Yesterday, Governor Abbott signed the remote instruction bill,
SB 15, and it is now law, effective immediately.
As you know, that's the bill (now law) that allows school districts rated C or better to offer a remote learning program for up to 10% of enrolled students if the district chooses to offer such a program. Students participating in such a program would count towards ADA for funding purposes (with a few exceptions for students deemed ineligible for funding). This program and funding eligibility will expire September 1, 2023. We previously shared our
SB 15 Section-by-Section.
TEA released a
Senate Bill 15 Overview yesterday which seeks to answer some questions and provide clarity about the new law. TEA also posted a
draft of rules they are likely to include in the 2021-2022 Student Attendance Accounting Handbook that cover remote attendance for those districts that elect to offer remote instruction. The proposed rules cover which students can draw funding under remote learning plans as well as how attendance would be documented. Please note that while there are similarities to attendance accounting in the previous school year, there are also some differences.
Commissioner Mike Morath also addressed several things that school districts cannot do when it comes to remote learning. He clarified that campuses must provide in-person instruction and districts may not close an entire campus or district and receive funding for remote instruction during a time when in-person instruction is not offered.
Morath also stated that remote conferencing may not be used for a campus-wide closure. Remote conferencing is only available for those with confirmed positive cases and close contact, which the Commissioner said would be impossible to apply to an entire school.
The Commissioner also attempted to provide some clarity around the issue of which students are eligible for funding in a remote program, saying that if a student was enrolled in a remote program for the majority of the last instructional year (88 or more instructional days), then they must meet the requirements to show they have been successful. Those measures of success are passage of STAAR assessments (if assessed), passing grades in foundation curriculum courses, and less than 10 unexcused absences. TEA will provide a list of students statewide (through TEAL) to help districts determine which students may or may not be eligible for remote funding, based on prior enrollment in remote learning for the majority of the previous school year and state assessment results.
This continues to be a very complex and complicated matter, so we will provide additional information as it becomes available.