By: West S.B. No. 1389               A BILL TO BE ENTITLED   AN ACT   relating to remote learning programs provided by school districts   and the calculation of average daily attendance in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.081, Education Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A school district or open-enrollment charter school   may include any minutes provided through a remote learning program   under Subchapter O, Chapter 29, in the minutes of operation   required by Subsection (a).          SECTION 2.  Chapter 29, Education Code, is amended by adding   Subchapter O to read as follows:                SUBCHAPTER O. SCHOOL DISTRICT REMOTE LEARNING PROGRAM          Sec. 29.601.  DEFINITION. In this subchapter, "remote   learning" means instruction or a course offered by a school   district or open-enrollment charter school in which:                      (1)  instruction and content are delivered   primarily over the internet;                      (2)  the student and teacher are in different   locations for a majority of the instructional period;                      (3)  most instructional activities take place in   an online environment; and                      (4)  the student is not required to be located on   the physical premises of a school district to receive the   instruction.          Sec.  29.602  ESTABLISHMENT OF REMOTE LEARNING PROGRAM. (a)     A school district or open-enrollment charter school may establish a   remote learning program in which the district provides instruction   through remote learning to a student eligible under Section 29.603   or 20.604(b).          (b)  A school district or open-enrollment charter school   that establishes a program under Subsection (a) must ensure that a   participating student makes annual progress toward grade   completion or graduation.          (c)  If a school district or open-enrollment charter school   offers remote instruction for students receiving special education   services, the program must meet the needs of a participating   student in a manner consistent with Subchapter A 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).          (d)  A school district or open-enrollment charter school may   enroll a student in a remote learning program for a limited   instructional time of the student's total instructional time and   provide the remaining instruction to the student in a traditional   classroom setting.          (e)  A school district or open-enrollment charter school   shall adopt procedures for reporting and verifying the attendance   of a student enrolled in a remote learning program. The rules may   modify the application of Sections 25.085, 25.086, 25.087 for a   student enrolled in a remote learning program but must require   active participation by the student in the program.          (f)  The agency may not require a school district to use a   specific curriculum provided or determined by the agency for remote   learning.           Sec.  29.603.  STUDENT ELIGIBILITY FOR REMOTE LEARNING. Any   student enrolled in a school district or open-enrollment charter   school is eligible to enroll in a remote learning program under the   subchapter if the district offers the program.          Sec. 29.604.  ENROLLMENT OF STUDENTS FOR SPECIAL EDUCATION   SERVICES. (a) A district or open enrollment charter school may   enroll a student in a remote learning program if the district or   open enrollment charter school provides for in person special   education services under Subchapter A to any student enrolled in   the remote learning program who is eligible or who may in the future   be identified as being eligible to receive services under   Subchapter A.          (b)  Notwithstanding Section 29.603, a school district may   enroll a student in the district's remote learning program who   would not otherwise qualify if:                (1)  the district enters into an agreement with the   school district in which the student would otherwise be enrolled to   provide remote learning to that student, and                (2)  the agreement provides that a student   participating in the remote learning program that is eligible for   in-person special education services under Subchapter A shall   receive those services from the school district in which the   student would otherwise be enrolled.          Sec. 29.605. REMOTE LEARNING INSTRUCTION OR COURSE   COMPLETION. (a) Except as provided by Subsection (b), for a student   to successfully complete instruction or courses provided through a   remote learning program, the student's classroom teacher must   determine that the student demonstrates academic proficiency of the   content for the curriculum or course under the district's grading   policy sufficient to:                      (1)  for a student in high school, receive credit   for the course; or                      (2)  for a student enrolled in elementary or   middle school grades, be promoted to the next grade level.          (b)  If a student is enrolled in a remote learning program   for a limited instructional time, the student's classroom teacher   must determine whether the student successfully completes the   instruction or course based on the student's demonstrated academic   proficiency of the content for the curriculum or course delivered   during the student's instructional time provided through remote   learning.          Sec.  29.606.  APPLICABILITY OF ACCOUNTABILITY   REQUIREMENTS. (a) Chapter 39 applies to remote learning   instruction or courses in the same manner that chapter applies to   any other instruction or course offered by a school district.          (b)  Each student enrolled in a remote learning program under   this subchapter must take any assessment instrument required under   Section 39.023.           (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   instruction administered to students enrolled in remote learning   instruction or courses separately from the results of assessment   instruments administered to other students.          Sec.  29.607  FOUNDATION SCHOOL PROGRAM FUNDING. A school   district is entitled to funding under Chapter 48 for a student   enrolled in a remote learning program in the same manner that the   district is entitled to funding for the student's enrollment in a   traditional classroom setting, provided that the student   successfully completes the remote learning instruction or course.          Sec. 29.608.  Extra-Curricular Activities for Remote   Learning Student. A student participating in local remote learning   may participate in University Interscholastic League or other   extra-curricular activities at the physical campus at which the   student is enrolled in accordance with local district or charter   policy.           Sec.  29.609.  COMMISSIONER AUTHORITY. The commissioner may   not waive a provision of this subchapter.          SECTION 3.  Chapter 34, Education Code is amended by adding   Section 34.016 to read as follows:          Sec.  34.016  TRANSPORTATION FOR STUDENTS PARTICIPATING IN   REMOTE LEARNING. (a) A student participating in a remote learning   program provided by a school district under subchapter O, Chapter   29, is eligible for transportation services under this chapter.          SECTION  4.  Section 48.005, Education Code, is amended by   adding Section 48.005 (h-1) which reads as follows:          (h-1)  Students participating in local remote learning under   Subchapter O, Chapter 21 shall be counted towards average   attendance for the portion of the school year in which the student   is enrolled by using the average daily attendance rate for the   district or charter as a whole. A student participating in local   remote learning shall be considered as in full or half-time   attendance based on the coursework in which the student is enrolled   in the same manner as students solely attending a school facility.   All funding allotments in this code apply to a student   participating in local remote learning in the same manner as for a   student served entirely at a school facility. Nothing in this   subsection shall be construed to count any student as in more than   full-time attendance.          SECTION  5.  This Act takes effect September 1, 2021.