S.B. No. 1788
 
 
 
 
AN ACT
  relating to the creation and operation of a state virtual school
  network to provide education to students through electronic means.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 2, Education Code, is amended
  by adding Chapter 30A to read as follows:
  CHAPTER 30A.  STATE VIRTUAL SCHOOL NETWORK
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 30A.001.  DEFINITIONS.  In this chapter:
               (1)  "Administering authority" means the entity
  designated under Section 30A.053 to administer the state virtual
  school network.
               (2)  "Board" means the State Board of Education.
               (3)  "Course" means a course of study that meets the
  requirements of Section 30A.104.
               (4)  "Electronic course" means a course in which:
                     (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 open-enrollment charter
  school.
               (5)  "Electronic diagnostic assessment" means a
  formative or instructional assessment used in conjunction with an
  electronic course to ensure that:
                     (A)  a teacher of an electronic course has
  information related to a student's academic performance in that
  course; and
                     (B)  a student enrolled in an electronic course
  makes documented progress in mastering the content of the course.
               (6)  "Electronic professional development course"
  means a professional development course in which instruction and
  content are delivered primarily over the Internet.
               (7)  "Provider school district or school" means:
                     (A)  a school district or open-enrollment charter
  school that provides an electronic course through the state virtual
  school network to:
                           (i)  students enrolled in that district or
  school; or
                           (ii)  students enrolled in another school
  district or school; or
                     (B)  a public or private institution of higher
  education that provides a course through the state virtual school
  network.
               (8)  "Public or private institution of higher
  education" means:
                     (A)  an institution of higher education, as
  defined by Section 61.003; or
                     (B)  a private or independent institution of
  higher education, as defined by Section 61.003.
         Sec. 30A.002.  STUDENT ELIGIBILITY.  (a)  A student is
  eligible to enroll in a course provided through the state virtual
  school network only if the student:
               (1)  is younger than 21 years of age on September 1 of
  the school year;
               (2)  has not graduated from high school; and
               (3)  is otherwise eligible to enroll in a public school
  in this state.
         (b)  A student is eligible to enroll full-time in courses
  provided through the state virtual school network only if:
               (1)  the student was enrolled in a public school in this
  state in the preceding school year; or
               (2)  the student:
                     (A)  is a dependent of a member of the United
  States military;
                     (B)  was previously enrolled in high school in
  this state; and
                     (C)  does not reside in this state due to a
  military deployment or transfer.
         Sec. 30A.003.  PROVISION OF COMPUTER EQUIPMENT OR INTERNET
  SERVICE.  This chapter does not:
               (1)  require a school district, an open-enrollment
  charter school, a provider school district or school, or the state
  to provide a student with home computer equipment or Internet
  access for a course provided through the state virtual school
  network; or
               (2)  prohibit a school district or open-enrollment
  charter school from providing a student with home computer
  equipment or Internet access for a course provided through the
  state virtual school network.
         Sec. 30A.004.  APPLICABILITY OF CHAPTER.  (a)  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 open-enrollment
  charter school.
         (b)  This chapter does not affect the provision of distance
  learning courses offered under other law.
         (c)  A school district or open-enrollment charter school 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
  open-enrollment charter school.
         Sec. 30A.005.  TELECOMMUNICATIONS OR INFORMATION SERVICES
  NETWORK NOT CREATED.  This chapter does not create or authorize the
  creation of a telecommunications or information services network.
  [Sections 30A.006-30A.050 reserved for expansion]
  SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
         Sec. 30A.051.  GOVERNANCE OF NETWORK.  (a)  The commissioner
  shall:
               (1)  administer the state virtual school network; and
               (2)  ensure:
                     (A)  high-quality education for students in this
  state who are being educated through electronic courses provided
  through the state virtual school network; and
                     (B)  equitable access by students to those
  courses.
         (b)  The commissioner may adopt rules necessary to implement
  this chapter.
