Part 1. General Provisions. 

Section 1.1. Definitions. 

A. “Full-time hybrid campus” means a public school in which at least 50 percent of students are enrolled in a full-time hybrid program authorized under section 3.1 of this Act; 

B. “Full-time hybrid program” means a full-time educational program offered by a public school district in which: 

1. A student attends in person for less than 90 percent of instructional time during a school year; and 
2. The instruction is delivered synchronously or asynchronously over the internet, in person, or through other means.  

C. “Full-time virtual campus” means a public school in which at least 50 percent of the students are enrolled in a full-time virtual program authorized under section 3.1 of this Act; 

D. “Full-time virtual program” means a full-time educational program offered by a public school district in which: 

1. A student attends in person minimally or not at all; and 
2. The instruction and content are delivered synchronously or asynchronously primarily over the internet.  

E. “Hybrid course” means a course in which: 

1. A student attends in person for less than 90 percent of instructional time provided; and 
2. The instruction is delivered synchronously or asynchronously over the internet, in person, or through other means. 

F. “Parent” means a student’s parent or a person standing in parental relation to a student; 

G. “Virtual course” means a course in which instruction is delivered synchronously or asynchronously primarily over the internet; 

H. “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. 

Section 1.2. Rules and Regulations. 

A. The [insert state education authority] shall adopt such rules and regulations that are necessary to implement and administer the provisions of this Act. 

B. To the extent practicable, the [insert state education authority] shall consult public school districts, charter schools, and parents in adopting rules and regulations related to the implementation or administration of this Act. 

Section 1.3. Provision of Computer Equipment or Internet Service. 

A. This Act does not: 

1. Require a public school district, charter school, virtual course provider, or the state to provide a student with home computer equipment or internet access for a virtual course provided by a public school district or charter school; or 
2. Prohibit a public school district or charter school from providing a student with home computer equipment or internet access for a virtual course provided by the public school district or charter school. 

Section 1.4. Extracurricular Activity. 

A. A student enrolled in a virtual or hybrid course, program, or campus may participate in an extracurricular activity sponsored or sanctioned by the public school district or charter school in which the student is enrolled in the same manner as other students. 

Section 1.5. Hybrid and Virtual Instruction Permitted. 

A. A public school district or charter school may deliver instruction through hybrid courses, virtual courses, full-time hybrid programs, and full-time virtual programs. 

B. The following entities may deliver instruction through hybrid or virtual courses in the same manner provided for a public school district or charter school: 

1. A consortium of public school districts or charter schools; or 
2. A public institution of higher education. 

C. A public school district or charter school that delivers instruction through a hybrid or virtual course shall develop written information describing each hybrid or virtual course available for enrollment. Such information shall be made available to students and parents at the time students ordinarily select courses and at other times determined as appropriate by the public school district or charter school. 

Section 1.6. Public School Funding Formula. 

A. The [insert state education authority] 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 public school district or charter school under this Act. The procedures must: 

1. Provide a public school district or charter school with flexibility to provide instruction over the internet, through synchronous or asynchronous delivery; and 
2. Allow for the public school district or charter 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 Act that the public school district or charter school would receive per student for that course or program if the course or program was provided fully in person. 

Part 2. Hybrid and Virtual Courses. 

Section 2.1. Hybrid or Virtual Course Quality Requirements.  

A. A public school district or charter school that offers a hybrid or virtual course under this Act must certify to the [insert state education authority] that the course: 

1. Includes the appropriate essential knowledge and skills adopted under [insert statutory reference]; 
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 of this section, meets standards for hybrid or virtual courses adopted by the [insert state education authority]. 

B. If the [insert state education authority] has not adopted applicable standards for hybrid or virtual courses, a public school district or charter school that offers a hybrid or virtual course must instead certify to the [insert state education authority] 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. 

Section 2.2. Rights of Students Regarding Hybrid and Virtual Courses. 

A. Except as provided by Section 3.4, a public school district or charter school may not require a student to enroll in a hybrid or virtual course. 

B. A hybrid or virtual course offered under this Act to a student receiving special education services or other accommodations must meet the needs of the participating student in a manner consistent with [insert statutory reference] and 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. 

Section 2.3. Rights of Teachers Regarding Hybrid and Virtual Courses. 

A. Except as provided by Subsection (a-1), a public school district or charter school may not require a classroom teacher to provide both virtual instruction and in-person instruction for a course offered under this Act during the same class period.

B. 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. 

C. A classroom teacher may not provide instruction for a hybrid or virtual course offered under this Act unless: 

1. The teacher has received appropriate professional development in hybrid or virtual instruction, as determined by the public school district or charter school at which the teacher is employed; or 
2. The public school district or charter school has determined that the teacher has sufficient previous experience to not require the professional development described by subsection C.1. of this section.  

D. A public school district or 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. 

Section 2.4. Assessments. 

A. Except as authorized by [insert state education authority] rule, an assessment instrument administered under [insert statutory reference(s)] to a student enrolled in a hybrid or virtual course offered under this Act 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 public school district or charter school.  

Section 2.5. Tuition and Fees. 

A. A public school district or 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 public school district or charter school. 

Section 2.6. Attendance for Class Credit or Grade. 

A. A public school district or charter school shall establish the participation necessary to earn credit or a grade for a hybrid or virtual course offered by the public school district or school.  

Section 2.7. Agency Publication of Available Virtual Courses. 

A. The [insert state education authority] shall publish a list of virtual courses offered by public school districts and charter schools in this state that includes: 

• (a) Whether the course is available to a student who is not otherwise enrolled in the offering public school district or charter school; 
• (b) The cost of the course; and 
• (c) Information regarding any third-party provider involved in the delivery of the course. 

