87R10284 ANG-D     By: Taylor S.B. No. 27       A BILL TO BE ENTITLED   AN ACT   relating to the state virtual school network; changing 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, Subchapter E of Chapter 30, or Chapter 30B [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 courses offered through the state virtual school   network under Chapter 30B [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, 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.  Section 26.0031, Education Code, is amended to   read as follows:          Sec. 26.0031.  RIGHTS CONCERNING STATE VIRTUAL SCHOOL   NETWORK STATEWIDE COURSE CATALOG.  (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 an electronic course offered through the state virtual school   network statewide course catalog 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 an electronic course offered   through the state virtual school network statewide course catalog   under Chapter 30B [30A].          (c)  A school district or [open-enrollment] charter school   may deny a request to enroll a student in an electronic course if:                (1)  a high school 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; or                (2)  the student requests permission to enroll in 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 offers a substantially   similar course].          [(c-1)  A school district or open-enrollment charter school   may decline to pay the cost for a student of more than three   yearlong electronic courses, or the equivalent, during any school   year. This subsection does not:                [(1) limit the ability of the student to enroll in   additional electronic courses at the student's cost; or                [(2) apply to a student enrolled in a full-time online   program that was operating on January 1, 2013.]          (d)  Notwithstanding Subsection (c)(2), a school district or   [open-enrollment] charter school that provides an electronic   course through the state virtual school network statewide course   catalog under Chapter 30B [30A] shall make all reasonable efforts   to accommodate the enrollment of a student in the course under   special circumstances.          (e)  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 statewide course catalog. The   commissioner's decision under this subsection is final and may not   be appealed.          (f)  A school district or [open-enrollment] charter school   from which a parent of a student requests permission to enroll the   student in an electronic course offered through the state virtual   school network statewide course catalog under Chapter 30B [30A] has   discretion to select a course provider approved by the agency    [network's administering authority] for the course in which the   student will enroll based on factors including the informed choice   report in Section 30B.112(b) [30A.108(b)].          SECTION 5.  Subtitle F, Title 2, Education Code, is amended   by adding Chapter 30B, and a heading is added to that chapter to   read as follows:   CHAPTER 30B. STATE VIRTUAL SCHOOL NETWORK STATEWIDE COURSE CATALOG   AND FULL-TIME VIRTUAL SCHOOLS          SECTION 6.  Chapter 30B, Education Code, as added by this   Act, is amended by adding Subchapter A, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER A. GENERAL PROVISIONS          SECTION 7.  Sections 30A.001, 30A.002, 30A.003, 30A.004,   30A.005, and 30A.007, Education Code, are transferred to Subchapter   A, Chapter 30B, Education Code, as added by this Act, redesignated   as Sections 30B.001, 30B.002, 30B.003, 30B.004, 30B.005, and   30B.006, Education Code, and amended to read as follows:          Sec. 30B.001  [30A.001]. DEFINITIONS. In this chapter:                (1)  ["Administering authority" means the entity   designated under Section 30A.053 to administer the state virtual   school network.                [(2)]  "Board" means the State Board of Education.                (2) [(3)]  "Course" means a course of study that meets   the requirements of Section 30B.105 [30A.104].                (3) [(4)]  "Electronic course" means a course in which:                      (A)  instruction and content are delivered   primarily over the Internet;                      (B)  a student and teacher are in different   locations for a majority of the student's instructional period;                      (C)  most instructional activities take place in   an online environment;                      (D)  the online instructional activities are   integral to the academic program;                      (E)  extensive communication between a student   and a teacher and among students is emphasized; and                      (F)  a student is not required to be located on the   physical premises of a school district or [open-enrollment] charter   school.                (4) [(5)  "Electronic diagnostic assessment" means a   formative or instructional assessment used in conjunction with an   electronic course to ensure that:                      [(A)  a teacher of an electronic course has   information related to a student's academic performance in that   course; and                      [(B)  a student enrolled in an electronic course   makes documented progress in mastering the content of the course.                [(6)]  "Electronic professional development course"   means a professional development course in which instruction and   content are delivered primarily over the Internet.                (5)  "Full-time virtual school" means a campus   authorized by the commissioner to provide a full-time virtual   school program to enrolled students under this chapter.                (6) [(7)]  "Course provider" means:                      (A)  a school district or [open-enrollment]   charter school that provides an electronic course through the   statewide course catalog [state virtual school network] to:                            (i)  students enrolled in that district or   school; or                            (ii)  students enrolled in another [school]   district or school;                      (B)  a public or private institution of higher   education, nonprofit entity, or private entity that provides a   course through the statewide course catalog [state virtual school   network]; or                      (C)  an entity that provides an electronic   professional development course through the state virtual school   network.                (7) [(8)]  "Public or private institution of higher   education" means an institution of higher education or a private or   independent institution of higher education, as those terms are    defined by Section 61.003 [20 U.S.C. Section 1001].                (8)  "Statewide course catalog" means a program of   supplemental courses offered by state-approved course providers   that is delivered through the state virtual school network.          Sec. 30B.002  [30A.002]. STUDENT ELIGIBILITY. (a) A student   is eligible to enroll in a course provided through the statewide   course catalog or in a full-time [state] virtual school [network]   only if [the student]:                (1)  the student [on September 1 of the school year:                      [(A)  is younger than 21 years of age; or                      [(B)  is younger than 26 years of age and entitled   to the benefits of the Foundation School Program under Section   48.003;                [(2)  has not graduated from high school; and                [(3)]  is [otherwise] eligible to enroll in a public   school in this state; or                (2)  the student does not qualify under Subdivision   (1), including a student who is an adult or who resides in another   state or country, and the student pays fees in accordance with this   chapter.          (b)  [A student is eligible to enroll full-time in courses   provided through the state virtual school network only if the   student:                [(1) was enrolled in a public school in this state in   the preceding school year;                [(2) is a dependent of a member of the United States   military who has been deployed or transferred to this state and was   enrolled in a publicly funded school outside of this state in the   preceding school year; or                [(3) has been placed in substitute care in this state,   regardless of whether the student was enrolled in a public school in   this state in the preceding school year.          [(c)] Notwithstanding Subsection (a)(1) [(a)(3) or (b)], a   student who enrolled in a course [is eligible to enroll in one or   more courses] provided through the statewide course catalog [state   virtual school network] or in a [enroll] full-time virtual school   may remain enrolled in that course or school for the duration of the   course or school year, as applicable, [in courses provided through   the network] if, during the course or school year, the student   becomes ineligible to enroll in a course or school under Subsection   (a)(1) because the student:                (1)  is a dependent of a member of the United States   military; and                (2)  no longer resides [was previously enrolled in high   school in this state; and                [(3) does not reside] in this state due to a military   deployment or transfer.          Sec. 30B.003  [30A.003]. PROVISION OF COMPUTER EQUIPMENT OR   INTERNET SERVICE. This chapter does not:                (1)  require a school district, a [an open-enrollment]   charter school, a course provider, a full-time virtual school, or   the state to provide a student with home computer equipment or   Internet access for a course provided through the state virtual   school network; or                (2)  prohibit a school district or [open-enrollment]   charter school from providing a student with home computer   equipment or Internet access for a course provided through the   state virtual school network.          Sec. 30B.004  [30A.004]. APPLICABILITY OF CHAPTER. (a)   Except as provided by Subsection (c), this chapter does not affect   the provision of a course to a student while the student is located   on the physical premises of a school district or [open-enrollment]   charter school.          (b)  [This chapter does not affect the provision of distance   learning courses offered under other law.          [(b-1)]  Requirements imposed by or under this chapter do not   apply to a virtual course provided by a school district only to   district students if the course is not provided as part of the state   virtual school network.          (c)  A school district or [open-enrollment] charter school   may choose to participate in providing an electronic course or an   electronic diagnostic assessment under this chapter to a student   who is located on the physical premises of a school district or   [open-enrollment] charter school.          Sec. 30B.005  [30A.005]. TELECOMMUNICATIONS OR INFORMATION   SERVICES NETWORK NOT CREATED. This chapter does not create or   authorize the creation of a telecommunications or information   services network.          Sec. 30B.006  [30A.007]. LOCAL POLICY ON ELECTRONIC   COURSES. (a) A school district or [open-enrollment] charter   school shall adopt a written policy that provides district or   school students with the opportunity to enroll in electronic   courses provided through the statewide course catalog [state   virtual school network]. The policy must be consistent with the   requirements imposed by Section 26.0031.          (b) [(a-1)]  A school district or [open-enrollment] charter   school shall, at least once per school year, send to a parent of   each district or school student enrolled at the middle or high   school level a copy of the policy adopted under Subsection (a). A   district or school may send the policy with any other information   that the district or school sends to a parent.          (c) [(b)]  For purposes of a policy adopted under Subsection   (a), the determination of whether or not an electronic course will   meet the needs of a student with a disability shall be made by the   student's admission, review, and dismissal committee in a manner   consistent with state and 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).          SECTION 8.  Subchapter A, Chapter 30B, Education Code, as   added by this Act, is amended by adding Section 30B.007 to read as   follows:          Sec. 30B.007.  GRANTS AND FEDERAL FUNDS. (a) The   commissioner may solicit and accept a gift, grant, or donation from   any source for the implementation of the statewide course catalog   and full-time virtual schools.          (b)  The commissioner may accept federal funds for purposes   of this chapter and shall use those funds in compliance with   applicable federal law, regulations, and guidelines.          SECTION 9.  Chapter 30B, Education Code, as added by this   Act, is amended by adding Subchapter B, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS          SECTION 10.  Sections 30A.051, 30A.052, and 30A.054,   Education Code, are transferred to Subchapter B, Chapter 30B,   Education Code, as added by this Act, redesignated as Sections   30B.051, 30B.052, and 30B.053, Education Code, and amended to read   as follows:          Sec. 30B.051  [30A.051]. GOVERNANCE [OF NETWORK]. (a) The   commissioner shall:                (1)  administer the state virtual school network   statewide course catalog and full-time virtual schools; and                (2)  ensure:                      (A)  high-quality education for students in this   state who are being educated through electronic courses provided   through the statewide course catalog or a full-time virtual school   [state virtual school network]; and                      (B)  equitable access by students to those courses   and schools.          (b)  The commissioner may adopt rules necessary to implement   this chapter.          [(c)  To the extent practicable, the commissioner shall   solicit advice from school districts concerning:                [(1)  administration of the state virtual school   network; and                [(2)  adoption of rules under Subsection (b).]          Sec. 30B.052  [30A.052]. GENERAL POWERS AND DUTIES OF   COMMISSIONER. (a) The commissioner shall prepare or provide for   preparation of a biennial budget request for the state virtual   school network statewide course catalog and full-time virtual   schools for presentation to the legislature.          (b)  The commissioner has exclusive jurisdiction over the   assets of the network and shall administer and spend appropriations   made for the benefit of the network.          [(c)  The commissioner shall employ a limited number of   administrative employees in connection with the network.]          Sec. 30B.053  [30A.054]. STUDENT PERFORMANCE INFORMATION.   To the extent permitted under the Family Educational Rights and   Privacy Act of 1974 (20 U.S.C. Section 1232g), the commissioner   shall make information relating to the performance of students   enrolled in electronic courses through the statewide course catalog   or a full-time virtual school under this chapter available to   school districts, [open-enrollment] charter schools, and the   public.          SECTION 11.  Chapter 30B, Education Code, as added by this   Act, is amended by adding Subchapter C, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER C. STATEWIDE COURSE CATALOG          SECTION 12.  Sections 30A.101, 30A.102, 30A.1021, 30A.103,   30A.104, 30A.1041, 30A.105, 30A.1051, 30A.1052, 30A.106, 30A.107,   30A.108, 30A.109, 30A.110, 30A.111, 30A.112, 30A.1121, 30A.113,   30A.114, 30A.115, 30A.151, 30A.153, and 30A.155, Education Code,   are transferred to Subchapter C, Chapter 30B, Education Code, as   added by this Act, redesignated as Sections 30B.101, 30B.102,   30B.103, 30B.104, 30B.105, 30B.106, 30B.107, 30B.108, 30B.109,   30B.110, 30B.111, 30B.112, 30B.113, 30B.114, 30B.115, 30B.116,   30B.117, 30B.118, 30B.119, 30B.120, 30B.121, 30B.122, and 30B.123,   Education Code, and amended to read as follows:          Sec. 30B.101  [30A.101]. ELIGIBILITY TO ACT AS COURSE   PROVIDER. (a) A school district or [open-enrollment] charter school   is eligible to act as a course provider through the statewide course   catalog [under this chapter] only if the district or school   receives an overall performance rating of C or higher [is rated   acceptable] under Section 39.054.          (b)  [An open-enrollment charter school may serve as a course   provider only:                [(1) to a student within its service area; or                [(2) to another student in the state:                      [(A) through an agreement with the school district   in which the student resides; or                      [(B) if the student receives educational services   under the supervision of a juvenile probation department, the Texas   Juvenile Justice Department, or the Texas Department of Criminal   Justice, through an agreement with the applicable agency.          [(c)]  A public or private institution of higher education,   nonprofit entity, private entity, or corporation is eligible to act   as a course provider through the statewide course catalog [under   this chapter] only if the institution, [nonprofit] entity, [private   entity,] or corporation:                (1)  complies with all applicable federal and state   laws prohibiting discrimination;                (2)  demonstrates financial solvency; [and]                (3)  provides evidence of prior successful experience   offering online education [courses] to [middle or high school]   students, with demonstrated student success in course completion   and performance, as determined by the commissioner; and                (4)  complies with any other criteria established by   the commissioner.          (c) [(d)]  An entity other than a school district or   [open-enrollment] charter school is not authorized to award course   credit or a diploma for courses taken through the statewide course   catalog [state virtual school network].          Sec. 30B.102  [30A.102]. LISTING OF ELECTRONIC COURSES.   (a)  The agency [administering authority] shall:                (1)  publish the criteria required by Section 30B.104   [30A.103] for electronic courses that may be offered through the   statewide course catalog [state virtual school network];                (2)  using the criteria required by Section 30B.104   [30A.103], evaluate electronic courses submitted by a course   provider to be offered through the statewide course catalog    [network];                (3)  create a list of electronic courses approved by   the agency [administering authority]; and                (4)  publish in a prominent location on the state   virtual school network's Internet website the list of approved   electronic courses offered through the statewide course catalog    [network] and a detailed description of the courses that complies   with Section 30B.112 [30A.108].          (b)  To ensure that a full range of electronic courses,   including advanced placement courses, are offered to students in   this state, the agency [administering authority]:                (1)  shall create a list of those subjects and courses   designated by the board under Subchapter A, Chapter 28, for which   the board has identified essential knowledge and skills or for   which the board has designated content requirements under   Subchapter A, Chapter 28;                (2)  shall enter into agreements with school districts,   [open-enrollment] charter schools, public or private institutions   of higher education, and other eligible entities for the purpose of   offering the courses through the statewide course catalog [state   virtual school network]; [and]                (3)  may develop or authorize the development of   additional electronic courses that:                      (A)  are needed to complete high school graduation   requirements; and                      (B)  are not otherwise available through the   statewide course catalog; and                (4)  may develop or authorize the development of an   orientation course [state virtual school network].          (c)  The agency [administering authority] shall develop a   comprehensive course numbering system for all courses offered   through the statewide course catalog [state virtual school network]   to ensure, to the greatest extent possible, consistent numbering of   similar courses offered across all course providers.          Sec. 30B.103  [30A.1021]. PUBLIC ACCESS TO USER COMMENTS   REGARDING ELECTRONIC COURSES. (a) The agency [administering   authority] shall provide students who have completed or withdrawn   from electronic courses offered through the statewide course   catalog [virtual school network] and their parents with a mechanism   for providing comments regarding the courses.          (b)  The mechanism required by Subsection (a) must include a   quantitative rating system and a list of verbal descriptors that a   student or parent may select as appropriate.          (c)  The agency [administering authority] shall provide   public access to the comments submitted by students and parents   under this section. The comments must be in a format that permits a   person to sort the comments by teacher, electronic course, and   course provider.          Sec. 30B.104  [30A.103]. CRITERIA FOR ELECTRONIC COURSES.   (a) The commissioner [board] by rule shall establish [an] objective   standard criteria for an electronic course to ensure alignment with   the essential knowledge and skills requirements identified or   content requirements established under Subchapter A, Chapter 28.   The criteria may not permit the agency [administering authority] to   prohibit a course provider from applying for approval for an   electronic course for a course for which essential knowledge and   skills have been identified.          (b)  The criteria must be consistent with Section 30B.105   [30A.104] and may not include any requirements that are   developmentally inappropriate for students.          (c)  The commissioner by rule may:                (1)  establish additional quality-related criteria for   electronic courses; and                (2)  provide for a period of public comment regarding   the criteria.          (d)  The criteria must be in place at least six months before   the agency [administering authority] uses the criteria in   evaluating an electronic course under Section 30B.107 [30A.105].          Sec. 30B.105  [30A.104]. COURSE ELIGIBILITY IN GENERAL.   (a) A course offered through the statewide course catalog [state   virtual school network] must:                (1)  be in a specific subject that is part of the   required curriculum under Section 28.002(a);                (2)  be aligned with the essential knowledge and skills   identified under Section 28.002(c) for the [a] grade level [at or   above grade level three]; and                (3)  be the equivalent in instructional rigor and scope   to a course that is provided in a traditional classroom setting   during a semester of 90 instructional days.          (b)  If the essential knowledge and skills with which an   approved course is aligned in accordance with Subsection (a)(2) are   modified, the course provider must be provided the same [time]   period to revise the course to achieve alignment with the modified   essential knowledge and skills as is provided for the modification   of a course provided in a traditional classroom setting.          Sec. 30B.106  [30A.1041]. DRIVER EDUCATION COURSES. (a) A   school district, [open-enrollment] charter school, public or   private institution of higher education, or other eligible entity   may seek approval to offer through the statewide course catalog   [state virtual school network] the classroom portion of a driver   education and traffic safety course that complies with the   requirements for the program developed under Section 29.902.          (b)  A school district, [open-enrollment] charter school,   public or private institution of higher education, or other   eligible entity may not offer through the statewide course catalog   [state virtual school network] the laboratory portion of a driver   education and traffic safety course.          (c)  A driver education and traffic safety course offered in   compliance with this section must be the equivalent in   instructional rigor and scope to a course that is provided in a   traditional classroom setting for a period of 56 hours.          Sec. 30B.107  [30A.105].  APPROVAL OF ELECTRONIC COURSES.     (a)  The agency [administering authority] shall:                (1)  establish a submission and approval process for   electronic courses that occurs on a rolling basis; and                (2)  evaluate or provide for the evaluation by one or   more organizations designated by the agency of electronic courses   to be offered through the statewide course catalog or a full-time   [state] virtual school [network].          (b) [(a-1)]  The agency [administering authority] shall   publish the submission and approval process for electronic courses   established under Subsection (a)(1), including any deadlines and   guidelines applicable to the process.          (c) [(a-2)]  The evaluation required by Subsection (a)(2)   must include review of each electronic course component, including   off-line material proposed to be used in the course.          (d) [(b)]  The agency [administering authority] shall   establish the cost of providing an electronic course approved under   Subsection (a)[, which may not exceed $400 per student per course or   $4,800 per full-time student].          (e)  The [(c)  The agency shall pay the reasonable costs of   evaluating and approving electronic courses.  If funds available   to the agency for that purpose are insufficient to pay the costs of   evaluating and approving all electronic courses submitted for   evaluation and approval, the agency shall give priority to paying   the costs of evaluating and approving the following courses:                [(1)  courses that satisfy high school graduation   requirements;                [(2)  courses that would likely benefit a student in   obtaining admission to a postsecondary institution;                [(3)  courses, including dual credit courses, that   allow a student to earn college credit or other advanced credit;                [(4)  courses in subject areas most likely to be highly   beneficial to students receiving educational services under the   supervision of a juvenile probation department, the Texas Juvenile   Justice Department, or the Texas Department of Criminal Justice;   and                [(5)  courses in subject areas designated by the   commissioner as commonly experiencing a shortage of teachers.          [(d)  If the agency determines that the costs of evaluating   and approving a submitted electronic course will not be paid by the   agency due to a shortage of funds available for that purpose, the]   school district, [open-enrollment] charter school, public or   private institution of higher education, or other eligible entity   that submits a [submitted the] course for evaluation and approval   shall [may] pay a fee equal to the amount of the costs of evaluating   and approving the course in order to ensure that evaluation of the   course occurs. The agency shall establish and publish a fee   schedule for purposes of this subsection.          (f) [(e)]  The agency [administering authority] shall   require a course provider to apply for renewed approval of a   previously approved course in accordance with a schedule designed   to coincide with revisions to the required curriculum under Section   28.002(a) but not later than the 10th anniversary of the previous   approval.          Sec. 30B.108  [30A.1051].  ELECTRONIC COURSE PORTABILITY.  A   student who transfers from one educational setting to another after   beginning enrollment in an electronic course is entitled to   continue enrollment in the course.          Sec. 30B.109  [30A.1052]. INDUCEMENTS FOR ENROLLMENT   PROHIBITED. (a) A course provider may not promise or provide   equipment or any other thing of value to a student or a student's   parent as an inducement for the student to enroll in an electronic   course offered through the statewide course catalog [state virtual   school network].          (b)  The commissioner shall revoke approval under this   chapter of electronic courses offered by a course provider that   violates this section.          (c)  The commissioner's action under this section is final   and may not be appealed.          Sec. 30B.110  [30A.106].  APPEAL TO COMMISSIONER.  (a)  A   course provider may appeal to the commissioner the agency's    [administering authority's] refusal to approve an electronic   course under Section 30B.107 [30A.105].          (b)  If the commissioner determines that the agency's    [administering authority's] evaluation did not follow the criteria   or was otherwise irregular, the commissioner may overrule the   agency [administering authority] and place the course on a list of   approved courses. The commissioner's decision under this section is   final and may not be appealed.          Sec. 30B.111  [30A.107]. OPTIONS FOR PROVIDERS AND   STUDENTS. (a)  A student who does not qualify under Section   30B.002(a)(1) may take one or more electronic courses through the   statewide course catalog if the student pays the fees for the course   in accordance with Section 30B.123 [A course provider may offer   electronic courses to:                [(1)  students and adults who reside in this state; and                [(2)  students who reside outside this state and who   meet the eligibility requirements under Section 30A.002(c)].          (b)  A student who is enrolled in a school district or   [open-enrollment] charter school in this state [as a full-time   student] may not take [one or] more than three electronic courses in   any semester through the state virtual school network.          (c)  A student who resides in this state but who is not   enrolled in a school district or [open-enrollment] charter school   in this state [as a full-time student] may, subject to Section   30B.123 [30A.155], enroll in electronic courses through the   statewide course catalog [state virtual school network]. A student   to whom this subsection applies:                (1)  may not in any semester enroll in more than three   [two] electronic courses offered through the state virtual school   network;                (2)  is not considered enrolled at the [to be a] public   school campus but shall be considered for purposes of state funding   as provided by Section 30B.122 [student];                (3)  must obtain access to a course provided through   the statewide course catalog either [network] through a [the]   school district or [open-enrollment] charter school [attendance   zone in which the student resides];                (4)  is not entitled to enroll in a course offered by a   school district or [open-enrollment] charter school other than an   electronic course provided through the statewide course catalog   [network]; and                (5)  is not entitled to any right, privilege,   activities, or services available to a student enrolled in a public   school, other than the right to receive the appropriate unit of   credit for completing an electronic course.          (d)  A school district or [open-enrollment] charter school   may not require a student to enroll in an electronic course.          (e)  A school district or charter school shall require   students to take a student orientation course to access the   statewide course catalog.          Sec. 30B.112  [30A.108].  INFORMED CHOICE REPORTS.  (a)  Not   later than a date determined by the commissioner, the agency   [administering authority] shall create and maintain on the state   virtual school network's Internet website an "informed choice"   report as provided by commissioner rule.          (b)  Each report under this section must describe each   electronic course offered through the statewide course catalog   [state virtual school network] and include the following   information:                (1)  course requirements;                (2)  the school year calendar for the course, including   any options for continued participation outside of the standard   school year calendar;                (3)  the entity that developed the course;                (4)  the entity that provided the course;                (5)  the course completion rate;                (6)  aggregate student performance on an assessment   instrument administered under Section 39.023 to students enrolled   in the course;                (7)  aggregate student performance on all assessment   instruments administered under Section 39.023 to students who   completed the course provider's courses; and                (8)  other information determined by the commissioner.          