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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of the state virtual school network and |
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courses provided through other distance learning arrangements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.0031, Education Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (c-1) |
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to read as follows: |
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(b) Except as provided by Subsection (c), a [A] school |
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district or open-enrollment charter school in which a student is |
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enrolled as a full-time student may not [unreasonably] deny the |
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request of a parent of a student to enroll the student in an |
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electronic course offered through the state virtual school network |
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under Chapter 30A. |
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(c) A [For purposes of Subsection (b), a] school district or |
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open-enrollment charter school may deny [is not considered to have
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unreasonably denied] a request to enroll a student in an electronic |
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course if: |
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(1) [the district or school can demonstrate that the
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course does not meet state standards or standards of the district or
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school that are of equivalent rigor as the district's or school's
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standards for the same course provided in a traditional classroom
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setting;
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[(2)] a student attempts to enroll in a course load |
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that[:
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[(A)] is inconsistent with the student's high |
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school graduation plan or requirements for college admission or |
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earning an industry certification; [or
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[(B)
could reasonably be expected to negatively
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affect the student's performance on an assessment instrument
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administered under Section 39.023; or] |
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(2) [(3)] the student requests permission to enroll in |
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an electronic course at a time that is not consistent with the |
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enrollment period established by the entity [school district or
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open-enrollment charter school] providing the course; or |
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(3) the district or school offers a substantially |
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similar course. |
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(c-1) A school district or open-enrollment charter school |
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may decline to pay the cost for a student of more than three |
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yearlong electronic courses, or the equivalent, during any school |
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year. This subsection does not limit the ability of the student to |
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enroll in additional electronic courses at the student's cost. |
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(d) Notwithstanding Subsection (c)(2) [(c)(3)], an entity |
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[a school district or open-enrollment charter school] that provides |
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an electronic course through the state virtual school network under |
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Chapter 30A shall make all reasonable efforts to accommodate the |
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enrollment of a student in the course under special circumstances. |
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SECTION 2. Subchapter Z, Chapter 29, Education Code, is |
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amended by adding Section 29.909 to read as follows: |
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Sec. 29.909. DISTANCE LEARNING COURSES. (a) A school |
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district that provides a course through distance learning and seeks |
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to inform other school districts of the availability of the course |
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may submit information to the agency regarding the course, |
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including the number of positions available for student enrollment |
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in the course. The district may submit updated information at the |
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beginning of each semester. |
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(b) The agency shall make information submitted under this |
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section available on the agency's Internet website. |
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(c) The commissioner may adopt rules necessary to implement |
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this section, including rules governing student enrollment. The |
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commissioner may not adopt rules governing course pricing, and the |
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price for a course shall be determined by the school districts |
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involved. |
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SECTION 3. Section 30A.001(7), Education Code, is amended |
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to read as follows: |
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(7) "Course provider [Provider school district or
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school]" means: |
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(A) a school district or open-enrollment charter |
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school that provides an electronic course through the state virtual |
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school network to: |
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(i) students enrolled in that district or |
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school; or |
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(ii) students enrolled in another school |
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district or school; [or] |
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(B) a public or private institution of higher |
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education, nonprofit entity, or private entity that provides a |
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course through the state virtual school network; or |
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(C) a corporation that provides an electronic |
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professional development course through the state virtual school |
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network. |
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SECTION 4. Section 30A.003, Education Code, is amended to |
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read as follows: |
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Sec. 30A.003. PROVISION OF COMPUTER EQUIPMENT OR INTERNET |
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SERVICE. This chapter does not: |
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(1) require a school district, an open-enrollment |
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charter school, a course provider [school district or school], or |
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the state to provide a student with home computer equipment or |
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Internet access for a course provided through the state virtual |
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school network; or |
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(2) prohibit a school district or open-enrollment |
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charter school from providing a student with home computer |
