under the program, the statewide average attendance rate
253	251		for students successfully completing a course offered in person
254	252		under a program under Subsection (e).]
255	253		(f-1) The commissioner shall include a student enrolled in a
256	254		remote or hybrid dropout recovery education program under
257	255		Subsection (e-2) in the computation of the district's or school's
258	256		average daily attendance for funding purposes in the same manner as
259	257		students enrolled in a full-time hybrid or virtual program or
260	258		full-time hybrid or virtual campus, as applicable, under Chapter
261	259		30B.
262	260		(i) The commissioner may adopt rules as necessary to
263	261		implement this section.
264	262		SECTION 7. Subtitle F, Title 2, Education Code, is amended
265	263		by adding Chapter 30B to read as follows:
266	264		CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES
267	265		SUBCHAPTER A. GENERAL PROVISIONS
268	266		Sec. 30B.001. DEFINITIONS. In this chapter:
269	267		(1) "Full-time hybrid campus" means a school district
270	268		or open-enrollment charter school campus at which at least 50
271	269		percent of the enrolled students are enrolled in a full-time hybrid
272	270		program authorized under Subchapter C.
273	271		(2) "Full-time hybrid program" means a full-time
274	272		educational program offered by a school district or open-enrollment
275	273		charter school campus in which:
276	274		(A) a student is in attendance in person for less
277	275		than 90 percent of the minutes of instruction provided in a school
278	276		year; and
279	277		(B) the instruction and content may be delivered
280	278		synchronously or asynchronously over the Internet, in person, or
281	279		through other means.
282	280		(3) "Full-time virtual campus" means a school district
283	281		or open-enrollment charter school campus at which at least 50
284	282		percent of the enrolled students are enrolled in a full-time
285	283		virtual program authorized under Subchapter C.
286	284		(4) "Full-time virtual program" means a full-time
287	285		educational program offered by a school district or open-enrollment
288	286		charter school campus in which:
289	287		(A) a student is in attendance in person
290	288		minimally or not at all; and
291	289		(B) the instruction and content are delivered
292	290		synchronously or asynchronously primarily over the Internet.
293	291		(5) "Hybrid course" means a course in which:
294	292		(A) a student is in attendance in person for less
295	293		than 90 percent of the minutes of instruction provided; and
296	294		(B) the instruction and content may be delivered
297	295		synchronously or asynchronously over the Internet, in person, or
298	296		through other means.
299	297		(6) "Parent" means a student's parent or a person
300	298		standing in parental relation to a student.
301	299		(7) "Virtual course" means a course in which
302	300		instruction and content are delivered synchronously or
303	301		asynchronously primarily over the Internet.
304	302		(8) "Whole program virtual instruction provider"
305	303		means a private or third-party service that provides oversight and
306	304		management of the virtual instruction services or otherwise
307	305		provides a preponderance of those services for a full-time virtual
308	306		or full-time hybrid campus or program.
309	307		Sec. 30B.002. RULES. (a) The commissioner shall adopt
310	308		rules as necessary to administer this chapter.
311	309		(b) To the extent practicable, the commissioner shall
312	310		consult school districts, open-enrollment charter schools, and
313	311		parents in adopting rules under this section.
314	312		(c) The agency may form an advisory committee to comply with
315	313		the provisions of this section. Chapter 2110, Government Code,
316	314		does not apply to an advisory committee formed under this section.
317	315		Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
318	316		of this chapter, the commissioner may seek and accept a grant from a
319	317		public or private person.
320	318		(b) For purposes of this chapter, the commissioner may
321	319		accept federal funds and shall use those funds in compliance with
322	320		applicable federal law, regulations, and guidelines.
323	321		Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
324	322		SERVICE. This chapter does not:
325	323		(1) require a school district, an open-enrollment
326	324		charter school, a virtual course provider, or the state to provide a
327	325		student with home computer equipment or Internet access for a
328	326		virtual course provided by a school district or open-enrollment
329	327		charter school; or
330	328		(2) prohibit a school district or open-enrollment
331	329		charter school from providing a student with home computer
332	330		equipment or Internet access for a virtual course provided by the
333	331		district or school.
