Relating to the provision of virtual education in public schools and to certain waivers and modifications by the commissioner of education to the method of calculating average daily attendance in an emergency or crisis for purposes of preserving school district funding entitlements under the Foundation School Program during that emergency or crisis; authorizing a fee.

89(R) HB 2196 - House Committee Report version - Bill Text

89R10450 TSS-F

By: Bell of Kaufman, Ashby, Buckley, Shaheen,

H.B. No. 2196

Morales of Maverick, et al.

Substitute the following for H.B. No. 2196:

By: Buckley

C.S.H.B. No. 2196

A BILL TO BE ENTITLED

AN ACT

relating to the provision of virtual education in public schools

and to certain waivers and modifications by the commissioner of

education to the method of calculating average daily attendance in

an emergency or crisis for purposes of preserving school district

funding entitlements under the Foundation School Program during

that emergency or crisis; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1.001(b), Education Code, is amended to

read as follows:

(b) Except as provided by Chapter 18, Chapter 19, Subchapter

A of Chapter 29,
or
Subchapter E of Chapter 30, [
or Chapter 30A,
]

this code does not apply to students, facilities, or programs under

the jurisdiction of the Department of Aging and Disability

Services, the Department of State Health Services, the Health and

Human Services Commission, the Texas Juvenile Justice Department,

the Texas Department of Criminal Justice, a Job Corps program

operated by or under contract with the United States Department of

Labor, or any juvenile probation agency.

SECTION 2. Section 7.0561(f), Education Code, is amended to

read as follows:

(f) In consultation with interested school districts,

open-enrollment charter schools, and other appropriate interested

persons, the commissioner shall adopt rules applicable to the

consortium, according to the following principles for a next

generation of higher performing public schools:

(1) engagement of students in digital learning,

including engagement through the use of electronic textbooks and

instructional materials adopted under Subchapters B and B-1,

Chapter 31, and
virtual or hybrid
courses offered
by school

districts and open-enrollment charter schools under Chapter 30B

[
through the state virtual school network under Subchapter 30A
];

(2) emphasis on learning standards that focus on

high-priority standards identified in coordination with districts

and charter schools participating in the consortium;

(3) use of multiple assessments of learning capable of

being used to inform students, parents, districts, and charter

schools on an ongoing basis concerning the extent to which learning

is occurring and the actions consortium participants are taking to

improve learning; and

(4) reliance on local control that enables communities

and parents to be involved in the important decisions regarding the

education of their children.

SECTION 3. Section 25.007(b), Education Code, is amended to

read as follows:

(b) In recognition of the challenges faced by students who

are homeless or in substitute care, the agency shall assist the

transition of students who are homeless or in substitute care from

one school to another by:

(1) ensuring that school records for a student who is

homeless or in substitute care are transferred to the student's new

school not later than the 10th working day after the date the

student begins enrollment at the school;

(2) developing systems to ease transition of a student

who is homeless or in substitute care during the first two weeks of

enrollment at a new school;

(3) developing procedures for awarding credit,

including partial credit if appropriate, for course work, including

electives, completed by a student who is homeless or in substitute

care while enrolled at another school;

(4) developing procedures to ensure that a new school

relies on decisions made by the previous school regarding placement

in courses or educational programs of a student who is homeless or

in substitute care and places the student in comparable courses or

educational programs at the new school, if those courses or

programs are available;

(5) promoting practices that facilitate access by a

student who is homeless or in substitute care to extracurricular

programs, summer programs, credit transfer services,
virtual or

hybrid
[
electronic
] courses provided under Chapter
30B
[
30A
], and

after-school tutoring programs at nominal or no cost;

(6) establishing procedures to lessen the adverse

impact of the movement of a student who is homeless or in substitute

care to a new school;

(7) entering into a memorandum of understanding with

the Department of Family and Protective Services regarding the

exchange of information as appropriate to facilitate the transition

of students in substitute care from one school to another;

(8) encouraging school districts and open-enrollment

charter schools to provide services for a student who is homeless or

in substitute care in transition when applying for admission to

postsecondary study and when seeking sources of funding for

postsecondary study;

(9) requiring school districts, campuses, and

open-enrollment charter schools to accept a referral for special

education services made for a student who is homeless or in

substitute care by a school previously attended by the student, and

to provide comparable services to the student during the referral

process or until the new school develops an individualized

education program for the student;

(10) requiring school districts, campuses, and

open-enrollment charter schools to provide notice to the child's

educational decision-maker and caseworker regarding events that

may significantly impact the education of a child, including:

(A) requests or referrals for an evaluation under

Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or

special education under Section 29.003;

(B) admission, review, and dismissal committee

meetings;

(C) manifestation determination reviews required

by Section 37.004(b);

(D) any disciplinary actions under Chapter 37 for

which parental notice is required;

(E) citations issued for Class C misdemeanor

offenses on school property or at school-sponsored activities;

(F) reports of restraint and seclusion required

by Section 37.0021;

(G) use of corporal punishment as provided by

Section 37.0011; and

(H) appointment of a surrogate parent for the

child under Section 29.0151;

(11) developing procedures for allowing a student who

is homeless or in substitute care who was previously enrolled in a

course required for graduation the opportunity, to the extent

practicable, to complete the course, at no cost to the student,

before the beginning of the next school year;

(12) ensuring that a student who is homeless or in

substitute care who is not likely to receive a high school diploma

before the fifth school year following the student's enrollment in

grade nine, as determined by the district, has the student's course

credit accrual and personal graduation plan reviewed;

(13) ensuring that a student in substitute care who is

in grade 11 or 12 be provided information regarding tuition and fee

exemptions under Section 54.366 for dual-credit or other courses

provided by a public institution of higher education for which a

high school student may earn joint high school and college credit;

(14) designating at least one agency employee to act

as a liaison officer regarding educational issues related to

students in the conservatorship of the Department of Family and

Protective Services; and

(15) providing other assistance as identified by the

agency.

SECTION 4. The heading to Section 26.0031, Education Code,

is amended to read as follows:

Sec. 26.0031. RIGHTS CONCERNING [
STATE
] VIRTUAL
AND HYBRID

COURSES
[
SCHOOL NETWORK
].

SECTION 5. Section 26.0031, Education Code, is amended by

amending Subsections (a), (b), (c), (c-1), (d), and (e) and adding

Subsection (b-1) to read as follows:

(a) At the time and in the manner that a school district or

open-enrollment charter school informs students and parents about

courses that are offered in the district's or school's traditional

classroom setting, the district or school shall notify parents and

students of the option to enroll in
a virtual or hybrid
[
an

electronic
] course offered
by the district or school in which the

student is enrolled or by another district or school
[
through the

state virtual school network
] under Chapter
30B
[
30A
].

(b) Except as provided by Subsection (c), a school district

or open-enrollment charter school in which a student is enrolled as

a full-time student may not deny the request of a parent of a

student to enroll the student in
a virtual or hybrid
[
an electronic
]

course offered
by the district or school in which the student is

enrolled or by another district or school
[
through the state

virtual school network
] under Chapter
30B
[
30A
].

(b-1)

A school district or open-enrollment charter school

may not actively discourage a student, including by threat or

intimidation, from enrolling in a virtual or hybrid course.

(c) A school district or open-enrollment charter school may

deny a request to enroll a student in
a virtual or hybrid
[
an

electronic
] course if:

(1) a student attempts to enroll in a course load that

is inconsistent with the student's high school graduation plan or

requirements for college admission or earning an industry

certification;

(2) the student requests permission to enroll in
a

virtual or hybrid
[
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
determines that the cost of

the course is too high
[
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
virtual
[
electronic
] courses, or the equivalent, during

any school year. This subsection does not:

(1) limit the ability of the student to enroll in

additional
virtual
[
electronic
] courses at the student's cost; or

(2) apply to a student enrolled in a full-time
virtual

[
online
] program [
that was operating on January 1, 2013
].

(d) Notwithstanding Subsection (c)(2), a school district or

open-enrollment charter school that provides
a virtual or hybrid

[
an electronic
] course [
through the state virtual school network
]

under Chapter
30B
[
30A
] shall make all reasonable efforts to

accommodate the enrollment of a student in the course under special

circumstances.

