87R5900 KJE-D By: Paxton S.B. No. 1695 A BILL TO BE ENTITLED AN ACT relating to online courses and programs offered by a public school, including courses and programs offered through the state virtual school network. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.9091 to read as follows: Sec. 29.9091. ONLINE COURSES. (a) A school district or open-enrollment charter school may develop online courses outside the state virtual school network under Chapter 30A to be offered to students enrolled in the district or school. (b) A school district or open-enrollment charter school 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 online course in the same manner that the district or school is entitled to funding for the student's enrollment in courses in a traditional classroom setting. (c) The commissioner shall adopt rules regarding attendance accounting for courses offered under this section. SECTION 2. Subchapter C, Chapter 30A, Education Code, is amended by adding Section 30A.1011 to read as follows: Sec. 30A.1011. FULL-TIME ONLINE PROGRAM. A school district or open-enrollment charter school may operate a full-time online program through the state virtual school network if the district or school is eligible to act as a course provider under Section 30A.101. SECTION 3. Section 30A.103(d), Education Code, is amended to read as follows: (d) The criteria must be in place at least six months before [the administering authority uses] the criteria is used in evaluating an electronic course under Section 30A.105 or 30A.1053. SECTION 4. The heading to Section 30A.105, Education Code, is amended to read as follows: Sec. 30A.105. APPROVAL OF ELECTRONIC COURSES BY ADMINISTERING AUTHORITY. SECTION 5. Sections 30A.105(a), (b), and (c), Education Code, are amended to read as follows: (a) Subject to Section 30A.1053, the [The] administering authority shall: (1) establish a submission and approval process for electronic courses that occurs on a rolling basis; and (2) evaluate electronic courses to be offered through the state virtual school network. (b) The administering authority shall establish the cost of providing an electronic course approved under Subsection (a) or Section 30A.1053, which may not exceed $400 per student per course or $4,800 per full-time student. (c) The agency shall pay the reasonable costs of evaluating and approving electronic courses under this section. 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. SECTION 6. Subchapter C, Chapter 30A, Education Code, is amended by adding Section 30A.1053 to read as follows: Sec. 30A.1053. APPROVAL OF ELECTRONIC COURSES BY DISTRICT OR SCHOOL. (a) A school district or open-enrollment charter school that is eligible to act as a course provider under Section 30A.101 may establish a process by which the district or school evaluates and approves electronic courses developed by the district or school to be offered through the state virtual school network. (b) A process established under Subsection (a) must require an electronic course to comply with the requirements under Sections 30A.103 and 30A.104. (c) The agency shall review each electronic course approved by a school district or open-enrollment charter school under this section to ensure that the course meets minimum accessibility standards, as established by commissioner rule. (d) The administering authority shall include in the state virtual school network electronic courses approved by a school district or open-enrollment charter school and reviewed by the agency under this section. SECTION 7. Section 30A.153(a), Education Code, is amended to read as follows: (a) A [Subject to the limitation imposed under Subsection (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 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. SECTION 8. The following provisions of the Education Code are repealed: (1) Section 26.0031(c-1); and (2) Section 30A.153(a-1). 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 September 1, 2021.