Sec. 30B.113  [30A.109]. COMPULSORY ATTENDANCE. The   commissioner by rule shall adopt procedures for reporting and   verifying the attendance of a student enrolled in an electronic   course provided through the statewide course catalog [state virtual   school network]. The rules may modify the application of Sections   25.085, 25.086, and 25.087 for a student enrolled in an electronic   course but must require participation in an educational program   equivalent to the requirements prescribed by those sections.          Sec. 30B.114  [30A.110].  APPLICABILITY OF ACCOUNTABILITY   REQUIREMENTS.  (a)  Chapter 39 applies to an electronic course   offered through the statewide course catalog [state virtual school   network] in the same manner that that chapter applies to any other   course offered by a school district or open-enrollment charter   school.          (b)  The performance of a student described by Section   30B.111(c) may not be considered for purposes of accountability for   a school district or charter school.          (c)  Each student enrolled under this chapter in an   electronic course offered through the statewide course catalog   [state virtual school network] must take any assessment instrument   under Section 39.023 that is administered to students who are   provided instruction in the course material in the traditional   classroom setting. The administration of the assessment instrument   to the student enrolled in the electronic course must be supervised   by a proctor.          (d) [(c)]  A school district or [open-enrollment] charter   school shall report to the commissioner through the Public   Education Information Management System (PEIMS) the results of   assessment instruments administered to students enrolled in an   electronic course offered through the statewide course catalog   [state virtual school network] separately from the results of   assessment instruments administered to other students.          Sec. 30B.115  [30A.111].  TEACHER AND INSTRUCTOR   QUALIFICATIONS.  (a)  Each teacher of an electronic course offered   by a school district or [open-enrollment] charter school through   the statewide course catalog [state virtual school network] must:                (1)  be certified under Subchapter B, Chapter 21, to   teach that course and grade level; and                (2)  successfully complete the appropriate   professional development course provided under Section 30B.116(a)   [30A.112(a)] or 30B.117 [30A.1121] before teaching an electronic   course offered through the statewide course catalog [network].          (b)  The commissioner by rule shall establish procedures for   verifying successful completion by a teacher of the appropriate   professional development course required by Subsection (a)(2).          (c)  The commissioner by rule shall establish qualifications   and professional development requirements applicable to college   instructors providing instruction in dual credit courses through   the statewide course catalog [state virtual school network] that   allow a student to earn high school credit and college credit or   other credit.          Sec. 30B.116  [30A.112].  EDUCATOR PROFESSIONAL   DEVELOPMENT.  (a)  The state virtual school network shall provide or   authorize providers of electronic professional development courses   or programs to provide professional development for teachers who   are teaching electronic courses through the statewide course   catalog [network].          (b)  The state virtual school network may provide or   authorize providers of electronic professional development courses   to provide professional development for:                (1)  teachers who are teaching subjects or grade levels   for which the teachers are not certified; or                (2)  teachers who must become qualified under the   Individuals with Disabilities Education Act (20 U.S.C. Section 1400   et seq.).          Sec. 30B.117  [30A.1121].  ALTERNATIVE EDUCATOR   PROFESSIONAL DEVELOPMENT.  (a)  Subject to Subsection (b), a course   provider may provide professional development courses to teachers   seeking to become authorized to teach electronic courses provided   through the statewide course catalog [state virtual school   network]. A course provider may provide a professional development   course that is approved under Subsection (b) to any interested   teacher, regardless of the teacher's employer.          (b)  The agency shall review each professional development   course sought to be provided by a course provider under Subsection   (a) to determine if the course meets the quality standards   established under Section 30B.118 [30A.113]. If a course meets   those standards, the course provider may provide the course for   purposes of enabling a teacher to comply with Section 30B.115(a)(2)   [30A.111(a)(2)].          Sec. 30B.118  [30A.113].  CRITERIA FOR ELECTRONIC   PROFESSIONAL DEVELOPMENT COURSES.  The commissioner by rule shall   establish objective standard criteria for quality of an electronic   professional development course provided under Section 30B.116   [30A.112].          Sec. 30B.119  [30A.114].  REGIONAL EDUCATION SERVICE   CENTERS. The commissioner by rule shall allow regional education   service centers to participate in the statewide course catalog   [state virtual school network] in the same manner as course   providers.          Sec. 30B.120  [30A.115].  ADDITIONAL RESOURCES.  The   commissioner by rule may establish procedures for providing   additional resources, such as an online library, to students and   educators served through the statewide course catalog [state   virtual school network].  The agency [administering authority] may   provide the additional resources only if the commissioner receives   an appropriation, gift, or grant sufficient to pay the costs of   providing those resources.          Sec. 30B.121  [30A.151].  COSTS TO BE BORNE BY STATE.   (a)     Except as authorized by Section 30B.007 or 30B.107 [Section   30A.152] or this section, the state shall pay the cost of operating   the state virtual school network.          (b)  Except as provided by Section 30B.107, the [The]   operating costs of the state virtual school network may not be   charged to a school district or [open-enrollment] charter school.          (c)  The costs of providing electronic professional   development courses may be paid by state funds appropriated by the   legislature or federal funds that may be used for that purpose.          (d) [(e)]  State funds provided in connection with the state   virtual school network may not be used in a manner that violates   Section 7, Article I, Texas Constitution.          [(f)  For a full-time electronic course program offered   through the state virtual school network for a grade level at or   above grade level three but not above grade level eight, a school   district or open-enrollment charter school is entitled to receive   federal, state, and local funding for a student enrolled in the   program in an amount equal to the funding the district or school   would otherwise receive for a student enrolled in the district or   school.  The district or school may calculate the average daily   attendance of a student enrolled in the program based on:                [(1)  hours of contact with the student;                [(2)  the student's successful completion of a course;   or                [(3)  a method approved by the commissioner.]          Sec. 30B.122 [30A.153].  FOUNDATION SCHOOL PROGRAM FUNDING.     (a)  Subject to the limitation imposed under Subsection (b)   [(a-1)], a school district or open-enrollment charter school in   which a student is enrolled is entitled to funding under Chapter 48   or in accordance with the terms of a charter granted under Section   12.101 for the student's enrollment in an electronic course offered   through the statewide course catalog [state virtual school network]   in the same manner that the district or school is entitled to   funding for the student's enrollment in courses provided in a   traditional classroom setting, provided that the student   successfully completes the electronic course.          (b) [(a-1)]  For purposes of Subsection (a), a school   district or open-enrollment charter school is limited to the   funding described by that subsection for a student's enrollment in   not more than three electronic courses during any school year[,   unless the student is enrolled in a full-time online program that   was operating on January 1, 2013].          (c)  For purposes of funding a school district or charter   school that provides access to an electronic course to a student   described by Section 30B.111(c) who would be entitled to the   benefits of the Foundation School Program under Section 48.003 if   enrolled in a school district, the agency shall aggregate up to   three courses offered during the year to such students at the   district or school and divide by five to establish the number of   possible students in average daily attendance, rounding up to the   half-day average daily attendance.          (d) [(b)]  The commissioner[, after considering comments   from school district and open-enrollment charter school   representatives,] shall adopt a standard agreement that governs the   costs, payment of funds, and other matters relating to a student's   enrollment in an electronic course offered through the statewide   course catalog [state virtual school network].  The agreement may   not require a school district or [open-enrollment] charter school   to pay the provider the full amount until the student has   successfully completed the electronic course[, and the full amount   may not exceed the limits specified by Section 30A.105(b)].          (e) [(c)]  A school district or [open-enrollment] charter   school shall use the standard agreement adopted under Subsection   (d) [(b)] unless:                (1)  the district or school requests from the   commissioner permission to modify the standard agreement; and                (2)  the commissioner authorizes the modification.          (f) [(d)]  The commissioner shall adopt rules necessary to   implement this section, including rules regarding attendance   accounting.          Sec. 30B.123 [30A.155].  FEES.  (a)  A school district or   [open-enrollment] charter school may charge a fee for enrollment in   an electronic course provided through the statewide course catalog   [state virtual school network] to a student who resides in this   state and[:                [(1)]  is enrolled in a school district or   [open-enrollment] charter school as a full-time student with a   course load greater than that normally taken by students in the   equivalent grade level in other school districts or   [open-enrollment] charter schools[; or                [(2)  elects to enroll in an electronic course provided   through the network for which the school district or   open-enrollment charter school in which the student is enrolled as   a full-time student declines to pay the cost, as authorized by   Section 26.0031(c-1)].          (b) [(a-1)]  A school district or [open-enrollment] charter   school may charge a fee for enrollment in an electronic course   provided through the statewide course catalog [state virtual school   network] during the summer.          (c) [(b)]  A school district or [open-enrollment] charter   school shall charge a fee for enrollment in an electronic course   provided through the statewide course catalog [state virtual school   network] to a student who does not satisfy the criteria of Section   30B.002(a)(1) [who resides in this state and is not enrolled in a   school district or open-enrollment charter school as a full-time   student].          (d) [(c)]  The amount of a fee charged a student under   Subsection (a), [(a-1), or] (b), or (c) for each electronic course   in which the student enrolls through the statewide course catalog   [state virtual school network] may not exceed the lesser of:                (1)  the cost of providing the course; or                (2)  an amount set by the commissioner [$400].          (e) [(c-1)]  A school district or [open-enrollment] charter   school that is not the course provider may charge a student enrolled   in the district or school a nominal fee, not to exceed the amount   specified by the commissioner, if the student enrolls in an   electronic course provided through the statewide course catalog   [state virtual school network] that exceeds the course load   normally taken by students in the equivalent grade level.  A   juvenile probation department or state agency may charge a   comparable fee to a student under the supervision of the department   or agency.          (f) [(d)]  Except as provided by this section, the state   virtual school network may not charge a fee to students for   electronic courses provided through the statewide course catalog    [network].          [(e)  This chapter does not entitle a student who is not   enrolled on a full-time basis in a school district or   open-enrollment charter school to the benefits of the Foundation   School Program.]          SECTION 13.  Chapter 30B, Education Code, as added by this   Act, is amended by adding Subchapter D to read as follows:   SUBCHAPTER D.  FULL-TIME VIRTUAL SCHOOL          Sec. 30B.201.  ELIGIBILITY TO OPERATE FULL-TIME VIRTUAL   SCHOOL.  (a)  The commissioner may establish criteria for,   authorize the operation of, and approve an expansion of a full-time   virtual school under this subchapter.          (b)  A school district or charter school is eligible to   operate a full-time virtual school under this subchapter only if   the district or school receives an overall performance rating of C   or higher under Section 39.054.          (c)  A public or private institution of higher education is   eligible to operate a full-time virtual school under this   subchapter only if the institution:                (1)  complies with all applicable federal and state   laws prohibiting discrimination;                (2)  demonstrates financial solvency;                (3)  provides evidence of prior successful experience   offering online education to students, with demonstrated student   success in course completion and performance, as determined by the   commissioner;                (4)  has a charter granted under Subchapter D or E,   Chapter 12, authorized to provide a full-time virtual school; and                (5)  has not been subject to contract revocation under   Section 30B.212.          (d)  The commissioner may not authorize an entity to operate   more than one full-time virtual school under this subchapter unless   the additional full-time virtual school will be designated as a   dropout recovery school under Section 39.0548.          (e)  An entity that operates a full-time virtual school must   offer:                (1)  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                (2)  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).          (f)  Notwithstanding any other provision of this chapter, a   school district or charter school that operated a full-time online   program during the 2020-2021 school year under former Chapter 30A   may continue to operate the program as a full-time virtual school   under this subchapter for a term of three years. At the end of that   term, the district or charter school must submit a petition for   renewal under Section 30B.213(c) to continue operating the   full-time virtual school. This subsection expires September 1,   2024.          Sec. 30B.202.  FULL-TIME VIRTUAL SCHOOL ENROLLMENT AND   ADMISSION.  (a)  Subject to Subsection (b), the total number of   students enrolled in full-time virtual schools may not exceed:                (1)  for the 2021-2022 school year, 120 percent of the   total number of students enrolled in full-time online programs   offered through the state virtual school network under former   Chapter 30A for the 2020-2021 school year; or                (2)  for each school year after the 2021-2022 school   year, 102 percent of the total number of students enrolled in   full-time virtual schools for the preceding school year.          (b)  The limit under Subsection (a) does not apply to   students who:                (1)  are enrolled in a full-time virtual school to   which admission is restricted under Subsection (f); or                (2)  were enrolled in a school district or charter   school in the state during the preceding school year.          (c)  To ensure compliance with the maximum number of enrolled   students under Subsection (a), the commissioner by rule shall   establish a method for determining the total number of students   that each full-time virtual school may enroll for a school year.          (d)  The commissioner shall adopt rules requiring full-time   virtual schools to prioritize the admission of students who were   enrolled in a school district or charter school during the   preceding school year.          (e)  If a full-time virtual school receives more acceptable   applications for admission than available positions in the school   for a school year, the school shall:                (1)  fill the available positions by lottery;                (2)  create a waitlist for any students not admitted   under Subdivision (1); and                (3)  provide to the agency in accordance with   commissioner rule the number of students on the school's waitlist   under Subdivision (2), if applicable.          (f)  A school district or charter school operating a   full-time virtual school may elect to offer admission to the school   only to students who reside in the district or the geographic area   served by the charter school.          Sec. 30B.203.  FULL-TIME VIRTUAL SCHOOL LIST. (a) The   agency shall:                (1)  create a list of full-time virtual schools;                (2)  publish in a prominent location on the state   virtual school network's Internet website a list of and contact and   waitlist information for all full-time virtual schools and include   a statement for each listed school indicating whether the school   restricts admission under Section 30B.202(f);                (3)  provide access to the accountability ratings of   each full-time virtual school;                (4)  provide notice to each student enrolled in a   full-time virtual school and the student's parent of the name and   contact information of the operator of the full-time virtual school   in which the student is enrolled; and                (5)  include any other information the commissioner   determines necessary to inform student choice.          (b)  The agency shall provide students who have completed or   withdrawn from a full-time virtual school and their parents with a   method for providing comments regarding the school. The comment   method must include a quantitative rating system and a list of   verbal descriptors that a student or parent may select as   appropriate.          (c)  The agency shall provide public access to the comments   submitted by students and parents under this section.          Sec. 30B.204.  INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a)   An entity that operates a full-time virtual school may not promise   or provide equipment or any other thing of value to a student or a   student's parent as an inducement for the student to enroll in the   full-time virtual school.          (b)  The commissioner shall revoke an entity's authorization   to operate a full-time virtual school if the entity violates this   section.          (c)  The commissioner's action under this section is final   and may not be appealed.          Sec. 30B.205.  COMPULSORY ATTENDANCE. The commissioner by   rule shall adopt procedures for reporting and verifying the   attendance of a student enrolled in a full-time virtual school. The   rules may modify the application of Sections 25.085, 25.086, and   25.087 for a student enrolled in a full-time virtual school but must   require participation in an educational program equivalent to the   requirements prescribed by those sections.          Sec. 30B.206.  COURSE ELIGIBILITY.  (a)  A course offered by   a full-time virtual school must be aligned with the essential   knowledge and skills identified under Section 28.002(c) for the   grade level.          (b)  If the essential knowledge and skills with which a   course is aligned in accordance with Subsection (a) are modified,   the entity operating the full-time virtual school must be provided   the same period to revise the course to achieve alignment with the   modified essential knowledge and skills as is provided for the   modification of a course provided in a traditional classroom   setting.          Sec. 30B.207.  APPLICABILITY OF ACCOUNTABILITY   REQUIREMENTS. (a) Chapter 39 applies to a full-time virtual school   in the same manner that the chapter applies to a school district or   open-enrollment charter school.          (b)  Each student enrolled in a subject or course in a   full-time virtual school must take each assessment instrument under   Section 39.023 that is administered to students who are provided   instruction in the subject or course material in the traditional   classroom setting.  The administration of the assessment instrument   to the student enrolled in the full-time virtual school must be   supervised by a proctor.          (c)  An entity that operates multiple full-time virtual   schools under contracts described by Section 30B.212 shall receive   an accountability rating for:                (1)  each full-time virtual school as if the school   were a campus; and                (2)  the entity as if the entity were a school district   or open-enrollment charter school and each full-time virtual school   were a campus of the district or school.          Sec. 30B.208.  TEACHER AND INSTRUCTOR QUALIFICATIONS. (a)   Each teacher at a full-time virtual school must:                (1)  be certified under Subchapter B, Chapter 21, to   teach that course and grade level; and                (2)  successfully complete the appropriate   professional development course provided under Section 30B.116(a)   or 30B.117 before teaching at a full-time virtual school.          (b)  The commissioner by rule shall establish procedures for   verifying successful completion by a teacher of the appropriate   professional development course required by Subsection (a)(2).          (c)  The commissioner by rule shall establish qualifications   and professional development requirements applicable to college   instructors providing instruction in dual credit courses through a   full-time virtual school that allow a student to earn high school   credit and college credit or other credit.          Sec. 30B.209.  FUNDING. (a)  A full-time virtual school in   which a student described by Section 30B.002(a)(1) is enrolled is   entitled to funding under Chapter 48 or in accordance with the terms   of a charter granted under Chapter 12 for the student's enrollment   in electronic courses in a full-time virtual school in the same   manner that a school district or charter school would be entitled to   funding for the student's enrollment in courses provided in a   traditional classroom setting, provided that the student   successfully completes the electronic course.          (b)  A full-time virtual school may charge a fee for a   student who does not qualify under Section 30B.002(a)(1).          Sec. 30B.210.  ORIENTATION COURSE. Each full-time virtual   school shall require a student to take an orientation course before   enrolling in the school.  The agency shall provide guidance   regarding the development and delivery of an orientation course.          Sec. 30B.211.  PARENT-TEACHER CONFERENCE. (a)  Each   full-time virtual school, on a periodic basis throughout each   school year, shall communicate with each parent of or person   standing in parental relation to an enrolled student regarding the   performance and progress of the student. The school shall:                (1)  provide opportunities for parent-teacher   conferences;                (2)  document any requests for parent-teacher   conferences; and                (3)  permit students to participate in the   parent-teacher conferences.          (b)  Parent-teacher conferences may be conducted in person   or through electronic means.          Sec. 30B.212.  CONTRACTING FOR FULL-TIME VIRTUAL SCHOOL   SERVICES. (a) A school district or charter school authorized to   operate a full-time virtual school under Section 30B.201 that   contracts with an entity to operate the full-time virtual school   shall report to the agency:                (1)  the identity of the contracted entity each year   the contracted entity operates the full-time virtual school; and                (2)  information required to be reported under Section   48.008 regarding staff and finances as if the full-time virtual   school were a campus.          (b)  A school district or charter school shall revoke a   contract with an entity to operate a full-time virtual school for   the district or school if the entity has received for the three most   recent school years a campus or district accountability rating of D   or F under Subchapter C, Chapter 39. A school district or charter   school shall include a contract revocation provision in each   contract entered into with an entity to operate a full-time virtual   school for the district or school under this section.          (c)  The agency shall notify a school district or charter   school that the district or school is subject to Subsection (b) if   its full-time virtual school campus has received for the three most   recent school years accountability ratings described by Subsection   (b). Failure to receive notice under this subsection does not   affect the requirement imposed on the district or school under   Subsection (b).          (d)  A school district or charter school may not contract   with an entity to operate a full-time virtual school for the   district or school if the contracted entity operated a full-time   virtual school for a district or school and the contracting entity   was subject to a contract revocation under Subsection (b) within   the preceding 10 years.          (e)  The agency shall include a list of entities subject to a   contract revocation under Subsection (b) on the state virtual   school network Internet website.          (f)  An entity under this section includes a corporate   affiliate or an entity that is substantially related to the entity.          (g)  The commissioner may adopt rules to implement this   section.          Sec. 30B.213.  INITIAL TERM OF OPERATION; PROCEDURE FOR   RENEWAL, DENIAL OF RENEWAL, AND EXPIRATION. (a) The initial term   of operation for a full-time virtual school is five years.          (a-1)  Notwithstanding Subsection (a), the initial term of   operation for a full-time virtual school is three years for a school   district or charter school that receives initial authorization to   operate the full-time virtual school for the 2021-2022 or 2022-2023   school year.  This subsection expires September 1, 2025.          (b)  The commissioner by rule shall develop a procedure for   the renewal, denial of renewal, and expiration of an authorization   to operate a full-time virtual school at the end of the   authorization's term. The procedure must include consideration of   the accountability rating under Chapter 39 of the full-time virtual   school.          (c)  To renew an authorization to operate a full-time virtual   school at the end of a term of operation, the entity operating the   full-time virtual school shall submit a petition for renewal to the   commissioner in the time and manner developed under Subsection (b).          (d)  If an entity authorized to operate a full-time virtual   school under Section 30B.201 has received for the three most recent   school years an accountability rating for the school of B or higher   under Subchapter C, Chapter 39, and submits a petition for renewal   under Subsection (c), the entity's authorization to operate the   school automatically renews unless, not later than the 60th day   after the date the entity submits the petition, the commissioner   provides written notice to the entity that automatic renewal is   denied.          (e)  If an entity authorized to operate a full-time virtual   school under Section 30B.201 has received for the three most recent   school years an accountability rating for the school of C under   Subchapter C, Chapter 39, the commissioner may deny renewal of   authorization for the entity to operate the school.          (f)  If an entity authorized to operate a full-time virtual   school under Section 30B.201 has received a campus or district   accountability rating of D or F under Subchapter C, Chapter 39, the   commissioner shall deny renewal of authorization for the entity to   operate a school.          (g)  The renewal term for a full-time virtual school under   this section is 10 years.          (h)  Notwithstanding any other law, a determination by the   commissioner under this section is final and may not be appealed.          Sec. 30B.214.  BASIS FOR REVOCATION OF FULL-TIME VIRTUAL   SCHOOL AUTHORIZATION. (a) The commissioner may revoke   authorization for an entity to operate a full-time virtual school   under this subchapter if the commissioner determines that:                (1)  the school is not meeting the best interests of its   students; or                (2)  the revocation is necessary to ensure that   full-time virtual schools are high quality.          (b)  The commissioner shall revoke the authorization for an   entity to operate a full-time virtual school under this subchapter   if the entity has received for the three most recent years a campus   or district accountability rating of D or F under Subchapter C,   Chapter 39.          Sec. 30B.215.  PROCEDURE FOR REVOCATION OR DENIAL OF   RENEWAL. (a) The procedure developed by the commissioner under   Section 30B.213(b) shall include an informal procedure for:                (1)  revoking an authorization to operate a full-time   virtual school; and                (2)  denying the renewal of an authorization to operate   a full-time virtual school.          (b)  The procedure developed under Subsection (a) must allow   representatives of the full-time virtual school to meet with the   commissioner to discuss the decision and allow the full-time   virtual school to submit additional information to the   commissioner. In a final decision issued by the commissioner, the   commissioner shall provide a written response to any information   the full-time virtual school submits under this subsection.          (c)  A decision by the commissioner under this section is   final and may not be appealed.          Sec. 30B.216.  EFFECT OF REVOCATION OR DENIAL OF RENEWAL OF   AUTHORIZATION TO OPERATE FULL-TIME VIRTUAL SCHOOL. If the   commissioner revokes or denies the renewal of an entity's   authorization to operate a full-time virtual school under this   subchapter, the school may not continue to operate or receive state   funds under this subchapter.          SECTION 14.  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 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 15.  Section 48.104(f), Education Code, is amended   to read as follows:          (f)  A student receiving a full-time virtual education under   Chapter 30B [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 or full-time virtual school   submits to the commissioner a plan detailing the enhanced services   that will be provided to the student and the commissioner approves   the plan.          SECTION 16.  The following provisions of the Education Code   are repealed:                (1)  the heading to Chapter 30A;                (2)  the heading to Subchapter A, Chapter 30A;                (3)  Section 30A.006;                (4)  the heading to Subchapter B, Chapter 30A;                (5)  Section 30A.053;                (6)  Section 30A.055;                (7)  Section 30A.056;                (8)  the heading to Subchapter C, Chapter 30A;                (9)  Section 30A.1042;                (10)  the heading to Subchapter D, Chapter 30A; and                (11)  Section 30A.152.          SECTION 17.  This Act applies beginning with the 2021-2022   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, 2021.