H.B. No. 2196 seeks to improve virtual education in public schools by allowing the commissioner of education to grant waivers and modify average daily attendance calculations during emergencies, ensuring school districts retain funding under the Foundation School Program. The bill introduces new provisions for virtual and hybrid courses, requiring school districts and open-enrollment charter schools to inform parents and students about these options without discouraging enrollment. It establishes guidelines for supporting students who are homeless or in substitute care, ensuring their educational continuity. Key amendments include the addition of Chapter 30B, which defines full-time hybrid and virtual programs, and updates existing sections of the Education Code to reflect these changes, including the replacement of references to the state virtual school network with provisions for local virtual or hybrid courses.

The legislation also outlines the establishment and operation of full-time hybrid and virtual campuses, mandating that these campuses include specific grade levels for assessments and performance evaluations. The commissioner of education is empowered to approve these campuses based on their potential to enhance student learning, with a final and non-appealable authorization process. The bill emphasizes student choice in enrollment, ensuring that students can opt for in-person instruction unless otherwise required by charter schools. It includes provisions for accountability of private or third-party virtual instruction providers and updates funding calculations based on average daily attendance. The bill amends the Education Code to exclude students receiving full-time instruction through a full-time virtual campus from certain enrollment criteria, with this exclusion set to expire on September 1, 2031. The provisions will take effect in the 2025-2026 school year, or immediately if passed by a two-thirds vote.

Statutes affected:
Introduced: Education Code 1.001, Education Code 7.0561, Education Code 25.007, Education Code 26.0031, Education Code 29.081, Education Code 33.009, Education Code 37.0081, Education Code 48.053, Education Code 48.104, Education Code 48.111 (Education Code 7, Education Code 25, Education Code 26, Education Code 33, Education Code 29, Education Code 37, Education Code 1, Education Code 48)