         (c)  To the extent practicable, the commissioner shall
  solicit advice from school districts concerning:
               (1)  administration of the state virtual school
  network; and
               (2)  adoption of rules under Subsection (b).
         Sec. 30A.052.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  
  (a)  The commissioner shall prepare or provide for preparation of a
  biennial budget request for the state virtual school network for
  presentation to the legislature.
         (b)  The commissioner has exclusive jurisdiction over the
  assets of the network and shall administer and spend appropriations
  made for the benefit of the network.
         (c)  The commissioner shall:
               (1)  employ a limited number of administrative
  employees in connection with the network; and
               (2)  contract with a regional education service center
  for the service center to operate the network.
         Sec. 30A.053.  DESIGNATION OF ADMINISTERING AUTHORITY.  The
  commissioner shall designate an agency employee or a group of
  agency employees to act as the administering authority for the
  state virtual school network.
         Sec. 30A.054.  REPORTS.  (a)  The commissioner shall prepare
  a report for each fiscal year documenting activities of the state
  virtual school network in accordance with this chapter.  Not later
  than January 31 of each year, the commissioner shall file the report
  for the preceding fiscal year with the governor, the lieutenant
  governor, and the speaker of the house of representatives.
         (b)  To the extent permitted under the Family Educational
  Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g):
               (1)  the report under Subsection (a) must include the
  results of assessment instruments administered to students
  enrolled in electronic courses under this chapter; and
               (2)  the commissioner shall make information relating
  to the performance of students enrolled in electronic courses under
  this chapter available to school districts, open-enrollment
  charter schools, and the public.
         (c)  The commissioner shall investigate alternative models
  for funding the operation of the state virtual school network and
  for student attendance in electronic courses provided through the
  network.  Not later than December 1, 2008, the commissioner shall
  submit a report to each member of the legislature that recommends:
               (1)  alternative funding models for the state virtual
  school network to:
                     (A)  ensure the quality of electronic courses
  provided through the network;
                     (B)  increase access through the network to more
  courses;
                     (C)  enable more students to take courses through
  the network;
                     (D)  sustain the network's operations; and
                     (E)  increase the network's ability to
  accommodate greater numbers of students and provide greater numbers
  of courses; and
               (2)  a system of indicators that would allow for
  comparison of the quality of different provider school districts'
  and schools' electronic courses for the same course, including
  comparison of:
                     (A)  student performance in the electronic
  courses;
                     (B)  the success of the electronic courses in
  preparing students for postsecondary education;
                     (C)  student performance on applicable state
  assessment instruments; and
                     (D)  other indicators as determined by the
  commissioner.
         (d)  Subsection (c) and this subsection expire January 15,
  2009.
         Sec. 30A.055.  LIMITATIONS ON ADMINISTERING AUTHORITY
  POWERS.  The administering authority may not provide educational
  services directly to a student.
         Sec. 30A.056.  CONTRACTS WITH VIRTUAL SCHOOL SERVICE
  PROVIDERS.  (a)  Each contract between a school district, an
  open-enrollment charter school, or a public or private institution
  of higher education and the administering authority must:
               (1)  provide that the administering authority may
  cancel the contract without penalty if legislative authorization
  for the district, school, or institution to offer an electronic
  course through the state virtual school network is revoked; and
               (2)  be submitted to the commissioner.
         (b)  A contract submitted under this section is public
  information for purposes of Chapter 552, Government Code.
  [Sections 30A.057-30A.100 reserved for expansion]
  SUBCHAPTER C.  PROVISION OF ELECTRONIC COURSES
         Sec. 30A.101.  ELIGIBILITY TO ACT AS PROVIDER SCHOOL
  DISTRICT OR SCHOOL.  (a)  A school district is eligible to act as a
  provider school district under this chapter only if the district is
  rated academically acceptable or higher under Section 39.072.
         (b)  An open-enrollment charter school is eligible to act as
  a provider school under this chapter only if the school is rated
  recognized or higher under Section 39.072, and may serve as a
  provider school only:
               (1)  to a student within the school district in which
  the school is located or within its service area, whichever is
  smaller; or
               (2)  to another student in the state through an
  agreement with the administering authority under Section 30A.153.
