By: Bettencourt, et al. S.B. No. 569     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:          SECTION 1.  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 2.  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 or hybrid 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.  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 or   hybrid [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 4.  The heading to Section 26.0031, Education Code,   is amended to read as follows:          Sec. 26.0031.  RIGHTS CONCERNING [STATE] VIRTUAL AND HYBRID   COURSES [SCHOOL NETWORK].          SECTION 5.  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 or hybrid [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 or hybrid [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 or hybrid course.          (c)  A school district or open-enrollment charter school may   deny a request to enroll a student in a virtual or hybrid [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 or hybrid [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 or hybrid   [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 or hybrid   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 6.  Section 29.081, Education Code, is amended by   amending Subsections (e-2) and (f) and adding Subsections (f-1) and   (i) to read as follows:          (e-2)  A remote or hybrid dropout recovery education program   must:                (1)  include as a part of its curriculum credentials,   certifications, or other course offerings that relate directly to   employment opportunities in the state;                (2)  employ as faculty and administrators persons with   baccalaureate or advanced degrees;                (3)  provide an academic coach and local advocate for   each student;                (4)  use an individual learning plan to monitor each   student's progress;                (5)  establish satisfactory requirements for the   monthly progress of students according to standards set by the   commissioner;                (6)  provide a monthly report to the student's school   district or open-enrollment charter school regarding the student's   progress;                (7)  perform satisfactorily according to performance   indicators and accountability standards adopted for alternative   education programs by the commissioner;                (8)  operate an in-person student engagement center at   a location suitable for high school students; [and]                (9)  be a full-time hybrid program or a full-time   virtual program, as those terms are defined by Section 30B.001, or a   full-time hybrid or virtual campus authorized under Chapter 30B;   and                (10)  comply with this title and rules adopted under   this title except as otherwise provided by this subsection.          (f)  Except as provided by Subsection (f-1), the [The]   commissioner shall include a student who has enrolled in   [successfully completes] a course offered through a program under   Subsection (e) in the computation of the district's or school's   average daily attendance for funding purposes.  [For a student who   successfully completes a remote course offered through the program,   the commissioner shall include the student in the computation of   the district's or school's average daily attendance with an   attendance rate equal to:                [(1)  the district's or school's average attendance   rate for students successfully completing a course offered in   person under the program; or                [(2)  if the district or school does not offer courses   in person under the program, the statewide average attendance rate   for students successfully completing a course offered in person   under a program under Subsection (e).]          (f-1)  The commissioner shall include a student enrolled in a   remote or hybrid dropout recovery education program under   Subsection (e-2) in the computation of the district's or school's   average daily attendance for funding purposes in the same manner as   students enrolled in a full-time hybrid or virtual program or   full-time hybrid or virtual campus, as applicable, under Chapter   30B.          (i)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 7.  Subtitle F, Title 2, Education Code, is amended   by adding Chapter 30B to read as follows:   CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 30B.001.  DEFINITIONS. In this chapter:                (1)  "Full-time hybrid campus" means a school district   or open-enrollment charter school campus at which at least 50   percent of the enrolled students are enrolled in a full-time hybrid   program authorized under Subchapter C.                (2)  "Full-time hybrid program" means a full-time   educational program offered by a school district or open-enrollment   charter school campus in which:                      (A)  a student is in attendance in person for less   than 90 percent of the minutes of instruction provided in a school   year; and                      (B)  the instruction and content may be delivered   synchronously or asynchronously over the Internet, in person, or   through other means.                (3)  "Full-time virtual campus" means a school district   or open-enrollment charter school campus at which at least 50   percent of the enrolled students are enrolled in a full-time   virtual program authorized under Subchapter C.                (4)  "Full-time virtual program" means a full-time   educational program offered by a school district or open-enrollment   charter school campus in which:                      (A)  a student is in attendance in person   minimally or not at all; and                      (B)  the instruction and content are delivered   synchronously or asynchronously primarily over the Internet.                (5)  "Hybrid course" means a course 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   synchronously or asynchronously over the Internet, in person, or   through other means.                (6)  "Parent" means a student's parent or a person   standing in parental relation to a student.                (7)  "Virtual course" means a course in which   instruction and content are delivered synchronously or   asynchronously primarily over the Internet.                (8)  "Whole program 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 or program.          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 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.          Sec. 30B.005.  EXTRACURRICULAR ACTIVITY.  A student enrolled   in a virtual or hybrid course, program, or campus 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.          Sec. 30B.006.  HYBRID AND VIRTUAL INSTRUCTION PERMITTED.   (a) A school district or open-enrollment charter school may   deliver instruction through hybrid courses, virtual courses,   full-time hybrid programs, and full-time virtual programs in the   manner provided by this chapter.          (b)  The following entities may deliver instruction through   hybrid or 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.          (c)  A school district or open-enrollment charter school   that delivers instruction through a hybrid or virtual course shall   develop written information describing each hybrid or virtual   course available for enrollment and complying with any other   requirement of Section 26.0031.          (d)  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.          Sec. 30B.007.  FOUNDATION SCHOOL PROGRAM FUNDING. The   commissioner by rule shall adopt procedures for reporting and   verifying the attendance of a student enrolled in a hybrid course,   virtual course, full-time hybrid program, or full-time virtual   program provided by a school district or open-enrollment charter   school under this chapter.  The procedures must:                (1)  provide a district or school with flexibility to   provide instruction over the Internet, through synchronous or   asynchronous delivery; and                (2)  allow for the district or school to, without   requiring in-person attendance or synchronous instruction at a   specific time or location, receive the same amount of funding per   student for a course or program described by this section that the   district or school would receive per student for that course or   program if the course or program was provided fully in person.   SUBCHAPTER B.  HYBRID AND VIRTUAL COURSES          Sec. 30B.051.  HYBRID OR VIRTUAL COURSE QUALITY   REQUIREMENTS. (a)  A school district or open-enrollment charter   school that offers a hybrid or virtual course under this chapter   must certify to the commissioner that the 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)   except as provided by Subsection (b), meets   standards for hybrid or virtual courses adopted by the   commissioner.          (b)  If the commissioner has not adopted applicable   standards for hybrid or virtual courses, a school district or   open-enrollment charter school that offers a hybrid or virtual   course must instead certify to the commissioner that the course   meets the National Standards for Quality Online Courses published   by the Virtual Learning Leadership Alliance, Quality Matters, and   DLAC, or a successor publication.          Sec. 30B.052.  RIGHTS OF STUDENTS REGARDING HYBRID AND   VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a   school district or open-enrollment charter school may not require a   student to enroll in a hybrid or virtual course.          (b)  A hybrid or 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.053.  RIGHTS OF TEACHERS REGARDING HYBRID AND   VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), 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.          (a-1)  Subsection (a) does not apply to a requirement that a   classroom teacher simulcast the teacher's in-person instruction   provided that the teacher is not required to interact with students   observing the instruction virtually.          (b)  A classroom teacher may not provide instruction for a   hybrid or virtual course offered under this chapter unless:                (1)  the teacher has received appropriate professional   development in hybrid or 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   hybrid or virtual course.          Sec. 30B.054.  ASSESSMENTS. Except as authorized by   commissioner rule, an assessment instrument administered under   Section 39.023 or 39.025 to a student enrolled in a hybrid or   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.055.  TUITION AND FEES. A school district or   open-enrollment charter school may charge tuition and fees for a   hybrid or 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.056.  ATTENDANCE FOR CLASS CREDIT OR GRADE.     Notwithstanding Section 25.092, a school district or   open-enrollment charter school shall establish the participation   necessary to earn credit or a grade for a hybrid or virtual course   offered by the district or school.          Sec. 30B.057.  AGENCY PUBLICATION OF AVAILABLE VIRTUAL   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 HYBRID AND FULL-TIME VIRTUAL CAMPUSES          Sec. 30B.101.  FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS   AUTHORIZATION. (a) A school district or open-enrollment charter   school may operate a full-time hybrid campus or a full-time virtual   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 hybrid campus or a full-time virtual 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 hybrid campus or full-time virtual 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 hybrid   campus or a full-time virtual 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 hybrid campus   or a full-time virtual 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   hybrid campus or full-time virtual campus under Section 30B.101   continues indefinitely.          (b)  The commissioner shall revoke the authorization of a   full-time hybrid campus or full-time virtual campus if the campus   has been assigned, for the three preceding school years:                (1)  a needs improvement or unacceptable performance   rating under Subchapter C, Chapter 39;                (2)  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); or                (3)  any combination of the ratings described by   Subdivision (1) or (2).          (c)  The commissioner may, based on a special investigation   conducted under Section 39.003:                (1)  revoke an authorization of a full-time hybrid   campus or full-time virtual 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.152, the commissioner shall revoke an   authorization of a full-time hybrid campus or full-time virtual   campus for which the private or third party acts as a whole program   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.  