(e)
A school district or open-enrollment charter school

that denies a request to enroll a student in a virtual or hybrid

course under Subsection (c) must provide a written explanation of

the denial to the student and the student's parent. The written

explanation must provide notice of the student's ability to appeal

the decision and an explanation of the appeal process, including

the process of pursuing a final appeal heard by the board of

trustees of the district or the governing board of the school. A

determination made by the board of trustees of the school district

or the governing board of the open-enrollment charter school
[
A

parent may appeal to the commissioner a school district's or

open-enrollment charter school's decision to deny a request to

enroll a student in an electronic course offered through the state

virtual school network. The commissioner's decision
] under this

subsection is final and may not be appealed.

SECTION 6. Section 29.081, Education Code, is amended by

amending Subsections (e-2) and (f) and adding Subsections (f-1) and

(i) to read as follows:

(e-2) A remote or hybrid dropout recovery education program

must:

(1) include as a part of its curriculum credentials,

certifications, or other course offerings that relate directly to

employment opportunities in the state;

(2) employ as faculty and administrators persons with

baccalaureate or advanced degrees;

(3) provide an academic coach and local advocate for

each student;

(4) use an individual learning plan to monitor each

student's progress;

(5) establish satisfactory requirements for the

monthly progress of students according to standards set by the

commissioner;

(6) provide a monthly report to the student's school

district or open-enrollment charter school regarding the student's

progress;

(7) perform satisfactorily according to performance

indicators and accountability standards adopted for alternative

education programs by the commissioner;

(8) operate an in-person student engagement center at

a location suitable for high school students; [
and
]

(9)
be a full-time hybrid program or a full-time

virtual program, as those terms are defined by Section 30B.001, or a

full-time hybrid or virtual campus authorized under Chapter 30B;

and

(10)
comply with this title and rules adopted under

this title except as otherwise provided by this subsection.

(f)
Except as provided by Subsection (f-1), the
[
The
]

commissioner shall include a student who
has enrolled in

[
successfully completes
] a course offered through a program under

Subsection (e) in the computation of the district's or school's

average daily attendance for funding purposes. [
For a student who

successfully completes a remote course offered through the program,

the commissioner shall include the student in the computation of

the district's or school's average daily attendance with an

attendance rate equal to:

[
(1)

the district's or school's average attendance

rate for students successfully completing a course offered in

person under the program; or

[
(2)

if the district or school does not offer courses

in person under the program, the statewide average attendance rate

for students successfully completing a course offered in person

under a program under Subsection (e).
]

(f-1)

The commissioner shall include a student enrolled in a

remote or hybrid dropout recovery education program under

Subsection (e-2) in the computation of the district's or school's

average daily attendance for funding purposes in the same manner as

students enrolled in a full-time hybrid or virtual program or

full-time hybrid or virtual campus, as applicable, under Chapter

30B.

(i)

The commissioner may adopt rules as necessary to

implement this section.

SECTION 7. Subtitle F, Title 2, Education Code, is amended

by adding Chapter 30B to read as follows:

CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 30B.001. DEFINITIONS. In this chapter:

(1)

"Full-time hybrid campus" means a school district

or open-enrollment charter school campus at which at least 50

percent of the enrolled students are enrolled in a full-time hybrid

program authorized under Subchapter C.

(2)

"Full-time hybrid program" means a full-time

educational program offered by a school district or open-enrollment

charter school campus in which:

(A)

a student is in attendance in person for less

than 90 percent of the minutes of instruction provided in a school

year; and

(B)

the instruction and content may be delivered

synchronously or asynchronously over the Internet, in person, or

through other means.

(3)

"Full-time virtual campus" means a school district

or open-enrollment charter school campus at which at least 50

percent of the enrolled students are enrolled in a full-time

virtual program authorized under Subchapter C.

(4)

"Full-time virtual program" means a full-time

educational program offered by a school district or open-enrollment

charter school campus in which:

(A)

a student is in attendance in person

minimally or not at all; and

(B)

the instruction and content are delivered

synchronously or asynchronously primarily over the Internet.

(5) "Hybrid course" means a course in which:

(A)

a student is in attendance in person for less

than 90 percent of the minutes of instruction provided; and

(B)

the instruction and content may be delivered

synchronously or asynchronously over the Internet, in person, or

through other means.

(6)

"Parent" means a student's parent or a person

standing in parental relation to a student.

(7)

"Virtual course" means a course in which

instruction and content are delivered synchronously or

asynchronously primarily over the Internet.

