S.B. No. 15         AN ACT   relating to virtual and off-campus electronic instruction at a   public school, the satisfaction of teacher certification   requirements through an internship teaching certain virtual   courses, and the allotment for certain special-purpose school   districts under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.051, Education Code, is amended by   adding Subsection (g) to read as follows:          (g)  Rules proposed by the board under Section 21.044(a) or   this section may allow a candidate to satisfy certification   requirements through an internship that provides the candidate   employment as a teacher for courses offered through a local remote   learning program under Section 29.9091 or the state virtual school   network under Chapter 30A. This subsection expires September 1,   2023.          SECTION 2.  Section 25.092, Education Code, is amended by   adding Subsection (a-4) to read as follows:          (a-4)  A school district or open-enrollment charter school   may adopt a policy to exempt students from the requirements of this   section for one or more courses identified in the policy that are   offered under a local remote learning program under Section   29.9091. This subsection expires September 1, 2023.          SECTION 3.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.9091 to read as follows:          Sec. 29.9091.  LOCAL REMOTE LEARNING PROGRAM. (a) A school   district or open-enrollment charter school assigned an overall   performance rating of C or higher under Section 39.054 for the   preceding school year or the most recent school year in which a   performance rating was assigned may operate a local remote learning   program to offer virtual courses outside the state virtual school   network under Chapter 30A to eligible students.          (b)  A school district or open-enrollment charter school   that operates a full-time local remote learning program must:                (1)  include in the program:                      (A)  at least one grade level in which an   assessment instrument is required to be administered under Section   39.023(a), including each subject for which an assessment   instrument is required; or                      (B)  a complete high school program, including   each course for which an end-of-course assessment instrument is   required to be administered under Section 39.023(c); and                (2)  offer the option for a student's parent or person   standing in parental relation to select in-person instruction for   the student.          (c)  A virtual course offered under a local remote learning   program:                (1)  may be provided through synchronous instruction,   asynchronous instruction, or a combination of synchronous and   asynchronous instruction; and                (2)  may be provided in combination with in-person   instruction as appropriate to meet the needs of individual   students.          (d)  A student is eligible to enroll in a virtual course   offered under a local remote learning program if the student:                (1)  is enrolled in a school district or   open-enrollment charter school;                (2)  has reasonable access to in-person services for   the course at a district or school facility; and                (3)  meets any additional criteria, including minimum   academic standards, established by the school district or   open-enrollment charter school in which the student is enrolled.          (e)  A school district or open-enrollment charter school   that operates a local remote learning program:                (1)  shall periodically assess the performance of   students enrolled in virtual courses under the program;                (2)  subject to Subsection (f), may remove a student   from virtual courses under the program and return the student to   in-person instruction if the district or school determines that the   student does not meet the criteria described by Subsection (d); and                (3)  may not count a student for purposes of   calculating the district's or school's average daily attendance if   the student has 10 or more unexcused absences in the program in a   six-month period.          (f)  A school district or open-enrollment charter school may   remove a student from virtual courses under Subsection (e)(2) only   if the district or school establishes a process to ensure that each   student and the student's parent or person standing in parental   relation have sufficient notice and opportunity to provide input   before the student is removed from those courses.          (g)  A school district or open-enrollment charter school may   contract with another school district or open-enrollment charter   school to allow a student enrolled in the sending district or school   to enroll in virtual courses offered under the local remote   learning program of the receiving district or school. A student   enrolled in virtual courses under an agreement described by this   subsection is considered enrolled in the sending district or school   for purposes of average daily attendance and accountability under   Chapters 39 and 39A.          (h)  An assessment instrument administered under Section   39.023 or 39.025 to a student enrolled in a virtual course offered   under a local remote learning program shall be administered to the   student in the same manner in which the assessment instrument is   administered to other school district or open-enrollment charter   school students.          (i)  If a school district or open-enrollment charter school   offers virtual courses under a local remote learning program for   students receiving special education services, the courses must   meet the needs of a participating student in a manner consistent   with Subchapter A of this chapter 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).          (j)  A teacher may not provide instruction for a virtual   course offered under a full-time local remote learning program   unless the teacher has completed a professional development course   on virtual instruction.          (k)  A district or school may not directly or indirectly   coerce any teacher to agree to an assignment to teach a full-time   local remote learning program.           (l)  A school district or open-enrollment charter school may   not require a teacher to provide both virtual instruction and   in-person instruction for a course 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.          (m)  A student enrolled in a virtual course offered under a   local remote learning program 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.          (n)  Except as otherwise provided under Subsection (e)(3), a   student enrolled in a virtual course offered under a local remote   learning program shall be counted toward the school district's or   open-enrollment charter school's average daily attendance in the   same manner as other district or school students. The commissioner   shall adopt rules providing for a method of taking attendance, once   each school day, for students enrolled in a virtual course offered   under a local remote learning program.          (o)  Chapter 30A does not apply to a virtual course offered   under a local remote learning program.          (p)  This section does not prohibit a student enrolled in a   school district or open-enrollment charter school that operates a   local remote learning program from enrolling in courses offered   through the state virtual school network under Chapter 30A.          (q)  A school district or open-enrollment charter school   that operates a local remote learning program may not enroll in the   program a number of students that exceeds 10 percent of the total   number of students enrolled in the district or school during the   2021-2022 school year.  The commissioner may waive this subsection:                (1)  on application by a school district or   open-enrollment charter school; or                (2)  in response to a public health emergency.          (r)  In calculating under Subsection (q) the number of   students that may be enrolled in a local remote learning program, a   school district or open-enrollment charter school shall count   students who spend at least half of the student's instructional   time during the 2021-2022 school year or 2022-2023 school year, as   applicable, enrolled in virtual courses or receiving remote   instruction, other than by enrollment in electronic courses offered   through the state virtual school network under Chapter 30A,   including students enrolled in virtual courses or who received   remote instruction during the 2021-2022 school year or 2022-2023   school year, as applicable, because the student was:                (1)  medically fragile;                 (2)  placed in a virtual setting by an admission,   review, and dismissal committee; or                (3)  receiving accommodations under Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794).          (s)  This section expires September 1, 2023.          SECTION 4.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0549 to read as follows:          Sec. 39.0549.  EVALUATING VIRTUAL AND LOCAL REMOTE PROGRAMS.   (a) In evaluating under Section 39.054 the performance of a school   district or open-enrollment charter school that operates a   full-time local remote learning program, the commissioner shall   assign the program separate overall and domain performance ratings   as if the program were a campus of the district or school. For   purposes of assigning performance ratings under this subsection,   students who spend at least half of the students' instructional   time receiving virtual or remote instruction are considered   enrolled in the program, including students:                (1)  enrolled in virtual courses offered under a local   remote learning program under Section 29.9091; or                (2)  receiving remote instruction, regardless of   whether the student is enrolled in a remote learning program   offered under Section 29.9091 and including students receiving   remote instruction who are:                      (A)  medically fragile;                      (B)  placed in a virtual setting by an admission,   review, and dismissal committee; or                      (C)  receiving accommodations under Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794).          (b)  A performance rating under this section is not subject   to Section 39.054(a-3) or 39.0546.          (c)  A performance rating assigned under this section may not   be used for purposes of Section 39.0544 or for determining whether   to impose any intervention or sanction authorized by Chapter 39A.          (d)  This section expires September 1, 2023.          SECTION 5.  Section 39.301, Education Code, is amended by   adding Subsections (c-1) and (c-2) to read as follows:          (c-1)  In addition to the indicators described by Subsection   (c), the indicators for reporting purposes must include, for each   school district and campus, the performance of students who spend   at least half of the students' instructional time:                (1)  in virtual courses offered under a local remote   learning program under Section 29.9091; or                (2)  receiving remote instruction, regardless of   whether the student is enrolled in a remote learning program   offered under Section 29.9091 and including students receiving   remote instruction who are:                      (A)  medically fragile;                      (B)  placed in a virtual setting by an admission,   review, and dismissal committee; or                      (C)  receiving accommodations under Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794).          (c-2)  Subsection (c-1) and this subsection expire September   1, 2023.          SECTION 6.  Section 48.005, Education Code, is amended by   adding Subsections (h-1), (m-1), and (m-2) to read as follows:          (h-1)  Subject to rules adopted by the commissioner under   Section 48.007(b), time that a student participates in a course or   program provided under Section 48.0071(b) shall be counted as part   of the minimum number of instructional hours required for a student   to be considered a full-time student in average daily attendance   for purposes of this section. This subsection expires September 1,   2023.          (m-1)  Except for students enrolled in programs or courses   offered under Chapter 30A or Section 48.053, a school district or   open-enrollment charter school may not count for purposes of   calculating the district's or school's average daily attendance a   student who received virtual or remote instruction for a majority   of the instructional days during the preceding school year if the   student:                (1)  did not achieve satisfactory performance or higher   or the equivalent in the preceding school year on:                      (A)  each assessment instrument administered to   the student under Section 39.023 or 39.025; or                      (B)  if the student was not administered an   assessment instrument that was required to be administered to the   student under Section 39.023 or 39.025 during the preceding school   year, an assessment instrument designed to show grade-level   proficiency in the essential knowledge and skills identified under   Section 28.002 by the State Board of Education for the student's   grade level;                (2)  had a number of unexcused absences that exceeds 10   percent of the number of instructional days in the preceding school   year; or                (3)  did not earn a grade of C or higher or the   equivalent in each of the foundation curriculum courses taken   virtually or remotely in the preceding school year.          (m-2)  Subsection (m-1) and this subsection expire September   1, 2023.          SECTION 7.  Subchapter A, Chapter 48, Education Code, is   amended by adding Section 48.0071 to read as follows:          Sec. 48.0071.  OFF-CAMPUS COURSES OR PROGRAMS COUNTED FOR   PURPOSES OF AVERAGE DAILY ATTENDANCE. (a)  The commissioner shall   adopt by rule verification and reporting procedures to report   student participation in courses or programs provided under   Subsection (b).          (b)  A school district or open-enrollment charter school may   provide one or more off-campus electronic courses, an off-campus   electronic program, or an instructional program that combines   in-person instruction and off-campus electronic instruction to   students enrolled in the district or school who have reasonable   access to in-person services at a district or school facility.   Off-campus electronic instruction for a course or program provided   under this subsection may be provided synchronously or   asynchronously. A student enrolled in a course or program provided   under this subsection shall be counted toward the district's or   school's average daily attendance in the same manner as other   district or school students. In adopting rules under Subsection   (a), the commissioner shall provide for a method of taking   attendance, once each school day, for students enrolled in a course   or program provided under this subsection.          (c)  A school district or open-enrollment charter school   that operated during the 2020-2021 school year a full-time virtual   program outside the state virtual network under Chapter 30A with at   least 10 percent of the enrollment for the program including   students who resided outside the geographic area served by the   district or school may:                (1)  continue to operate the virtual program on a   full-time basis;                (2)  apply the same enrollment and transfer criteria   used during the 2020-2021 school year; and                (3)  offer the program to students in any grade level or   combination of grade levels from kindergarten through grade 12 as   long as the program includes at least one grade level for which an   assessment instrument is administered under Section 39.023.          (d)  This section expires September 1, 2023.          SECTION 8.  Section 48.053, Education Code, is amended by   adding Subsections (b-1) and (b-2) to read as follows:          (b-1)  This subsection applies only to a special-purpose   district described by Subsection (a) that existed before September   1, 2019.  For a district to which this subsection applies, the   commissioner shall establish an asynchronous progression funding   method that may be used to determine the amount of the district's   entitlement under Subsection (b) based on full and partial semester   course completion.          (b-2)  Subsection (b-1) and this subsection expire September   1, 2023.          SECTION 9.  This Act applies beginning with the 2021-2022   school year.          SECTION 10.  A school district or open-enrollment charter   school that operates a full-time local remote learning program   during the 2021-2022 school year that meets the requirements of   Section 29.9091, Education Code, as added by this Act, is entitled   to funding in the manner prescribed by this Act regardless of   whether the district or school began operating the program before,   on, or after the effective date of this Act.          SECTION 11.  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 on the 91st day after the last day of   the legislative session.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 15 passed the Senate on   August 11, 2021, by the following vote: Yeas 27, Nays 2; and that   the Senate concurred in House amendments on August 31, 2021, by the   following vote: Yeas 29, Nays 2.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 15 passed the House, with   amendments, on August 30, 2021, by the following vote: Yeas 119,   Nays 7, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor