Bill Text: TX SB27 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the state online learning system; changing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-05-05 - Not again placed on intent calendar [SB27 Detail]
Download: Texas-2021-SB27-Comm_Sub.html
By: Taylor | S.B. No. 27 | |
(In the Senate - Filed March 11, 2021; March 11, 2021, read | ||
first time and referred to Committee on Education; April 23, 2021, | ||
reported adversely, with favorable Committee Substitute by the | ||
following vote: Yeas 7, Nays 2, one present not voting; | ||
April 23, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 27 | By: Taylor |
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relating to the state online learning system; changing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.001(b), Education Code, is amended to | ||
read as follows: | ||
(b) Except as provided by Chapter 18, Chapter 19, Subchapter | ||
A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30B [ |
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this code does not apply to students, facilities, or programs under | ||
the jurisdiction of [ |
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Human Services Commission, the Texas Juvenile Justice Department, | ||
the Texas Department of Criminal Justice, a Job Corps program | ||
operated by or under contract with the United States Department of | ||
Labor, or any juvenile probation agency. | ||
SECTION 2. Section 7.0561(f), Education Code, is amended to | ||
read as follows: | ||
(f) In consultation with interested school districts, | ||
[ |
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interested persons, the commissioner shall adopt rules applicable | ||
to the consortium, according to the following principles for a next | ||
generation of higher performing public schools: | ||
(1) engagement of students in digital learning, | ||
including engagement through the use of electronic textbooks and | ||
instructional materials adopted under Subchapters B and B-1, | ||
Chapter 31, and courses offered through the state online learning | ||
system [ |
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(2) emphasis on learning standards that focus on | ||
high-priority standards identified in coordination with districts | ||
and charter schools participating in the consortium; | ||
(3) use of multiple assessments of learning capable of | ||
being used to inform students, parents, districts, and charter | ||
schools on an ongoing basis concerning the extent to which learning | ||
is occurring and the actions consortium participants are taking to | ||
improve learning; and | ||
(4) reliance on local control that enables communities | ||
and parents to be involved in the important decisions regarding the | ||
education of their children. | ||
SECTION 3. Section 25.007(b), Education Code, is amended to | ||
read as follows: | ||
(b) In recognition of the challenges faced by students who | ||
are homeless or in substitute care, the agency shall assist the | ||
transition of students who are homeless or in substitute care from | ||
one school to another by: | ||
(1) ensuring that school records for a student who is | ||
homeless or in substitute care are transferred to the student's new | ||
school not later than the 10th working day after the date the | ||
student begins enrollment at the school; | ||
(2) developing systems to ease transition of a student | ||
who is homeless or in substitute care during the first two weeks of | ||
enrollment at a new school; | ||
(3) developing procedures for awarding credit, | ||
including partial credit if appropriate, for course work, including | ||
electives, completed by a student who is homeless or in substitute | ||
care while enrolled at another school; | ||
(4) developing procedures to ensure that a new school | ||
relies on decisions made by the previous school regarding placement | ||
in courses or educational programs of a student who is homeless or | ||
in substitute care and places the student in comparable courses or | ||
educational programs at the new school, if those courses or | ||
programs are available; | ||
(5) promoting practices that facilitate access by a | ||
student who is homeless or in substitute care to extracurricular | ||
programs, summer programs, credit transfer services, electronic | ||
courses provided under Chapter 30B [ |
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programs at nominal or no cost; | ||
(6) establishing procedures to lessen the adverse | ||
impact of the movement of a student who is homeless or in substitute | ||
care to a new school; | ||
(7) entering into a memorandum of understanding with | ||
the Department of Family and Protective Services regarding the | ||
exchange of information as appropriate to facilitate the transition | ||
of students in substitute care from one school to another; | ||
(8) encouraging school districts and open-enrollment | ||
charter schools to provide services for a student who is homeless or | ||
in substitute care in transition when applying for admission to | ||
postsecondary study and when seeking sources of funding for | ||
postsecondary study; | ||
(9) requiring school districts, campuses, and | ||
open-enrollment charter schools to accept a referral for special | ||
education services made for a student who is homeless or in | ||
substitute care by a school previously attended by the student, and | ||
to provide comparable services to the student during the referral | ||
process or until the new school develops an individualized | ||
education program for the student; | ||
(10) requiring school districts, campuses, and | ||
open-enrollment charter schools to provide notice to the child's | ||
educational decision-maker and caseworker regarding events that | ||
may significantly impact the education of a child, including: | ||
(A) requests or referrals for an evaluation under | ||
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or | ||
special education under Section 29.003; | ||
(B) admission, review, and dismissal committee | ||
meetings; | ||
(C) manifestation determination reviews required | ||
by Section 37.004(b); | ||
(D) any disciplinary actions under Chapter 37 for | ||
which parental notice is required; | ||
(E) citations issued for Class C misdemeanor | ||
offenses on school property or at school-sponsored activities; | ||
(F) reports of restraint and seclusion required | ||
by Section 37.0021; | ||
(G) use of corporal punishment as provided by | ||
Section 37.0011; and | ||
(H) appointment of a surrogate parent for the | ||
child under Section 29.0151; | ||
(11) developing procedures for allowing a student who | ||
is homeless or in substitute care who was previously enrolled in a | ||
course required for graduation the opportunity, to the extent | ||
practicable, to complete the course, at no cost to the student, | ||
before the beginning of the next school year; | ||
(12) ensuring that a student who is homeless or in | ||
substitute care who is not likely to receive a high school diploma | ||
before the fifth school year following the student's enrollment in | ||
grade nine, as determined by the district, has the student's course | ||
credit accrual and personal graduation plan reviewed; | ||
(13) ensuring that a student in substitute care who is | ||
in grade 11 or 12 be provided information regarding tuition and fee | ||
exemptions under Section 54.366 for dual-credit or other courses | ||
provided by a public institution of higher education for which a | ||
high school student may earn joint high school and college credit; | ||
(14) designating at least one agency employee to act | ||
as a liaison officer regarding educational issues related to | ||
students in the conservatorship of the Department of Family and | ||
Protective Services; and | ||
(15) providing other assistance as identified by the | ||
agency. | ||
SECTION 4. Section 26.0031, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.0031. RIGHTS CONCERNING STATE ONLINE LEARNING | ||
SYSTEM STATEWIDE COURSE CATALOG [ |
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the time and in the manner that a school district or | ||
[ |
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about courses that are offered in the district's or school's | ||
traditional classroom setting, the district or school shall notify | ||
parents and students of the option to enroll in an electronic course | ||
offered through the state online learning system statewide course | ||
catalog [ |
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(b) Except as provided by Subsection (c), a school district | ||
or [ |
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as a full-time student may not deny the request of a parent of a | ||
student to enroll the student in an electronic course offered | ||
through the state online learning system statewide course catalog | ||
[ |
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(c) A school district or [ |
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may deny a request to enroll a student in an electronic course if: | ||
(1) a high school student attempts to enroll in a | ||
course load that is inconsistent with the student's high school | ||
graduation plan or requirements for college admission or earning an | ||
industry certification; or | ||
(2) the student requests permission to enroll in an | ||
electronic course at a time that is not consistent with the | ||
enrollment period established by the school district or | ||
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[ |
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(d) Notwithstanding Subsection (c)(2), a school district or | ||
[ |
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course through the state online learning system statewide course | ||
catalog [ |
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all reasonable efforts to accommodate the enrollment of a student | ||
in the course under special circumstances. | ||
(e) A parent may appeal to the commissioner a school | ||
district's or [ |
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request to enroll a student in an electronic course offered through | ||
the state online learning system statewide course catalog [ |
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is final and may not be appealed. | ||
(f) A school district or [ |
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from which a parent of a student requests permission to enroll the | ||
student in an electronic course offered through the state online | ||
learning system statewide course catalog [ |
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under Chapter 30B [ |
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approved by the agency [ |
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course in which the student will enroll based on factors including | ||
the informed choice report in Section 30B.112(b) [ |
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SECTION 5. Subtitle F, Title 2, Education Code, is amended | ||
by adding Chapter 30B, and a heading is added to that chapter to | ||
read as follows: | ||
CHAPTER 30B. STATE ONLINE LEARNING SYSTEM STATEWIDE COURSE CATALOG | ||
AND FULL-TIME VIRTUAL PROGRAMS | ||
SECTION 6. Chapter 30B, Education Code, as added by this | ||
Act, is amended by adding Subchapter A, and a heading is added to | ||
that subchapter to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 7. Sections 30A.001, 30A.002, 30A.003, 30A.004, | ||
30A.005, and 30A.007, Education Code, are transferred to Subchapter | ||
A, Chapter 30B, Education Code, as added by this Act, redesignated | ||
as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and | ||
30B.006, Education Code, and amended to read as follows: | ||
Sec. 30B.001 [ |
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(1) [ |
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[ |
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(2) [ |
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the requirements of Section 30B.105 [ |
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(3) [ |
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(A) instruction and content are delivered | ||
primarily over the Internet; | ||
(B) a student and teacher are in different | ||
locations for a majority of the student's instructional period; | ||
(C) most instructional activities take place in | ||
an online environment; | ||
(D) the online instructional activities are | ||
integral to the academic program; | ||
(E) extensive communication between a student | ||
and a teacher and among students is emphasized; and | ||
(F) a student is not required to be located on the | ||
physical premises of a school district or [ |
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school. | ||
(4) [ |
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[ |
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[ |
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[ |
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means a professional development course in which instruction and | ||
content are delivered primarily over the Internet. | ||
(5) "Full-time virtual program" means a public school | ||
program provided to enrolled students primarily over the Internet | ||
that is authorized under Subchapter D. | ||
(6) [ |
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(A) a school district or [ |
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charter school that provides an electronic course through the | ||
statewide course catalog [ |
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(i) students enrolled in that district or | ||
school; or | ||
(ii) students enrolled in another [ |
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district or school; | ||
(B) a public or private institution of higher | ||
education, nonprofit entity, or private entity that provides a | ||
course through the statewide course catalog [ |
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(C) an entity that provides an electronic | ||
professional development course through the state online learning | ||
system [ |
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(7) [ |
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education" means an institution of higher education or a private or | ||
independent institution of higher education, as those terms are | ||
defined by Section 61.003 [ |
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(8) "Statewide course catalog" means a program of | ||
supplemental courses offered by state-approved course providers | ||
that is delivered through the state online learning system. | ||
Sec. 30B.002 [ |
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student is eligible to enroll in a course provided through the | ||
statewide course catalog or in a full-time [ |
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[ |
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(1) the student [ |
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[ |
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school in this state; or | ||
(2) the student does not qualify under Subdivision | ||
(1), including a student who is an adult or who resides in another | ||
state or country, and the student pays fees in accordance with this | ||
chapter. | ||
(b) [ |
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[ |
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[ |
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[ |
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student who enrolled in a course [ |
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may remain enrolled in that course or program for the duration of | ||
the course or school year, as applicable, [ |
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student becomes ineligible to enroll in a course or program under | ||
Subsection (a)(1) because the student: | ||
(1) is a dependent of a member of the United States | ||
military; and | ||
(2) no longer resides [ |
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[ |
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deployment or transfer. | ||
Sec. 30B.003 [ |
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INTERNET SERVICE. This chapter does not: | ||
(1) require a school district, a [ |
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charter school, a course provider, a full-time virtual program, or | ||
the state to provide a student with home computer equipment or | ||
Internet access for a course provided through the state online | ||
learning system [ |
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(2) prohibit a school district, [ |
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charter school, course provider, or full-time virtual program from | ||
providing a student with home computer equipment or Internet access | ||
for a course provided through the state online learning system | ||
[ |
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Sec. 30B.004 [ |
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Except as provided by Subsection (c), this chapter does not affect | ||
the provision of a course to a student while the student is located | ||
on the physical premises of a school district or [ |
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charter school. | ||
(b) [ |
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[ |
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apply to a virtual course provided by a school district only to | ||
district students if the course is not provided as part of the state | ||
online learning system [ |
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(c) A school district or [ |
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may choose to participate in providing an electronic course or an | ||
electronic diagnostic assessment under this chapter to a student | ||
who is located on the physical premises of a school district or | ||
[ |
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Sec. 30B.005 [ |
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SERVICES NETWORK NOT CREATED. This chapter does not create or | ||
authorize the creation of a telecommunications or information | ||
services network. | ||
Sec. 30B.006 [ |
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COURSES. (a) A school district or [ |
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school shall adopt a written policy that provides district or | ||
school students with the opportunity to enroll in electronic | ||
courses provided through the statewide course catalog [ |
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requirements imposed by Section 26.0031. | ||
(b) [ |
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school shall, at least once per school year, send to a parent of | ||
each district or school student enrolled at the middle or high | ||
school level a copy of the policy adopted under Subsection (a). A | ||
district or school may send the policy with any other information | ||
that the district or school sends to a parent. | ||
(c) [ |
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(a), the determination of whether or not an electronic course will | ||
meet the needs of a student with a disability shall be made by the | ||
student's admission, review, and dismissal committee in a manner | ||
consistent with state 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). | ||
SECTION 8. Subchapter A, Chapter 30B, Education Code, as | ||
added by this Act, is amended by adding Section 30B.007 to read as | ||
follows: | ||
Sec. 30B.007. GRANTS AND FEDERAL FUNDS. (a) The | ||
commissioner may solicit and accept a gift, grant, or donation from | ||
any source for the implementation of the statewide course catalog | ||
and full-time virtual programs. | ||
(b) The commissioner may accept federal funds for purposes | ||
of this chapter and shall use those funds in compliance with | ||
applicable federal law, regulations, and guidelines. | ||
SECTION 9. Chapter 30B, Education Code, as added by this | ||
Act, is amended by adding Subchapter B, and a heading is added to | ||
that subchapter to read as follows: | ||
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS | ||
SECTION 10. Sections 30A.051, 30A.052, and 30A.054, | ||
Education Code, are transferred to Subchapter B, Chapter 30B, | ||
Education Code, as added by this Act, redesignated as Sections | ||
30B.051, 30B.052, and 30B.053, Education Code, and amended to read | ||
as follows: | ||
Sec. 30B.051 [ |
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commissioner shall: | ||
(1) administer the state online learning system | ||
statewide course catalog and full-time virtual programs [ |
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(2) ensure: | ||
(A) high-quality education for students in this | ||
state who are being educated through electronic courses provided | ||
through the statewide course catalog or a full-time virtual program | ||
[ |
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(B) equitable access by students to those courses | ||
and programs. | ||
(b) The commissioner may adopt rules necessary to implement | ||
this chapter. | ||
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[ |
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[ |
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Sec. 30B.052 [ |
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COMMISSIONER. (a) The commissioner shall prepare or provide for | ||
preparation of a biennial budget request for the state online | ||
learning system statewide course catalog and full-time virtual | ||
programs [ |
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(b) The commissioner has exclusive jurisdiction over the | ||
assets of the state online learning system [ |
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administer and spend appropriations made for the benefit of the | ||
system [ |
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[ |
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Sec. 30B.053 [ |
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To the extent permitted under the Family Educational Rights and | ||
Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner | ||
shall make information relating to the performance of students | ||
enrolled in electronic courses through the statewide course catalog | ||
or a full-time virtual program under this chapter available to | ||
school districts, [ |
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public. | ||
SECTION 11. Chapter 30B, Education Code, as added by this | ||
Act, is amended by adding Subchapter C, and a heading is added to | ||
that subchapter to read as follows: | ||
SUBCHAPTER C. STATEWIDE COURSE CATALOG | ||
SECTION 12. Sections 30A.101, 30A.102, 30A.1021, 30A.103, | ||
30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107, | ||
30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113, | ||
30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code, | ||
are transferred to Subchapter C, Chapter 30B, Education Code, as | ||
added by this Act, redesignated as Sections 30B.101, 30B.102, | ||
30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109, | ||
30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116, | ||
30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123, | ||
Education Code, and amended to read as follows: | ||
Sec. 30B.101 [ |
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PROVIDER. (a) A school district or [ |
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school is eligible to act as a course provider through the statewide | ||
course catalog [ |
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receives an overall performance rating of C or higher [ |
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(b) [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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nonprofit entity, private entity, or corporation is eligible to act | ||