334	332		Sec. 30B.005. EXTRACURRICULAR ACTIVITY. A student enrolled
335	333		in a virtual or hybrid course, program, or campus offered under this
336	334		chapter may participate in an extracurricular activity sponsored or
337	335		sanctioned by the school district or open-enrollment charter school
338	336		in which the student is enrolled or by the University
339	337		Interscholastic League in the same manner as other district or
340	338		school students.
341	339		Sec. 30B.006. HYBRID AND VIRTUAL INSTRUCTION PERMITTED.
342	340		(a) A school district or open-enrollment charter school may
343	341		deliver instruction through hybrid courses, virtual courses,
344	342		full-time hybrid programs, and full-time virtual programs in the
345	343		manner provided by this chapter.
346	344		(b) The following entities may deliver instruction through
347	345		hybrid or virtual courses under this chapter in the same manner
348	346		provided for a school district or open-enrollment charter school:
349	347		(1) a consortium of school districts or
350	348		open-enrollment charter schools;
351	349		(2) an institution of higher education, as that term
352	350		is defined by Section 61.003; or
353	351		(3) a regional education service center.
354	352		(c) A school district or open-enrollment charter school
355	353		that delivers instruction through a hybrid or virtual course shall
356	354		develop written information describing each hybrid or virtual
357	355		course available for enrollment and complying with any other
358	356		requirement of Section 26.0031.
359	357		(d) A school district or open-enrollment charter school
360	358		shall make information under this section available to students and
361	359		parents at the time students ordinarily select courses and may
362	360		provide that information to students and parents at other times as
363	361		determined by the district or school.
364	362		Sec. 30B.007. FOUNDATION SCHOOL PROGRAM FUNDING. The
365	363		commissioner by rule shall adopt procedures for reporting and
366	364		verifying the attendance of a student enrolled in a hybrid course,
367	365		virtual course, full-time hybrid program, or full-time virtual
368	366		program provided by a school district or open-enrollment charter
369	367		school under this chapter. The procedures must:
370	368		(1) provide a district or school with flexibility to
371	369		provide instruction over the Internet, through synchronous or
372	370		asynchronous delivery; and
373	371		(2) allow for the district or school to, without
374	372		requiring in-person attendance or synchronous instruction at a
375	373		specific time or location, receive the same amount of funding per
376	374		student for a course or program described by this section that the
377	375		district or school would receive per student for that course or
378	376		program if the course or program was provided fully in person.
379	377		SUBCHAPTER B. HYBRID AND VIRTUAL COURSES
380	378		Sec. 30B.051. HYBRID OR VIRTUAL COURSE QUALITY
381	379		REQUIREMENTS. (a) A school district or open-enrollment charter
382	380		school that offers a hybrid or virtual course under this chapter
383	381		must certify to the commissioner that the course:
384	382		(1) includes the appropriate essential knowledge and
385	383		skills adopted under Subchapter A, Chapter 28;
386	384		(2) provides instruction at the appropriate level of
387	385		rigor for the grade level at which the course is offered and will
388	386		prepare a student enrolled in the course for the student's next
389	387		grade level or a subsequent course in a similar subject matter; and
390	388		(3) except as provided by Subsection (b), meets
391	389		standards for hybrid or virtual courses adopted by the
392	390		commissioner.
393	391		(b) If the commissioner has not adopted applicable
394	392		standards for hybrid or virtual courses, a school district or
395	393		open-enrollment charter school that offers a hybrid or virtual
396	394		course must instead certify to the commissioner that the course
397	395		meets the National Standards for Quality Online Courses published
398	396		by the Virtual Learning Leadership Alliance, Quality Matters, and
399	397		DLAC, or a successor publication.
400	398		Sec. 30B.052. RIGHTS OF STUDENTS REGARDING HYBRID AND
401	399		VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a
402	400		school district or open-enrollment charter school may not require a
403	401		student to enroll in a hybrid or virtual course.
