The Texas Education Agency on Aug. 28 published proposed rules that would establish a new framework for full-time virtual and hybrid public school campuses in the state. Under the proposal, open-enrollment charter schools may require a student to attend a full-time virtual or hybrid campus, while school districts are barred from compelling virtual enrollment and must offer in-person instruction. The comment period runs through Sept. 28, 2026.
Asymmetry in parental choice
Proposed §71.1016(c) states that a student enrolled in a school district may not be compelled to enroll in a full-time virtual or full-time hybrid campus, and a school district must offer the option for a parent to select in-person instruction. The next subsection, (d), says an open-enrollment charter school may require a student to attend a full-time hybrid campus or virtual campus. The Texas Education Agency's proposed rule package makes this distinction explicit.
The draft rules also carry student eligibility requirements. For full-time virtual enrollment, a student must have attended a Texas public school for at least six weeks in the current or prior school year, be entering first grade or below, or meet one of several other criteria such as being a dependent of a deployed military service member or placed in substitute care. No similar prior-attendance requirement applies to hybrid enrollment; any student eligible to enroll in a Texas public school at any grade level may enroll at a full-time hybrid campus.
Authorization and revocation
The proposed rules give the commissioner of education authority to approve a full-time virtual or hybrid campus only if the commissioner determines the authorization is likely to result in improved student learning opportunities. That determination is final and not subject to appeal, as stated in proposed §71.1018(e). Authorization continues indefinitely unless revoked. The commissioner must revoke authorization if a campus receives a rating of needs improvement or unacceptable for three consecutive years under the state's accountability system.
The rules also include teacher protections. A school may not require the same teacher to deliver online and in-person instruction in the same class period and may not directly or indirectly coerce a teacher hired for in-person work into an online assignment. Teachers of virtual or hybrid courses must complete required professional development.
How other states handle virtual enrollment
Several other states have taken approaches that differ from the Texas proposal. Florida authorizes virtual charter schools under §1002.33 and §1002.45 of its statutes. An existing charter seeking virtual status must amend its charter or submit a new application. Florida law does not include a provision allowing a charter to compel virtual enrollment; a student may withdraw from a charter school at any time and enroll in another public school.
Indiana requires that at least 60 percent of students newly enrolled in a virtual charter school each year must have been part of the state's prior-year fall average daily membership count — a prior-attendance requirement similar to Texas's six-week rule. After 2019, virtual charter schools in Indiana may be authorized only by a statewide authorizer. The law also mandates an onboarding process that notifies parents of engagement and attendance requirements.
Oregon gives school districts a mechanism to cap virtual charter enrollment. Under House Bill 2716 (2021), if more than 8 percent of a district's students are enrolled in virtual charter schools not sponsored by the district, the district may deny enrollment, with an appeal to the State Board of Education. Texas's proposed rules do not include such a cap for charter virtual campuses.
Missouri's virtual school program, established by HB 220 (2025), requires that enrollment policies ensure that opportunities for in-person instruction are considered before a student is moved to virtual courses. Full-time virtual programs must survey reasons for enrollment interest and consider in-person alternatives, with an appeal process available. This contrasts with the Texas proposal, where charters may mandate virtual enrollment without a comparable consideration step.
Texas's own prior framework, the Texas Virtual School Network created by SB 1788 in 2007, did not allow a school district or charter to unreasonably deny a parent's request to enroll a student in an electronic course. Parents could appeal denials to the commissioner, whose decision was final. That law was repealed and replaced by SB 569, which created the current Chapter 30B.
Funding and transition
The proposed rules establish a funding mechanism for full-time virtual and hybrid campuses. Average daily attendance is calculated by multiplying the number of full-time-equivalent students enrolled online by the average attendance rate of the sponsoring district or charter, excluding students in the virtual or hybrid campus itself. If a reliable attendance rate is unavailable, the statewide average is used. The fiscal note signed by associate commissioner Marian Schutte states there are no additional costs to state or local government for the first five years the proposal is in effect.
Under transition provisions of SB 569, existing virtual programs operated under the Texas Virtual School Network may continue through the 2026–2027 school year. The proposed effective date for the new rules is Dec. 27, 2026, pending the outcome of the public comment period.