         Sec. 30A.102.  LISTING OF ELECTRONIC COURSES.  (a)  The
  administering authority shall:
               (1)  publish the criteria required by Section 30A.103
  for electronic courses that may be offered through the state
  virtual school network;
               (2)  using the criteria required by Section 30A.103,
  evaluate electronic courses submitted by a provider school district
  or school to be offered through the network;
               (3)  create a list of electronic courses approved by
  the administering authority; and
               (4)  provide public access to the list of approved
  electronic courses offered through the network and a detailed
  description of the courses that complies with Section 30A.108.
         (b)  To ensure that a full range of electronic courses,
  including advanced placement courses, are offered to students in
  this state, the administering authority:
               (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,
  open-enrollment charter schools, and public or private
  institutions of higher education for the purpose of offering the
  courses through the state virtual school network; and
               (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 state
  virtual school network.
         Sec. 30A.103.  CRITERIA FOR ELECTRONIC COURSES.  (a)  The
  board by rule shall establish an 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 administering authority to prohibit provider school
  districts or schools from applying for approval for an electronic
  course for a course for which essential knowledge and skills have
  been identified.
         (b)  The criteria must be consistent with Section 30A.104 and
  may not include any requirements that are 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 administering authority uses the criteria in evaluating an
  electronic course under Section 30A.105.
         Sec. 30A.104.  COURSE ELIGIBILITY IN GENERAL. A course
  offered through the state virtual school network must:
               (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); and
               (3)  be the equivalent in instructional rigor and scope
  to a course that is provided in a traditional classroom setting
  during:
                     (A)  a semester of 90 instructional days; and
                     (B)  a school day that meets the minimum length of
  a school day required under Section 25.082.
         Sec. 30A.1041.  DRIVER EDUCATION COURSES.  (a)  A school
  district, open-enrollment charter school, or public or private
  institution of higher education may seek approval to offer through
  the state virtual school network the classroom portion of a driver
  education and traffic safety course that complies with the
  requirements for the program developed under Section 29.902.
         (b)  A school district, open-enrollment charter school, or
  public or private institution of higher education may not offer
  through the state virtual school network the laboratory portion of
  a driver 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. 30A.105.  APPROVAL OF ELECTRONIC COURSES.  (a)  The
  administering authority shall:
               (1)  establish a schedule for an annual submission and
  approval process for electronic courses;
               (2)  evaluate electronic courses to be offered through
  the state virtual school network; and
               (3)  not later than August 1 of each year, approve
  electronic courses that:
                     (A)  meet the criteria established under Section
  30A.103; and
                     (B)  provide the minimum instructional rigor and
  scope required under Section 30A.104.
         (b)  The administering authority shall establish the cost of
  providing an electronic course approved under Subsection (a), which
  may not exceed $400 per student per course or $4,800 per full-time
  student.
         (c)  A school district, open-enrollment charter school, or
  public or private institution of higher education that submits an
  electronic course to the administering authority for approval must
  pay a fee in an amount established by the commissioner as sufficient
  to recover the reasonable costs to the administering authority in
  evaluating and approving electronic courses.
         (d)  The administering authority shall waive the fee
  required by Subsection (c) if a school district, open-enrollment
  charter school, or public or private institution of higher
  education applies for approval of an electronic course that was
  developed independently by the district, school, or institution.  
  For purposes of this subsection, an electronic course is developed
  independently by a district, school, or institution if a district,
  school, or institution employee is responsible for developing
  substantially each aspect of the course, including:
               (1)  determining the curriculum elements to be included
  in the course;
               (2)  selecting any instructional materials for the
  course;
               (3)  determining the manner in which instruction is to
  be delivered;
               (4)  creating a lesson plan or similar description of
  the instructional aspects of the course;
               (5)  determining any special projects or assignments a
  student in the course must complete; and
               (6)  determining the manner in which a student's
  progress in the course will be measured.
         Sec. 30A.106.  APPEAL TO COMMISSIONER.  (a)  A provider
  school district or school may appeal to the commissioner the
  administering authority's refusal to approve an electronic course
  under Section 30A.105.
         (b)  If the commissioner determines that the administering
  authority's evaluation did not follow the criteria or was otherwise
  irregular, the commissioner may overrule the administering
  authority and place the course on a list of approved courses.  The
  commissioner's decision under this section is final and may not be
  appealed.
         Sec. 30A.107.  OPTIONS FOR PROVIDERS AND STUDENTS.  (a)  A
  provider school district or school may offer electronic courses to:
               (1)  students who reside in this state; and
               (2)  students who reside outside this state and who
  meet the eligibility requirements under Section 30A.002(b).
         (b)  A student who is enrolled in a school district or
  open-enrollment charter school in this state as a full-time student
  may take one or more electronic courses through the state virtual
  school network.
         (c)  A student who resides in this state but who is not
  enrolled in a school district or open-enrollment charter school in
  this state as a full-time student may, subject to Section 30A.155,
  enroll in electronic courses through the state virtual school
  network.  A student to whom this subsection applies:
               (1)  may not in any semester enroll in more than two
  electronic courses offered through the state virtual school
  network;
               (2)  is not considered to be a public school student;
               (3)  must obtain access to a course provided through
  the network through the school district or open-enrollment charter
  school attendance zone in which the student resides;
               (4)  is not entitled to enroll in a course offered by a
  school district or open-enrollment charter school other than an
  electronic course provided through the network; and
               (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 open–enrollment charter school may
  not require a student to enroll in an electronic course.
         Sec. 30A.108.  INFORMED CHOICE REPORTS.  (a)  Not later than
  a date determined by the commissioner, the administering authority
  shall create and maintain on the state virtual school network's
  Internet website an "informed choice" report as provided by
  commissioner rule.
         (b)  Each report under this section must describe each
  electronic course offered through the state virtual school network
  and include information such as course requirements and the school
  year calendar for the course, including any options for continued
  participation outside of the standard school year calendar.
         Sec. 30A.109.  COMPULSORY ATTENDANCE.  The commissioner by
  rule shall adopt procedures for reporting and verifying the
  attendance of a student enrolled in an electronic course provided
  through the state virtual school network.  The rules may modify the
  application of Sections 25.085, 25.086, and 25.087 for a student
  enrolled in an electronic course.
         Sec. 30A.110.  APPLICABILITY OF ACCOUNTABILITY
  REQUIREMENTS.  (a)  Chapter 39 applies to an electronic course
  offered through the state virtual school network in the same manner
  that that chapter applies to any other course offered by a school
  district or open-enrollment charter school.
         (b)  Each student enrolled under this chapter in an
  electronic course offered through the state virtual school network
  must take any assessment instrument 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.
         (c)  A school district or open-enrollment charter school
  shall report to the commissioner through the Public Education
  Information Management System (PEIMS) the results of assessment
  instruments administered to students enrolled in an electronic
  course offered through the state virtual school network separately
  from the results of assessment instruments administered to other
  students.
         Sec. 30A.111.  TEACHER QUALIFICATIONS.  Each teacher of an
  electronic course offered by a school district or open-enrollment
  charter school through the state virtual school network must:
               (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 30A.112(a)
  before teaching an electronic course offered through the network.
         Sec. 30A.112.  EDUCATOR PROFESSIONAL DEVELOPMENT.  (a)  The
  state virtual school network shall provide or authorize providers
  of electronic professional development courses or programs to
  provide professional development for teachers who are teaching
  electronic courses through the network.
         (b)  The state virtual school network may provide or
  authorize providers of electronic professional development courses
  to provide professional development for:
               (1)  teachers who are teaching subjects or grade levels
  for which the teachers are not certified;
               (2)  teachers who must become highly qualified under
  Section 1119, No Child Left Behind Act of 2001 (20 U.S.C. Section
  6319); or
               (3)  teachers who must become qualified under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.).
         Sec. 30A.113.  CRITERIA FOR ELECTRONIC PROFESSIONAL
  DEVELOPMENT COURSES.  The commissioner by rule shall establish
  objective standard criteria for quality of an electronic
  professional development course provided under Section 30A.112.
         Sec. 30A.114.  REGIONAL EDUCATION SERVICE CENTERS.  The
  commissioner by rule shall allow regional education service centers
  to participate in the state virtual school network in the same
  manner as provider school districts and schools.
         Sec. 30A.115.  ADDITIONAL RESOURCES.  The commissioner by
  rule may establish procedures for providing additional resources,
  such as an online library, to students and educators served through
  the state virtual school network.  The administering authority may
  provide the additional resources only if the commissioner receives
  an appropriation, gift, or grant sufficient to pay the costs of
  providing those resources.
  [Sections 30A.116-30A.150 reserved for expansion]
  SUBCHAPTER D.  FUNDING
         Sec. 30A.151.  COSTS TO BE BORNE BY STATE.  (a)  Except as
  authorized by Section 30A.152 or this section, the state shall pay
  the cost of operating the state virtual school network.
         (b)  The operating costs of the state virtual school network
  may not be charged to a school district or open-enrollment charter
  school.
         (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)  State funds received by a school district or
  open-enrollment charter school under this chapter are in addition
  to any amounts to which the district or school is entitled to
  receive or retain under Chapter 12, 41, or 42 and are not subject to
  reduction under any provision of those chapters.
         (e)  State funds provided in connection with the state
  virtual school network may not be used in a manner that violates
  Section 7, Article I, Texas Constitution.
         Sec. 30A.152.  GRANTS AND FEDERAL FUNDS.  (a)  The
  commissioner may accept a grant for purposes of this chapter from a
  public or private person and shall use those funds in accordance
  with the commissioner's duties regarding the state virtual school
  network.
         (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.
         Sec. 30A.153.  ALLOCATION OF FUNDS FOR STUDENTS ENROLLED IN
  SCHOOL DISTRICTS AND OPEN-ENROLLMENT CHARTER SCHOOLS.  (a)  A
  school district or open-enrollment charter school in which a
  student is enrolled is entitled to receive state and local funding
  for a student enrolled in an electronic course offered through the
  state virtual school network in an amount equal to the cost of
  providing the electronic course, as established by commissioner
  rule, plus 20 percent.
         (b)  As determined by the commissioner for each approved
  course, a school district or open-enrollment charter school may
  receive payment for a student enrolled in an electronic course
  based on the student's:
               (1)  successful progress on or completion of modules of
  the course; or
               (2)  successful completion of a course.
         (c)  A provider school district or school, the school
  district or open-enrollment charter school in which a student is
  enrolled, and the administering authority shall enter into an
  agreement related to the payment of the cost of a student's
  enrollment in an electronic course.  The payment to a provider
  school district or school under this subsection may not exceed the
  cost of providing the electronic course, as established by
  commissioner rule.
         (d)  The agreement under Subsection (c) must:
               (1)  permit the school district or open-enrollment
  charter school in which the student is enrolled as a full-time
  student to retain, for the district's or school's administrative
  costs, an amount not to exceed 20 percent of the amount of funds the
  district or school receives under Subsection (a) in connection with
  the student; and
               (2)  identify the services each school district or
  open-enrollment charter school is required to provide to the
  student.
         (e)  The administering authority, with the approval of the
  commissioner, shall adopt a standard agreement under Subsection (c)
  that governs payment of funds and other matters relating to a
  student's enrollment in an electronic course offered through the
  state virtual school network.  Each school district or
  open-enrollment charter school participating in the state virtual
  school network shall use the standard agreement as provided by
  Subsection (c) unless:
               (1)  the district or school requests from the
  commissioner permission to modify the standard agreement; and
               (2)  the commissioner authorizes the modification.
