Bill Text: TX HB3280 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to additional virtual instruction at public and private elementary and secondary schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-05 - Left pending in committee [HB3280 Detail]
Download: Texas-2011-HB3280-Introduced.html
82R9976 TRH-F | ||
By: Guillen | H.B. No. 3280 |
|
||
|
||
relating to additional virtual instruction at public and private | ||
elementary and secondary schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 2, Education Code, is amended | ||
by adding Chapter 30B to read as follows: | ||
CHAPTER 30B. ADDITIONAL VIRTUAL INSTRUCTION | ||
Sec. 30B.001. DEFINITIONS. In this chapter: | ||
(1) "College or university charter school" means a | ||
school that has been granted a charter under Subchapter E, Chapter | ||
12. | ||
(2) "Home-schooled student" means a student who | ||
predominantly receives instruction in a general elementary or | ||
secondary education program that is provided by the parent or a | ||
person standing in parental authority, in or through the child's | ||
home. | ||
(3) "Private or independent institution of higher | ||
education," "public junior college," and "public senior college or | ||
university" have the meanings assigned by Section 61.003. | ||
(4) "Private school student" means a student who | ||
attends a private school. | ||
(5) "Public institution" means a school district, | ||
open-enrollment charter school, college or university charter | ||
school, public senior college or university, or public junior | ||
college. | ||
Sec. 30B.002. PROVISION OF INSTRUCTION. (a) Except as | ||
provided by Subsection (c), a public institution, private or | ||
independent institution of higher education, or a private school | ||
may offer for credit an electronic course or program: | ||
(1) that includes use of: | ||
(A) the Internet; | ||
(B) computer software; | ||
(C) online services; or | ||
(D) another electronic medium or means of | ||
conveying information; | ||
(2) in which a student and teacher are in different | ||
locations for a majority of the student's instructional period; and | ||
(3) in which a student is not required to be located on | ||
the physical premises of a school district or open-enrollment | ||
charter school or the institution or school providing the course or | ||
program. | ||
(b) An electronic course or program offered by a public | ||
institution under this chapter must include the essential knowledge | ||
and skills and any other content requirements identified under | ||
Subchapter A, Chapter 28. | ||
(c) If the commissioner finds that an electronic course or | ||
program offered under this chapter does not meet the requirements | ||
of Subsection (b), the commissioner may prohibit the provider from | ||
offering the electronic course or program under this chapter. An | ||
order by the commissioner under this subsection may be appealed to | ||
the State Board of Education. The finding of the board is final. | ||
(d) A school district or open-enrollment charter school may | ||
offer an electronic course or program under this chapter only if the | ||
district is rated acceptable under Section 39.054. | ||
(e) An electronic course or program offered under this | ||
chapter may be offered to any public school student, home-schooled | ||
student, or private school student in this state or to any student | ||
outside this state. | ||
Sec. 30B.003. COURSES OFFERED BY SCHOOL DISTRICT, | ||
OPEN-ENROLLMENT CHARTER SCHOOL, OR COLLEGE OR UNIVERSITY CHARTER | ||
SCHOOL. (a) A school district, open-enrollment charter school, or | ||
college or university charter school: | ||
(1) may not charge tuition for participation in an | ||
electronic course or program offered under this chapter; and | ||
(2) shall charge a student a fee comparable to a fee | ||
charged to a regularly enrolled student for participating in the | ||
electronic course or program. | ||
(b) A school district, open-enrollment charter school, or | ||
college or university charter school may include a home-schooled or | ||
private school student participating in an electronic course or | ||
program offered under this chapter as a student in the attendance of | ||
the district or school for that day. The student's attendance shall | ||
be included in proportion to the amount of time the student receives | ||
services or participates in an electronic course or program, as | ||
determined under rules adopted by the commissioner. | ||
(c) A school district, open-enrollment charter school, or | ||
college or university charter school may include a student enrolled | ||
in the district or school who is participating in an electronic | ||
course or program offered under this chapter by another district or | ||
school as a student in the attendance of the district or school for | ||
that day. | ||
(d) A school district, open-enrollment charter school, or | ||
college or university charter school offering an electronic course | ||
or program under this chapter may by contract with another | ||
district, open-enrollment charter school, or college or university | ||
charter school charge the other district or school a fee for | ||
participation in the course or program by a student enrolled in the | ||
other district or school. A student who is participating in an | ||
electronic course or program offered under this subsection shall be | ||
counted as a student for that day in the attendance of the district | ||
or school in which the student is enrolled. | ||
Sec. 30B.004. COURSES OFFERED BY PUBLIC OR PRIVATE | ||
INSTITUTION OF HIGHER EDUCATION OR PRIVATE SCHOOL. (a) A public | ||
senior college or university, public junior college, private or | ||
independent institution of higher education, or private school may | ||
charge tuition for participation in an electronic course or program | ||
offered under this chapter. | ||
(b) The tuition charged under Subsection (a) must equal 75 | ||
percent of the average amount of state and local funds for | ||
maintenance and operations a school district receives for a student | ||
in average daily attendance for the amount of time the student | ||
receives services or participates in the electronic course or | ||
program, as determined under rules adopted by the commissioner. | ||
(c) The tuition charged under Subsection (a) may be charged: | ||
(1) by contract to a school district, open-enrollment | ||
charter school, or college or university charter school whose | ||
student takes an electronic course or program offered under this | ||
chapter; or | ||
(2) to the state under this program through a | ||
scholarship based on enrollment of eligible students. | ||
Sec. 30B.005. PARTICIPATION. The institution or school | ||
providing an electronic course or program under this chapter shall | ||
adopt procedures for verifying the participation of a student | ||
enrolled in the course or program. | ||
Sec. 30B.006. APPLICABILITY OF ACCOUNTABILITY | ||
REQUIREMENTS. Chapter 39 applies to an electronic course or | ||
program offered by a school district or open-enrollment charter | ||
school under this chapter in the same manner in which that chapter | ||
applies to any other course or program offered by the district or | ||
school. | ||
Sec. 30B.007. PARTICIPATING SCHOOL AUTONOMY. A | ||
participating private or independent institution of higher | ||
education or private school is autonomous and not an agent of the | ||
state or federal government. The Texas Education Agency or any | ||
other state agency may not in any way regulate the educational | ||
program of a participating private or independent institution of | ||
higher education or private school that accepts a virtual education | ||
scholarship. The creation of a program under this chapter does not | ||
expand the regulatory authority of the state, its officers, or a | ||
school district to impose an additional regulation of nonpublic | ||
institutions or schools beyond those necessary to enforce the | ||
requirements of the program. | ||
SECTION 2. Chapter 30B, Education Code, as added by this | ||
Act, applies beginning with the 2011-2012 school year. | ||
SECTION 3. 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, 2011. |