H.B. No. 1926
 
 
 
 
AN ACT
  relating to the operation of the state virtual school network and
  courses provided through other distance learning arrangements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.0031, Education Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections (c-1)
  and (f) to read as follows:
         (b)  Except as provided by Subsection (c), a [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)  A [For purposes of Subsection (b), a] school district or
  open-enrollment charter school may deny [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 requirements for college admission or
  earning an industry certification;
               (2)  [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; or
               (3)  the district or school 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 electronic courses, or the equivalent, during any school
  year. This subsection does not:
               (1)  limit the ability of the student to enroll in
  additional electronic courses at the student's cost; or
               (2)  apply to a student enrolled in a full-time online
  program that was operating on January 1, 2013.
         (d)  Notwithstanding Subsection (c)(2) [(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.
         (f)  A school district or open-enrollment charter school
  from which a parent of a student requests permission to enroll the
  student in an electronic course offered through the state virtual
  school network under Chapter 30A has discretion to select a course
  provider approved by the network's administering authority for the
  course in which the student will enroll based on factors including
  the informed choice report in Section 30A.108(b).
         SECTION 2.  Subchapter Z, Chapter 29, Education Code, is
  amended by adding Section 29.909 to read as follows:
         Sec. 29.909.  DISTANCE LEARNING COURSES. (a) A school
  district or open-enrollment charter school that provides a course
  through distance learning and seeks to inform other districts or
  schools of the availability of the course may submit information to
  the agency regarding the course, including the number of positions
  available for student enrollment in the course. The district or
  school may submit updated information at the beginning of each
  semester.
         (b)  The agency shall make information submitted under this
  section available on the agency's Internet website.
         (c)  The commissioner may adopt rules necessary to implement
  this section, including rules governing student enrollment. The
  commissioner may not adopt rules governing course pricing, and the
  price for a course shall be determined by the school districts or
  open-enrollment charter schools involved.
         SECTION 3.  Sections 30A.001(7) and (8), Education Code, are
  amended to read as follows:
               (7)  "Course provider [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, nonprofit entity, or private entity that provides a
  course through the state virtual school network; or
                     (C)  an entity that provides an electronic
  professional development 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 20 U.S.C. Section 1001 [Section 61.003; or
                     [(B)     a private or independent institution of
  higher education, as defined by Section 61.003].
         SECTION 4.  Section 30A.003, Education Code, is amended to
  read as follows:
         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 course 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.
         SECTION 5.  Section 30A.007, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A school district or open-enrollment charter school
  shall adopt a written policy that provides district or school
  students with the opportunity to enroll in electronic courses
  provided through the state virtual school network.  The policy must
  be consistent with the requirements imposed by Section 26.0031.
         (a-1)  A school district or open-enrollment charter 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.
         SECTION 6.  Section 30A.056(a), Education Code, is amended
  to read as follows:
         (a)  Each contract between a course provider [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 course provider [district, school, or institution] to offer
  an electronic course through the state virtual school network is
  revoked; and
               (2)  be submitted to the commissioner.
         SECTION 7.  The heading to Section 30A.101, Education Code,
  is amended to read as follows:
         Sec. 30A.101.  ELIGIBILITY TO ACT AS COURSE PROVIDER [SCHOOL
  DISTRICT OR SCHOOL].
         SECTION 8.  Section 30A.101, Education Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  A school district or open-enrollment charter school is
  eligible to act as a course provider [school district] under this
  chapter only if the district or school is rated acceptable [or
  higher] under Section 39.054.  An open-enrollment charter school
  may serve as a course provider only:
               (1)  to a student within its service area; or
               (2)  to another student in the state:
                     (A)  through an agreement with the school district
  in which the student resides; or
                     (B)  if the student receives educational services
  under the supervision of a juvenile probation department, the Texas
  Juvenile Justice Department, or the Texas Department of Criminal
  Justice, through an agreement with the applicable agency.
         (c)  A nonprofit entity, private entity, or corporation is
  eligible to act as a course provider under this chapter only if the
  nonprofit entity, private entity, or corporation:
               (1)  complies with all applicable federal and state
  laws prohibiting discrimination;
               (2)  demonstrates financial solvency; and
               (3)  provides evidence of prior successful experience
  offering online courses to middle or high school students, with
  demonstrated student success in course completion and performance,
  as determined by the commissioner.