(8)

"Whole program virtual instruction provider"

means a private or third-party service that provides oversight and

management of the virtual instruction services or otherwise

provides a preponderance of those services for a full-time virtual

or full-time hybrid campus or program.

Sec.

30B.002.

RULES. (a) The commissioner shall adopt

rules as necessary to administer this chapter.

(b)

To the extent practicable, the commissioner shall

consult school districts, open-enrollment charter schools, and

parents in adopting rules under this section.

(c)

The agency may form an advisory committee to comply with

the provisions of this section. Chapter 2110, Government Code,

does not apply to an advisory committee formed under this section.

Sec.

30B.003.

GRANTS AND FEDERAL FUNDS. (a) For purposes

of this chapter, the commissioner may seek and accept a grant from a

public or private person.

(b)

For purposes of this chapter, the commissioner may

accept federal funds and shall use those funds in compliance with

applicable federal law, regulations, and guidelines.

Sec.

30B.004.

PROVISION OF COMPUTER EQUIPMENT OR INTERNET

SERVICE. This chapter does not:

(1)

require a school district, an open-enrollment

charter school, a virtual course provider, or the state to provide a

student with home computer equipment or Internet access for a

virtual course provided by a school district or open-enrollment

charter school; or

(2)

prohibit a school district or open-enrollment

charter school from providing a student with home computer

equipment or Internet access for a virtual course provided by the

district or school.

Sec.

30B.005.

EXTRACURRICULAR ACTIVITY.

A student enrolled

in a virtual or hybrid course, program, or campus offered under this

chapter may participate in an extracurricular activity sponsored or

sanctioned by the school district or open-enrollment charter school

in which the student is enrolled or by the University

Interscholastic League in the same manner as other district or

school students.

Sec.

30B.006.

HYBRID AND VIRTUAL INSTRUCTION PERMITTED.

(a) A school district or open-enrollment charter school may

deliver instruction through hybrid courses, virtual courses,

full-time hybrid programs, and full-time virtual programs in the

manner provided by this chapter.

(b)

The following entities may deliver instruction through

hybrid or virtual courses under this chapter in the same manner

provided for a school district or open-enrollment charter school:

(1)

a consortium of school districts or

open-enrollment charter schools;

(2)

an institution of higher education, as that term

is defined by Section 61.003; or

(3) a regional education service center.

(c)

A school district or open-enrollment charter school

that delivers instruction through a hybrid or virtual course shall

develop written information describing each hybrid or virtual

course available for enrollment and complying with any other

requirement of Section 26.0031.

(d)

A school district or open-enrollment charter school

shall make information under this section available to students and

parents at the time students ordinarily select courses and may

provide that information to students and parents at other times as

determined by the district or school.

Sec.

30B.007.

FOUNDATION SCHOOL PROGRAM FUNDING. The

commissioner by rule shall adopt procedures for reporting and

verifying the attendance of a student enrolled in a hybrid course,

virtual course, full-time hybrid program, or full-time virtual

program provided by a school district or open-enrollment charter

school under this chapter.

The procedures must:

(1)

provide a district or school with flexibility to

provide instruction over the Internet, through synchronous or

asynchronous delivery; and

(2)

allow for the district or school to, without

requiring in-person attendance or synchronous instruction at a

specific time or location, receive the same amount of funding per

student for a course or program described by this section that the

district or school would receive per student for that course or

program if the course or program was provided fully in person.

SUBCHAPTER B.

HYBRID AND VIRTUAL COURSES

Sec.

30B.051.

HYBRID OR VIRTUAL COURSE QUALITY

REQUIREMENTS. (a)

A school district or open-enrollment charter

school that offers a hybrid or virtual course under this chapter

must certify to the commissioner that the course:

(1)

includes the appropriate essential knowledge and

skills adopted under Subchapter A, Chapter 28;

(2)

provides instruction at the appropriate level of

rigor for the grade level at which the course is offered and will

prepare a student enrolled in the course for the student's next

grade level or a subsequent course in a similar subject matter; and

(3)

except as provided by Subsection (b), meets

standards for hybrid or virtual courses adopted by the

commissioner.

