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A BILL TO BE ENTITLED
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AN ACT
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relating to THE PROVISION OF ELECTRONIC COURSES BY A SCHOOL |
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DISTRICT OR OPEN-ENROLLMENT CHARTER SCHOOL. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (7) and (8), Section 30A.001, |
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Education Code, is amended to read as follows: |
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(7) ["Provider school district or school"] "Course |
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provider" 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 that provides a course through the state virtual school |
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network; |
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(C) a nonprofit entity that provides an |
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electronic course through the state virtual school network; |
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(D) a private entity that provides an electronic |
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course through the virtual school network; or |
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(E) a corporation that provides an electronic |
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professional development course through the virtual school |
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network. |
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(8) "Public or private institution of higher |
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education" means a public or private institution of higher |
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education as defined by 20 U.S.C.A. § 1001[:
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(A)
an institution of higher education, as
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defined by Section 61.003; or
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(B)
a private or independent institution of
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higher education, as defined by Section 61.003.] |
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SECTION 2. Subsection (1), Section 30A.003, Education Code, |
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is amended to read as follows: |
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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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SECTION 3. Subsection (a), Section 30A.007, Education Code, |
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is amended to read as follows: |
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(a) A school district or open-enrollment charter school |
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shall adopt a policy that provides district or school students with |
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the opportunity to enroll in electronic courses provided through |
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the state virtual school network. The policy: |
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(1) may not limit the number of electronic courses a |
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student may take through the state virtual school network, except |
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as provided [must be consistent with the requirements imposed] by |
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Section 26.0031; and |
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(2) must permit students to take an available |
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electronic course if the school district or open-enrollment charter |
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does not offer a substantially similar course. |
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SECTION 4. Section 30A.053, Education Code, is amended to |
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read as follows: |
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Sec. 30A.053. DESIGNATION OF ADMINISTERING AUTHORITY. The |
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commissioner shall designate an agency employee, [or] a group of |
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agency employees, or contracted entity, to act as the administering |
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authority for the state virtual school network. |
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SECTION 5. Section 30A.101, Education Code, is amended to |
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read as follows: |
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Sec. 30A.101. ELIGIBILITY TO ACT AS A COURSE PROVIDER |
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[SCHOOL DISTRICT OR SCHOOL]. (a) A school district or |
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open-enrollment charter school 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 campus is eligible
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to act as a provider under this chapter only if the campus is rated
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recognized or higher under Section 39.072, except that a campus may
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act as a provider school 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 campus is rated academically acceptable or higher.
A campus
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may serve as a provider school only:
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(1)
to a student within the school district in which
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the campus is located or within its service area, whichever is
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smaller; or
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(2) to another student:
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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 private, nonprofit, or corporate entity is eligible to |
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act as a course provider under this chapter only if the provider; |
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(1) complies with all applicable federal and state |
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antidiscrimination laws; |
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(2) possesses prior, successful experience offering |
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online courses to elementary, middle, or high school students as |
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determined by the commissioner; and |
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(3) can demonstrate that it is financially solvent. |
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SECTION 6. Subsection (2), Section 30A.102, Education Code, |
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is amended to read as follows: |
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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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SECTION 7. Subsection (c), Section 30A.1021, Education |
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Code, is amended 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 8. Subsection (a), Section 30A.103, Education Code, |
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is amended 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 9. Subsection (b), Section 30A.104, Education Code, |
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is amended 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 10. Chapter 30A, Education Code, is amended by |
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adding Section 30A.1042, to read as follows: |
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Sec. 30A.1042. RECIPROCAL AGREEMENTS WITH OTHER STATES. |
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(a) The state virtual school network may enter into a reciprocity |
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agreement with one or more states to facilitate expedited course |
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eligibility approval. |
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(b) An agreement entered into under this section must ensure |
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that any course approved for reciprocal eligibility meets the |
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requirements of Subsection 30A.104A(a)(3). |
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(c) Notwithstanding any other provision in this section, a |
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course will be evaluated to ensure compliance with Subsections |
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30A.104A(a)(1) and (a)(2) before being offered through the state |
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virtual school network. |
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SECTION 11. Subsection (a), Section 30A.106, Education |
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Code, is amended 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 12. Subsections (a), (b) and (c), 30A.107, |
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Education Code, are amended 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; |
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[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); and |
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(3) students who reside in a state that has entered |
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into a reciprocity agreement with this state under Section |
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30A.1042. |
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(b) A student who is enrolled in a school district or |
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open-enrollment charter school in this state as a full-time student |
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may take one or more electronic courses through the state virtual |
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school network. The commissioner may not limit the number of |
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electronic courses a student to whom this subsection applies may |
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take through the state virtual school network. |
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(c) A student who resides in this state but who is not |
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enrolled in a school district or open-enrollment charter school in |
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this state as a full-time student may, subject to Section 30A.155, |
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enroll in electronic courses through the state virtual school |
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network. A student to whom this subsection applies: |
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(1) [may not in any semester enroll in more than two
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electronic courses offered through the state virtual school
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network;
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(2)] is not considered to be a public school student; |
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[(3)] (2) must obtain access to a course provided |
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through the network through the school district or open-enrollment |
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charter school attendance zone in which the student resides; |
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[(4)] (3) is not entitled to enroll in a course |
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offered by a school district or open-enrollment charter school |
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other than an electronic course provided through the network; and |
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[(5)] (4) is not entitled to any right, privilege, |
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activities, or services available to a student enrolled in a public |
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school, other than the right to receive the appropriate unit of |
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credit for completing an electronic course. |
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SECTION 13. Subsection 30A.108(b), Education Code, is |
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amended 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: [such as] |
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(1) 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 delivered 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 provider's courses; and |
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(7) other information determined by the commissioner. |
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SECTION 14. 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 [school districts and schools]. |
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SECTION 15. Section 30A.153, Education Code, is amended to |
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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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for the student's enrollment in an electronic course offered |
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through the state virtual school network or in accordance with the |
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terms of a charter granted under Section 12.101 in the same manner |
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that the 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 eligible |
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course provider [adopt a standard agreement] that governs the |
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costs, 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.] |
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(c) A school district or open-enrollment charter school |
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shall use the [standard] applicable agreement adopted under |
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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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(d) The commissioner shall adopt rules necessary to |
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implement this section, including rules regarding attendance |
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accounting. |
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(e) Notwithstanding subsections (b) and (c), an agreement |
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under subsection (b) or (c) may not require a school district or |
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open-enrollment charter school to pay the course provider more than |
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fifty percent of the course cost prior to the student successfully |
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completing the electronic course. |
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SECTION 16. Subsection (c-1), Section 30A.155, Education |
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Code, is amended to read as follows: |
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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 17. Subsections (b), (c), and (d), Section 26.0031, |
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Education Code are amended 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) [For purposes of Subsection (b), a] A school district or |
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open-enrollment charter school [is not considered to have
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unreasonably denied] may deny a request to enroll a student in an |
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electronic 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 that:
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(A)
is inconsistent with the student's high
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school graduation plan; 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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(3)] the student requests permission to enroll in an |
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electronic course at a time that is not consistent with the |
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enrollment period established by the school district or |
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open-enrollment charter school providing the course. |
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(d) Notwithstanding Subsection (c)[(3)], a school district |
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or open-enrollment charter school that provides an electronic |
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course through the state virtual school network under Chapter 30A |
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shall make all reasonable efforts to accommodate the enrollment of |
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a student in the course under special circumstances. |
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SECTION 18. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 19. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, the Act takes effect September 1, 2013. |