82R9976 TRH-F
	By: Guillen	H.B. No. 3280

	A BILL TO BE ENTITLED
	AN ACT
	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.