STUDENT ELIGIBILITY. (a) A student eligible   to enroll 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:                (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)  is, in the school year in which the student first   seeks to enroll in the full-time virtual campus, enrolled in the   first grade or a lower grade level;                (3)  was not required to attend public school in this   state due to nonresidency during the preceding school year;                (4)  is a dependent of a member of the United States   military who has been deployed; or                (5)  has been placed in substitute care in this state.          Sec. 30B.104.  STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND   FULL-TIME VIRTUAL CAMPUSES.  (a) A student enrolled in a school   district may not be compelled to enroll in a full-time hybrid or   full-time virtual 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.052, an   open-enrollment charter school may require a student to attend a   full-time hybrid or full-time virtual campus.          Sec. 30B.105.  CAMPUS DESIGNATIONS. The commissioner shall   determine and assign a unique campus designation number to each   full-time hybrid campus or full-time virtual campus authorized   under this subchapter.          Sec. 30B.106.  FUNDING. (a) For purposes of calculating the   average daily attendance of students attending a full-time hybrid   campus or full-time virtual campus, the commissioner shall use the   number of full-time equivalent students enrolled in the full-time   hybrid or full-time virtual campus multiplied by the average   attendance rate of the school district or open-enrollment charter   school that offers the full-time hybrid or full-time virtual campus   not including any student enrolled full-time in a full-time hybrid   or full-time virtual 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 hybrid or full-time   virtual campus of any single district or school in the same school   year.   SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS          Sec. 30B.151.  NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)   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 program virtual   instruction provider for a full-time hybrid or full-time virtual   campus or program.          (b)  Except as provided by Section 30B.152, a school district   or open-enrollment charter school may not use a private or third   party to act as a whole program virtual instruction provider if the   party has been determined to be ineligible under that section.          Sec. 30B.152.  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 program   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 program virtual instruction provider. A private or third   party determined to be ineligible under this section remains   ineligible until after the fifth anniversary of that determination.          (c)  A school district or open-enrollment charter school may   use a private or third party determined to be ineligible under   Subsection (b) as a whole program virtual instruction provider if:                (1)  the district or school requests approval from the   commissioner; and                (2)  the commissioner determines that the reasons the   private or third party was declared ineligible under Subsection (b)   will not affect the operation of the party as a whole program   virtual instruction provider at the district or school.   SUBCHAPTER E. STATE SUPPORT          Sec. 30B.201.  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.202.  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 hybrid or full-time virtual campuses.          SECTION 8.  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 9.  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, as an alternative to expulsion, enrolling the   student in a full-time hybrid program, full-time virtual program,   full-time hybrid campus, or full-time virtual campus, as those   terms are defined in Section 30B.001.          (b)  Subsection (a) does not apply to a student expelled   under Section 37.0081 or 37.007(a), (d), or (e).          SECTION 10.  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 11.  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 hybrid campus or full-time virtual campus for purposes of   Section 30B.106 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.          SECTION 12.  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 shall   [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 13.  Section 48.111, Education Code, is amended by   amending Subsection (b) and adding Subsection (b-1) 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].          (b-1)  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 through the state virtual school network   under Chapter 30A as that chapter existed on September 1, 2024.   This subsection expires September 1, 2031.          SECTION 14.  The following provisions of the Education Code   are repealed:                (1)  Section 26.0031(f);                (2)  Section 29.909; and                (3)  Chapter 30A.          SECTION 15.  (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, or under a waiver of the provisions of, 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 until the end of the 2026-2027 school   year.          (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, or under a waiver of the   provisions of, Chapter 30A, Education Code, as that law existed   immediately before the effective date of this Act, shall be   determined, as applicable, under Section 30B.007 or 30B.106,   Education Code, as added by this Act.          SECTION 16.  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 hybrid campus or a full-time virtual 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; or                (2)  operates a virtual education program, regardless   of whether the district or school received funding for students   enrolled in the program during the 2022-2023, 2023-2024, or   2024-2025 school year.          SECTION 17.  This Act applies beginning with the 2025-2026   school year.          SECTION 18.  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, 2025.