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equipment or Internet access for a course provided through the |
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state virtual school network. |
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SECTION 5. Section 30A.056(a), Education Code, is amended |
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to read as follows: |
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(a) Each contract between a course provider [school
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district, an open-enrollment charter school, or a public or private
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institution of higher education] and the administering authority |
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must: |
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(1) provide that the administering authority may |
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cancel the contract without penalty if legislative authorization |
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for the course provider [district, school, or institution] to offer |
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an electronic course through the state virtual school network is |
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revoked; and |
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(2) be submitted to the commissioner. |
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SECTION 6. The heading to Section 30A.101, Education Code, |
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is amended to read as follows: |
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Sec. 30A.101. ELIGIBILITY TO ACT AS COURSE PROVIDER [SCHOOL
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DISTRICT OR SCHOOL]. |
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SECTION 7. Section 30A.101, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (b) and (c) to read |
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as follows: |
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(a) A school district is eligible to act as a course |
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provider [school district] under this chapter only if the district |
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is rated acceptable [or higher] under Section 39.054. |
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(b) An open-enrollment charter school is eligible to act as |
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a course provider under this chapter only if the school is rated |
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acceptable or higher under Section 39.054, except that a school may |
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act as a course provider to students receiving educational services |
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under the supervision of a juvenile probation department, the Texas |
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Youth Commission, or the Texas Department of Criminal Justice if |
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the school is rated academically acceptable or higher. An |
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open-enrollment charter school may serve as a course provider only: |
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(1) to a student within its service area; or |
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(2) to another student in the state: |
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(A) through an agreement with the school district |
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in which the student resides; or |
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(B) if the student receives educational services |
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under the supervision of a juvenile probation department, the Texas |
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Youth Commission, or the Texas Department of Criminal Justice, |
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through an agreement with the applicable agency. |
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(c) A nonprofit entity, private entity, or corporation is |
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eligible to act as a course provider under this chapter only if the |
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nonprofit entity, private entity, or corporation: |
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(1) complies with all applicable federal and state |
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laws prohibiting discrimination; |
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(2) possesses prior successful experience offering |
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online courses to elementary, middle, junior high, or high school |
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students, as determined by the commissioner; and |
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(3) demonstrates financial solvency. |
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SECTION 8. Section 30A.102, Education Code, is amended to |
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read as follows: |
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Sec. 30A.102. LISTING OF ELECTRONIC COURSES. (a) The |
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administering authority shall: |
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(1) publish the criteria required by Section 30A.103 |
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for electronic courses that may be offered through the state |
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virtual school network; |
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(2) using the criteria required by Section 30A.103, |
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evaluate electronic courses submitted by a course provider [school
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district or school] to be offered through the network; |
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(3) create a list of electronic courses approved by |
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the administering authority; and |
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(4) provide public access to the list of approved |
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electronic courses offered through the network and a detailed |
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description of the courses that complies with Section 30A.108. |
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(b) To ensure that a full range of electronic courses, |
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including advanced placement courses, are offered to students in |
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this state, the administering authority: |
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(1) shall create a list of those subjects and courses |
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designated by the board under Subchapter A, Chapter 28, for which |
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the board has identified essential knowledge and skills or for |
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which the board has designated content requirements under |
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Subchapter A, Chapter 28; |
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(2) shall enter into agreements with school districts, |
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open-enrollment charter schools, [and] public or private |
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institutions of higher education, and other eligible entities for |
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the purpose of offering the courses through the state virtual |
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school network; and |
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(3) may develop or authorize the development of |
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additional electronic courses that: |
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(A) are needed to complete high school graduation |
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requirements; and |
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(B) are not otherwise available through the state |
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virtual school network. |
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SECTION 9. Section 30A.1021(c), Education Code, is amended |
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to read as follows: |
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(c) The administering authority shall provide public access |
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to the comments submitted by students and parents under this |
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section. The comments must be in a format that permits a person to |
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sort the comments by teacher, electronic course, and course |
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provider [school district or school]. |
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SECTION 10. Section 30A.103(a), Education Code, is amended |
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to read as follows: |
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(a) The board by rule shall establish an objective standard |
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criteria for an electronic course to ensure alignment with the |
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essential knowledge and skills requirements identified or content |
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requirements established under Subchapter A, Chapter 28. The |
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criteria may not permit the administering authority to prohibit a |
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course provider [school districts or schools] from applying for |
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approval for an electronic course for a course for which essential |
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knowledge and skills have been identified. |
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SECTION 11. Section 30A.104(b), Education Code, is amended |
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to read as follows: |
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(b) If the essential knowledge and skills with which an |
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approved course is aligned in accordance with Subsection (a)(2) are |
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modified, the course provider [school district or school] must be |
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provided the same time period to revise the course to achieve |
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alignment with the modified essential knowledge and skills as is |
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provided for the modification of a course provided in a traditional |
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classroom setting. |
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SECTION 12. Sections 30A.1041(a) and (b), Education Code, |
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are amended to read as follows: |
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(a) A school district, open-enrollment charter school, [or] |
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public or private institution of higher education, or other |
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eligible entity may seek approval to offer through the state |
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virtual school network the classroom portion of a driver education |
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and traffic safety course that complies with the requirements for |
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the program developed under Section 29.902. |
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(b) A school district, open-enrollment charter school, [or] |
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public or private institution of higher education, or other |
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eligible entity may not offer through the state virtual school |
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network the laboratory portion of a driver education and traffic |
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safety course. |
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SECTION 13. Subchapter C, Chapter 30A, Education Code, is |
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amended by adding Section 30A.1042 to read as follows: |
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Sec. 30A.1042. RECIPROCITY AGREEMENTS WITH OTHER STATES. |
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(a) The administering authority may enter into a reciprocity |
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agreement with one or more other states to facilitate expedited |
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course approval. |
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(b) An agreement under this section must ensure that any |
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course approved in accordance with the agreement: |
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(1) is evaluated to ensure compliance with Sections |
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30A.104(a)(1) and (2) before the course may be offered through the |
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state virtual school network; and |
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(2) meets the requirements of Section 30A.104(a)(3). |
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SECTION 14. Section 30A.105, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) If the agency determines that the costs of evaluating |
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and approving a submitted electronic course will not be paid by the |
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agency due to a shortage of funds available for that purpose, the |
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school district, open-enrollment charter school, [or] public or |
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private institution of higher education, or other eligible entity |
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that submitted the course for evaluation and approval may pay a fee |
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equal to the amount of the costs in order to ensure that evaluation |
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of the course occurs. The agency shall establish and publish a fee |
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schedule for purposes of this subsection. |
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(e) The administering authority shall require a course |
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provider to apply for renewed approval of a previously approved |
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course in accordance with a schedule designed to coincide with |
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revisions to the required curriculum under Section 28.002(a) but |
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not later than the 10th anniversary of the previous approval. |
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SECTION 15. Subchapter C, Chapter 30A, Education Code, is |
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amended by adding Section 30A.1052 to read as follows: |
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Sec. 30A.1052. INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a) |
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A course provider may not promise or provide equipment or any other |
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thing of value to a student or a student's parent as an inducement |
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for the student to enroll in an electronic course offered through |
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the state virtual school network. |
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(b) The commissioner shall revoke approval under this |
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chapter of electronic courses offered by a course provider that |
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violates this section. |
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(c) The commissioner's action under this section is final |
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and may not be appealed. |
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SECTION 16. Section 30A.106(a), Education Code, is amended |
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to read as follows: |
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(a) A course provider [school district or school] may appeal |
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to the commissioner the administering authority's refusal to |
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approve an electronic course under Section 30A.105. |
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SECTION 17. Section 30A.107(a), Education Code, is amended |
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to read as follows: |
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(a) A course provider [school district or school] may offer |
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electronic courses to: |
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(1) students and adults who reside in this state; and |
