By: Guillen H.B. No. 172       A BILL TO BE ENTITLED   AN ACT   relating to virtual and off-campus electronic instruction at a   public school, the satisfaction of teacher certification   requirements through an internship teaching certain virtual   courses, and the allotment for certain special-purpose school   districts under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.051, Education Code, is amended by   adding Subsection (g) to read as follows:          (g)  Rules proposed by the board under Section 21.044(a) or   this section may allow a candidate to satisfy certification   requirements through an internship that provides the candidate   employment as a teacher for courses offered through a local remote   learning program under Section 29.9091 or the state virtual school   network under Chapter 30A. This subsection expires September 1,   2023.          SECTION 2.  Section 25.092, Education Code, is amended by   adding Subsection (a-4) to read as follows:          (a-4)  A school district or open-enrollment charter school   may adopt a policy to exempt students from the requirements of this   section for one or more courses identified in the policy that are   offered under a local remote learning program under Section   29.9091. This subsection expires September 1, 2023.          SECTION 3.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.9091 to read as follows:          Sec. 29.9091.  LOCAL REMOTE LEARNING PROGRAM. (a) A school   district or open-enrollment charter school assigned an overall   performance rating of C or higher under Section 39.054 for the   preceding school year or the most recent school year in which a   performance rating was assigned may operate a local remote learning   program to offer virtual courses outside the state virtual school   network under Chapter 30A to eligible students.          (b)  A school district or open-enrollment charter school   that operates a full-time local remote learning program must:                (1)  include in the program:                      (A)  at least one grade level in which an   assessment instrument is required to be administered under Section   39.023(a), including each subject for which an assessment   instrument is required; or                      (B)  a complete high school program, including   each course for which an end-of-course assessment instrument is   required to be administered under Section 39.023(c); and                (2)  offer the option for a student's parent or person   standing in parental relation to select in-person instruction for   the student.          (c)  A virtual course offered under a local remote learning   program:                (1)  may be provided through synchronous instruction,   asynchronous instruction, or a combination of synchronous and   asynchronous instruction; and                (2)  may be provided in combination with in-person   instruction as appropriate to meet the needs of individual   students.          (d)  A student is eligible to enroll in a virtual course   offered under a local remote learning program if the student:                (1)  is enrolled in a school district or   open-enrollment charter school;                (2)  has reasonable access to in-person services for   the course at a district or school facility; and                (3)  meets any additional criteria, including minimum   academic standards, established by the school district or   open-enrollment charter school in which the student is enrolled.          (e)  A school district or open-enrollment charter school   that operates a local remote learning program:                (1)  shall periodically assess the performance of   students enrolled in virtual courses under the program; and                (2)  subject to Subsection (f), may remove a student   from virtual courses under the program and return the student to   in-person instruction if the district or school determines that the   student does not meet the criteria described by Subsection (d).          (f)  A school district or open-enrollment charter school may   remove a student from virtual courses under Subsection (e)(2) only   if the district or school establishes a process to ensure that each   student and the student's parent or person standing in parental   relation have sufficient notice and opportunity to provide input   before the student is removed from those courses.          (g)  A school district or open-enrollment charter school may   contract with another school district or open-enrollment charter   school to allow a student enrolled in the sending district or school   to enroll in virtual courses offered under the local remote   learning program of the receiving district or school. A student   enrolled in virtual courses under an agreement described by this   subsection is considered enrolled in the sending district or school   for purposes of average daily attendance and accountability under   Chapters 39 and 39A.          (h)  An assessment instrument administered under Section   39.023 or 39.025 to a student enrolled in a virtual course offered   under a local remote learning program shall be administered to the   student in the same manner in which the assessment instrument is   administered to other school district or open-enrollment charter   school students.          (i)  If a school district or open-enrollment charter school   offers virtual courses under a local remote learning program for   students receiving special education services, the courses must   meet the needs of a participating student in a manner consistent   with Subchapter A of this chapter and with federal law, including   the Individuals with Disabilities Education Act (20 U.S.C. Section   1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29   U.S.C. Section 794).          (j)  A teacher may not provide instruction for a virtual   course offered under a full-time local remote learning program   unless the teacher has completed a professional development course   on virtual instruction.          (k)  A school district or open-enrollment charter school may   not assign a teacher to teach a full-time local remote learning   program unless the teacher agrees to the assignment in writing or   the assignment is specifically stated in the employment contract of   the teacher for the academic school year. A district or school may   not directly or indirectly coerce any teacher to agree to an   assignment to teach a full-time local remote learning program.          (l)  A school district or open-enrollment charter school may   not require a teacher to provide both virtual instruction and   in-person instruction for a course during the same class period.          (m)  A student enrolled in a virtual course offered under a   local remote learning program may participate in an extracurricular   activity sponsored or sanctioned by the school district or   open-enrollment charter school in which the student is enrolled or   by the University Interscholastic League in the same manner as   other district or school students.          (n)  A student enrolled in a virtual course offered under a   local remote learning program shall be counted toward the school   district's or open-enrollment charter school's average daily   attendance in the same manner as other district or school students.   The commissioner shall adopt rules providing for a method of taking   attendance, once each school day, for students enrolled in a   virtual course offered under a local remote learning program.          (o)  Chapter 30A does not apply to a virtual course offered   under a local remote learning program.          (p)  This section does not prohibit a student enrolled in a   school district or open-enrollment charter school that operates a   local remote learning program from enrolling in courses offered   through the state virtual school network under Chapter 30A.          (q)  In evaluating under Section 39.054 the performance of a   school district or open-enrollment charter school that operates a   full-time local remote learning program, the commissioner shall   assign the program separate overall and domain performance ratings   as if the program were a campus of the district or school. For   purposes of assigning performance ratings under this subsection,   only students who spend at least half of the students'   instructional time in virtual courses offered under the program are   considered enrolled in the program.          (r)  A school district or open-enrollment charter school   that operates a local remote learning program may not enroll in the   program a number of students that exceeds 10 percent of the total   number of students enrolled in the district or school during the   2021-2022 school year. The commissioner may waive this subsection:                (1)  on application by a school district or   open-enrollment charter school; or                (2)  in response to a public health emergency.          (s)  This section expires September 1, 2023.          SECTION 4.  Section 39.301, Education Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  In addition to the indicators described by Subsection   (c), the indicators for reporting purposes must include, for each   school district and campus, the performance of students who spend   at least half of the students' instructional time in virtual   courses offered under a local remote learning program under Section   29.9091. This subsection expires September 1, 2023.          SECTION 5.  Section 48.005, Education Code, is amended by   amending Subsection (h) and adding Subsections (m-1) and (m-2) to   read as follows:          (h)  Subject to rules adopted by the commissioner under   Section 48.007(b), time that a student participates in an   off-campus instructional program approved under Section 48.007(a)   or a course or program provided under Section 48.007(c) shall be   counted as part of the minimum number of instructional hours   required for a student to be considered a full-time student in   average daily attendance for purposes of this section.          (m-1)  This subsection applies only to a dropout recovery   school or program operating under Section 12.1141(c) or 39.0548   that is provided as a local remote learning program under Section   29.9091. For a dropout recovery school or program to which this   subsection applies, the commissioner shall establish an   asynchronous progression funding method for determining average   daily attendance based on full and partial semester course   completion.          (m-2)  Subsection (m-1) and this subsection expire September   1, 2023.          SECTION 6.  The heading to Section 48.007, Education Code,   is amended to read as follows:          Sec. 48.007.  OFF-CAMPUS COURSES OR PROGRAMS COUNTED   [APPROVED] FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.          SECTION 7.  Section 48.007, Education Code, is amended by   amending Subsection (b) and adding Subsections (c), (d), and (e) to   read as follows:          (b)  The commissioner shall adopt by rule verification and   reporting procedures to report student participation [concerning   time spent by students participating] in instructional programs   approved under Subsection (a) or courses or programs provided under   Subsection (c).          (c)  A school district or open-enrollment charter school may   provide one or more off-campus electronic courses, an off-campus   electronic program, or an instructional program that combines   in-person instruction and off-campus electronic instruction to   students enrolled in the district or school who have reasonable   access to in-person services at a district or school facility.   Off-campus electronic instruction for a course or program provided   under this subsection may be provided synchronously or   asynchronously. A student enrolled in a course or program provided   under this subsection shall be counted toward the district's or   school's average daily attendance in the same manner as other   district or school students. In adopting rules under Subsection   (b), the commissioner shall provide for a method of taking   attendance, once each school day, for students enrolled in a course   or program provided under this subsection.          (d)  A school district or open-enrollment charter school   that operated during the 2020-2021 school year a full-time virtual   program outside the state virtual network under Chapter 30A may:                (1)  continue to operate the virtual program on a   full-time basis;                (2)  apply the same enrollment and transfer criteria   used during the 2020-2021 school year; and                (3)  offer the program to students in any grade level or   combination of grade levels from kindergarten through grade 12 as   long as the program includes at least one grade level for which an   assessment instrument is administered under Section 39.023.          (e)  Subsection (d) and this subsection expire September 1,   2023.          SECTION 8.  Section 48.053, Education Code, is amended by   adding Subsections (b-1) and (b-2) to read as follows:          (b-1)  This subsection applies only to a special-purpose   district described by Subsection (a) that existed before September   1, 2019.  For a district to which this subsection applies, the   commissioner shall establish an asynchronous progression funding   method that may be used to determine the amount of the district's   entitlement under Subsection (b) based on full and partial semester   course completion.          (b-2)  Subsection (b-1) and this subsection expire September   1, 2023.          SECTION 9.  This Act applies beginning with the 2021-2022   school year.          SECTION 10.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect on the 91st day after the last day of   the legislative session.