87R17737 MLH-F     By: Bell of Kaufman, Huberty, Toth, H.B. No. 1468       González of El Paso, Dutton, et al.     Substitute the following for H.B. No. 1468:     By:  Bell of Kaufman C.S.H.B. No. 1468       A BILL TO BE ENTITLED   AN ACT   relating to a local remote learning program offered by a public   school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.092, Education Code, is amended by   adding Subsection (a-3) to read as follows:          (a-3)  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.          SECTION 2.  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)  In this   section, "synchronous instruction" means instruction provided in a   manner in which the instructor and the student are engaged at the   same time with the ability to interact in real time.          (b)  A school district or open-enrollment charter school may   establish a local remote learning program to offer synchronous   virtual courses outside the state virtual school network under   Chapter 30A to eligible students.           (c)  A virtual course offered under a local remote learning   program:                (1)  must be provided through synchronous 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)  was enrolled in a public school in this state in   the preceding school year;                (2)  is enrolled in a school district or   open-enrollment charter school in grade level three or above;                (3)  has reasonable access to in-person services for   the course at a district or school facility; and                (4)  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 offers a local remote learning program:                (1)  shall periodically assess the performance of   students enrolled in virtual courses under the program; and                (2)  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).          (f)  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.          (g)  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.          (h)  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).          (i)  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.          (j)  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.          (k)  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.          (l)  Chapter 30A does not apply to a virtual course offered   under a local remote learning program.          SECTION 3.  Section 39.301(c), Education Code, is amended to   read as follows:          (c)  Indicators for reporting purposes must include:                (1)  the percentage of graduating students who meet the   course requirements established by State Board of Education rule   for:                      (A)  the foundation high school program;                      (B)  the distinguished level of achievement under   the foundation high school program; and                      (C)  each endorsement described by Section   28.025(c-1);                (2)  the results of the SAT, ACT, and certified   workforce training programs described by Chapter 311, Labor Code;                (3)  for students who have failed to perform   satisfactorily, under each performance standard under Section   39.0241, on an assessment instrument required under Section   39.023(a) or (c), the performance of those students on subsequent   assessment instruments required under those sections, aggregated   by grade level and subject area;                (4)  for each campus, the number of students,   disaggregated by major student subpopulations, that take courses   under the foundation high school program and take additional   courses to earn an endorsement under Section 28.025(c-1),   disaggregated by type of endorsement;                (5)  the percentage of students, aggregated by grade   level, provided accelerated instruction under Section 28.0211(c),   the results of assessment instruments administered under that   section, the percentage of students promoted through the grade   placement committee process under Section 28.0211, the subject of   the assessment instrument on which each student failed to perform   satisfactorily under each performance standard under Section   39.0241, and the performance of those students in the school year   following that promotion on the assessment instruments required   under Section 39.023;                (6)  the percentage of students of limited English   proficiency exempted from the administration of an assessment   instrument under Sections 39.027(a)(1) and (2);                (7)  the percentage of students in a special education   program under Subchapter A, Chapter 29, assessed through assessment   instruments developed or adopted under Section 39.023(b);                (8)  the percentage of students who satisfy the college   readiness measure;                (9)  the measure of progress toward dual language   proficiency under Section 39.034(b), for students of limited   English proficiency, as defined by Section 29.052;                (10)  the percentage of students who are not   educationally disadvantaged;                (11)  the percentage of students who enroll and begin   instruction at an institution of higher education in the school   year following high school graduation; [and]                (12)  the percentage of students who successfully   complete the first year of instruction at an institution of higher   education without needing a developmental education course; and                (13)  for each school district and campus, the   performance of students who spend at least half of the students'   instructional time in virtual courses offered under a local remote   learning program under Section 29.9091.          SECTION 4.  This Act applies beginning with the 2021-2022   school year.          SECTION 5.  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.