(b)

If the commissioner has not adopted applicable

standards for hybrid or virtual courses, a school district or

open-enrollment charter school that offers a hybrid or virtual

course must instead certify to the commissioner that the course

meets the National Standards for Quality Online Courses published

by the Virtual Learning Leadership Alliance, Quality Matters, and

DLAC, or a successor publication.

Sec.

30B.052.

RIGHTS OF STUDENTS REGARDING HYBRID AND

VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a

school district or open-enrollment charter school may not require a

student to enroll in a hybrid or virtual course.

(b)

A hybrid or virtual course offered under this chapter to

a student receiving special education services or other

accommodations must meet the needs of the participating student in

a manner consistent with Subchapter A, Chapter 29, and with federal

law, including the Individuals with Disabilities Education Act (20

U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of

1973 (29 U.S.C. Section 794), as applicable.

Sec.

30B.053.

RIGHTS OF TEACHERS REGARDING HYBRID AND

VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), a

school district or open-enrollment charter school may not require a

classroom teacher to provide both virtual instruction and in-person

instruction for a course offered under this chapter during the same

class period. The commissioner may waive the requirements of this

subsection for courses included in the enrichment curriculum under

Section 28.002.

(a-1)

Subsection (a) does not apply to a requirement that a

classroom teacher simulcast the teacher's in-person instruction

provided that the teacher is not required to interact with students

observing the instruction virtually.

(b)

A classroom teacher may not provide instruction for a

hybrid or virtual course offered under this chapter unless:

(1)

the teacher has received appropriate professional

development in hybrid or virtual instruction, as determined by the

school district or open-enrollment charter school at which the

teacher is employed; or

(2)

the district or school has determined that the

teacher has sufficient previous experience to not require the

professional development described by Subdivision (1).

(c)

A school district or open-enrollment charter school may

not directly or indirectly coerce any classroom teacher hired to

provide in-person instruction to agree to an assignment to teach a

hybrid or virtual course.

Sec.

30B.054.

ASSESSMENTS. Except as authorized by

commissioner rule, an assessment instrument administered under

Section 39.023 or 39.025 to a student enrolled in a hybrid or

virtual course offered under this chapter shall be administered to

the student in the same manner in which the assessment instrument is

administered to a student enrolled in an in-person course at the

student's school district or open-enrollment charter school.

Sec.

30B.055.

TUITION AND FEES. A school district or

open-enrollment charter school may charge tuition and fees for a

hybrid or virtual course provided to a student who:

(1)

is not eligible to enroll in a public school in

this state; or

(2)

is not enrolled in the school district or

open-enrollment charter school.

Sec.

30B.056.

ATTENDANCE FOR CLASS CREDIT OR GRADE.

Notwithstanding Section 25.092, a school district or

open-enrollment charter school shall establish the participation

necessary to earn credit or a grade for a hybrid or virtual course

offered by the district or school.

Sec.

30B.057.

AGENCY PUBLICATION OF AVAILABLE VIRTUAL

COURSES. (a) The agency shall publish a list of virtual courses

offered by school districts and open-enrollment charter schools in

this state that includes:

(1)

whether the course is available to a student who is

not otherwise enrolled in the offering district or school;

(2) the cost of the course; and

(3)

information regarding any third-party provider

involved in the delivery of the course.

(b)

A school district or open-enrollment charter school

shall provide to the agency information required to publish the

list under Subsection (a).

SUBCHAPTER C. FULL-TIME HYBRID AND FULL-TIME VIRTUAL CAMPUSES

Sec.

30B.101.

FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS

AUTHORIZATION. (a) A school district or open-enrollment charter

school may operate a full-time hybrid campus or a full-time virtual

campus if authorized by the commissioner in accordance with this

section.

(b)

The commissioner shall adopt rules establishing the

requirements for and process by which a school district or

open-enrollment charter school may apply for authorization to

operate a full-time hybrid campus or a full-time virtual campus.