B. A public school district or charter school shall provide to the [insert state education authority] information required to publish the list under subsection A of this section. 

Part 3. Full-Time Hybrid and Full-Time Virtual Campuses. 

Section 3.1. Full-Time Hybrid or Full-Time Virtual Campus Authorization.  

A. A public school district or charter school may operate a full-time hybrid campus or a full-time virtual campus if authorized by the [insert state education authority] in accordance with this section. 

B. The [insert state education authority] shall adopt rules establishing the requirements for and process by which a public school district or charter school may apply for authorization to operate a full-time hybrid campus or a full-time virtual campus. The rules adopted by the [insert state education authority] may require certain written application materials and interviews and shall require a public school district or charter school to: 

1. Engage in a year of planning before offering a course under this Act 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 [insert statutory reference];  
   • (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 Act. 
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 public school district’s or charter 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 [insert statutory reference], including each subject or course for which an assessment instrument is required in that grade level; 
2. Sufficient grade levels, as determined by the [insert state education authority], 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 this subsection, another performance evaluation measure approved by the [insert state education authority] during the authorization process. 
4. 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.  
5. The [insert state education authority] may only authorize a public school district or charter school to operate a full-time hybrid campus or a full-time virtual campus if the [insert state education authority] determines that the authorization of the campus is likely to result in improved student learning opportunities. If a public school district or charter school will use a private or third party in operating the campus, the [insert state education authority] shall consider the historical performance of the private or third party, if known, in making a determination under this section.
6. A determination made by the [insert state education authority] under this section is final and not subject to appeal. 

Section 3.2. Revocation. 

A. Unless revoked as provided by this section, the [insert state education authority]’s authorization of a full-time hybrid campus or full-time virtual campus under section 3.1 of this Act continues indefinitely. 

B. The [insert state education authority] 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: 

• (a) A rating of performance that needs improvement or unacceptable, as determined by the [insert state education authority], on a performance evaluation approved by the [insert state education authority] under section 3.1 of this Act; or
• (b) A rating of performance that needs improvement or unacceptable, as determined by the [insert state education authority], on a performance evaluation approved by the [insert state education authority] under section 3.1 of this Act; or 
• (c) Any combination of the ratings described by subdivision a or b of this subsection. 

C. If a private or third party is determined to be ineligible under Section 4.2, the [insert state education authority] 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 [insert state education authority] approves a request by the public school district or charter school that operates the campus to use an alternative private or third party.

D. An appeal by a public school district or charter school of a revocation of an authorization under this Act that results in the closure of a campus must be made under [insert statutory reference to charter school appeals, if applicable].

Section 3.3. 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: 

• (a) Attended a public school in this state for a minimum of six weeks in the current school year or in the preceding school year; 
• (b) 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; 
• (c) Was not required to attend public school in this state due to nonresidency during the preceding school year; 
• (d) Is a dependent of a member of the United States military who has been deployed; or 
• (e) Has been placed in substitute care in this state.  

Section 3.4. Student Rights Regarding Full-Time Hybrid and Full-Time Virtual Campuses. 

A. A student enrolled in a public school district may not be compelled to enroll in a full-time hybrid or full-time virtual campus. A public school district must offer the option for a student’s parent to select in-person instruction for the student.  

B. Notwithstanding subsection A of this section or Section 2.2, a charter school may require a student to attend a full-time hybrid or full-time virtual campus.  

Section 3.5. Campus Designations. 

A. The [insert state education authority] determine and assign a unique campus designation number to each full-time hybrid campus or full-time virtual campus authorized under this Act. 

Section 3.6. Funding. 

A. For purposes of calculating the average daily attendance of students attending a full-time hybrid campus or full-time virtual campus, the [insert state education authority] 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 public school district or 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 [insert state education authority] shall use the statewide average attendance rate.  

B. The [insert state education authority] shall provide proportionate funding to the applicable public school district or 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 public school district or charter school in the same school year. 

Part 4. Private and Third-Party Providers. 

Section 4.1. Notice and Use of Private or Third Party. 

A. A public school district or charter school shall provide notice to the [insert state education authority] 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 4.2, a public school district or 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.

Section 4.2. Private or Third-Party Accountability. 

A. The [insert state education authority] shall, to the extent feasible, evaluate the performance of a private or third party acting as a whole program virtual instruction provider for a public school district or charter school. 

B. The [insert state education authority] 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 public school district or charter school may use a private or third party determined to be ineligible under subsection B of this section as a whole program virtual instruction provider if: 

• (a) The public school district or charter school requests approval from the [insert state education authority]; and 
• (b) The [insert state education authority] determines that the reasons the private or third party was declared ineligible under subsection B of this section will not affect the operation of the party as a whole program virtual instruction provider at the public school district or charter school.  

Part 5. State Support. 

Section 5.1. Educator Professional Development. 

A. From funds appropriated or otherwise available, the [insert state education authority] shall develop professional development courses and materials aligned with research-based practices for educators in providing high-quality virtual education. 

Section 5.2. Development Grants for Virtual Education. 

A. From funds appropriated or otherwise available, the [insert state education authority] shall provide grants and technical assistance to public school districts and charter schools to aid in the establishment of high-quality full-time hybrid or full-time virtual campuses.  

Part 6. Virtual Education as Alternative to Expulsion. 

Section 6.1. Virtual Education as Alternative to Expulsion. 

A. Except as provided by subsection B of this section, before a public school district or charter school may expel a student, the public school district or charter 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.