404	402		(b) A hybrid or virtual course offered under this chapter to
405	403		a student receiving special education services or other
406	404		accommodations must meet the needs of the participating student in
407	405		a manner consistent with Subchapter A, Chapter 29, and with federal
408	406		law, including the Individuals with Disabilities Education Act (20
409	407		U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of
410	408		1973 (29 U.S.C. Section 794), as applicable.
411	409		Sec. 30B.053. RIGHTS OF TEACHERS REGARDING HYBRID AND
412	410		VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), a
413	411		school district or open-enrollment charter school may not require a
414	412		classroom teacher to provide both virtual instruction and in-person
415	413		instruction for a course offered under this chapter during the same
416	414		class period. The commissioner may waive the requirements of this
417	415		subsection for courses included in the enrichment curriculum under
418	416		Section 28.002.
419	417		(a-1) Subsection (a) does not apply to a requirement that a
420	418		classroom teacher simulcast the teacher's in-person instruction
421	419		provided that the teacher is not required to interact with students
422	420		observing the instruction virtually.
423	421		(b) A classroom teacher may not provide instruction for a
424	422		hybrid or virtual course offered under this chapter unless:
425	423		(1) the teacher has received appropriate professional
426	424		development in hybrid or virtual instruction, as determined by the
427	425		school district or open-enrollment charter school at which the
428	426		teacher is employed; or
429	427		(2) the district or school has determined that the
430	428		teacher has sufficient previous experience to not require the
431	429		professional development described by Subdivision (1).
432	430		(c) A school district or open-enrollment charter school may
433	431		not directly or indirectly coerce any classroom teacher hired to
434	432		provide in-person instruction to agree to an assignment to teach a
435	433		hybrid or virtual course.
436	434		Sec. 30B.054. ASSESSMENTS. Except as authorized by
437	435		commissioner rule, an assessment instrument administered under
438	436		Section 39.023 or 39.025 to a student enrolled in a hybrid or
439	437		virtual course offered under this chapter shall be administered to
440	438		the student in the same manner in which the assessment instrument is
441	439		administered to a student enrolled in an in-person course at the
442	440		student's school district or open-enrollment charter school.
443	441		Sec. 30B.055. TUITION AND FEES. A school district or
444	442		open-enrollment charter school may charge tuition and fees for a
445	443		hybrid or virtual course provided to a student who:
446	444		(1) is not eligible to enroll in a public school in
447	445		this state; or
448	446		(2) is not enrolled in the school district or
449	447		open-enrollment charter school.
450	448		Sec. 30B.056. ATTENDANCE FOR CLASS CREDIT OR GRADE.
451	449		Notwithstanding Section 25.092, a school district or
452	450		open-enrollment charter school shall establish the participation
453	451		necessary to earn credit or a grade for a hybrid or virtual course
454	452		offered by the district or school.
455	453		Sec. 30B.057. AGENCY PUBLICATION OF AVAILABLE VIRTUAL
456	454		COURSES. (a) The agency shall publish a list of virtual courses
457	455		offered by school districts and open-enrollment charter schools in
458	456		this state that includes:
459	457		(1) whether the course is available to a student who is
460	458		not otherwise enrolled in the offering district or school;
461	459		(2) the cost of the course; and
462	460		(3) information regarding any third-party provider
463	461		involved in the delivery of the course.
464	462		(b) A school district or open-enrollment charter school
465	463		shall provide to the agency information required to publish the
466	464		list under Subsection (a).
467	465		SUBCHAPTER C. FULL-TIME HYBRID AND FULL-TIME VIRTUAL CAMPUSES
468	466		Sec. 30B.101. FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS
469	467		AUTHORIZATION. (a) A school district or open-enrollment charter
470	468		school may operate a full-time hybrid campus or a full-time virtual
471	469		campus if authorized by the commissioner in accordance with this
472	470		section.
473	471		(b) The commissioner shall adopt rules establishing the
474	472		requirements for and process by which a school district or
475	473		open-enrollment charter school may apply for authorization to
476	474		operate a full-time hybrid campus or a full-time virtual campus.
