HB 2196 — 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.

Summary

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.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 11 section(s) of the Texas statutes: Section 1.001(b), Education Code, Section 7.0561(f), Education Code, Section 25.007(b), Education Code, Section 26.0031, Education Code, Section 29.081, Education Code, Section 33.009(d), Education Code.

• Section 1.001(b), Education Code

  or Chapter 30A, → or

  amended

• Section 7.0561(f), Education Code

  through the state virtual school network under Subchapter 30A → virtual or hybrid by school districts and open-enrollment charter schools under Chapter 30B

  amended

• Section 25.007(b), Education Code

  electronic 30A → virtual or hybrid 30B

  amended

• Section 26.0031, Education Code

  STATE SCHOOL NETWORK → AND HYBRID COURSES

  amended

• Section 26.0031, Education Code

  an electronic through the state virtual school network 30A an electronic through the state virtual school network 30A an electronic an electronic offers a substantially similar course electronic electronic online that was operating on January 1, 2013 an electronic through the state virtual school network 30A 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 → a virtual or hybrid by the district or school in which the student is enrolled or by another district or school 30B a virtual or hybrid by the district or school in which the student is enrolled or by another district or school 30B (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. a virtual or hybrid a virtual or hybrid determines that the cost of the course is too high virtual virtual virtual a virtual or hybrid 30B 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

  amended

• Section 29.081, Education Code

  and The successfully completes 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). → 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) Except as provided by Subsection (f-1), the has enrolled in (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.

  amended

• 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; 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 c

  amended

• Section 33.009(d), Education Code

  an electronic through the state virtual school network 30A → a virtual 30B

  amended

• Section 37.0071, Education Code

  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).

  added

• Section 48.005, Education Code

  (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.

  amended

• Section 48.053(b), Education Code

  had → were a full-time hybrid campus or full-time virtual campus for purposes of Section 30B.106 with

  amended

• Section 48.104(f), Education Code

  through the state virtual school network may , 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 → provided through a full-time virtual campus under Chapter 30B shall

  amended

• Section 48.111, Education Code

  through the state virtual school network under Chapter 30A → provided through a full-time virtual campus under Chapter 30B (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.

  amended

Action History

1. April 17, 2025

   Laid on the table subject to call

2. April 17, 2025

   Companion considered in lieu of

3. April 16, 2025

   Placed on General State Calendar

4. April 14, 2025

   Considered in Calendars

5. April 10, 2025

   Committee report sent to Calendars

6. April 09, 2025

   Committee report distributed

7. April 09, 2025

   Comte report filed with Committee Coordinator

8. April 03, 2025

   Reported favorably as substituted

9. April 03, 2025

   Committee substitute considered in committee

10. April 03, 2025

    Considered in formal meeting

11. April 03, 2025

    Recalled from subcommittee

12. March 27, 2025

    Left pending in subcommittee

13. March 27, 2025

    Testimony taken/registration(s) recorded in subcommittee

14. March 27, 2025

    Committee substitute considered in s/c

15. March 27, 2025

    Considered by s/c in public hearing

16. March 27, 2025

    Scheduled for public hearing in s/c on . . .

17. March 19, 2025

    Referred to s/c on Academic & Career-Oriented Education by chair

18. March 14, 2025

    Referred to Public Education

19. March 14, 2025

    Read first time

20. January 29, 2025

    Filed

Sponsors

• Keith Bell · Primary
• Trent Ashby · Cosponsor
• Brad Buckley · Cosponsor
• Matt Shaheen · Cosponsor
• Eddie Morales · Cosponsor
• Jeff Barry · Cosponsor
• Katrina Pierson · Cosponsor
• Steve Toth · Cosponsor

Subjects