TexasSB 56989th Legislature Regular SessionSenateWALLET

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.

Sponsored By: Trent Ashby, Keith Bell, Paul Bettencourt (Republican), Brad Buckley, Pete Flores (Republican), Mayes Middleton (Republican), Eddie Morales, Tan Parker (Republican), Angela Paxton (Republican), Matt Shaheen, Royce West (Democratic), Judith Zaffirini (Democratic)

Signed by Governor

Disaster Preparedness & ReliefEducation--Primary & Secondary--AccountabilityEducation--Primary & Secondary--Admission & AttendanceEducation--Primary & Secondary--Charter SchoolsEducation--Primary & Secondary--CurriculumEducation--Primary & Secondary--Extracurricular ActivitiesEducation--Primary & Secondary--GeneralEducation--Primary & Secondary--TestingEducation--Primary & Secondary--Virtual EducationEducation--School DistrictsElectronic Information SystemsState Finances--Management & ControlFOUNDATION SCHOOL PROGRAMEDUCATION AGENCY, TEXASEDUCATION, COMMISSIONER OF

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 7 benefits, 1 costs, 8 mixed.

Online students get learning quality protections

Schools must certify that virtual and hybrid courses cover state learning requirements and provide suitable grade-level rigor and preparation. Courses must meet commissioner standards, or the National Standards for Quality Online Courses or a successor when state standards are absent. Courses must meet students' special education and accommodation needs under Texas and federal law. Required state tests follow the same process as in-person courses at that school unless commissioner rules allow another process. Schools must set the participation needed to earn course credit or a grade.

Families face possible online learning costs

Schools may decline payment beyond three yearlong virtual courses, or equivalent coursework, per student each school year. That limit does not apply to students in full-time virtual programs; other students can pay for extra courses themselves. Schools can charge tuition and fees to students ineligible for Texas public schools or not enrolled with the course provider. Schools, course providers, and the state do not have to supply home computers or internet access, though schools may provide them. The law sets no course price or fee amount.

Families gain school choice and activities

Schools generally cannot require students to take a virtual or hybrid course. Beginning with the 2025–2026 school year, districts cannot force full-time virtual or hybrid campus attendance and must offer in-person instruction. Open-enrollment charter schools can require attendance at their full-time virtual or hybrid campuses. Students using covered virtual or hybrid options have the same access to school-sponsored and University Interscholastic League activities as other students.

Parents gain online course appeal rights

Schools must share available virtual and hybrid options when giving families information about classroom courses. Schools generally must honor a parent's course request for a full-time student and cannot actively discourage enrollment, including through threats. They can deny requests that conflict with graduation plans, college admission requirements, or industry certification requirements. They can also deny requests outside the provider's enrollment period or because the course costs too much. Denials require written reasons and appeal instructions, with a final decision by district trustees or the charter governing board.

Students get defined online enrollment paths

Students eligible for Texas public school can enroll in a full-time hybrid campus. Full-time virtual campus enrollment requires at least one statutory eligibility path. Paths include six weeks of Texas public-school attendance in the current or previous school year, or first seeking enrollment in first grade or below. Other paths include being a deployed U.S. military member's dependent or having been placed in Texas substitute care. The Texas Education Agency must also promote virtual and hybrid course access for students experiencing homelessness or in substitute care.

Families get clearer online course information

Schools offering virtual or hybrid courses must give families written course details during normal course selection. The Texas Education Agency must publish virtual course costs, outside providers, and availability to students enrolled elsewhere. Schools must supply that information. Beginning with the 2025–2026 school year, counselor and advisor training must cover virtual options for courses a student's school lacks.

Schools consider online alternatives before expulsion

Beginning with the 2025–2026 school year, districts and charter schools must consider full-time virtual or hybrid placement before expulsion. They must assess whether the placement is appropriate and feasible, but do not have to provide it. This duty excludes expulsions under Texas Education Code Sections 37.0081 and 37.007(a), (d), or (e).

School funding follows some military children

Beginning with the 2025–2026 school year, districts covered by Section 48.053 receive state funding for qualifying students. Funding follows the full-time virtual or hybrid campus method, with no tier one local share. Qualifying students either live in Texas or meet the military-dependent exception. That exception requires prior Texas school attendance and living outside Texas because of a U.S. military parent's deployment or transfer.

Schools gain emergency attendance funding protection

Beginning with the 2025–2026 school year, the commissioner must modify or waive attendance requirements during qualifying emergencies or crises. The event must be defined by commissioner rule and reduce average daily attendance statewide or in the affected region. The commissioner must also adopt safeguards. These changes preserve school funding and continued high-quality instruction during the event.

Schools gain online options and startup help

Districts and charter schools can offer virtual and hybrid courses and full-time programs under the new Chapter 30B framework. School consortia and colleges can also deliver covered courses. Commissioner rules for the school consortium must include student engagement through these virtual and hybrid courses. Beginning with the 2025–2026 school year, the Texas Education Agency must provide campus startup grants and technical help using available funds. The law states no grant amount.

Schools get equal online learning funding

Covered virtual and hybrid instruction can receive the same per-student state funding as fully in-person instruction. Attendance procedures must allow live or self-paced online learning without requiring in-person attendance or online attendance at a set time or place. Beginning with the 2025–2026 school year, full-time campus funding uses full-time-equivalent enrollment multiplied by the district or charter's attendance rate. That rate excludes full-time students at the covered campus; the statewide average applies when a reliable local rate is unavailable. Funding is proportional when students switch between in-person and covered full-time campuses within the same school system during one school year.

