HB2196 - 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.

  89R10450 TSS-F     By: Bell of Kaufman, Ashby, Buckley, Shaheen, H.B. No. 2196       Morales of Maverick, et al.     Substitute the following for H.B. No. 2196:     By:  Buckley C.S.H.B. No. 2196       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 [Text truncated for display. 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