The rules adopted by the commissioner may require certain written

application materials and interviews and shall require a school

district or open-enrollment charter school to:

(1)

engage in a year of planning before offering a

course under this chapter to verify the course is designed in

accordance with high-quality criteria;

(2) develop an academic plan that incorporates:

(A)

curriculum and instructional practices

aligned with the appropriate essential knowledge and skills

provided under Subchapter A, Chapter 28;

(B)

monitoring of the progress of student

performance and interventions;

(C)

a method for meeting the needs of and

complying with federal and state requirements for special

populations and at-risk students; and

(D)

compliance with the requirements of this

chapter;

(3) develop an operations plan that addresses:

(A) staffing models;

(B) the designation of selected school leaders;

(C) professional development for staff;

(D) student and family engagement;

(E) school calendars and schedules;

(F) student enrollment eligibility;

(G)

cybersecurity and student data privacy

measures; and

(H)

any educational services to be provided by a

private or third party; and

(4)

demonstrate the capacity to execute the district's

or school's plan successfully.

(c)

A full-time hybrid campus or full-time virtual campus

authorized under this section must include:

(1)

at least one grade level in which an assessment

instrument is required to be administered under Section 39.023(a)

or (c), including each subject or course for which an assessment

instrument is required in that grade level;

(2)

sufficient grade levels, as determined by the

commissioner, to allow for the annual evaluation of the performance

of students who complete the courses offered; or

(3)

for a campus that does not include grade levels

described by Subdivision (1) or (2), another performance evaluation

measure approved by the commissioner during the authorization

process.

(d)

A campus approved under this subchapter may only apply

for and receive authorization to operate as a full-time hybrid

campus or a full-time virtual campus. A campus may not change its

operation designation during the authorization process or after the

campus is authorized.

(e)

The commissioner may only authorize a school district or

open-enrollment charter school to operate a full-time hybrid campus

or a full-time virtual campus if the commissioner determines that

the authorization of the campus is likely to result in improved

student learning opportunities. If a district or school will use a

private or third party in operating the campus, the commissioner

shall consider the historical performance of the private or third

party, if known, in making a determination under this section.

(f)

A determination made by the commissioner under this

section is final and not subject to appeal.

Sec.

30B.102.

REVOCATION. (a)

Unless revoked as provided

by this section, the commissioner's authorization of a full-time

hybrid campus or full-time virtual campus under Section 30B.101

continues indefinitely.

(b)

The commissioner shall revoke the authorization of a

full-time hybrid campus or full-time virtual campus if the campus

has been assigned, for the three preceding school years:

(1)

a needs improvement or unacceptable performance

rating under Subchapter C, Chapter 39;

(2)

a rating of performance that needs improvement or

unacceptable, as determined by the commissioner, on a performance

evaluation approved by the commissioner under Section

30B.101(c)(3); or

(3)

any combination of the ratings described by

Subdivision (1) or (2).

(c)

The commissioner may, based on a special investigation

conducted under Section 39.003:

(1)

revoke an authorization of a full-time hybrid

campus or full-time virtual campus; or

(2)

require any intervention authorized under that

section.

(d)

If a private or third party is determined to be

ineligible under Section 30B.152, the commissioner shall revoke an

authorization of a full-time hybrid campus or full-time virtual

campus for which the private or third party acts as a whole program

virtual instruction provider, unless the commissioner approves a

request by the school district or open-enrollment charter school

that operates the campus to use an alternative private or third

party.

(e)

An appeal by a school district or open-enrollment

charter school of a revocation of an authorization under this

chapter that results in the closure of a campus must be made under

Section 39A.301.

Sec.

30B.103.

STUDENT ELIGIBILITY. (a) A student eligible

to enroll in a public school of this state is eligible to enroll at a

full-time hybrid campus.

(b)

A student is eligible to enroll in a full-time virtual

campus if the student:

(1)

attended a public school in this state for a

minimum of six weeks in the current school year or in the preceding

school year;

(2)

is, in the school year in which the student first

seeks to enroll in the full-time virtual campus, enrolled in the

first grade or a lower grade level;

(3)

was not required to attend public school in this

state due to nonresidency during the preceding school year;

(4)

is a dependent of a member of the United States

military who has been deployed; or

(5) has been placed in substitute care in this state.

Sec.

30B.104.

STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND

FULL-TIME VIRTUAL CAMPUSES.

(a) A student enrolled in a school

district may not be compelled to enroll in a full-time hybrid or

full-time virtual campus. A school district must offer the option

for a student's parent to select in-person instruction for the

student.

(b)

Notwithstanding Subsection (a) or Section 30B.052, an

open-enrollment charter school may require a student to attend a

full-time hybrid or full-time virtual campus.