Teachers gain protections and training rules

Schools cannot pressure teachers hired for in-person instruction to accept virtual or hybrid teaching assignments. Schools generally cannot require teachers to teach virtual and in-person students during the same class period. Exceptions cover simulcasts without required interaction with virtual students and commissioner waivers for enrichment courses. Virtual and hybrid teachers need suitable training unless their employer finds their prior experience sufficient. Beginning with the 2025–2026 school year, the Texas Education Agency must use available funds to develop research-based virtual teaching training.

Online campuses face approval and planning

Full-time virtual and hybrid campuses need commissioner approval, a planning year, academic and operating plans, and proof of operating capacity. Approval requires likely improvements in learning opportunities and compliance with assessment, grade-level, or approved performance-evaluation criteria. Beginning with the 2025–2026 school year, qualifying existing operators get an expedited approval process, not guaranteed approval. They must have operated a prior state virtual school network course or program, or another virtual education program, by the law's effective date. Eligibility does not depend on receiving funding in 2022–2023, 2023–2024, or 2024–2025.

Online schools face stronger provider oversight

Beginning with the 2025–2026 school year, schools must report using or changing private or third-party whole-program virtual providers. The commissioner evaluates providers where feasible, sets ineligibility standards, and generally bars ineligible providers until after the determination's fifth anniversary. Earlier use needs commissioner approval that the reasons for ineligibility will not affect the provider's work at that school. Campus approval must end after specified three-year combinations of needs-improvement or unacceptable ratings and may end after a special investigation. An ineligible whole-program provider also triggers campus approval revocation unless the commissioner approves a replacement.

Dropout recovery gets funding and standards

Students in eligible dropout recovery courses must count toward school attendance funding. Remote and hybrid recovery students count in the same way as students in applicable full-time virtual or hybrid programs or campuses. Remote and hybrid recovery programs must be authorized full-time programs or campuses under Chapter 30B. They must also continue meeting their other legal program requirements.

Virtual students count differently for funding

Beginning with the 2025–2026 school year, eligible full-time virtual students count toward funding for disadvantaged students in economically disadvantaged census block groups. Districts no longer need an enhanced-services plan or commissioner approval for that count. Chapter 30B full-time virtual students are excluded from the separate district enrollment calculation under Section 48.111(a). A transitional exclusion also covers full-time state virtual school network students under Chapter 30A as it existed September 1, 2024. Only that transitional exclusion expires September 1, 2031.

Sponsors & Cosponsors

Sponsors

  • Trent Ashby

    House

  • Keith Bell

    House

  • Paul Bettencourt

    Republican • Senate

  • Brad Buckley

    House

  • Pete Flores

    Republican • Senate

  • Mayes Middleton

    Republican • Senate

  • Eddie Morales

    House

  • Tan Parker

    Republican • Senate

  • Angela Paxton

    Republican • Senate

  • Matt Shaheen

    House

  • Royce West

    Democratic • Senate

  • Judith Zaffirini

    Democratic • Senate

Cosponsors

  • Jeff Barry

    House

  • Brent Hagenbuch

    Republican • Senate

  • Katrina Pierson

    House

  • Steve Toth

    House

Roll Call Votes

All Roll Calls

Yes: 353 • No: 75

House vote • 4/17/2025

Record vote

Yes: 113 • No: 33

House vote • 4/17/2025

Record vote

Yes: 109 • No: 32

Senate vote • 3/13/2025

Record vote

Yes: 28 • No: 2

Senate vote • 3/13/2025

Record vote

Yes: 28 • No: 2

Senate vote • 3/13/2025

Record vote

Yes: 28 • No: 2

Senate vote • 3/13/2025

Record vote

Yes: 28 • No: 2

Senate vote • Unknown

Committee vote: Education K-16

Yes: 11 • No: 0

House vote • Unknown

Committee vote: Public Education

Yes: 8 • No: 2

Actions Timeline

  1. Effective immediately

    5/6/2025House
  2. Signed by the Governor

    5/6/2025House
  3. Sent to the Governor

    4/24/2025House
  4. Signed in the House

    4/23/2025House
  5. Signed in the Senate

    4/23/2025Senate
  6. Reported enrolled

    4/22/2025Senate
  7. House passage reported

    4/22/2025Senate
  8. Statement(s) of vote recorded in Journal

    4/17/2025House
  9. Record vote (RV#302)

    4/17/2025House
  10. Passed

    4/17/2025House
  11. Read 3rd time

    4/17/2025House
  12. Additional sponsor(s) authorized

    4/17/2025House
  13. Rules suspended

    4/17/2025House
  14. Statement(s) of vote recorded in Journal

    4/17/2025House
  15. Record vote (RV#288)

    4/17/2025House
  16. Passed to 3rd reading

    4/17/2025House
  17. Read 2nd time

    4/17/2025House
  18. Laid out in lieu of companion (HB 2196)

    4/17/2025House
  19. Committee report sent to Calendars

    4/16/2025House
  20. Committee report distributed

    4/15/2025House
  21. Comte report filed with Committee Coordinator

    4/15/2025House
  22. Reported favorably w/o amendment(s)

    4/15/2025House
  23. Considered in public hearing

    4/15/2025House
  24. Referred to Public Education

    4/9/2025House
  25. Read first time

    4/9/2025House

Bill Text

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