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(2) students who reside outside this state and who |
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meet the eligibility requirements under Section 30A.002(c). |
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SECTION 18. Section 30A.108(b), Education Code, is amended |
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to read as follows: |
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(b) Each report under this section must describe each |
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electronic course offered through the state virtual school network |
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and include the following information: |
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(1) [such as] course requirements; |
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(2) [and] the school year calendar for the course, |
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including any options for continued participation outside of the |
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standard school year calendar; |
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(3) the entity that developed the course; |
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(4) the entity that provided the course; |
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(5) the course completion rate; |
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(6) aggregate student performance on an assessment |
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instrument administered under Section 39.023 to students enrolled |
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in the course; |
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(7) aggregate student performance on all assessment |
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instruments administered under Section 39.023 to students who |
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completed the course provider's courses; and |
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(8) other information determined by the commissioner. |
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SECTION 19. Section 30A.114, Education Code, is amended to |
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read as follows: |
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Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The |
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commissioner by rule shall allow regional education service centers |
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to participate in the state virtual school network in the same |
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manner as course providers [provider school districts and schools]. |
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SECTION 20. Sections 30A.153(a), (b), and (c), Education |
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Code, are amended to read as follows: |
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(a) A school district or open-enrollment charter school in |
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which a student is enrolled is entitled to funding under Chapter 42 |
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or in accordance with the terms of a charter granted under Section |
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12.101 for the student's enrollment in an electronic course offered |
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through the state virtual school network in the same manner that the |
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district or school is entitled to funding for the student's |
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enrollment in courses provided in a traditional classroom setting, |
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provided that the student successfully completes the electronic |
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course. |
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(b) The commissioner[, after considering comments from
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school district and open-enrollment charter school
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representatives,] shall negotiate an agreement with each course |
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provider [adopt a standard agreement] that governs the costs, |
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payment of funds, and other matters relating to a student's |
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enrollment in an electronic course offered through the state |
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virtual school network. The agreement may not require a school |
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district or open-enrollment charter school to pay the provider the |
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full amount until the student has successfully completed the |
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electronic course, and the full amount may not exceed the limits |
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specified by Section 30A.105(b). |
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(c) A school district or open-enrollment charter school |
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shall use the applicable [standard] agreement negotiated [adopted] |
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under Subsection (b) unless: |
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(1) the district or school requests from the |
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commissioner permission to modify the [standard] agreement; and |
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(2) the commissioner authorizes the modification. |
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SECTION 21. Sections 30A.155(a) and (c-1), Education Code, |
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are amended to read as follows: |
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(a) A school district or open-enrollment charter school may |
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charge a fee for enrollment in an electronic course provided |
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through the state virtual school network to a student who resides in |
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this state and: |
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(1) is enrolled in a school district or |
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open-enrollment charter school as a full-time student with[; and
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[(2) is enrolled in] a course load greater than that |
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normally taken by students in the equivalent grade level in other |
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school districts or open-enrollment charter schools; or |
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(2) elects to enroll in an electronic course provided |
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through the network for which the school district or |
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open-enrollment charter school in which the student is enrolled as |
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a full-time student declines to pay the cost, as authorized by |
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Section 26.0031(c-1). |
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(c-1) A school district or open-enrollment charter school |
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that is not the course provider [school district or school] may |
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charge a student enrolled in the district or school a nominal fee, |
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not to exceed the amount specified by the commissioner, if the |
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student enrolls in an electronic course provided through the state |
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virtual school network that exceeds the course load normally taken |
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by students in the equivalent grade level. A juvenile probation |
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department or state agency may charge a comparable fee to a student |
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under the supervision of the department or agency. |
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SECTION 22. Section 30A.101(b), Education Code, as amended |
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by Chapters 895 (H.B. 3) and 1328 (H.B. 3646), Acts of the 81st |
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Legislature, Regular Session, 2009, is repealed. |
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SECTION 23. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 24. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |