88R28765 JES-D     By: Bettencourt, et al. S.B. No. 1861     (King of Hemphill)     Substitute the following for S.B. No. 1861:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the provision of virtual education in public schools   and to certain waivers and modifications by the commissioner of   education to the method of calculating average daily attendance in   an emergency or crisis for purposes of preserving school district   funding entitlements under the Foundation School Program during   that emergency or crisis; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. VIRTUAL EDUCATION          SECTION 1.01.  The heading to Section 26.0031, Education   Code, is amended to read as follows:          Sec. 26.0031.  RIGHTS CONCERNING [STATE] VIRTUAL COURSES   [SCHOOL NETWORK].          SECTION 1.02.  Section 26.0031, Education Code, is amended   by amending Subsections (a), (b), (c), (c-1), (d), and (e) and   adding Subsection (b-1) to read as follows:          (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 a virtual [an electronic] course   offered by the district or school in which the student is enrolled   or by another district or school [through the state virtual school   network] 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 a virtual [an electronic] course   offered by the district or school in which the student is enrolled   or by another district or school [through the state virtual school   network] under Chapter 30B [30A].          (b-1)  A school district or open-enrollment charter school   may not actively discourage a student, including by threat or   intimidation, from enrolling in a virtual course.          (c)  A school district or open-enrollment charter school may   deny a request to enroll a student in a virtual [an electronic]   course if:                (1)  a 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;                (2)  the student requests permission to enroll in a   virtual [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 determines that the cost of   the course is too high [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 virtual [electronic] courses, or the equivalent, during   any school year.  This subsection does not:                (1)  limit the ability of the student to enroll in   additional virtual [electronic] courses at the student's cost; or                (2)  apply to a student enrolled in a full-time virtual   [online] program [that was operating on January 1, 2013].          (d)  Notwithstanding Subsection (c)(2), a school district or   open-enrollment charter school that provides a virtual [an   electronic] course [through the state virtual school network] under   Chapter 30B [30A] shall make all reasonable efforts to accommodate   the enrollment of a student in the course under special   circumstances.          (e)  A school district or open-enrollment charter school   that denies a request to enroll a student in a virtual course under   Subsection (c) must provide a written explanation of the denial to   the student and the student's parent. The written explanation must   provide notice of the student's ability to appeal the decision and   an explanation of the appeal process, including the process of   pursuing a final appeal heard by the board of trustees of the   district or the governing board of the school. A determination made   by the board of trustees of the school district or the governing   board of the open-enrollment charter school [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.   The commissioner's decision] under this subsection is final and may   not be appealed.          SECTION 1.03.  Section 29.9091, Education Code, is amended   by amending Subsections (a), (d), (e), (n), (o), and (p) to read as   follows:          (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.          (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 in fourth through twelfth grade;                (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)[;   and                [(3)  may not count a student for purposes of   calculating the district's or school's average daily attendance if   the student has 10 or more unexcused absences in the program in a   six-month period].          (n)  A [Except as otherwise provided under Subsection   (e)(3), 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 30B [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 30B [30A].          SECTION 1.04.  Subtitle F, Title 2, Education Code, is   amended by adding Chapter 30B to read as follows:   CHAPTER 30B. VIRTUAL COURSES AND FULL-TIME HYBRID AND VIRTUAL   CAMPUSES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 30B.001.  DEFINITIONS. In this chapter:                (1)  "Full-time hybrid campus" means a full-time   educational program authorized under Subchapter C in which:                      (A)  a student is in attendance in person for less   than 90 percent of the minutes of instruction provided; and                      (B)  the instruction and content may be delivered   over the Internet, in person, or through other means.                (2)  "Full-time virtual campus" means a full-time   educational program authorized under Subchapter C in which:                      (A)  a student is in attendance in person   minimally or not at all; and                      (B)  the instruction and content are delivered   primarily over the Internet.                (3)  "Parent" means a student's parent or a person   standing in parental relation to a student.                (4)  "Virtual course" means a course in which   instruction and content are delivered primarily over the Internet.                (5)  "Whole campus virtual instruction provider" means   a private or third-party service that provides oversight and   management of the virtual instruction services or otherwise   provides a preponderance of those services for a full-time virtual   or full-time hybrid campus.          Sec. 30B.002.  RULES. (a) The commissioner shall adopt   rules as necessary to administer this chapter.          (b)  To the extent practicable, the commissioner shall   consult school districts, open-enrollment charter schools, and   parents in adopting rules under this section.          (c)  The agency may form an advisory committee similar to an   advisory committee described by Section 2110.001, Government Code,   to comply with the provisions of this section. Chapter 2110,   Government Code, does not apply to an advisory committee formed   under this section.          Sec. 30B.003.  GRANTS AND FEDERAL FUNDS. (a) For purposes   of this chapter, the commissioner may seek and accept a grant from a   public or private person.          (b)  For purposes of this chapter, the commissioner may   accept federal funds and shall use those funds in compliance with   applicable federal law, regulations, and guidelines.          Sec. 30B.004.  PROVISION OF COMPUTER EQUIPMENT OR INTERNET   SERVICE. This chapter does not:                (1)  require a school district, an open-enrollment   charter school, a virtual course provider, or the state to provide a   student with home computer equipment or Internet access for a   virtual course provided by a school district or open-enrollment   charter school; or                (2)  prohibit a school district or open-enrollment   charter school from providing a student with home computer   equipment or Internet access for a virtual course provided by the   district or school.   SUBCHAPTER B. VIRTUAL COURSES          Sec. 30B.051.  VIRTUAL COURSE INSTRUCTION PERMITTED IN   CERTAIN GRADES. (a) A school district or open-enrollment charter   school may deliver instruction through virtual courses in the   manner provided by this chapter.          (a-1)  The following entities may deliver instruction   through virtual courses under this chapter in the same manner   provided for a school district or open-enrollment charter school:                (1)  a consortium of school districts or   open-enrollment charter schools;                (2)  an institution of higher education, as that term   is defined by Section 61.003; or                (3)  a regional education service center.          (b)  A school district or open-enrollment charter school   that delivers instruction through a virtual course shall develop   written information describing each virtual course available for   enrollment and complying with any other requirement of Section   26.0031.          (c)  A school district or open-enrollment charter school   shall make information under this section available to students and   parents at the time students ordinarily select courses and may   provide that information to students and parents at other times as   determined by the district or school.          (d)  Notwithstanding any other law, a student enrolled in   prekindergarten through third grade may not enroll in a virtual   course.          Sec. 30B.052.  VIRTUAL COURSE QUALITY REQUIREMENTS. A   school district or open-enrollment charter school that offers a   virtual course under this chapter must certify to the commissioner   that the virtual course:                (1)  includes the appropriate essential knowledge and   skills adopted under Subchapter A, Chapter 28;                (2)  provides instruction at the appropriate level of   rigor for the grade level at which the course is offered and will   prepare a student enrolled in the course for the student's next   grade level or a subsequent course in a similar subject matter; and                (3)  meets standards for virtual courses adopted by the   commissioner, or, if standards are not adopted by the commissioner   for virtual courses, the National Standards for Quality Online   Courses published by the Virtual Learning Leadership Alliance,   Quality Matters, and the Digital Learning Collaborative, or a   successor publication.          Sec. 30B.053.  RIGHTS OF STUDENTS REGARDING VIRTUAL COURSES.   (a) Except as provided by Section 30B.106(b), a school district or   open-enrollment charter school may not require a student to enroll   in a virtual course.          (b)  A student enrolled in a virtual course offered under   this chapter 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.          (c)  A virtual course offered under this chapter to a student   receiving special education services or other accommodations must   meet the needs of the participating student in a manner consistent   with Subchapter A, Chapter 29, 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), as applicable.          Sec. 30B.054.  RIGHTS OF TEACHERS REGARDING VIRTUAL COURSES.   (a) A school district or open-enrollment charter school may not   require a classroom teacher to provide both virtual instruction and   in-person instruction for a course offered under this chapter   during the same class period. The commissioner may waive the   requirements of this subsection for courses included in the   enrichment curriculum under Section 28.002.          (b)  A classroom teacher may not provide instruction for a   virtual course offered under this chapter unless:                (1)  the teacher has received appropriate professional   development in virtual instruction, as determined by the school   district or open-enrollment charter school at which the teacher is   employed; or                (2)  the district or school has determined that the   teacher has sufficient previous experience to not require the   professional development described by Subdivision (1).          (c)  A school district or open-enrollment charter school may   not directly or indirectly coerce any classroom teacher hired to   provide in-person instruction to agree to an assignment to teach a   virtual course or a course at a full-time hybrid campus.          Sec. 30B.055.  ASSESSMENTS. Except as authorized by   commissioner rule, an assessment instrument administered under   Section 39.023 or 39.025 to a student enrolled in a virtual course   offered under this chapter shall be administered to the student in   the same manner in which the assessment instrument is administered   to a student enrolled in an in-person course at the student's school   district or open-enrollment charter school.          Sec. 30B.056.  TUITION AND FEES. A school district or   open-enrollment charter school may charge tuition and fees for a   virtual course provided to a student who:                (1)  is not eligible to enroll in a public school in   this state; or                (2)  is not enrolled in the school district or   open-enrollment charter school.          Sec. 30B.057.  ATTENDANCE FOR CLASS CREDIT OR GRADE.  A   school district or open-enrollment charter school shall establish   the participation necessary to earn credit or a grade for a virtual   course offered by the district or school notwithstanding Section   25.092.          Sec. 30B.058.  FOUNDATION SCHOOL FUNDING. A student   enrolled in a virtual course offered under this chapter by a school   district or open-enrollment charter school is counted toward the   district's or school's average daily attendance in the same manner   as district or school students not enrolled in a virtual course.          Sec. 30B.059.  AGENCY PUBLICATION OF AVAILABLE COURSES. (a)   The agency shall publish a list of virtual courses offered by school   districts and open-enrollment charter schools in this state that   includes:                (1)  whether the course is available to a student who is   not otherwise enrolled in the offering district or school;                (2)  the cost of the course; and                (3)  information regarding any third-party provider   involved in the delivery of the course.          (b)  A school district or open-enrollment charter school   shall provide to the agency information required to publish the   list under Subsection (a).   SUBCHAPTER C. FULL-TIME VIRTUAL AND FULL-TIME HYBRID CAMPUSES          Sec. 30B.101.  FULL-TIME VIRTUAL OR FULL-TIME HYBRID CAMPUS   AUTHORIZATION. (a) A school district or open-enrollment charter   school may operate a full-time virtual campus or a full-time hybrid   campus if authorized by the commissioner in accordance with this   section.          (b)  The commissioner shall adopt rules establishing the   requirements for and process by which a school district or   open-enrollment charter school may apply for authorization to   operate a full-time virtual campus or a full-time hybrid campus.     The rules adopted by the commissioner may require certain written   application materials and interviews and shall require a school   district or open-enrollment charter school to:                (1)  engage in a year of planning before offering a   course under this chapter to verify the course is designed in   accordance with high-quality criteria;                (2)  develop an academic plan that incorporates:                      (A)  curriculum and instructional practices   aligned with the appropriate essential knowledge and skills   provided under Subchapter A, Chapter 28;                      (B)  monitoring of the progress of student   performance and interventions;                      (C)  a method for meeting the needs of and   complying with federal and state requirements for special   populations and at-risk students; and                      (D)  compliance with the requirements of this   chapter;                (3)  develop an operations plan that addresses:                      (A)  staffing models;                      (B)  the designation of selected school leaders;                      (C)  professional development for staff;                      (D)  student and family engagement;                      (E)  school calendars and schedules;                      (F)  student enrollment eligibility;                      (G)  cybersecurity and student data privacy   measures; and                      (H)  any educational services to be provided by a   private or third party; and                (4)  demonstrate the capacity to execute the district's   or school's plan successfully.          (c)  A full-time virtual campus or full-time hybrid campus   authorized under this section must include:                (1)  at least one grade level in which an assessment   instrument is required to be administered under Section 39.023(a)   or (c), including each subject or course for which an assessment   instrument is required in that grade level;                (2)  sufficient grade levels, as determined by the   commissioner, to allow for the annual evaluation of the performance   of students who complete the courses offered; or                (3)  for a campus that does not include grade levels   described by Subdivision (1) or (2), another performance evaluation   measure approved by the commissioner during the authorization   process.          (d)  A campus approved under this subchapter may only apply   for and receive authorization to operate as a full-time virtual   campus or a full-time hybrid campus. A campus may not change its   operation designation during the authorization process or after the   campus is authorized.          (e)  The commissioner may only authorize a school district or   open-enrollment charter school to operate a full-time virtual   campus or a full-time hybrid campus if the commissioner determines   that the authorization of the campus is likely to result in improved   student learning opportunities. If a district or school will use a   private or third party in operating the campus, the commissioner   shall consider the historical performance of the private or third   party, if known, in making a determination under this section.          (f)  A determination made by the commissioner under this   section is final and not subject to appeal.          Sec. 30B.102.  REVOCATION. (a)  Unless revoked as provided   by this section, the commissioner's authorization of a full-time   virtual campus or full-time hybrid campus under Section 30B.101   continues indefinitely.          (b)  The commissioner shall revoke the authorization of a   full-time virtual campus or full-time hybrid campus if the campus   has been assigned, for the three preceding school years:                (1)  an unacceptable performance rating under   Subchapter C, Chapter 39;                (2)  a financial accountability performance rating   under Subchapter D, Chapter 39, indicating financial performance   lower than satisfactory;                (3)  any combination of the ratings described by   Subdivision (1) or (2); or                (4)  a rating of performance that needs improvement or   unacceptable, as determined by the commissioner, on a performance   evaluation approved by the commissioner under Section   30B.101(c)(3).          (c)  The commissioner may, based on a special investigation   conducted under Section 39.003:                (1)  revoke an authorization of a full-time virtual   campus or full-time hybrid campus; or                (2)  require any intervention authorized under that   section.          (d)  If a private or third party is determined to be   ineligible under Section 30B.104, the commissioner shall revoke an   authorization of a full-time virtual campus or full-time hybrid   campus for which the private or third party acts as a whole campus   virtual instruction provider, unless the commissioner approves a   request by the school district or open-enrollment charter school   that operates the campus to use an alternative private or third   party.          (e)  An appeal by a school district or open-enrollment   charter school of a revocation of an authorization under this   chapter that results in the closure of a campus must be made under   Section 39A.301.          Sec. 30B.103.  REVISION RELATING TO A PRIVATE OR THIRD   PARTY. A school district or open-enrollment charter school shall   provide notice to the commissioner of the use of or change in   affiliation of a private or third party acting as a whole campus   virtual instruction provider for the full-time virtual campus or   full-time hybrid campus.          Sec. 30B.104.  PRIVATE OR THIRD PARTY ACCOUNTABILITY. (a)   The commissioner shall, to the extent feasible, evaluate the   performance of a private or third party acting as a whole campus   virtual instruction provider for a school district or   open-enrollment charter school.          (b)  The commissioner shall establish a standard to   determine if a private or third party is ineligible to act as a   whole campus virtual education provider. A private or third party   determined to be ineligible under this section remains ineligible   until after the fifth anniversary of that determination.          Sec. 30B.105.  STUDENT ELIGIBILITY. (a) A student eligible   to enroll in fourth through twelfth grade in a public school of this   state is eligible to enroll at a full-time hybrid campus.          (b)  A student is eligible to enroll in a full-time virtual   campus if the student is eligible to enroll in fourth through   twelfth grade and:                (1)  attended a public school in this state for a   minimum of six weeks in the current school year or in the preceding   school year;                (2)  was not required to attend public school in this   state due to nonresidency during the preceding school year;                (3)  is a dependent of a member of the United States   military who has been deployed; or                (4)  has been placed in substitute care in this state.          Sec. 30B.106.  STUDENT RIGHTS REGARDING FULL-TIME VIRTUAL   AND FULL-TIME HYBRID CAMPUSES.  (a) A student enrolled in a school   district may not be compelled to enroll in a full-time virtual or   full-time hybrid campus. A school district must offer the option   for a student's parent to select in-person instruction for the   student.          (b)  Notwithstanding Subsection (a) or Section 30B.053, an   open-enrollment charter school may require a student to attend a   full-time virtual or full-time hybrid campus.          Sec. 30B.107.  CAMPUS DESIGNATIONS. The commissioner shall   determine and assign a unique campus designation number to each   full-time virtual campus or full-time hybrid campus authorized   under this subchapter.          Sec. 30B.108.  FUNDING. (a) For purposes of calculating the   average daily attendance of students attending a full-time virtual   campus or full-time hybrid campus, the commissioner shall use the   number of full-time equivalent students enrolled in the full-time   virtual or full-time hybrid campus multiplied by the average   attendance rate of the school district or open-enrollment charter   school that offers the full-time virtual or full-time hybrid campus   not including any student enrolled full-time in a full-time virtual   or full-time hybrid campus. In the event that a reliable attendance   rate cannot be determined under this section, the commissioner   shall use the statewide average attendance rate.          (b)  The commissioner shall provide proportionate funding to   the applicable school district or open-enrollment charter school   for a student that alternates attendance between a traditional,   in-person campus setting and the full-time virtual or full-time   hybrid campus of any single district or school in the same school   year.   SUBCHAPTER D. STATE SUPPORT          Sec. 30B.151.  EDUCATOR PROFESSIONAL DEVELOPMENT. From   funds appropriated or otherwise available, the agency shall develop   professional development courses and materials aligned with   research-based practices for educators in providing high-quality   virtual education.          Sec. 30B.152.  DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.   From funds appropriated or otherwise available, the agency shall   provide grants and technical assistance to school districts and   open-enrollment charter schools to aid in the establishment of   high-quality full-time virtual or full-time hybrid campuses.          SECTION 1.05.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0071 to read as follows:          Sec. 37.0071.  VIRTUAL EDUCATION AS ALTERNATIVE TO   EXPULSION. (a)  Except as provided by Subsection (b), before a   school district or open-enrollment charter school may expel a   student, the district or school shall consider the appropriateness   and feasibility of enrolling the student in a full-time virtual   education program as an alternative to expulsion.          (b)  Subsection (a) does not apply to a student expelled   under Section 37.0081 or 37.007(a), (d), or (e).   ARTICLE 2. THE FOUNDATION SCHOOL PROGRAM          SECTION 2.01.  Section 48.005, Education Code, is amended by   adding Subsection (e-1) to read as follows:          (e-1)  In a school year in which the occurrence of an   emergency or crisis, as defined by commissioner rule, causes a   statewide decrease in average daily attendance of school districts   entitled to funding under this chapter or, for an emergency or   crisis occurring only within a specific region of this state,   causes a regional decrease in the average daily attendance of   school districts located in the affected region, the commissioner   shall modify or waive requirements applicable to the affected   districts under this section and adopt appropriate safeguards as   necessary to ensure the continued support and maintenance of an   efficient system of public free schools and the continued delivery   of high-quality instruction under that system.          SECTION 2.02.  Section 48.053(b), Education Code, is amended   to read as follows:          (b)  A school district to which this section applies is   entitled to funding under this chapter as if the district were a   full-time virtual campus or full-time hybrid campus for purposes of   Section 30B.108 with [had] no tier one local share for purposes of   Section 48.256 for each student enrolled in the district:                (1)  who resides in this state; or                (2)  who:                      (A)  is a dependent of a member of the United   States military;                      (B)  was previously enrolled in school in this   state; and                      (C)  does not reside in this state due to a   military deployment or transfer.   ARTICLE 3. CONFORMING CHANGES          SECTION 3.01.  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, or Subchapter E of Chapter 30, [or Chapter 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 3.02.  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 virtual courses offered by school districts and   open-enrollment charter schools under Chapter 30B [through the   state virtual school network under 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 3.03.  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, virtual    [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 3.04.  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 a virtual [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 3.05.  Section 48.104(f), Education Code, is amended   to read as follows:          (f)  A student receiving a full-time virtual education   provided through a full-time virtual campus 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 submits to the commissioner a plan detailing the   enhanced services that will be provided to the student and the   commissioner approves the plan.          SECTION 3.06.  Section 48.111(b), Education Code, is amended   to read as follows:          (b)  For purposes of Subsection (a), in determining the   number of students enrolled in a school district, the commissioner   shall exclude students enrolled in the district who receive   full-time instruction provided through a full-time virtual campus   under Chapter 30B [through the state virtual school network under   Chapter 30A].   ARTICLE 4. REPEALER; TRANSITION; EFFECTIVE DATE          SECTION 4.01.  The following provisions of the Education   Code are repealed:                (1)  Section 21.051(g);                (2)  Section 25.092(a-4);                (3)  Section 26.0031(f);                (4)  Sections 29.9091(q), (r), and (s);                (5)  Chapter 30A;                (6)  Section 39.0549;                (7)  Sections 39.301(c-1) and (c-2);                (8)  Sections 48.005(h-1), (m-1), and (m-2);                (9)  Sections 48.053(b-1) and (b-2); and                (10)  Section 48.0071.          SECTION 4.02.  (a) Notwithstanding the repeal by this Act of   Chapter 30A, Education Code, a school district or open-enrollment   charter school providing an electronic course or a full-time   program through the state virtual school network in accordance with   Chapter 30A, Education Code, as that law existed immediately before   the effective date of this Act, may, except as provided by   Subsection (b) of this section, continue to provide that course or   full-time program as if that chapter were still in effect.          (b)  The funding provided to a school district or   open-enrollment charter school for a student enrolled in an   electronic course or full-time program offered through the state   virtual school network in accordance with Chapter 30A, Education   Code, as that law existed immediately before the effective date of   this Act, shall be determined, as applicable, under Section 30B.058   or 30B.108, Education Code, as added by this Act.          (c)  The commissioner of education may modify the   requirements of Chapter 30B, Education Code, as added by this Act,   as necessary to provide for the transition of an electronic course   or program offered through the state virtual school network under   Chapter 30A, Education Code, as that law existed immediately before   the effective date of this Act, to a course or program operated   under the authority of Chapter 30B, Education Code, as added by this   Act.          SECTION 4.03.  (a) Notwithstanding the repeal by this Act of   Section 48.0071, Education Code, a school district or   open-enrollment charter school providing an off-campus electronic   course, off-campus electronic program, or instructional program   that combines in-person instruction and off-campus electronic   instruction in accordance with Section 48.0071, Education Code, as   that law existed immediately before the effective date of this Act,   may, except as provided by Subsections (b) and (c) of this section,   continue to provide the off-campus electronic course, off-campus   electronic program, or instructional program that combines   in-person instruction and off-campus electronic instruction as if   that section were still in effect until the end of the 2024-2025   school year.          (b)  An off-campus electronic course, off-campus electronic   program, or instructional program that combines in-person   instruction and off-campus electronic instruction provided by a   school district in accordance with Section 48.0071, Education Code,   as that section existed immediately before the effective date of   this Act, must operate in compliance with Section 30B.105,   Education Code, as added by this Act, and may not operate in   compliance with Section 48.005(m-1), Education Code, as that   section existed immediately before the effective date of this Act.          (c)  The funding provided to a school district or   open-enrollment charter school for a student enrolled in an   off-campus electronic course, off-campus electronic program, or   instructional program that combines in-person instruction and   off-campus electronic instruction provided in accordance with   Section 48.0071, Education Code, as that law existed immediately   before the effective date of this Act, shall be determined under   Section 30B.108, Education Code, as added by this Act.          SECTION 4.04.  The commissioner of education shall adopt   rules providing an expedited authorization process for a school   district or open-enrollment charter school that applies to operate   a full-time virtual campus or a full-time hybrid campus under   Chapter 30B, Education Code, as added by this Act, if the district   or school, as of the effective date of this Act:                (1)  operates an electronic course or full-time program   through the state virtual school network in accordance with Chapter   30A, Education Code, as that law existed immediately before the   effective date of this Act;                (2)  operates a local remote learning program under   Section 29.9091, Education Code, as amended by this Act; or                (3)  provides electronic instruction in accordance   with Section 48.0071, Education Code, as that law existed   immediately before the effective date of this Act.          SECTION 4.05.  (a) Notwithstanding any other section of   this Act, in a state fiscal year, the Texas Education Agency is not   required to implement a provision found in another section of this   Act that is drafted as a mandatory provision imposing a duty on the   agency to take an action unless money is specifically appropriated   to the agency for that fiscal year to carry out that duty. The Texas   Education Agency may implement the provision in that fiscal year to   the extent other funding is available to the agency to do so.          (b)  If, as authorized by Subsection (a) of this section, the   Texas Education Agency does not implement the mandatory provision   in a state fiscal year, the agency, in its legislative budget   request for the next state fiscal biennium, shall certify that fact   to the Legislative Budget Board and include a written estimate of   the costs of implementing the provision in each year of that next   state fiscal biennium.          (c)  This section and the suspension of the Texas Education   Agency's duty to implement a mandatory provision of this Act, as   provided by Subsection (a) of this section, expires and the duty to   implement the mandatory provision resumes on September 1, 2027.          SECTION 4.06.  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, 2023.