This bill requires all virtual schools to use a curriculum and instructional materials that meet or exceed the academic standards adopted by the state board of education. The state board of education must not waive this restriction for a virtual school. The state textbook and instructional materials quality commission must adopt a procedure to receive and evaluate feedback from a resident of this state that virtual school curriculum or instructional materials do not meet or exceed the academic standards adopted by the state board of education. If the commission receives feedback according to the procedure established above, this bill requires the commission to evaluate and determine, within 60 days from the date on which the feedback was received, whether the virtual school curriculum or instructional materials meet or exceed the academic standards adopted by the state board of education. The commission must issue the commission's determination in writing to each LEA that operates a virtual school. If the textbook commission determines that a virtual school curriculum or instructional materials do not meet or exceed the academic standards adopted by the state board of education, then a virtual school using that curriculum or instructional materials must cease using such curriculum or instructional materials and substitute a curriculum and or instructional materials that meet or exceed the academic standards adopted by the state board of education. ON MARCH 17, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 416, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law: Prohibits virtual schools from using any textbooks or instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the state textbook and instructional materials quality commission and approved by the state board of education, unless the books or materials were previously listed and purchased with public funds. Authorizes the state board of education to waive this restriction, based on its judgment, for a virtual school upon an application for waiver by the school's local board of education, based on the local education agency's (LEA) unique or unusual needs. Requires the state board of education to outline in its rules specific timeframes when waiver applications may be submitted by a local board of education for virtual schools. Authorizes the state board to establish a timeframe for virtual schools to submit a waiver application that is a separate timeframe from other school's applications. Until January 1, 2028, establishes the provisions below. Prohibits the state board of education from waiving this requirement upon the application of a virtual school. Authorizes each LEA that has established a virtual school to apply to the state board of education for a waiver from this prohibition. In addition to any other information required by the state board of education to complete a waiver application, requires the LEA to include a verification of the academic standards adopted by the state board of education alignment for the courses requested in the waiver application. Requires the state board of education to review each completed waiver application and, if the verification of academic standards alignment included with the application is complete and meets or exceeds the academic standards adopted by the state board of education, approve the application for use of the virtual school instructional materials submitted. Authorizes the state board to promulgate rules to effectuate the implementation of the waiver application for virtual school instructional materials, in accordance with the Uniform Administrative Procedures Act. Requires the department of education to post on its website all waiver applications that are approved by the state board of education. No later than January 1, 2028, requires the state board of education to report to the members of the general assembly a plan for approving virtual school instructional materials and any statutory changes that are necessary to adopt the plan. ON APRIL 16, 2025, THE HOUSE SUBSTITUTED SENATE BILL 416 FOR HOUSE BILL 380, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 416, AS AMENDED. AMENDMENT #1 rewrites this bill to require the state textbook and instructional materials quality commission, in consultation with the department of education, to develop a plan for the commission to review and submit to the state board of education for approval of electronic textbooks and instructional materials for use by virtual schools established by LEAs. If legislation is required for the commission to implement the plan developed pursuant to this amendment, then this amendment requires the commission to submit the plan and recommendations for legislation to the general assembly no later than January 1, 2027. If legislation is not required for the commission to implement the plan, then this amendment requires the commission to implement the plan no later than January 1, 2027.
Statutes affected: Introduced: 49-6-2206
Amended with SA0130 -- 03/17/2025: 49-6-2206, 49-6-2206(a)
Amended with SA0130, HA0309 -- 04/21/2025: 49-6-2206, 49-6-2206(a), 49-6-2202