         Sec. 30A.154.  FUNDING FOR ACCELERATED STUDENTS.  (a)  A
  school district or open-enrollment charter school may apply for
  additional funding for an accelerated student who is enrolled in
  more than the course load taken by a student in the equivalent grade
  level in other school districts or open–enrollment charter schools.
         (b)  The commissioner by rule shall set a limit on the total
  amount of funding for which an accelerated student is eligible.
         (c)  The legislature in the General Appropriations Act may
  limit the amount of funding and the number of courses eligible for
  funding under this section.
         Sec. 30A.155.  FEES.  (a)  A school district or
  open-enrollment charter school may charge a fee for enrollment in
  an electronic course provided through the state virtual school
  network to a student who resides in this state and:
               (1)  is enrolled in a school district or
  open-enrollment charter school as a full-time student;
               (2)  is enrolled in a course load greater than that
  normally taken by students in the equivalent grade level in other
  school districts or open-enrollment charter schools; and
               (3)  does not qualify for accelerated student funding
  under Section 30A.154.
         (b)  A school district or open-enrollment charter school
  shall charge a fee for enrollment in an electronic course provided
  through the state virtual school network to a student who resides in
  this state and is not enrolled in a school district or
  open-enrollment charter school as a full-time student.
         (c)  The amount of a fee charged a student under Subsection
  (a) or (b) for each electronic course in which the student enrolls
  through the state virtual school network may not exceed the lesser
  of:
               (1)  the cost of providing the course; or
               (2)  $400.
         (d)  Except as provided by Subsection (a) or (b), the state
  virtual school network may not charge a fee to students for
  electronic courses provided through the network.
         SECTION 2.  Chapter 26, Education Code, is amended by adding
  Section 26.0031 to read as follows:
         Sec. 26.0031.  RIGHTS CONCERNING STATE VIRTUAL SCHOOL
  NETWORK.  (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 an electronic course
  offered through the state virtual school network under Chapter 30A.
         (b)  A school district or open-enrollment charter school in
  which a student is enrolled as a full-time student may not
  unreasonably deny the request of a parent of a student to enroll the
  student in an electronic course offered through the state virtual
  school network under Chapter 30A.
         (c)  For purposes of Subsection (b), a school district or
  open-enrollment charter school is not considered to have
  unreasonably denied a request to enroll a student in an electronic
  course if:
               (1)  the district or school can demonstrate that the
  course does not meet state standards or standards of the district or
  school that are of equivalent rigor as the district's or school's
  standards for the same course provided in a traditional classroom
  setting;
               (2)  a student attempts to enroll in a course load that:
                     (A)  is inconsistent with the student's high
  school graduation plan; or
                     (B)  could reasonably be expected to negatively
  affect the student's performance on an assessment instrument
  administered under Section 39.023; or
               (3)  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
  open-enrollment charter school providing the course.
         (d)  Notwithstanding Subsection (c)(3), a school district or
  open-enrollment charter school that provides an electronic course
  through the state virtual school network under Chapter 30A shall
  make 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 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 3.  (a)  Subject to Subsection (b) of this section,
  the commissioner of education shall ensure that the state virtual
  school network under Chapter 30A, Education Code, as added by this
  Act, begins operations in a manner that allows students to enroll in
  electronic courses offered through the network beginning with the
  2008-2009 school year.
         (b)  The state virtual school network under Chapter 30A,
  Education Code, as added by this Act, shall provide electronic
  courses as follows:
               (1)  for the 2008-2009 school year, the network shall
  provide electronic courses for grades 9, 10, 11, and 12 only;
               (2)  for the 2009-2010 school year, the network shall
  provide electronic courses for the grades identified in Subdivision
  (1) of this subsection and grades six, seven, and eight only; and
               (3)  for the 2010-2011 and subsequent school years, the
  network shall provide electronic courses for all grades.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1788 passed the Senate on
  May 1, 2007, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 25, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1788 passed the House, with
  amendment, on May 23, 2007, by the following vote: Yeas 148,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor