Bill Text: TX HB681 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the provision of virtual education in public schools and to certain waivers and modifications by the commissioner of education to the method of calculating average daily attendance in an emergency or crisis for purposes of preserving school district funding entitlements under the Foundation School Program during that emergency or crisis; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2023-05-26 - Returned from the House for further action [HB681 Detail]

Download: Texas-2023-HB681-Comm_Sub.html

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By: Bell of Kaufman, et al. H.B. No. 681
(Senate Sponsor - Bettencourt)
(In the Senate - Received from the House April 20, 2023;
May 2, 2023, read first time and referred to Committee on
Education; May 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 681 By: Paxton

A BILL TO BE ENTITLED
AN ACT
relating to the provision of virtual education in public schools
and to certain waivers and modifications by the commissioner of
education to the method of calculating average daily attendance in
an emergency or crisis for purposes of preserving school district
funding entitlements under the Foundation School Program during
that emergency or crisis; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. VIRTUAL EDUCATION
SECTION 1.01. The heading to Section 26.0031, Education
Code, is amended to read as follows:
Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL COURSES
[SCHOOL NETWORK].
SECTION 1.02. Section 26.0031, Education Code, is amended
by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
adding Subsection (b-1) to read as follows:
(a) At the time and in the manner that a school district or
open-enrollment charter school informs students and parents 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 a virtual [an electronic] course
offered by the district or school in which the student is enrolled
or by another district or school [through the state virtual school
network] under Chapter 30B [30A].
(b) Except as provided by Subsection (c), a school district
or open-enrollment charter school in which a student is enrolled as
a full-time student may not deny the request of a parent of a
student to enroll the student in a virtual [an electronic] course
offered by the district or school in which the student is enrolled
or by another district or school [through the state virtual school
network] under Chapter 30B [30A].
(b-1) A school district or open-enrollment charter school
may not actively discourage a student, including by threat or
intimidation, from enrolling in a virtual course.
(c) A school district or open-enrollment charter school may
deny a request to enroll a student in a virtual [an electronic]
course if:
(1) a 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;
(2) the student requests permission to enroll in a
virtual [an electronic] course at a time that is not consistent with
the enrollment period established by the school district or
open-enrollment charter school providing the course; or
(3) the district or school determines that the cost of
the course is too high [offers a substantially similar course].
(c-1) A school district or open-enrollment charter school
may decline to pay the cost for a student of more than three
yearlong virtual [electronic] courses, or the equivalent, during
any school year. This subsection does not:
(1) limit the ability of the student to enroll in
additional virtual [electronic] courses at the student's cost; or
(2) apply to a student enrolled in a full-time virtual
[online] program [that was operating on January 1, 2013].
(d) Notwithstanding Subsection (c)(2), a school district or
open-enrollment charter school that provides a virtual [an
electronic] course [through the state virtual school network] under
Chapter 30B [30A] shall make all reasonable efforts to accommodate
the enrollment of a student in the course under special
circumstances.
(e) A school district or open-enrollment charter school
that denies a request to enroll a student in a virtual course under
Subsection (c) must provide a written explanation of the denial to
the student and the student's parent. The written explanation must
provide notice of the student's ability to appeal the decision and
an explanation of the appeal process, including the process of
pursuing a final appeal heard by the board of trustees of the
district or the governing board of the school. A determination made
by the board of trustees of the school district or the governing
board of the open-enrollment charter school [A parent may appeal to
the commissioner a school district's or open-enrollment charter
school's decision to deny a request to enroll a student in an
electronic course offered through the state virtual school network.
The commissioner's decision] under this subsection is final and may
not be appealed.
SECTION 1.03. Subtitle F, Title 2, Education Code, is
amended by adding Chapter 30B to read as follows:
CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL
CAMPUSES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 30B.001. DEFINITIONS. In this chapter:
(1) "Full-time hybrid campus" means a full-time
educational program authorized under Subchapter C in which:
(A) a student is in attendance in person for less
than 90 percent of the minutes of instruction provided; and
(B) the instruction and content may be delivered
over the Internet, in person, or through other means.
(2) "Full-time virtual campus" means a full-time
educational program authorized under Subchapter C in which:
(A) a student is in attendance in person
minimally or not at all; and
(B) the instruction and content are delivered
primarily over the Internet.
