Bill Text: TX HB1468 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a local remote learning program operated by a public school.
Spectrum: Slight Partisan Bill (Republican 13-6)
Status: (Engrossed - Dead) 2021-05-30 - Senate adopts conf. comm. report-reported [HB1468 Detail]
Download: Texas-2021-HB1468-Engrossed.html
Bill Title: Relating to a local remote learning program operated by a public school.
Spectrum: Slight Partisan Bill (Republican 13-6)
Status: (Engrossed - Dead) 2021-05-30 - Senate adopts conf. comm. report-reported [HB1468 Detail]
Download: Texas-2021-HB1468-Engrossed.html
By: Bell of Kaufman, Huberty, Toth, | H.B. No. 1468 | |
González of El Paso, Dutton, et al. |
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relating to a local remote learning program offered by a public | ||
school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.092, Education Code, is amended by | ||
adding Subsection (a-3) to read as follows: | ||
(a-3) A school district or open-enrollment charter school | ||
may adopt a policy to exempt students from the requirements of this | ||
section for one or more courses identified in the policy that are | ||
offered under a local remote learning program under Section | ||
29.9091. This subsection expires September 1, 2027. | ||
SECTION 2. Subchapter Z, Chapter 29, Education Code, is | ||
amended by adding Section 29.9091 to read as follows: | ||
Sec. 29.9091. LOCAL REMOTE LEARNING PROGRAM. (a) In this | ||
section, "synchronous instruction" means instruction provided in a | ||
manner in which the instructor and the student are engaged at the | ||
same time with the ability to interact in real time. | ||
(b) A school district or open-enrollment charter school may | ||
establish a local remote learning program to offer synchronous | ||
virtual courses outside the state virtual school network under | ||
Chapter 30A to eligible students. | ||
(c) A virtual course offered under a local remote learning | ||
program: | ||
(1) must be provided through synchronous instruction; | ||
and | ||
(2) may be provided in combination with in-person | ||
instruction as appropriate to meet the needs of individual | ||
students. | ||
(d) A student is eligible to enroll in a virtual course | ||
offered under a local remote learning program if the student: | ||
(1) was enrolled in a public school in this state in | ||
the preceding school year; | ||
(2) is enrolled in a school district or | ||
open-enrollment charter school in grade level three or above; | ||
(3) has reasonable access to in-person services for | ||
the course at a district or school facility; and | ||
(4) meets any additional criteria, including minimum | ||
academic standards, established by the school district or | ||
open-enrollment charter school in which the student is enrolled. | ||
(e) A school district or open-enrollment charter school | ||
that offers a local remote learning program: | ||
(1) shall periodically assess the performance of | ||
students enrolled in virtual courses under the program; and | ||
(2) may remove a student from virtual courses under | ||
the program and return the student to in-person instruction if the | ||
district or school determines that the student does not meet the | ||
criteria described by Subsection (d). | ||
(f) A school district or open-enrollment charter school may | ||
contract with another school district or open-enrollment charter | ||
school to allow a student enrolled in the sending district or school | ||
to enroll in virtual courses offered under the local remote | ||
learning program of the receiving district or school. A student | ||
enrolled in virtual courses under an agreement described by this | ||
subsection is considered enrolled in the sending district or school | ||
for purposes of average daily attendance and accountability under | ||
Chapters 39 and 39A. | ||
(g) An assessment instrument administered under Section | ||
39.023 or 39.025 to a student enrolled in a virtual course offered | ||
under a local remote learning program shall be administered to the | ||
student in the same manner in which the assessment instrument is | ||
administered to other school district or open-enrollment charter | ||
school students. | ||
(h) If a school district or open-enrollment charter school | ||
offers virtual courses under a local remote learning program for | ||
students receiving special education services, the courses must | ||
meet the needs of a participating student in a manner consistent | ||
with Subchapter A of this chapter and with federal law, including | ||
the Individuals with Disabilities Education Act (20 U.S.C. Section | ||
1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29 U.S.C. | ||
Section 794). | ||
(i) A school district or open-enrollment charter school may | ||
not require a teacher to provide both virtual instruction and | ||
in-person instruction for a course during the same class period. | ||
(j) A student enrolled in a virtual course offered under a | ||
local remote learning program may participate in an extracurricular | ||
activity sponsored or sanctioned by the school district or | ||
open-enrollment charter school in which the student is enrolled or | ||
by the University Interscholastic League in the same manner as | ||
other district or school students. | ||
(k) A student enrolled in a virtual course offered under a | ||
local remote learning program shall be counted toward the school | ||
district's or open-enrollment charter school's average daily | ||
attendance in the same manner as other district or school students. | ||
The commissioner shall adopt rules providing for a method of taking | ||
attendance, once each school day, for students enrolled in a | ||
virtual course offered under a local remote learning program. | ||
(l) Chapter 30A does not apply to a virtual course offered | ||
under a local remote learning program. | ||
(m) This section expires September 1, 2027. | ||
SECTION 3. Section 39.301, Education Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) In addition to the indicators described by Subsection | ||
(c), the indicators for reporting purposes must include, for each | ||
school district and campus, the performance of students who spend | ||
at least half of the students' instructional time in virtual | ||
courses offered under a local remote learning program under Section | ||
29.9091. This subsection expires September 1, 2027. | ||
SECTION 4. Section 48.053, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) This subsection applies only to a special-purpose | ||
district described by Subsection (a) that existed before September | ||
1, 2019. For a district to which this subsection applies, the | ||
commissioner shall establish an asynchronous progression funding | ||
method that may be used to determine the amount of the district's | ||
entitlement under Subsection (b) based on full and partial semester | ||
course completion. | ||
SECTION 5. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |