Bill Text: TX SB1389 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to remote learning programs provided by school districts and the calculation of average daily attendance in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Education [SB1389 Detail]
Download: Texas-2021-SB1389-Introduced.html
| By: West | S.B. No. 1389 | |
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| relating to remote learning programs provided by school districts | ||
| and the calculation of average daily attendance in public schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 25.081, Education Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) A school district or open-enrollment charter school | ||
| may include any minutes provided through a remote learning program | ||
| under Subchapter O, Chapter 29, in the minutes of operation | ||
| required by Subsection (a). | ||
| SECTION 2. Chapter 29, Education Code, is amended by adding | ||
| Subchapter O to read as follows: | ||
| SUBCHAPTER O. SCHOOL DISTRICT REMOTE LEARNING PROGRAM | ||
| Sec. 29.601. DEFINITION. In this subchapter, "remote | ||
| learning" means instruction or a course offered by a school | ||
| district or open-enrollment charter school in which: | ||
| (1) instruction and content are delivered | ||
| primarily over the internet; | ||
| (2) the student and teacher are in different | ||
| locations for a majority of the instructional period; | ||
| (3) most instructional activities take place in | ||
| an online environment; and | ||
| (4) the student is not required to be located on | ||
| the physical premises of a school district to receive the | ||
| instruction. | ||
| Sec. 29.602 ESTABLISHMENT OF REMOTE LEARNING PROGRAM. (a) | ||
| A school district or open-enrollment charter school may establish a | ||
| remote learning program in which the district provides instruction | ||
| through remote learning to a student eligible under Section 29.603 | ||
| or 20.604(b). | ||
| (b) A school district or open-enrollment charter school | ||
| that establishes a program under Subsection (a) must ensure that a | ||
| participating student makes annual progress toward grade | ||
| completion or graduation. | ||
| (c) If a school district or open-enrollment charter school | ||
| offers remote instruction for students receiving special education | ||
| services, the program must meet the needs of a participating | ||
| student in a manner consistent with Subchapter A and 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). | ||
| (d) A school district or open-enrollment charter school may | ||
| enroll a student in a remote learning program for a limited | ||
| instructional time of the student's total instructional time and | ||
| provide the remaining instruction to the student in a traditional | ||
| classroom setting. | ||
| (e) A school district or open-enrollment charter school | ||
| shall adopt procedures for reporting and verifying the attendance | ||
| of a student enrolled in a remote learning program. The rules may | ||
| modify the application of Sections 25.085, 25.086, 25.087 for a | ||
| student enrolled in a remote learning program but must require | ||
| active participation by the student in the program. | ||
| (f) The agency may not require a school district to use a | ||
| specific curriculum provided or determined by the agency for remote | ||
| learning. | ||
| Sec. 29.603. STUDENT ELIGIBILITY FOR REMOTE LEARNING. Any | ||
| student enrolled in a school district or open-enrollment charter | ||
| school is eligible to enroll in a remote learning program under the | ||
| subchapter if the district offers the program. | ||
| Sec. 29.604. ENROLLMENT OF STUDENTS FOR SPECIAL EDUCATION | ||
| SERVICES. (a) A district or open enrollment charter school may | ||
| enroll a student in a remote learning program if the district or | ||
| open enrollment charter school provides for in person special | ||
| education services under Subchapter A to any student enrolled in | ||
| the remote learning program who is eligible or who may in the future | ||
| be identified as being eligible to receive services under | ||
| Subchapter A. | ||
| (b) Notwithstanding Section 29.603, a school district may | ||
| enroll a student in the district's remote learning program who | ||
| would not otherwise qualify if: | ||
| (1) the district enters into an agreement with the | ||
| school district in which the student would otherwise be enrolled to | ||
| provide remote learning to that student, and | ||
| (2) the agreement provides that a student | ||
| participating in the remote learning program that is eligible for | ||
| in-person special education services under Subchapter A shall | ||
| receive those services from the school district in which the | ||
| student would otherwise be enrolled. | ||
| Sec. 29.605. REMOTE LEARNING INSTRUCTION OR COURSE | ||
| COMPLETION. (a) Except as provided by Subsection (b), for a student | ||
| to successfully complete instruction or courses provided through a | ||
| remote learning program, the student's classroom teacher must | ||
| determine that the student demonstrates academic proficiency of the | ||
| content for the curriculum or course under the district's grading | ||
| policy sufficient to: | ||
| (1) for a student in high school, receive credit | ||
| for the course; or | ||
| (2) for a student enrolled in elementary or | ||
| middle school grades, be promoted to the next grade level. | ||
| (b) If a student is enrolled in a remote learning program | ||
| for a limited instructional time, the student's classroom teacher | ||
| must determine whether the student successfully completes the | ||
| instruction or course based on the student's demonstrated academic | ||
| proficiency of the content for the curriculum or course delivered | ||
| during the student's instructional time provided through remote | ||
| learning. | ||
| Sec. 29.606. APPLICABILITY OF ACCOUNTABILITY | ||
| REQUIREMENTS. (a) Chapter 39 applies to remote learning | ||
| instruction or courses in the same manner that chapter applies to | ||
| any other instruction or course offered by a school district. | ||
| (b) Each student enrolled in a remote learning program under | ||
| this subchapter must take any assessment instrument required under | ||
| Section 39.023. | ||
| (c) A school district or open enrollment charter school | ||
| shall report to the commissioner through the Public Education | ||
| Information Management System (PEIMS) the results of assessment | ||
| instruction administered to students enrolled in remote learning | ||
| instruction or courses separately from the results of assessment | ||
| instruments administered to other students. | ||
| Sec. 29.607 FOUNDATION SCHOOL PROGRAM FUNDING. A school | ||
| district is entitled to funding under Chapter 48 for a student | ||
| enrolled in a remote learning program in the same manner that the | ||
| district is entitled to funding for the student's enrollment in a | ||
| traditional classroom setting, provided that the student | ||
| successfully completes the remote learning instruction or course. | ||
| Sec. 29.608. Extra-Curricular Activities for Remote | ||
| Learning Student. A student participating in local remote learning | ||
| may participate in University Interscholastic League or other | ||
| extra-curricular activities at the physical campus at which the | ||
| student is enrolled in accordance with local district or charter | ||
| policy. | ||
| Sec. 29.609. COMMISSIONER AUTHORITY. The commissioner may | ||
| not waive a provision of this subchapter. | ||
| SECTION 3. Chapter 34, Education Code is amended by adding | ||
| Section 34.016 to read as follows: | ||
| Sec. 34.016 TRANSPORTATION FOR STUDENTS PARTICIPATING IN | ||
| REMOTE LEARNING. (a) A student participating in a remote learning | ||
| program provided by a school district under subchapter O, Chapter | ||
| 29, is eligible for transportation services under this chapter. | ||
| SECTION 4. Section 48.005, Education Code, is amended by | ||
| adding Section 48.005 (h-1) which reads as follows: | ||
| (h-1) Students participating in local remote learning under | ||
| Subchapter O, Chapter 21 shall be counted towards average | ||
| attendance for the portion of the school year in which the student | ||
| is enrolled by using the average daily attendance rate for the | ||
| district or charter as a whole. A student participating in local | ||
| remote learning shall be considered as in full or half-time | ||
| attendance based on the coursework in which the student is enrolled | ||
| in the same manner as students solely attending a school facility. | ||
| All funding allotments in this code apply to a student | ||
| participating in local remote learning in the same manner as for a | ||
| student served entirely at a school facility. Nothing in this | ||
| subsection shall be construed to count any student as in more than | ||
| full-time attendance. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