477	475		The rules adopted by the commissioner may require certain written
478	476		application materials and interviews and shall require a school
479	477		district or open-enrollment charter school to:
480	478		(1) engage in a year of planning before offering a
481	479		course under this chapter to verify the course is designed in
482	480		accordance with high-quality criteria;
483	481		(2) develop an academic plan that incorporates:
484	482		(A) curriculum and instructional practices
485	483		aligned with the appropriate essential knowledge and skills
486	484		provided under Subchapter A, Chapter 28;
487	485		(B) monitoring of the progress of student
488	486		performance and interventions;
489	487		(C) a method for meeting the needs of and
490	488		complying with federal and state requirements for special
491	489		populations and at-risk students; and
492	490		(D) compliance with the requirements of this
493	491		chapter;
494	492		(3) develop an operations plan that addresses:
495	493		(A) staffing models;
496	494		(B) the designation of selected school leaders;
497	495		(C) professional development for staff;
498	496		(D) student and family engagement;
499	497		(E) school calendars and schedules;
500	498		(F) student enrollment eligibility;
501	499		(G) cybersecurity and student data privacy
502	500		measures; and
503	501		(H) any educational services to be provided by a
504	502		private or third party; and
505	503		(4) demonstrate the capacity to execute the district's
506	504		or school's plan successfully.
507	505		(c) A full-time hybrid campus or full-time virtual campus
508	506		authorized under this section must include:
509	507		(1) at least one grade level in which an assessment
510	508		instrument is required to be administered under Section 39.023(a)
511	509		or (c), including each subject or course for which an assessment
512	510		instrument is required in that grade level;
513	511		(2) sufficient grade levels, as determined by the
514	512		commissioner, to allow for the annual evaluation of the performance
515	513		of students who complete the courses offered; or
516	514		(3) for a campus that does not include grade levels
517	515		described by Subdivision (1) or (2), another performance evaluation
518	516		measure approved by the commissioner during the authorization
519	517		process.
520	518		(d) A campus approved under this subchapter may only apply
521	519		for and receive authorization to operate as a full-time hybrid
522	520		campus or a full-time virtual campus. A campus may not change its
523	521		operation designation during the authorization process or after the
524	522		campus is authorized.
525	523		(e) The commissioner may only authorize a school district or
526	524		open-enrollment charter school to operate a full-time hybrid campus
527	525		or a full-time virtual campus if the commissioner determines that
528	526		the authorization of the campus is likely to result in improved
529	527		student learning opportunities. If a district or school will use a
530	528		private or third party in operating the campus, the commissioner
531	529		shall consider the historical performance of the private or third
532	530		party, if known, in making a determination under this section.
533	531		(f) A determination made by the commissioner under this
534	532		section is final and not subject to appeal.
535	533		Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
536	534		by this section, the commissioner's authorization of a full-time
537	535		hybrid campus or full-time virtual campus under Section 30B.101
538	536		continues indefinitely.
539	537		(b) The commissioner shall revoke the authorization of a
540	538		full-time hybrid campus or full-time virtual campus if the campus
541	539		has been assigned, for the three preceding school years:
542	540		(1) a needs improvement or unacceptable performance
543	541		rating under Subchapter C, Chapter 39;
544	542		(2) a rating of performance that needs improvement or
545	543		unacceptable, as determined by the commissioner, on a performance
546	544		evaluation approved by the commissioner under Section
547	545		30B.101(c)(3); or
548	546		(3) any combination of the ratings described by
549	547		Subdivision (1) or (2).
550	548		(c) The commissioner may, based on a special investigation
551	549		conducted under Section 39.003:
552	550		(1) revoke an authorization of a full-time hybrid
553	551		campus or full-time virtual campus; or
554	552		(2) require any intervention authorized under that
555	553		section.
556	554		(d) If a private or third party is determined to be
557	555		ineligible under Section 30B.152, the commissioner shall revoke an
558	556		authorization of a full-time hybrid campus or full-time virtual
559	557		campus for which the private or third party acts as a whole program
560	558		virtual instruction provider, unless the commissioner approves a
561	559		request by the school district or open-enrollment charter school
562	560		that operates the campus to use an alternative private or third
563	561		party.
