A school district or open-enrollment charter school may operate a full-time hybrid or virtual campus only if the commissioner authorizes it, and the commissioner must set application rules.
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. Added by Acts 2025, 89th Leg., R.S., Ch. 5 (S.B. 569), Sec. 7, eff. May 6, 2025.