as a course provider through the statewide course catalog [ |
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(1) complies with all applicable federal and state | ||
laws prohibiting discrimination; | ||
(2) demonstrates financial solvency; [ |
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(3) provides evidence of prior successful experience | ||
offering online education [ |
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students, with demonstrated student success in course completion | ||
and performance, as determined by the commissioner; and | ||
(4) complies with any other criteria established by | ||
the commissioner. | ||
(c) [ |
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[ |
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credit or a diploma for courses taken through the statewide course | ||
catalog [ |
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Sec. 30B.102 [ |
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(a) The agency [ |
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(1) publish the criteria required by Section 30B.104 | ||
[ |
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statewide course catalog [ |
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(2) using the criteria required by Section 30B.104 | ||
[ |
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provider to be offered through the statewide course catalog | ||
[ |
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(3) create a list of electronic courses approved by | ||
the agency [ |
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(4) publish in a prominent location on the state | ||
online learning system's [ |
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approved electronic courses offered through the statewide course | ||
catalog [ |
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complies with Section 30B.112 [ |
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(b) To ensure that a full range of electronic courses, | ||
including advanced placement courses, are offered to students in | ||
this state, the agency [ |
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(1) shall create a list of those subjects and courses | ||
designated by the board under Subchapter A, Chapter 28, for which | ||
the board has identified essential knowledge and skills or for | ||
which the board has designated content requirements under | ||
Subchapter A, Chapter 28; | ||
(2) shall enter into agreements with school districts, | ||
[ |
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of higher education, and other eligible entities for the purpose of | ||
offering the courses through the statewide course catalog [ |
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(3) may develop or authorize the development of | ||
additional electronic courses that: | ||
(A) are needed to complete high school graduation | ||
requirements; and | ||
(B) are not otherwise available through the | ||
statewide course catalog; and | ||
(4) may develop or authorize the development of an | ||
orientation course [ |
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(c) The agency [ |
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comprehensive course numbering system for all courses offered | ||
through the statewide course catalog [ |
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to ensure, to the greatest extent possible, consistent numbering of | ||
similar courses offered across all course providers. | ||
Sec. 30B.103 [ |
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REGARDING ELECTRONIC COURSES. (a) The agency [ |
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from electronic courses offered through the statewide course | ||
catalog [ |
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for providing comments regarding the courses. | ||
(b) The mechanism required by Subsection (a) must include a | ||
quantitative rating system and a list of verbal descriptors that a | ||
student or parent may select as appropriate. | ||
(c) The agency [ |
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public access to the comments submitted by students and parents | ||
under this section. The comments must be in a format that permits a | ||
person to sort the comments by teacher, electronic course, and | ||
course provider. | ||
Sec. 30B.104 [ |
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(a) The commissioner [ |
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objective standard criteria for an electronic course to ensure | ||
alignment with the essential knowledge and skills requirements | ||
identified or content requirements established under Subchapter A, | ||
Chapter 28. The criteria may not permit the agency [ |
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for an electronic course for a course for which essential knowledge | ||
and skills have been identified. | ||
(b) The criteria must be consistent with Section 30B.105 | ||
[ |
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developmentally inappropriate for students. | ||
(c) The commissioner by rule may: | ||
(1) establish additional quality-related criteria for | ||
electronic courses; and | ||
(2) provide for a period of public comment regarding | ||
the criteria. | ||
(d) The criteria must be in place at least six months before | ||
the agency [ |
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evaluating an electronic course under Section 30B.107 [ |
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Sec. 30B.105 [ |
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(a) A course offered through the statewide course catalog [ |
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(1) be in a specific subject that is part of the | ||
required curriculum under Section 28.002(a); | ||
(2) be aligned with the essential knowledge and skills | ||
identified under Section 28.002(c) for the [ |
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(3) be the equivalent in instructional rigor and scope | ||
to a course that is provided in a traditional classroom setting | ||
during a semester of 90 instructional days. | ||
(b) If the essential knowledge and skills with which an | ||
approved course is aligned in accordance with Subsection (a)(2) are | ||
modified, the course provider must be provided the same [ |
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period to revise the course to achieve alignment with the modified | ||
essential knowledge and skills as is provided for the modification | ||
of a course provided in a traditional classroom setting. | ||
Sec. 30B.106 [ |
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school district, [ |
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private institution of higher education, or other eligible entity | ||
may seek approval to offer through the statewide course catalog | ||
[ |
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education and traffic safety course that complies with the | ||
requirements for the program developed under Section 29.902. | ||
(b) A school district, [ |
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public or private institution of higher education, or other | ||
eligible entity may not offer through the statewide course catalog | ||
[ |
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education and traffic safety course. | ||
(c) A driver education and traffic safety course offered in | ||
compliance with this section must be the equivalent in | ||
instructional rigor and scope to a course that is provided in a | ||
traditional classroom setting for a period of 56 hours. | ||
Sec. 30B.107 [ |
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(a) The agency [ |
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(1) establish a submission and approval process for | ||
electronic courses that occurs on a rolling basis; and | ||
(2) evaluate or provide for the evaluation by one or | ||
more organizations designated by the agency of electronic courses | ||
to be offered through the statewide course catalog or a full-time | ||
[ |
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(b) [ |
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publish the submission and approval process for electronic courses | ||
established under Subsection (a)(1), including any deadlines and | ||
guidelines applicable to the process. | ||
(c) [ |
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must include review of each electronic course component, including | ||
off-line material proposed to be used in the course. | ||
(d) [ |
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establish the cost of providing an electronic course approved under | ||
Subsection (a)[ |
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(e) The [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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school district, [ |
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private institution of higher education, or other eligible entity | ||
that submits a [ |
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shall [ |
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and approving the course in order to ensure that evaluation of the | ||
course occurs. The agency shall establish and publish a fee | ||
schedule for purposes of this subsection. | ||
(f) [ |
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require a course provider to apply for renewed approval of a | ||
previously approved course in accordance with a schedule designed | ||
to coincide with revisions to the required curriculum under Section | ||
28.002(a) but not later than the 10th anniversary of the previous | ||
approval. | ||
Sec. 30B.108 [ |
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student who transfers from one educational setting to another after | ||
beginning enrollment in an electronic course is entitled to | ||
continue enrollment in the course. | ||
Sec. 30B.109 [ |
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PROHIBITED. (a) A course provider may not promise or provide | ||
equipment or any other thing of value to a student or a student's | ||
parent as an inducement for the student to enroll in an electronic | ||
course offered through the statewide course catalog [ |
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(b) The commissioner shall revoke approval under this | ||
chapter of electronic courses offered by a course provider that | ||
violates this section. | ||
(c) The commissioner's action under this section is final | ||
and may not be appealed. | ||
Sec. 30B.110 [ |
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course provider may appeal to the commissioner the agency's | ||
[ |
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course under Section 30B.107 [ |
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(b) If the commissioner determines that the agency's | ||
[ |
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or was otherwise irregular, the commissioner may overrule the | ||
agency [ |
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approved courses. The commissioner's decision under this section is | ||
final and may not be appealed. | ||
Sec. 30B.111 [ |
||
STUDENTS. (a) A student who does not qualify under Section | ||
30B.002(a)(1) may take one or more electronic courses through the | ||
statewide course catalog if the student pays the fees for the course | ||
in accordance with Section 30B.123 [ |
||
[ |
||
[ |
||
(b) A student who is enrolled in a school district or | ||
[ |
||
any semester through the state online learning system [ |
||
(c) A student who resides in this state but who is not | ||
enrolled in a school district or [ |
||
in this state [ |
||
30B.123 [ |
||
statewide course catalog [ |
||
to whom this subsection applies: | ||
(1) may not in any semester enroll in more than three | ||
[ |
||
system [ |
||
(2) is not considered enrolled at the [ |
||
school campus but shall be considered for purposes of state funding | ||
as provided by Section 30B.122 [ |
||
(3) must obtain access to a course provided through | ||
the statewide course catalog either [ |
||
school district or [ |
||
(4) is not entitled to enroll in a course offered by a | ||
school district or [ |
||
electronic course provided through the statewide course catalog | ||
[ |
||
(5) is not entitled to any right, privilege, | ||
activities, or services available to a student enrolled in a public | ||
school, other than the right to receive the appropriate unit of | ||
credit for completing an electronic course. | ||
(d) A school district or [ |
||
may not require a student to enroll in an electronic course. | ||
(e) A school district or charter school shall require | ||
students to take a student orientation course to access the | ||
statewide course catalog. | ||
Sec. 30B.112 [ |
||
later than a date determined by the commissioner, the agency | ||
[ |
||
online learning system's [ |
||
website an "informed choice" report as provided by commissioner | ||
rule. | ||
(b) Each report under this section must describe each | ||
electronic course offered through the statewide course catalog | ||
[ |
||
information: | ||
(1) course requirements; | ||
(2) the school year calendar for the course, including | ||
any options for continued participation outside of the standard | ||
school year calendar; | ||
(3) the entity that developed the course; | ||
(4) the entity that provided the course; | ||
(5) the course completion rate; | ||
(6) aggregate student performance on an assessment | ||
instrument administered under Section 39.023 to students enrolled | ||
in the course; | ||
(7) aggregate student performance on all assessment | ||
instruments administered under Section 39.023 to students who | ||
completed the course provider's courses; and | ||
(8) other information determined by the commissioner. | ||
Sec. 30B.113 [ |
||
commissioner by rule shall adopt procedures for reporting and | ||
verifying the attendance of a student enrolled in an electronic | ||
course provided through the statewide course catalog [ |
||
25.085, 25.086, and 25.087 for a student enrolled in an electronic | ||
course but must require participation in an educational program | ||
equivalent to the requirements prescribed by those sections. | ||
Sec. 30B.114 [ |
||
REQUIREMENTS. (a) Chapter 39 applies to an electronic course | ||
offered through the statewide course catalog [ |
||
course offered by a school district or open-enrollment charter | ||
school. | ||
(b) The performance of a student described by Section | ||
30B.111(c) may not be considered for purposes of accountability for | ||
a school district or charter school. | ||
(c) Each student enrolled under this chapter in an | ||
electronic course offered through the statewide course catalog | ||
[ |
||
under Section 39.023 that is administered to students who are | ||
provided instruction in the course material in the traditional | ||
classroom setting. The administration of the assessment instrument | ||
to the student enrolled in the electronic course must be supervised | ||
by a proctor. | ||
(d) [ |
||
school shall report to the commissioner through the Public | ||
Education Information Management System (PEIMS) the results of | ||
assessment instruments administered to students enrolled in an | ||
electronic course offered through the statewide course catalog | ||
[ |
||
assessment instruments administered to other students. | ||
Sec. 30B.115 [ |
||
QUALIFICATIONS. (a) Each teacher of an electronic course offered | ||
by a school district or [ |
||
the statewide course catalog [ |
||
(1) be certified under Subchapter B, Chapter 21, to | ||
teach that course and grade level; and | ||
(2) successfully complete the appropriate | ||
professional development course provided under Section 30B.116(a) | ||
[ |
||
course offered through the statewide course catalog [ |
||
(b) The commissioner by rule shall establish procedures for | ||
verifying successful completion by a teacher of the appropriate | ||
professional development course required by Subsection (a)(2). | ||
(c) The commissioner by rule shall establish qualifications | ||
and professional development requirements applicable to college | ||
instructors providing instruction in dual credit courses through | ||
the statewide course catalog [ |
||
allow a student to earn high school credit and college credit or | ||
other credit. | ||
Sec. 30B.116 [ |
||
DEVELOPMENT. (a) The state online learning system [ |
||
professional development courses or programs to provide | ||
professional development for teachers who are teaching electronic | ||
courses through the statewide course catalog [ |
||
(b) The state online learning system [ |
||
professional development courses to provide professional | ||
development for: | ||
(1) teachers who are teaching subjects or grade levels | ||
for which the teachers are not certified; or | ||
(2) teachers who must become qualified under the | ||
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 | ||
et seq.). | ||
Sec. 30B.117 [ |
||
PROFESSIONAL DEVELOPMENT. (a) Subject to Subsection (b), a course | ||
provider may provide professional development courses to teachers | ||
seeking to become authorized to teach electronic courses provided | ||
through the statewide course catalog [ |
||
course that is approved under Subsection (b) to any interested | ||
teacher, regardless of the teacher's employer. | ||
(b) The agency shall review each professional development | ||
course sought to be provided by a course provider under Subsection | ||
(a) to determine if the course meets the quality standards | ||
established under Section 30B.118 [ |
||
those standards, the course provider may provide the course for | ||
purposes of enabling a teacher to comply with Section 30B.115(a)(2) | ||
[ |
||
Sec. 30B.118 [ |
||
PROFESSIONAL DEVELOPMENT COURSES. The commissioner by rule shall | ||
establish objective standard criteria for quality of an electronic | ||
professional development course provided under Section 30B.116 | ||
[ |
||
Sec. 30B.119 [ |
||
CENTERS. The commissioner by rule shall allow regional education | ||
service centers to participate in the statewide course catalog | ||
[ |
||
providers. | ||
Sec. 30B.120 [ |
||
commissioner by rule may establish procedures for providing | ||
additional resources, such as an online library, to students and | ||
educators served through the statewide course catalog [ |
||
provide the additional resources only if the commissioner receives | ||
an appropriation, gift, or grant sufficient to pay the costs of | ||
providing those resources. | ||
Sec. 30B.121 [ |
||
Except as authorized by Section 30B.007 or 30B.107 [ |
||
the state online learning system [ |
||
(b) Except as provided by Section 30B.107, the [ |
||
operating costs of the state online learning system [ |
||
[ |
||
(c) The costs of providing electronic professional | ||
development courses may be paid by state funds appropriated by the | ||
legislature or federal funds that may be used for that purpose. | ||
(d) [ |
||
online learning system [ |
||
manner that violates Section 7, Article I, Texas Constitution. | ||
[ |
||
[ |
||
[ |
||
[ |
||
Sec. 30B.122 [ |
||
(a) Subject to the limitation imposed under Subsection (b) | ||
[ |
||
which a student is enrolled is entitled to funding under Chapter 48 | ||
or in accordance with the terms of a charter granted under Section | ||
12.101 for the student's enrollment in an electronic course offered | ||
through the statewide course catalog [ |
||
in the same manner that the district or school is entitled to | ||
funding for the student's enrollment in courses provided in a | ||
traditional classroom setting, provided that the student | ||
successfully completes the electronic course. | ||
(b) [ |
||
district or open-enrollment charter school is limited to the | ||
funding described by that subsection for a student's enrollment in | ||
not more than three electronic courses during any school year[ |
||
(c) [ |
||
costs, payment of funds, and other matters relating to a student's | ||
enrollment in an electronic course offered through the statewide | ||
course catalog [ |
||
not require a school district or [ |
||
to pay the provider the full amount until the student has | ||
successfully completed the electronic course[ |
||
(d) [ |
||
school shall use the standard agreement adopted under Subsection | ||
(c) [ |
||
(1) the district or school requests from the | ||
commissioner permission to modify the standard agreement; and | ||
(2) the commissioner authorizes the modification. | ||
(e) [ |
||
implement this section, including rules regarding attendance | ||
accounting. | ||
Sec. 30B.123 [ |
||
[ |
||
an electronic course provided through the statewide course catalog | ||
[ |
||
state and[ |
||
[ |
||
[ |
||
course load greater than that normally taken by students in the | ||
equivalent grade level in other school districts or | ||
[ |
||
[ |
||
(b) [ |
||
school may charge a fee for enrollment in an electronic course | ||
provided through the statewide course catalog [ |
||
(c) [ |
||
school shall charge a fee for enrollment in an electronic course | ||
provided through the statewide course catalog [ |
||
(1) resides in this state and is not enrolled in a | ||
school district or [ |
||
(2) does not satisfy the criteria of Section | ||
30B.002(a)(1) [ |
||
(d) [ |
||
Subsection (a), [ |
||
in which the student enrolls through the statewide course catalog | ||
[ |
||
(1) the cost of providing the course; or | ||
(2) an amount set by the commissioner [ |
||
(e) [ |
||
school that is not the course provider may charge a student enrolled | ||
in the district or school a nominal fee, not to exceed the amount | ||
specified by the commissioner, if the student enrolls in an | ||
electronic course provided through the statewide course catalog | ||
[ |
||
normally taken by students in the equivalent grade level. A | ||
juvenile probation department or state agency may charge a | ||
comparable fee to a student under the supervision of the department | ||
or agency. | ||
(f) [ |
||
online learning system [ |
||
fee to students for electronic courses provided through the | ||
statewide course catalog [ |
||
[ |
||
SECTION 13. Chapter 30B, Education Code, as added by this | ||
Act, is amended by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. FULL-TIME VIRTUAL PROGRAM | ||
Sec. 30B.201. ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL | ||
PROGRAM. (a) A school district or charter school may operate one | ||
or more full-time virtual programs under this subchapter only if | ||
the district or school receives an overall performance rating of C | ||
or higher under Section 39.054. | ||
(b) A public or private institution of higher education may | ||
operate one or more full-time virtual programs under this | ||
subchapter only if the institution: | ||
(1) complies with all applicable federal and state | ||
laws prohibiting discrimination; and | ||
(2) demonstrates financial solvency. | ||
(c) An entity may not operate more than one full-time | ||
virtual program at any elementary, middle school or junior high, or | ||
high school grade levels. | ||
(d) An entity that operates a full-time virtual program must | ||
offer: | ||
(1) at least one grade level in which an assessment | ||
instrument is required to be administered under Section 39.023(a), | ||
including each subject for which an assessment instrument is | ||
required; or | ||
(2) a complete high school program, including each | ||
course for which an end-of-course assessment instrument is required | ||
to be administered under Section 39.023(c). | ||
(e) Notwithstanding any other provision of this chapter, a | ||
school district or charter school that operated a full-time online | ||
program during the 2020-2021 school year under former Chapter 30A | ||
or with commissioner approval may continue to operate the program | ||
as a full-time virtual program under this subchapter. | ||
Sec. 30B.202. FULL-TIME VIRTUAL PROGRAM ENROLLMENT AND | ||
ADMISSION. (a) If a full-time virtual program receives more | ||
acceptable applications for admission than available positions in | ||
the program for a school year, the program shall: | ||
(1) fill the available positions by lottery; | ||
(2) create a waitlist for any students not admitted | ||
under Subdivision (1); and | ||
(3) provide to the agency the number of students on the | ||
program's waitlist under Subdivision (2), if applicable. | ||
(b) A school district or charter school operating a | ||
full-time virtual program may elect to: | ||
(1) by majority vote of the board of trustees of the | ||
district or governing body of the school, offer admission to the | ||
program only to students who reside in the district or the | ||
geographic area served by the school; or | ||
(2) notwithstanding Subsection (a), admit the | ||
following students to the program before conducting a lottery to | ||
fill remaining available positions: | ||
(A) for a district or school that does not elect | ||
to restrict admission to the program as provided by Subdivision | ||
(1), a student who resides in the district or the geographic area | ||
served by the school; | ||
(B) a sibling of a student enrolled in the | ||
program; | ||
(C) a child under the conservatorship of the | ||
Department of Family and Protective Services who resides with a | ||
student enrolled in the program; or | ||
(D) a child of an employee of the district or | ||
school. | ||
(c) A school district or charter school that elects to | ||
restrict admission to the district's or school's full-time virtual | ||
program as provided by Subsection (b)(1) shall post on the | ||
district's or school's Internet website a notice stating that the | ||
district or school restricts admission to the program as provided | ||
by that subdivision. | ||
Sec. 30B.203. FULL-TIME VIRTUAL PROGRAM LIST. The agency | ||
shall: | ||
(1) create a list of full-time virtual programs; and | ||
(2) publish in a prominent location on the state | ||
online learning system's Internet website a list of and contact and | ||
waitlist information for all full-time virtual programs and include | ||
a statement for each listed program indicating whether the program | ||
restricts admission under Section 30B.202(b)(1). | ||
Sec. 30B.204. INDUCEMENTS FOR ENROLLMENT PROHIBITED. An | ||
entity that operates a full-time virtual program may not promise or | ||
provide equipment or any other thing of value to a student or a | ||
student's parent as an inducement for the student to enroll in the | ||
full-time virtual program. | ||
Sec. 30B.205. FULL-TIME VIRTUAL PROGRAM DASHBOARD. (a) | ||
The agency shall develop and maintain on the agency's Internet | ||
website a dashboard that provides to the public information | ||
regarding the performance of full-time virtual programs. | ||
(b) The State Board of Education, with the agency's | ||
assistance, shall adopt a model achievement profile for use by the | ||
agency for purposes of providing the information required under | ||
Subsection (a). The model achievement profile must be developed to | ||
include: | ||
(1) the name of the entity that operates the program; | ||
(2) the entity's experience with operating other | ||
online educational programs; | ||
(3) the program's mission; | ||
(4) the accountability ratings of the program and each | ||
other full-time virtual program operated by the entity; | ||
(5) the entity's performance history in operating | ||
full-time virtual programs for the preceding three years; and | ||
(6) multiple measures of academic and educational | ||
performance, including: | ||
(A) the performance of students enrolled in the | ||
program on: | ||
(i) an assessment instrument in mathematics | ||
or reading administered under Section 39.023(a); | ||
(ii) an end-of-course assessment | ||
instrument in Algebra I, English I, or English II administered | ||
under Section 39.023(c); or | ||
(iii) an assessment instrument in | ||
mathematics or reading administered to students of limited English | ||
proficiency under Section 39.023(l); | ||
(B) if the program offers one or more high school | ||
grade levels, student progress toward college and career readiness; | ||
and | ||
(C) measures of education performance or other | ||
relevant indicators of program quality that assess the program's | ||
educational impact, including graduation rates and attendance | ||
rates. | ||
(c) Not later than November 1 of each year, the agency shall | ||
develop and post on the dashboard required by Subsection (a) an | ||
achievement profile for each full-time virtual program, using the | ||
model achievement profile adopted by the State Board of Education | ||
under Subsection (b). | ||
(d) For purposes of tracking academic mobility, a full-time | ||
virtual program shall solicit from the parent or guardian of each | ||
student enrolled in the program: | ||
(1) the reasons for enrolling the student in the | ||
program; and | ||
(2) the reasons for withdrawing the student from the | ||
program if the student has withdrawn from the program for a reason | ||
other than completion of the program. | ||
(e) Each full-time virtual program shall collect and report | ||
to the agency the following information to be included in the | ||
program's achievement profile: | ||
(1) the academic mobility information collected under | ||
Subsection (d); | ||
(2) data demonstrating student progress toward | ||
graduation, including measures of progress that account for the | ||
characteristics of each enrolled student consistent with | ||
evidence-based best practices, including a comparison of the | ||
student's age and number of course credits before and after | ||
enrolling in the program; | ||
(3) for a program that offers grade 12, the high school | ||
graduation rate of each student cohort; and | ||
(4) data relating to academic achievement and growth, | ||
including the duration of each student's enrollment in the program | ||
to facilitate a comparison of academic achievement and growth | ||
between student cohorts enrolled in the program for similar | ||
durations. | ||
Sec. 30B.206. INFORMATION REGARDING ENTITY CONTRACTED TO | ||
OPERATE FULL-TIME VIRTUAL PROGRAM. A school district, charter | ||
school, or public or private institution of higher education that | ||
contracts with an entity to operate a full-time virtual program for | ||
the district, school, or institution shall post on the district's, | ||
school's, or institution's Internet website: | ||
(1) the name of the entity that operates the program; | ||
(2) the entity's experience with operating other | ||
online educational programs; | ||
(3) the program's mission; | ||
(4) the accountability ratings of the program; and | ||
(5) the entity's performance history in operating the | ||
full-time virtual program for the preceding three years. | ||
Sec. 30B.207. COMPULSORY ATTENDANCE. The commissioner by | ||
rule shall adopt procedures for reporting and verifying the | ||
attendance of a student enrolled in a full-time virtual program. | ||
The rules: | ||
(1) must include procedures for reporting and | ||
verifying the attendance of a student during the periods the | ||
student receives synchronous instruction, asynchronous | ||
instruction, or both synchronous and asynchronous instruction; and | ||
(2) may modify the application of Sections 25.085, | ||
25.086, and 25.087 for a student enrolled in a full-time virtual | ||
program but must require participation in an educational program | ||
equivalent to the requirements prescribed by those sections. | ||
Sec. 30B.208. OPTION TO PROVIDE IN-PERSON INSTRUCTION. An | ||
entity operating a full-time virtual program may elect to offer a | ||
portion of a student's instruction in person. | ||
Sec. 30B.209. COURSE ELIGIBILITY. (a) A course offered by | ||
a full-time virtual program must be aligned with the essential | ||
knowledge and skills identified under Section 28.002(c) for the | ||
grade level. | ||
(b) If the essential knowledge and skills with which a | ||
course is aligned in accordance with Subsection (a) are modified, | ||
the entity operating the full-time virtual program must be provided | ||
the same period to revise the course to achieve alignment with the | ||
modified essential knowledge and skills as is provided for the | ||
modification of a course provided in a traditional classroom | ||
setting. | ||
Sec. 30B.210. APPLICABILITY OF ACCOUNTABILITY | ||
REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual | ||
program in the same manner that the chapter applies to a school | ||
district or open-enrollment charter school. | ||
(b) Each student enrolled in a subject or course in a | ||
full-time virtual program must take each assessment instrument | ||
under Section 39.023 that is administered to students who are | ||
provided instruction in the subject or course material in the | ||
traditional classroom setting. The administration of the | ||
assessment instrument to the student enrolled in the full-time | ||
virtual program must be supervised by a proctor. | ||
Sec. 30B.211. TEACHER AND INSTRUCTOR QUALIFICATIONS. (a) | ||
Each teacher at a full-time virtual program must: | ||
(1) be certified under Subchapter B, Chapter 21, to | ||
teach that course and grade level, if that certification would be | ||
required to teach equivalent in-person courses at: | ||
(A) a school district, if the teacher is employed | ||
by a school district; or | ||
(B) an open-enrollment charter school, if the | ||
teacher is employed by a charter school or public or private | ||
institution of higher education; and | ||
(2) successfully complete the appropriate | ||
professional development course provided under Section 30B.116(a) | ||
or 30B.117 before teaching at a full-time virtual program. | ||
(b) The commissioner by rule shall establish procedures for | ||
verifying successful completion by a teacher of the appropriate | ||
professional development course required by Subsection (a)(2). | ||
(c) The commissioner by rule shall establish qualifications | ||
and professional development requirements applicable to college | ||
instructors providing instruction in dual credit courses through a | ||
full-time virtual program that allow a student to earn high school | ||
credit and college credit or other credit. | ||
(d) Each full-time virtual program shall establish clear | ||
requirements relating to teacher responsiveness. | ||
Sec. 30B.212. FUNDING. (a) Except as provided by | ||
Subsection (b), a full-time virtual program in which a student | ||
described by Section 30B.002(a)(1) is enrolled is entitled to | ||
funding under Chapter 48 or in accordance with the terms of a | ||
charter granted under Chapter 12 for the student's enrollment in | ||
electronic courses in a full-time virtual program in the same | ||
manner that a school district or charter school would be entitled to | ||
funding for the student's enrollment in courses provided in a | ||
traditional classroom setting. | ||
(b) A student enrolled in a full-time virtual program | ||
operated by a school district or charter school who does not reside | ||
in the district or the geographic area served by the charter school | ||
may not be counted toward the district's or charter school's average | ||
daily attendance for purposes of an allotment under Section | ||
12.106(a-2), 48.101, or 48.111, as applicable. | ||
(c) A full-time virtual program may charge a fee for a | ||
student who does not qualify under Section 30B.002(a)(1). | ||
Sec. 30B.213. ENGAGEMENT POLICY. (a) Each full-time | ||
virtual program shall develop and adopt an engagement policy | ||
regarding the expectations for students enrolled in the program. | ||
The engagement policy must include: | ||
(1) academic and behavioral expectations; | ||
(2) intervention strategies, including a timeline for | ||
implementing the intervention strategies; and | ||
(3) the circumstances in which a student may be | ||
unenrolled from the program. | ||
(b) Before enrolling a student, a full-time virtual program | ||
shall provide a copy of the engagement policy adopted under | ||
Subsection (a) to the parent or guardian of the student. | ||
Sec. 30B.214. ORIENTATION COURSE. Each full-time virtual | ||
program shall require a student to take an orientation course | ||
before enrolling in the program. The agency shall provide guidance | ||
regarding the development and delivery of an orientation course. | ||
Sec. 30B.215. PARENT-TEACHER CONFERENCE. (a) Each | ||
full-time virtual program, on a periodic basis throughout each | ||
school year, shall communicate with each parent of or person | ||
standing in parental relation to an enrolled student regarding the | ||
performance and progress of the student. The program shall: | ||
(1) provide opportunities for parent-teacher | ||
conferences; | ||
(2) document any requests for parent-teacher | ||
conferences; and | ||
(3) permit students to participate in the | ||
parent-teacher conferences. | ||
(b) Parent-teacher conferences may be conducted in person | ||
or through electronic means. | ||
SECTION 14. Section 33.009(d), Education Code, is amended | ||
to read as follows: | ||
(d) An academy developed under this section must provide | ||
counselors and other postsecondary advisors with knowledge and | ||
skills to provide counseling to students regarding postsecondary | ||
success and productive career planning and must include information | ||
relating to: | ||
(1) each endorsement described by Section | ||
28.025(c-1), including: | ||
(A) the course requirements for each | ||
endorsement; and | ||
(B) the postsecondary educational and career | ||
opportunities associated with each endorsement; | ||
(2) available methods for a student to earn credit for | ||
a course not offered at the school in which the student is enrolled, | ||
including enrollment in an electronic course provided through the | ||
state online learning system [ |
||
30B [ |
||
(3) general academic performance requirements for | ||
admission to an institution of higher education, including the | ||
requirements for automatic admission to a general academic teaching | ||
institution under Section 51.803; | ||
(4) regional workforce needs, including information | ||
about the required education and the average wage or salary for | ||
careers that meet those workforce needs; and | ||
(5) effective strategies for engaging students and | ||
parents in planning for postsecondary education and potential | ||
careers, including participation in mentorships and business | ||
partnerships. | ||
SECTION 15. Section 48.104(f), Education Code, is amended | ||
to read as follows: | ||
(f) A student receiving a full-time virtual education under | ||
Chapter 30B [ |
||
included in determining the number of students who are | ||
educationally disadvantaged and reside in an economically | ||
disadvantaged census block group under Subsection (b) or (e), as | ||
applicable, if the school district or full-time virtual program | ||
submits to the commissioner a plan detailing the enhanced services | ||
that will be provided to the student and the commissioner approves | ||
the plan. | ||
SECTION 16. The following provisions of the Education Code | ||
are repealed: | ||
(1) the heading to Chapter 30A; | ||
(2) the heading to Subchapter A, Chapter 30A; | ||
(3) Section 30A.006; | ||
(4) the heading to Subchapter B, Chapter 30A; | ||
(5) Section 30A.053; | ||
(6) Section 30A.055; | ||
(7) Section 30A.056; | ||
(8) the heading to Subchapter C, Chapter 30A; | ||
(9) Section 30A.1042; | ||
(10) the heading to Subchapter D, Chapter 30A; and | ||
(11) Section 30A.152. | ||
SECTION 17. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 18. 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. | ||
* * * * * |