564	562		(e) An appeal by a school district or open-enrollment
565	563		charter school of a revocation of an authorization under this
566	564		chapter that results in the closure of a campus must be made under
567	565		Section 39A.301.
568	566		Sec. 30B.103. STUDENT ELIGIBILITY. (a) A student eligible
569	567		to enroll in a public school of this state is eligible to enroll at a
570	568		full-time hybrid campus.
571	569		(b) A student is eligible to enroll in a full-time virtual
572	570		campus if the student:
573	571		(1) attended a public school in this state for a
574	572		minimum of six weeks in the current school year or in the preceding
575	573		school year;
576	574		(2) is, in the school year in which the student first
577	575		seeks to enroll in the full-time virtual campus, enrolled in the
578	576		first grade or a lower grade level;
579	577		(3) was not required to attend public school in this
580	578		state due to nonresidency during the preceding school year;
581	579		(4) is a dependent of a member of the United States
582	580		military who has been deployed; or
583	581		(5) has been placed in substitute care in this state.
584	582		Sec. 30B.104. STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND
585	583		FULL-TIME VIRTUAL CAMPUSES. (a) A student enrolled in a school
586	584		district may not be compelled to enroll in a full-time hybrid or
587	585		full-time virtual campus. A school district must offer the option
588	586		for a student's parent to select in-person instruction for the
589	587		student.
590	588		(b) Notwithstanding Subsection (a) or Section 30B.052, an
591	589		open-enrollment charter school may require a student to attend a
592	590		full-time hybrid or full-time virtual campus.
593	591		Sec. 30B.105. CAMPUS DESIGNATIONS. The commissioner shall
594	592		determine and assign a unique campus designation number to each
595	593		full-time hybrid campus or full-time virtual campus authorized
596	594		under this subchapter.
597	595		Sec. 30B.106. FUNDING. (a) For purposes of calculating the
598	596		average daily attendance of students attending a full-time hybrid
599	597		campus or full-time virtual campus, the commissioner shall use the
600	598		number of full-time equivalent students enrolled in the full-time
601	599		hybrid or full-time virtual campus multiplied by the average
602	600		attendance rate of the school district or open-enrollment charter
603	601		school that offers the full-time hybrid or full-time virtual campus
604	602		not including any student enrolled full-time in a full-time hybrid
605	603		or full-time virtual campus. In the event that a reliable
606	604		attendance rate cannot be determined under this section, the
607	605		commissioner shall use the statewide average attendance rate.
608	606		(b) The commissioner shall provide proportionate funding to
609	607		the applicable school district or open-enrollment charter school
610	608		for a student that alternates attendance between a traditional,
611	609		in-person campus setting and the full-time hybrid or full-time
612	610		virtual campus of any single district or school in the same school
613	611		year.
614	612		SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS
615	613		Sec. 30B.151. NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)
616	614		A school district or open-enrollment charter school shall provide
617	615		notice to the commissioner of the use of or change in affiliation of
618	616		a private or third party acting as a whole program virtual
619	617		instruction provider for a full-time hybrid or full-time virtual
620	618		campus or program.
621	619		(b) Except as provided by Section 30B.152, a school district
622	620		or open-enrollment charter school may not use a private or third
623	621		party to act as a whole program virtual instruction provider if the
624	622		party has been determined to be ineligible under that section.
625	623		Sec. 30B.152. PRIVATE OR THIRD-PARTY ACCOUNTABILITY. (a)
626	624		The commissioner shall, to the extent feasible, evaluate the
627	625		performance of a private or third party acting as a whole program
628	626		virtual instruction provider for a school district or
629	627		open-enrollment charter school.
630	628		(b) The commissioner shall establish a standard to
631	629		determine if a private or third party is ineligible to act as a
632	630		whole program virtual instruction provider. A private or third
633	631		party determined to be ineligible under this section remains
634	632		ineligible until after the fifth anniversary of that determination.