(3) "Parent" means a student's parent or a person
standing in parental relation to a student.
(4) "Virtual course" means a course in which
instruction and content are delivered primarily over the Internet.
(5) "Whole campus virtual instruction provider" means
a private or third-party service that provides oversight and
management of the virtual instruction services or otherwise
provides a preponderance of those services for a full-time virtual
or full-time hybrid campus.
Sec. 30B.002. RULES. (a) The commissioner shall adopt
rules as necessary to administer this chapter.
(b) To the extent practicable, the commissioner shall
consult school districts, open-enrollment charter schools, and
parents in adopting rules under this section.
(c) The agency may form an advisory committee similar to an
advisory committee described by Section 2110.001, Government Code,
to comply with the provisions of this section. Chapter 2110,
Government Code, does not apply to an advisory committee formed
under this section.
Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
of this chapter, the commissioner may seek and accept a grant from a
public or private person.
(b) For purposes of this chapter, the commissioner may
accept federal funds and shall use those funds in compliance with
applicable federal law, regulations, and guidelines.
Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
SERVICE. This chapter does not:
(1) require a school district, an open-enrollment
charter school, a virtual course provider, or the state to provide a
student with home computer equipment or Internet access for a
virtual course provided by a school district or open-enrollment
charter school; or
(2) prohibit a school district or open-enrollment
charter school from providing a student with home computer
equipment or Internet access for a virtual course provided by the
district or school.
SUBCHAPTER B. VIRTUAL COURSES
Sec. 30B.051. VIRTUAL COURSE INSTRUCTION PERMITTED. (a) A
school district or open-enrollment charter school may deliver
instruction through virtual courses in the manner provided by this
chapter.
(a-1) The following entities may deliver instruction
through virtual courses under this chapter in the same manner
provided for a school district or open-enrollment charter school:
(1) a consortium of school districts or
open-enrollment charter schools;
(2) an institution of higher education, as that term
is defined by Section 61.003; or
(3) a regional education service center.
(b) A school district or open-enrollment charter school
that delivers instruction through a virtual course shall develop
written information describing each virtual course available for
enrollment and complying with any other requirement of Section
26.0031.
(c) A school district or open-enrollment charter school
shall make information under this section available to students and
parents at the time students ordinarily select courses and may
provide that information to students and parents at other times as
determined by the district or school.
Sec. 30B.052. VIRTUAL COURSE QUALITY REQUIREMENTS. A
school district or open-enrollment charter school that offers a
virtual course under this chapter must certify to the commissioner
that the virtual course:
(1) includes the appropriate essential knowledge and
skills adopted under Subchapter A, Chapter 28;
(2) provides instruction at the appropriate level of
rigor for the grade level at which the course is offered and will
prepare a student enrolled in the course for the student's next
grade level or a subsequent course in a similar subject matter; and
(3) meets standards for virtual courses adopted by the
commissioner, or, if standards are not adopted by the commissioner
for virtual courses, the National Standards for Quality Online
Courses published by the Virtual Learning Leadership Alliance,
Quality Matters, and the Digital Learning Collaborative, or a
successor publication.
Sec. 30B.053. RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES.
(a) Except as provided by Section 30B.106(b), a school district or
open-enrollment charter school may not require a student to enroll
in a virtual course.
(b) A student enrolled in a virtual course offered under
this chapter 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.
(c) A virtual course offered under this chapter to a student
receiving special education services or other accommodations must
meet the needs of the participating student in a manner consistent
with Subchapter A, Chapter 29, 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), as applicable.
Sec. 30B.054. RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.
(a) A school district or open-enrollment charter school may not
require a classroom teacher to provide both virtual instruction and
in-person instruction for a course offered under this chapter
during the same class period. The commissioner may waive the
requirements of this subsection for courses included in the
enrichment curriculum under Section 28.002.
(b) A classroom teacher may not provide instruction for a
virtual course offered under this chapter unless:
(1) the teacher has received appropriate professional
development in virtual instruction, as determined by the school
district or open-enrollment charter school at which the teacher is
employed; or
(2) the district or school has determined that the
teacher has sufficient previous experience to not require the
professional development described by Subdivision (1).
(c) A school district or open-enrollment charter school may
not directly or indirectly coerce any classroom teacher hired to
provide in-person instruction to agree to an assignment to teach a
virtual course or a course at a full-time hybrid campus.
Sec. 30B.055. ASSESSMENTS. Except as authorized by
commissioner rule, an assessment instrument administered under
Section 39.023 or 39.025 to a student enrolled in a virtual course
offered under this chapter shall be administered to the student in
the same manner in which the assessment instrument is administered
to a student enrolled in an in-person course at the student's school
district or open-enrollment charter school.
Sec. 30B.056. TUITION AND FEES. A school district or
open-enrollment charter school may charge tuition and fees for a
virtual course provided to a student who:
(1) is not eligible to enroll in a public school in
this state; or
(2) is not enrolled in the school district or
open-enrollment charter school.
Sec. 30B.057. ATTENDANCE FOR CLASS CREDIT OR GRADE. A
school district or open-enrollment charter school shall establish
the participation necessary to earn credit or a grade for a virtual
course offered by the district or school notwithstanding Section
25.092.
Sec. 30B.058. FOUNDATION SCHOOL FUNDING. A student
enrolled in a virtual course offered under this chapter by a school
district or open-enrollment charter school is counted toward the
district's or school's average daily attendance in the same manner
as district or school students not enrolled in a virtual course.
Sec. 30B.059. AGENCY PUBLICATION OF AVAILABLE COURSES. (a)
The agency shall publish a list of virtual courses offered by school
districts and open-enrollment charter schools in this state that
includes:
(1) whether the course is available to a student who is
not otherwise enrolled in the offering district or school;
(2) the cost of the course; and
(3) information regarding any third-party provider
involved in the delivery of the course.
(b) A school district or open-enrollment charter school
shall provide to the agency information required to publish the
list under Subsection (a).
SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES
Sec. 30B.101. FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS
AUTHORIZATION. (a) A school district or open-enrollment charter
school may operate a full-time virtual campus or a full-time hybrid
campus if authorized by the commissioner in accordance with this
section.
(b) The commissioner shall adopt rules establishing the
requirements for and process by which a school district or
open-enrollment charter school may apply for authorization to
operate a full-time virtual campus or a full-time hybrid campus.
The rules adopted by the commissioner may require certain written
application materials and interviews and shall require a school
district or open-enrollment charter school to:
(1) engage in a year of planning before offering a
course under this chapter to verify the course is designed in
accordance with high-quality criteria;
(2) develop an academic plan that incorporates:
(A) curriculum and instructional practices
aligned with the appropriate essential knowledge and skills
provided under Subchapter A, Chapter 28;
(B) monitoring of the progress of student
performance and interventions;
(C) a method for meeting the needs of and
complying with federal and state requirements for special
populations and at-risk students; and
(D) compliance with the requirements of this
chapter;
(3) develop an operations plan that addresses:
(A) staffing models;
(B) the designation of selected school leaders;
(C) professional development for staff;
(D) student and family engagement;
(E) school calendars and schedules;
(F) student enrollment eligibility;
(G) cybersecurity and student data privacy
measures; and
(H) any educational services to be provided by a
private or third party; and
(4) demonstrate the capacity to execute the district's
or school's plan successfully.
(c) A full-time virtual campus or full-time hybrid campus
authorized under this section must include:
(1) at least one grade level in which an assessment
instrument is required to be administered under Section 39.023(a)
or (c), including each subject or course for which an assessment
instrument is required in that grade level;
(2) sufficient grade levels, as determined by the
commissioner, to allow for the annual evaluation of the performance
of students who complete the courses offered; or
(3) for a campus that does not include grade levels
described by Subdivision (1) or (2), another performance evaluation
measure approved by the commissioner during the authorization
process.
(d) A campus approved under this subchapter may only apply
for and receive authorization to operate as a full-time virtual
campus or a full-time hybrid campus. A campus may not change its
operation designation during the authorization process or after the
campus is authorized.
(e) The commissioner may only authorize a school district or
open-enrollment charter school to operate a full-time virtual
campus or a full-time hybrid campus if the commissioner determines
that the authorization of the campus is likely to result in improved
student learning opportunities. If a district or school will use a
private or third party in operating the campus, the commissioner
shall consider the historical performance of the private or third
party, if known, in making a determination under this section.
(f) A determination made by the commissioner under this
section is final and not subject to appeal.
Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
by this section, the commissioner's authorization of a full-time
virtual campus or full-time hybrid campus under Section 30B.101
continues indefinitely.