Sec.

30B.105.

CAMPUS DESIGNATIONS. The commissioner shall

determine and assign a unique campus designation number to each

full-time hybrid campus or full-time virtual campus authorized

under this subchapter.

Sec.

30B.106.

FUNDING. (a) For purposes of calculating the

average daily attendance of students attending a full-time hybrid

campus or full-time virtual campus, the commissioner shall use the

number of full-time equivalent students enrolled in the full-time

hybrid or full-time virtual campus multiplied by the average

attendance rate of the school district or open-enrollment charter

school that offers the full-time hybrid or full-time virtual campus

not including any student enrolled full-time in a full-time hybrid

or full-time virtual campus. In the event that a reliable

attendance rate cannot be determined under this section, the

commissioner shall use the statewide average attendance rate.

(b)

The commissioner shall provide proportionate funding to

the applicable school district or open-enrollment charter school

for a student that alternates attendance between a traditional,

in-person campus setting and the full-time hybrid or full-time

virtual campus of any single district or school in the same school

year.

SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS

Sec.

30B.151.

NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)

A school district or open-enrollment charter school shall provide

notice to the commissioner of the use of or change in affiliation of

a private or third party acting as a whole program virtual

instruction provider for a full-time hybrid or full-time virtual

campus or program.

(b)

Except as provided by Section 30B.152, a school district

or open-enrollment charter school may not use a private or third

party to act as a whole program virtual instruction provider if the

party has been determined to be ineligible under that section.

Sec.

30B.152.

PRIVATE OR THIRD-PARTY ACCOUNTABILITY. (a)

The commissioner shall, to the extent feasible, evaluate the

performance of a private or third party acting as a whole program

virtual instruction provider for a school district or

open-enrollment charter school.

(b)

The commissioner shall establish a standard to

determine if a private or third party is ineligible to act as a

whole program virtual instruction provider. A private or third

party determined to be ineligible under this section remains

ineligible until after the fifth anniversary of that determination.

(c)

A school district or open-enrollment charter school may

use a private or third party determined to be ineligible under

Subsection (b) as a whole program virtual instruction provider if:

(1)

the district or school requests approval from the

commissioner; and

(2)

the commissioner determines that the reasons the

private or third party was declared ineligible under Subsection (b)

will not affect the operation of the party as a whole program

virtual instruction provider at the district or school.

SUBCHAPTER E. STATE SUPPORT

Sec.

30B.201.

EDUCATOR PROFESSIONAL DEVELOPMENT. From

funds appropriated or otherwise available, the agency shall develop

professional development courses and materials aligned with

research-based practices for educators in providing high-quality

virtual education.

Sec.

30B.202.

DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.

From funds appropriated or otherwise available, the agency shall

provide grants and technical assistance to school districts and

open-enrollment charter schools to aid in the establishment of

high-quality full-time hybrid or full-time virtual campuses.

SECTION 8. Section 33.009(d), Education Code, is amended to

read as follows:

(d) An academy developed under this section must provide

counselors and other postsecondary advisors with knowledge and

skills to provide counseling to students regarding postsecondary

success and productive career planning and must include information

relating to:

(1) each endorsement described by Section

28.025(c-1), including:

(A) the course requirements for each

endorsement; and

(B) the postsecondary educational and career

opportunities associated with each endorsement;

(2) available methods for a student to earn credit for

a course not offered at the school in which the student is enrolled,

including enrollment in
a virtual
[
an electronic
] course provided

[
through the state virtual school network
] under Chapter
30B
[
30A
];

(3) general academic performance requirements for

admission to an institution of higher education, including the

requirements for automatic admission to a general academic teaching

institution under Section 51.803;

(4) regional workforce needs, including information

about the required education and the average wage or salary for

careers that meet those workforce needs; and

(5) effective strategies for engaging students and

parents in planning for postsecondary education and potential

careers, including participation in mentorships and business

partnerships.

SECTION 9. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0071 to read as follows:

Sec.

37.0071.

VIRTUAL EDUCATION AS ALTERNATIVE TO

EXPULSION. (a)

Except as provided by Subsection (b), before a

school district or open-enrollment charter school may expel a

student, the district or school shall consider the appropriateness

and feasibility of, as an alternative to expulsion, enrolling the

student in a full-time hybrid program, full-time virtual program,

full-time hybrid campus, or full-time virtual campus, as those

terms are defined in Section 30B.001.