635	633		(c) A school district or open-enrollment charter school may
636	634		use a private or third party determined to be ineligible under
637	635		Subsection (b) as a whole program virtual instruction provider if:
638	636		(1) the district or school requests approval from the
639	637		commissioner; and
640	638		(2) the commissioner determines that the reasons the
641	639		private or third party was declared ineligible under Subsection (b)
642	640		will not affect the operation of the party as a whole program
643	641		virtual instruction provider at the district or school.
644	642		SUBCHAPTER E. STATE SUPPORT
645	643		Sec. 30B.201. EDUCATOR PROFESSIONAL DEVELOPMENT. From
646	644		funds appropriated or otherwise available, the agency shall develop
647	645		professional development courses and materials aligned with
648	646		research-based practices for educators in providing high-quality
649	647		virtual education.
650	648		Sec. 30B.202. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
651	649		From funds appropriated or otherwise available, the agency shall
652	650		provide grants and technical assistance to school districts and
653	651		open-enrollment charter schools to aid in the establishment of
654	652		high-quality full-time hybrid or full-time virtual campuses.
655	653		SECTION 8. Section 33.009(d), Education Code, is amended to
656	654		read as follows:
657	655		(d) An academy developed under this section must provide
658	656		counselors and other postsecondary advisors with knowledge and
659	657		skills to provide counseling to students regarding postsecondary
660	658		success and productive career planning and must include information
661	659		relating to:
662	660		(1) each endorsement described by Section
663	661		28.025(c-1), including:
664	662		(A) the course requirements for each
665	663		endorsement; and
666	664		(B) the postsecondary educational and career
667	665		opportunities associated with each endorsement;
668	666		(2) available methods for a student to earn credit for
669	667		a course not offered at the school in which the student is enrolled,
670	668		including enrollment in a virtual [an electronic] course provided
671	669		[through the state virtual school network] under Chapter 30B [30A];
672	670		(3) general academic performance requirements for
673	671		admission to an institution of higher education, including the
674	672		requirements for automatic admission to a general academic teaching
675	673		institution under Section 51.803;
676	674		(4) regional workforce needs, including information
677	675		about the required education and the average wage or salary for
678	676		careers that meet those workforce needs; and
679	677		(5) effective strategies for engaging students and
680	678		parents in planning for postsecondary education and potential
681	679		careers, including participation in mentorships and business
682	680		partnerships.
683	681		SECTION 9. Subchapter A, Chapter 37, Education Code, is
684	682		amended by adding Section 37.0071 to read as follows:
685	683		Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
686	684		EXPULSION. (a) Except as provided by Subsection (b), before a
687	685		school district or open-enrollment charter school may expel a
688	686		student, the district or school shall consider the appropriateness
689	687		and feasibility of, as an alternative to expulsion, enrolling the
690	688		student in a full-time hybrid program, full-time virtual program,
691	689		full-time hybrid campus, or full-time virtual campus, as those
692	690		terms are defined in Section 30B.001.
693	691		(b) Subsection (a) does not apply to a student expelled
694	692		under Section 37.0081 or 37.007(a), (d), or (e).
695	693		SECTION 10. Section 48.005, Education Code, is amended by
696	694		adding Subsection (e-1) to read as follows:
697	695		(e-1) In a school year in which the occurrence of an
698	696		emergency or crisis, as defined by commissioner rule, causes a
699	697		statewide decrease in average daily attendance of school districts
700	698		entitled to funding under this chapter or, for an emergency or
701	699		crisis occurring only within a specific region of this state,
702	700		causes a regional decrease in the average daily attendance of
703	701		school districts located in the affected region, the commissioner
704	702		shall modify or waive requirements applicable to the affected
705	703		districts under this section and adopt appropriate safeguards as
706	704		necessary to ensure the continued support and maintenance of an
707	705		efficient system of public free schools and the continued delivery
708	706		of high-quality instruction under that system.
709	707		SECTION 11. Section 48.053(b), Education Code, is amended
710	708		to read as follows:
711	709		(b) A school district to which this section applies is
712	710		entitled to funding under this chapter as if the district were a
713	711		full-time hybrid campus or full-time virtual campus for purposes of
714	712		Section 30B.106 with [had] no tier one local share for purposes of
715	713		Section 48.256 for each student enrolled in the district:
716	714		(1) who resides in this state; or
717	715		(2) who:
718	716		(A) is a dependent of a member of the United
719	717		States military;
720	718		(B) was previously enrolled in school in this
721	719		state; and
722	720		(C) does not reside in this state due to a
723	721		military deployment or transfer.
724	722		SECTION 12. Section 48.104(f), Education Code, is amended
725	723		to read as follows:
726	724		(f) A student receiving a full-time virtual education
727	725		provided through a full-time virtual campus under Chapter 30B shall
728	726		[through the state virtual school network may] be included in
729	727		determining the number of students who are educationally
730	728		disadvantaged and reside in an economically disadvantaged census
731	729		block group under Subsection (b) or (e), as applicable[, if the
732	730		school district submits to the commissioner a plan detailing the
733	731		enhanced services that will be provided to the student and the
734	732		commissioner approves the plan].
735	733		SECTION 13. Section 48.111, Education Code, is amended by
736	734		amending Subsection (b) and adding Subsection (b-1) to read as
737	735		follows:
738	736		(b) For purposes of Subsection (a), in determining the
739	737		number of students enrolled in a school district, the commissioner
740	738		shall exclude students enrolled in the district who receive
741	739		full-time instruction provided through a full-time virtual campus
742	740		under Chapter 30B [through the state virtual school network under
743	741		Chapter 30A].
744	742		(b-1) For purposes of Subsection (a), in determining the
745	743		number of students enrolled in a school district, the commissioner
746	744		shall exclude students enrolled in the district who receive
747	745		full-time instruction through the state virtual school network
748	746		under Chapter 30A as that chapter existed on September 1, 2024.
749	747		This subsection expires September 1, 2031.
750	748		SECTION 14. The following provisions of the Education Code
751	749		are repealed:
752	750		(1) Section 26.0031(f);
753	751		(2) Section 29.909; and
754	752		(3) Chapter 30A.
755	753		SECTION 15. (a) Notwithstanding the repeal by this Act of
756	754		Chapter 30A, Education Code, a school district or open-enrollment
757	755		charter school providing an electronic course or a full-time
758	756		program through the state virtual school network in accordance
759	757		with, or under a waiver of the provisions of, Chapter 30A, Education
760	758		Code, as that law existed immediately before the effective date of
761	759		this Act, may, except as provided by Subsection (b) of this section,
762	760		continue to provide that course or full-time program as if that
763	761		chapter were still in effect until the end of the 2026-2027 school
764	762		year.
765	763		(b) The funding provided to a school district or
766	764		open-enrollment charter school for a student enrolled in an
767	765		electronic course or full-time program offered through the state
768	766		virtual school network in accordance with, or under a waiver of the
769	767		provisions of, Chapter 30A, Education Code, as that law existed
770	768		immediately before the effective date of this Act, shall be
771	769		determined, as applicable, under Section 30B.007 or 30B.106,
772	770		Education Code, as added by this Act.
773	771		SECTION 16. The commissioner of education shall adopt rules
774	772		providing an expedited authorization process for a school district
775	773		or open-enrollment charter school that applies to operate a
776	774		full-time hybrid campus or a full-time virtual campus under Chapter
777	775		30B, Education Code, as added by this Act, if the district or
778	776		school, as of the effective date of this Act:
779	777		(1) operates an electronic course or full-time program
780	778		through the state virtual school network in accordance with Chapter
781	779		30A, Education Code, as that law existed immediately before the
782	780		effective date of this Act; or
783	781		(2) operates a virtual education program, regardless
784	782		of whether the district or school received funding for students
785	783		enrolled in the program during the 2022-2023, 2023-2024, or
786	784		2024-2025 school year.
787	785		SECTION 17. This Act applies beginning with the 2025-2026
788	786		school year.
789	787		SECTION 18. This Act takes effect immediately if it
790	788		receives a vote of two-thirds of all the members elected to each
791	789		house, as provided by Section 39, Article III, Texas Constitution.
792	790		If this Act does not receive the vote necessary for immediate
793	791		effect, this Act takes effect September 1, 2025.