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  83R24885 E
 
  By: King of Hemphill, Deshotel, Villarreal, H.B. No. 1926
      Farney, Ratliff
 
  Substitute the following for H.B. No. 1926:
 
  By:  Aycock C.S.H.B. No. 1926
 
 
 
A BILL TO BE ENTITLED
 
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 Subsection (c-1)
  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; [or
                     [(B)     could reasonably be expected to negatively
  affect the student's performance on an assessment instrument
  administered under Section 39.023; or]
               (2) [(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 entity [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 limit the ability of the student to
  enroll in additional electronic courses at the student's cost.
         (d)  Notwithstanding Subsection (c)(2) [(c)(3)], an entity
  [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.
         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 that provides a course through distance learning and seeks
  to inform other school districts 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 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
  involved.
         SECTION 3.  Section 30A.001(7), Education Code, is 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)  a corporation that provides an electronic
  professional development course through the state virtual school
  network.
         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.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 6.  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 7.  Section 30A.101, Education Code, is amended by
  amending Subsection (a) and adding Subsections (b) and (c) to read
  as follows:
         (a)  A school district is eligible to act as a course
  provider [school district] under this chapter only if the district
  is rated acceptable [or higher] under Section 39.054.
         (b)  An open-enrollment charter school is eligible to act as
  a course provider under this chapter only if the school is rated
  acceptable or higher under Section 39.054, except that a school may
  act as a course provider to students receiving educational services
  under the supervision of a juvenile probation department, the Texas
  Youth Commission, or the Texas Department of Criminal Justice if
  the school is rated academically acceptable or higher.  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
  Youth Commission, 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)  possesses prior successful experience offering
  online courses to elementary, middle, junior high, or high school
  students, as determined by the commissioner; and
               (3)  demonstrates financial solvency.
         SECTION 8.  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)  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.
         SECTION 9.  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 10.  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 11.  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 12.  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 13.  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 14.  Section 30A.105, Education Code, is amended by
  amending Subsection (d) and adding Subsection (e) to read as
  follows:
         (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 15.  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 16.  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 17.  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 18.  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 19.  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 20.  Sections 30A.153(a), (b), and (c), Education
  Code, are amended to read as follows:
         (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.
         (b)  The commissioner[, after considering comments from
  school district and open-enrollment charter school
  representatives,] shall negotiate an agreement with each course
  provider [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).
         (c)  A school district or open-enrollment charter school
  shall use the applicable [standard] agreement negotiated [adopted]
  under Subsection (b) unless:
               (1)  the district or school requests from the
  commissioner permission to modify the [standard] agreement; and
               (2)  the commissioner authorizes the modification.
         SECTION 21.  Sections 30A.155(a) and (c-1), Education Code,
  are amended 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.
         SECTION 22.  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 23.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 24.  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.