(b) The commissioner shall revoke the authorization of a
full-time virtual campus or full-time hybrid campus if the campus
has been assigned, for the three preceding school years:
(1) an unacceptable performance rating under
Subchapter C, Chapter 39;
(2) a financial accountability performance rating
under Subchapter D, Chapter 39, indicating financial performance
lower than satisfactory;
(3) any combination of the ratings described by
Subdivision (1) or (2); or
(4) a rating of performance that needs improvement or
unacceptable, as determined by the commissioner, on a performance
evaluation approved by the commissioner under Section
30B.101(c)(3).
(c) The commissioner may, based on a special investigation
conducted under Section 39.003:
(1) revoke an authorization of a full-time virtual
campus or full-time hybrid campus; or
(2) require any intervention authorized under that
section.
(d) If a private or third party is determined to be
ineligible under Section 30B.104, the commissioner shall revoke an
authorization of a full-time virtual campus or full-time hybrid
campus for which the private or third party acts as a whole campus
virtual instruction provider, unless the commissioner approves a
request by the school district or open-enrollment charter school
that operates the campus to use an alternative private or third
party.
(e) An appeal by a school district or open-enrollment
charter school of a revocation of an authorization under this
chapter that results in the closure of a campus must be made under
Section 39A.301.
Sec. 30B.103. REVISION RELATING TO A PRIVATE OR THIRD
PARTY. A school district or open-enrollment charter school shall
provide notice to the commissioner of the use of or change in
affiliation of a private or third party acting as a whole campus
virtual instruction provider for the full-time virtual campus or
full-time hybrid campus.
Sec. 30B.104. PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)
The commissioner shall, to the extent feasible, evaluate the
performance of a private or third party acting as a whole campus
virtual instruction provider for a school district or
open-enrollment charter school.
(b) The commissioner shall establish a standard to
determine if a private or third party is ineligible to act as a
whole campus virtual education provider. A private or third party
determined to be ineligible under this section remains ineligible
until after the fifth anniversary of that determination.
Sec. 30B.105. STUDENT ELIGIBILITY. (a) A student eligible
to enroll in a public school of this state is eligible to enroll at a
full-time hybrid campus.
(b) A student is eligible to enroll in a full-time virtual
campus if the student:
(1) attended a public school in this state for a
minimum of six weeks in the current school year or in the preceding
school year;
(2) is, in the school year in which the student first
seeks to enroll in the full-time virtual campus, enrolled in the
first grade or a lower grade level;
(3) was not required to attend public school in this
state due to nonresidency during the preceding school year;
(4) is a dependent of a member of the United States
military who has been deployed; or
(5) has been placed in substitute care in this state.
Sec. 30B.106. STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL
AND FULL-TIME HYBRID CAMPUSES. (a) A student enrolled in a school
district may not be compelled to enroll in a full-time virtual or
full-time hybrid campus. A school district must offer the option
for a student's parent to select in-person instruction for the
student.
(b) Notwithstanding Subsection (a) or Section 30B.053, an
open-enrollment charter school may require a student to attend a
full-time virtual or full-time hybrid campus.
Sec. 30B.107. CAMPUS DESIGNATIONS. The commissioner shall
determine and assign a unique campus designation number to each
full-time virtual campus or full-time hybrid campus authorized
under this subchapter.
Sec. 30B.108. FUNDING. (a) For purposes of calculating the
average daily attendance of students attending a full-time virtual
campus or full-time hybrid campus, the commissioner shall use the
number of full-time equivalent students enrolled in the full-time
virtual or full-time hybrid campus multiplied by the average
attendance rate of the school district or open-enrollment charter
school that offers the full-time virtual or full-time hybrid campus
not including any student enrolled full-time in a full-time virtual
or full-time hybrid campus. In the event that a reliable attendance
rate cannot be determined under this section, the commissioner
shall use the statewide average attendance rate.
(b) The commissioner shall provide proportionate funding to
the applicable school district or open-enrollment charter school
for a student that alternates attendance between a traditional,
in-person campus setting and the full-time virtual or full-time
hybrid campus of any single district or school in the same school
year.
SUBCHAPTER D. STATE SUPPORT
Sec. 30B.151. EDUCATOR PROFESSIONAL DEVELOPMENT. From
funds appropriated or otherwise available, the agency shall develop
professional development courses and materials aligned with
research-based practices for educators in providing high-quality
virtual education.