         (d)  An entity other than a school district or
  open-enrollment charter school is not authorized to award course
  credit or a diploma for courses taken through the state virtual
  school network.
         SECTION 9.  Section 30A.102, Education Code, is amended to
  read as follows:
         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 course 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)  publish in a prominent location on the network's
  Internet website [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, and other eligible entities 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.
         (c)  The administering authority shall develop a
  comprehensive course numbering system for all courses offered
  through the state virtual school network to ensure, to the greatest
  extent possible, consistent numbering of similar courses offered
  across all course providers.
         SECTION 10.  Section 30A.1021(c), Education Code, is amended
  to read as follows:
         (c)  The administering authority shall provide 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 [school district or school].
         SECTION 11.  Section 30A.103(a), Education Code, is amended
  to read as follows:
         (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 a
  course 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.
         SECTION 12.  Section 30A.104(b), Education Code, is amended
  to read as follows:
         (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 [school district or school] must be
  provided the same time 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.
         SECTION 13.  Sections 30A.1041(a) and (b), Education Code,
  are amended to read as follows:
         (a)  A school district, open-enrollment charter school, [or]
  public or private institution of higher education, or other
  eligible entity 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, or other
  eligible entity may not offer through the state virtual school
  network the laboratory portion of a driver education and traffic
  safety course.
         SECTION 14.  Subchapter C, Chapter 30A, Education Code, is
  amended by adding Section 30A.1042 to read as follows:
         Sec. 30A.1042.  RECIPROCITY AGREEMENTS WITH OTHER STATES.
  (a) The administering authority may enter into a reciprocity
  agreement with one or more other states to facilitate expedited
  course approval.
         (b)  An agreement under this section must ensure that any
  course approved in accordance with the agreement:
               (1)  is evaluated to ensure compliance with Sections
  30A.104(a)(1) and (2) before the course may be offered through the
  state virtual school network; and
               (2)  meets the requirements of Section 30A.104(a)(3).
         SECTION 15.  Section 30A.105, Education Code, is amended by
  amending Subsections (a), (a-1), and (d) and adding Subsection (e)
  to read as follows:
         (a)  The administering authority shall:
               (1)  establish a [schedule for an annual] submission
  and approval process for electronic courses that occurs on a
  rolling basis; and
               (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].
         (a-1)  The administering authority shall publish the
  submission and approval process for electronic courses [schedule]
  established under Subsection (a)(1), including any deadlines
  [specified in that schedule,] and [any] guidelines applicable to
  the [submission and approval] process [for electronic courses].
         (d)  If the agency determines that the costs of evaluating
  and approving a submitted electronic course will not be paid by the
  agency due to a shortage of funds available for that purpose, the
  school district, open-enrollment charter school, [or] public or
  private institution of higher education, or other eligible entity
  that submitted the course for evaluation and approval may pay a fee
  equal to the amount of the costs in order to ensure that evaluation
  of the course occurs.  The agency shall establish and publish a fee
  schedule for purposes of this subsection.
         (e)  The administering authority shall 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.
         SECTION 16.  Subchapter C, Chapter 30A, Education Code, is
  amended by adding Section 30A.1052 to read as follows:
         Sec. 30A.1052.  INDUCEMENTS FOR ENROLLMENT 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 state virtual school network.
         (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.
         SECTION 17.  Section 30A.106(a), Education Code, is amended
  to read as follows:
         (a)  A course provider [school district or school] may appeal
  to the commissioner the administering authority's refusal to
  approve an electronic course under Section 30A.105.
         SECTION 18.  Section 30A.107(a), Education Code, is amended
  to read as follows:
         (a)  A course provider [school district or school] may offer
  electronic courses to:
               (1)  students and adults who reside in this state; and
               (2)  students who reside outside this state and who
  meet the eligibility requirements under Section 30A.002(c).
         SECTION 19.  Section 30A.108(b), Education Code, is amended
  to read as follows:
         (b)  Each report under this section must describe each
  electronic course offered through the state virtual school network
  and include the following information:
               (1)  [such as] course requirements;
               (2)  [and] 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.