(b)

Subsection (a) does not apply to a student expelled

under Section 37.0081 or 37.007(a), (d), or (e).

SECTION 10. Section 48.005, Education Code, is amended by

adding Subsection (e-1) to read as follows:

(e-1)

In a school year in which the occurrence of an

emergency or crisis, as defined by commissioner rule, causes a

statewide decrease in average daily attendance of school districts

entitled to funding under this chapter or, for an emergency or

crisis occurring only within a specific region of this state,

causes a regional decrease in the average daily attendance of

school districts located in the affected region, the commissioner

shall modify or waive requirements applicable to the affected

districts under this section and adopt appropriate safeguards as

necessary to ensure the continued support and maintenance of an

efficient system of public free schools and the continued delivery

of high-quality instruction under that system.

SECTION 11. Section 48.053(b), Education Code, is amended

to read as follows:

(b) A school district to which this section applies is

entitled to funding under this chapter as if the district
were a

full-time hybrid campus or full-time virtual campus for purposes of

Section 30B.106 with
[
had
] no tier one local share for purposes of

Section 48.256 for each student enrolled in the district:

(1) who resides in this state; or

(2) who:

(A) is a dependent of a member of the United

States military;

(B) was previously enrolled in school in this

state; and

(C) does not reside in this state due to a

military deployment or transfer.

SECTION 12. Section 48.104(f), Education Code, is amended

to read as follows:

(f) A student receiving a full-time virtual education

provided through a full-time virtual campus under Chapter 30B shall

[
through the state virtual school network may
] be included in

determining the number of students who are educationally

disadvantaged and reside in an economically disadvantaged census

block group under Subsection (b) or (e), as applicable[
, if the

school district submits to the commissioner a plan detailing the

enhanced services that will be provided to the student and the

commissioner approves the plan
].

SECTION 13. Section 48.111, Education Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) For purposes of Subsection (a), in determining the

number of students enrolled in a school district, the commissioner

shall exclude students enrolled in the district who receive

full-time instruction
provided through a full-time virtual campus

under Chapter 30B
[
through the state virtual school network under

Chapter 30A
].

(b-1)

For purposes of Subsection (a), in determining the

number of students enrolled in a school district, the commissioner

shall exclude students enrolled in the district who receive

full-time instruction through the state virtual school network

under Chapter 30A as that chapter existed on September 1, 2024.

This subsection expires September 1, 2031.

SECTION 14. The following provisions of the Education Code

are repealed:

(1) Section 26.0031(f);

(2) Section 29.909; and

(3) Chapter 30A.

SECTION 15. (a) Notwithstanding the repeal by this Act of

Chapter 30A, Education Code, a school district or open-enrollment

charter school providing an electronic course or a full-time

program through the state virtual school network in accordance

with, or under a waiver of the provisions of, Chapter 30A, Education

Code, as that law existed immediately before the effective date of

this Act, may, except as provided by Subsection (b) of this section,

continue to provide that course or full-time program as if that

chapter were still in effect until the end of the 2026-2027 school

year.

(b) The funding provided to a school district or

open-enrollment charter school for a student enrolled in an

electronic course or full-time program offered through the state

virtual school network in accordance with, or under a waiver of the

provisions of, Chapter 30A, Education Code, as that law existed

immediately before the effective date of this Act, shall be

determined, as applicable, under Section 30B.007 or 30B.106,

Education Code, as added by this Act.

SECTION 16. The commissioner of education shall adopt rules

providing an expedited authorization process for a school district

or open-enrollment charter school that applies to operate a

full-time hybrid campus or a full-time virtual campus under Chapter

30B, Education Code, as added by this Act, if the district or

school, as of the effective date of this Act:

(1) operates an electronic course or full-time program

through the state virtual school network in accordance with Chapter

30A, Education Code, as that law existed immediately before the

effective date of this Act; or

(2) operates a virtual education program, regardless

of whether the district or school received funding for students

enrolled in the program during the 2022-2023, 2023-2024, or

2024-2025 school year.

SECTION 17. This Act applies beginning with the 2025-2026

school year.

SECTION 18. 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, 2025.