Sec. 30B.152. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
From funds appropriated or otherwise available, the agency shall
provide grants and technical assistance to school districts and
open-enrollment charter schools to aid in the establishment of
high-quality full-time virtual or full-time hybrid campuses.
SECTION 1.04. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0071 to read as follows:
Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
EXPULSION. (a) Except as provided by Subsection (b), before a
school district or open-enrollment charter school may expel a
student, the district or school shall consider the appropriateness
and feasibility of enrolling the student in a full-time virtual
education program as an alternative to expulsion.
(b) Subsection (a) does not apply to a student expelled
under Section 37.0081 or 37.007(a), (d), or (e).
ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM
SECTION 2.01. Section 48.005, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) In a school year in which the occurrence of an
emergency or crisis, as defined by commissioner rule, causes a
statewide decrease in average daily attendance of school districts
entitled to funding under this chapter or, for an emergency or
crisis occurring only within a specific region of this state,
causes a regional decrease in the average daily attendance of
school districts located in the affected region, the commissioner
shall modify or waive requirements applicable to the affected
districts under this section and adopt appropriate safeguards as
necessary to ensure the continued support and maintenance of an
efficient system of public free schools and the continued delivery
of high-quality instruction under that system.
SECTION 2.02. Section 48.053(b), Education Code, is amended
to read as follows:
(b) A school district to which this section applies is
entitled to funding under this chapter as if the district were a
full-time virtual campus or full-time hybrid campus for purposes of
Section 30B.108 with [had] no tier one local share for purposes of
Section 48.256 for each student enrolled in the district:
(1) who resides in this state; or
(2) who:
(A) is a dependent of a member of the United
States military;
(B) was previously enrolled in school in this
state; and
(C) does not reside in this state due to a
military deployment or transfer.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. 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, or Subchapter E of Chapter 30, [or Chapter 30A,]
this code does not apply to students, facilities, or programs under
the jurisdiction of the Department of Aging and Disability
Services, the Department of State Health Services, the Health and
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 3.02. Section 7.0561(f), Education Code, is amended
to read as follows:
(f) In consultation with interested school districts,
open-enrollment charter schools, and other appropriate 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 virtual courses offered by school districts and
open-enrollment charter schools under Chapter 30B [through the
state virtual school network under Subchapter 30A];
(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 3.03. 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, virtual
[electronic] courses provided under Chapter 30B [30A], and
after-school tutoring 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 3.04. 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 a virtual [an electronic] course provided
[through the state virtual school network] under Chapter 30B [30A];
(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 3.05. Section 48.104(f), Education Code, is amended
to read as follows:
(f) A student receiving a full-time virtual education
provided through a full-time virtual campus under Chapter 30B
[through the state virtual school network] may be 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 submits to the commissioner a plan detailing the
enhanced services that will be provided to the student and the
commissioner approves the plan.
SECTION 3.06. Section 48.111(b), Education Code, is amended
to read as follows:
(b) For purposes of Subsection (a), in determining the
number of students enrolled in a school district, the commissioner
shall exclude students enrolled in the district who receive
full-time instruction provided through a full-time virtual campus
under Chapter 30B [through the state virtual school network under
Chapter 30A].
ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 4.01. The following provisions of the Education
Code are repealed:
(1) Section 21.051(g);
(2) Section 25.092(a-4);
(3) Section 26.0031(f);
(4) Section 29.9091;
(5) Chapter 30A;
(6) Section 39.0549;
(7) Sections 39.301(c-1) and (c-2);
(8) Sections 48.005(h-1), (m-1), and (m-2);
(9) Sections 48.053(b-1) and (b-2); and
(10) Section 48.0071.
SECTION 4.02. (a) Notwithstanding the repeal by this Act of
Chapter 30A, Education Code, a school district or open-enrollment
charter school providing an electronic course or a full-time
program through the state virtual school network in accordance with
Chapter 30A, Education Code, as that law existed immediately before
the effective date of this Act, may, except as provided by
Subsection (b) of this section, continue to provide that course or
full-time program as if that chapter were still in effect until the
end of the 2024-2025 school year.
(b) The funding provided to a school district or
open-enrollment charter school for a student enrolled in an
electronic course or full-time program offered through the state
virtual school network in accordance with Chapter 30A, Education
Code, as that law existed immediately before the effective date of
this Act, shall be determined, as applicable, under Section 30B.058
or 30B.108, Education Code, as added by this Act.
SECTION 4.03. (a) Notwithstanding the repeal by this Act of
Section 29.9091, Education Code, a school district or
open-enrollment charter school operating a full-time local remote
learning program in accordance with Section 29.9091, Education
Code, as that law existed immediately before the effective date of
this Act, may, except as provided by Subsections (b) and (c) of this
section, continue to operate the local remote learning program as
if that section were still in effect until the end of the 2024-2025
school year.
(b) A local remote learning program operated by a school
district in accordance with Section 29.9091, Education Code, as
that section existed immediately before the effective date of this
Act, must operate in compliance with Section 30B.105, Education
Code, as added by this Act, and may not operate in compliance with
Section 29.9091(d) or (e) or Section 48.005(m-1), Education Code,
as those sections existed immediately before the effective date of
this Act.
(c) The funding provided to a school district or
open-enrollment charter school for a student enrolled in a local
remote learning program operated in accordance with Section
29.9091, Education Code, as that law existed immediately before the
effective date of this Act, shall be determined under Section
30B.108, Education Code, as added by this Act.
SECTION 4.04. (a) Notwithstanding the repeal by this Act of
Section 48.0071, Education Code, a school district or
open-enrollment charter school providing an off-campus electronic
course, off-campus electronic program, or instructional program
that combines in-person instruction and off-campus electronic
instruction in accordance with Section 48.0071, Education Code, as
that law existed immediately before the effective date of this Act,
may, except as provided by Subsections (b) and (c) of this section,
continue to provide the off-campus electronic course, off-campus
electronic program, or instructional program that combines
in-person instruction and off-campus electronic instruction as if
that section were still in effect until the end of the 2024-2025
school year.
(b) An off-campus electronic course, off-campus electronic
program, or instructional program that combines in-person
instruction and off-campus electronic instruction provided by a
school district in accordance with Section 48.0071, Education Code,
as that section existed immediately before the effective date of
this Act, must operate in compliance with Section 30B.105,
Education Code, as added by this Act, and may not operate in
compliance with Section 48.005(m-1), Education Code, as that
section existed immediately before the effective date of this Act.
(c) The funding provided to a school district or
open-enrollment charter school for a student enrolled in an
off-campus electronic course, off-campus electronic program, or
instructional program that combines in-person instruction and
off-campus electronic instruction provided in accordance with
Section 48.0071, Education Code, as that law existed immediately
before the effective date of this Act, shall be determined under
Section 30B.108, Education Code, as added by this Act.
SECTION 4.05. The commissioner of education shall adopt
rules providing an expedited authorization process for a school
district or open-enrollment charter school that applies to operate
a full-time virtual campus or a full-time hybrid campus under
Chapter 30B, Education Code, as added by this Act, if the district
or school, as of the effective date of this Act:
(1) operates an electronic course or full-time program
through the state virtual school network in accordance with Chapter
30A, Education Code, as that law existed immediately before the
effective date of this Act;
(2) operates a local remote learning program under
Section 29.9091, Education Code, as that law existed immediately
before the effective date of this Act; or
(3) provides electronic instruction in accordance
with Section 48.0071, Education Code, as that law existed
immediately before the effective date of this Act.
SECTION 4.06. (a) Notwithstanding any other section of
this Act, in a state fiscal year, the Texas Education Agency is not
required to implement a provision found in another section of this
Act that is drafted as a mandatory provision imposing a duty on the
agency to take an action unless money is specifically appropriated
to the agency for that fiscal year to carry out that duty. The Texas
Education Agency may implement the provision in that fiscal year to
the extent other funding is available to the agency to do so.
(b) If, as authorized by Subsection (a) of this section, the
Texas Education Agency does not implement the mandatory provision
in a state fiscal year, the agency, in its legislative budget
request for the next state fiscal biennium, shall certify that fact
to the Legislative Budget Board and include a written estimate of
the costs of implementing the provision in each year of that next
state fiscal biennium.
(c) This section and the suspension of the Texas Education
Agency's duty to implement a mandatory provision of this Act, as
provided by Subsection (a) of this section, expires and the duty to
implement the mandatory provision resumes on September 1, 2027.
SECTION 4.07. 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, 2023.
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