For expiration of this section, see Subsection (d). 

Sec. 39.0549.  EVALUATING VIRTUAL AND LOCAL REMOTE PROGRAMS.  (a)  In evaluating under Section 39.054 the performance of a school district or open-enrollment charter school that operates a full-time local remote learning program, the commissioner shall assign the program separate overall and domain performance ratings as if the program were a campus of the district or school. For purposes of assigning performance ratings under this subsection, students who spend at least half of the students' instructional time receiving virtual or remote instruction are considered enrolled in the program, including students:
(1)  enrolled in virtual courses offered under a local remote learning program under Section 29.9091; or
(2)  receiving remote instruction, regardless of whether the student is enrolled in a remote learning program offered under Section 29.9091 and including students receiving remote instruction who are:
(A)  medically fragile;
(B)  placed in a virtual setting by an admission, review, and dismissal committee; or
(C)  receiving accommodations under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
(b)  A performance rating under this section is not subject to Section 39.054(a-3) or 39.0546.
(c)  A performance rating assigned under this section may not be used for purposes of Section 39.0544 or for determining whether to impose any intervention or sanction authorized by Chapter 39A.
(d)  This section expires September 1, 2023.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 5 (S.B. 15), Sec. 4, eff. September 9, 2021.