         SECTION 20.  Section 30A.1121, Education Code, is amended to
  read as follows:
         Sec. 30A.1121.  ALTERNATIVE EDUCATOR PROFESSIONAL
  DEVELOPMENT. (a) Subject to Subsection (b), a course provider
  [school district or open-enrollment charter school] may provide
  professional development courses to teachers seeking to become
  authorized to teach electronic courses provided through the state
  virtual school network.  A course provider [district or school] may
  provide a professional development course that is approved under
  Subsection (b) to any interested teacher, regardless of [whether]
  the teacher's employer [teacher is employed by the district or
  school].
         (b)  The agency shall review each professional development
  course sought to be provided by a course provider [school district
  or open-enrollment charter school] under Subsection (a) to
  determine if the course meets the quality standards established
  under Section 30A.113.  If a course meets those standards, the
  course provider [district or school] may provide the course for
  purposes of enabling a teacher to comply with Section
  30A.111(a)(2).
         SECTION 21.  Section 30A.114, Education Code, is amended to
  read as follows:
         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 course providers [provider school districts and schools].
         SECTION 22.  Section 30A.153, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  Subject to the limitation imposed under Subsection
  (a-1), a [A] school district or open-enrollment charter school in
  which a student is enrolled is entitled to funding under Chapter 42
  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 state virtual school network 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.
         (a-1)  For purposes of Subsection (a), a school 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, unless the student is
  enrolled in a full-time online program that was operating on
  January 1, 2013.
         (b)  The commissioner, after considering comments from
  school district and open-enrollment charter school
  representatives, shall adopt a standard agreement that governs the
  costs, payment of funds, and other matters relating to a student's
  enrollment in an electronic course offered through the state
  virtual school network.  The agreement may not require a school
  district or open-enrollment charter school to pay the provider the
  full amount until the student has successfully completed the
  electronic course, and the full amount may not exceed the limits
  specified by Section 30A.105(b).
         SECTION 23.  Section 30A.155, Education Code, is amended by
  amending Subsections (a) and (c-1) and adding Subsection (e) to
  read as follows:
         (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 with[; and
               [(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; or
               (2)  elects to enroll in an electronic course provided
  through the network for which the school district or
  open-enrollment charter school in which the student is enrolled as
  a full-time student declines to pay the cost, as authorized by
  Section 26.0031(c-1).
         (c-1)  A school district or open-enrollment charter school
  that is not the course provider [school district or school] 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 state
  virtual school network that exceeds the course load 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.
         (e)  This chapter does not entitle a student who is not
  enrolled on a full-time basis in a school district or
  open-enrollment charter school to the benefits of the Foundation
  School Program.
         SECTION 24.  Subchapter A, Chapter 32, Education Code, is
  amended by adding Section 32.005 to read as follows:
         Sec. 32.005.  STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES.
  (a)  The commissioner shall conduct a study to assess the network
  capabilities of each school district. The study must gather
  sufficient information to determine whether the network
  connections of a district and school campuses in the district meet
  the following targets:
               (1)  an external Internet connection to a campus's
  Internet service provider featuring a bandwidth capable of a
  broadband speed of at least 100 megabits per second for every 1,000
  students and staff members; and
               (2)  an internal wide area network connection between
  the district and each of the school campuses in the district
  featuring a bandwidth capable of a broadband speed of at least one
  gigabit per second for every 1,000 students and staff members.
         (b)  The commissioner may solicit and accept gifts and grants
  from any public or private source to conduct the study. The
  commissioner may also cooperate or collaborate with national
  organizations conducting similar studies.
         (c)  The commissioner shall complete the study not later than
  December 1, 2015.  This section expires December 1, 2016.
         SECTION 25.  Section 30A.101(b), Education Code, as amended
  by Chapters 895 (H.B. 3) and 1328 (H.B. 3646), Acts of the 81st
  Legislature, Regular Session, 2009, is repealed.
         SECTION 26.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 27.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1926 was passed by the House on May 4,
  2013, by the following vote:  Yeas 104, Nays 32, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1926 on May 24, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1926 on May 26, 2013, by the following vote:  Yeas 140,
  Nays 1, 3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1926 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 26, Nays
  5; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1926 on May 26, 2013, by the following vote:  Yeas 26, Nays 5.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor