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A BILL TO BE ENTITLED
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AN ACT
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relating to providing high-quality tutoring services to public |
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school students, including the creation of the Texas Tutor Corps |
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program, and the use of the compensatory education allotment for |
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certain tutoring services programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 29, Education Code, is |
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amended by adding Section 29.0841 to read as follows: |
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Sec. 29.0841. TEXAS TUTOR CORPS PROGRAM. (a) In this |
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section: |
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(1) "Hard-to-staff school" means a high-need school |
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that has a high rate of teacher turnover or a large concentration of |
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teachers in their first or second year of teaching. |
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(2) "High-need school" has the meaning assigned by the |
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Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631). |
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(3) "Program" means the Texas Tutor Corps program |
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established under this section. |
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(b) The agency shall establish and administer a Texas Tutor |
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Corps program to develop and support a statewide network of tutors, |
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combat learning loss, and provide grants to school districts and |
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open-enrollment charter schools that are hard-to-staff schools or |
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high-need schools, for the purpose of establishing local consortia, |
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as described by Subsection (e), to collaborate on the provision of |
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high-quality tutoring services for students enrolled at the |
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district or school. The program must: |
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(1) include time for planning and collaboration among |
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tutors; |
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(2) match tutors with students based on the tutor's |
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expertise in a particular subject area or grade level and the |
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student's subject area tutoring needs or grade level; |
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(3) include high-quality pre-service training and |
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ongoing professional support for tutors serving under the program; |
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(4) be facilitated by the local consortium established |
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by the district or school; and |
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(5) provide compensation for tutors. |
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(c) The following individuals may serve as tutors under the |
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program: |
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(1) certified and retired educators; |
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(2) paraprofessionals and teacher's aides; |
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(3) recent graduates of educator preparation |
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programs; |
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(4) individuals enrolled in state-approved educator |
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preparation programs; and |
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(5) postsecondary students enrolled in a certificate |
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or degree program in the subject area in which the student provides |
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tutoring under the program. |
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(d) Tutoring services provided under the program must: |
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(1) be led by a tutor; |
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(2) be provided in a one-on-one or small group setting |
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with a ratio of not more than one tutor for every four students; |
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(3) occur in multiple sessions of sufficient length |
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each week to ensure adequate time for delivery of tutoring |
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services; |
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(4) be provided during the regular school day or |
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immediately before or after school and during school vacation |
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periods; and |
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(5) align with local standards and curriculum. |
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(e) For purposes of this section, a local consortium of |
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community partners: |
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(1) includes one or more of each of the following |
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entities, one of which serves as the lead entity of the consortium: |
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(A) a school district or district campus; |
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(B) an open-enrollment charter school or charter |
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school campus; and |
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(C) a regional education service center; and |
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(2) may include: |
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(A) educator preparation programs under Section |
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21.0442; |
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(B) community-based organizations; |
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(C) agencies serving children and youth; |
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(D) institutions of higher education; |
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(E) educator organizations; |
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(F) organizations representing education |
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professionals; |
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(G) local governments and local governmental |
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entities; |
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(H) student organizations; and |
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(I) parent organizations. |
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(f) A school district or open-enrollment charter school |
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that applies for a grant under this section must include with the |
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application a description of the methods by which the tutoring to be |
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provided under the grant will accelerate student learning and |
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alleviate learning loss resulting from the coronavirus disease |
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(COVID-19) pandemic. The description must indicate whether the |
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district or school plans to implement a high-quality tutoring |
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program. |
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(g) A school district or open-enrollment charter school |
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awarded a grant under this section may use the grant money to pay |
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for: |
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(1) training tutors and placing tutors at district or |
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school campuses; |
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(2) supporting tutors to work with small groups of |
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students; |
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(3) matching tutors with students and mentors; |
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(4) providing adequate compensation to tutors and |
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mentors; |
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(5) purchasing instructional materials and |
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connectivity resources, including Internet access and devices |
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capable of connecting to the Internet; |
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(6) providing transportation for students attending |
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the tutoring program; |
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(7) providing meals and snacks for students attending |
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the tutoring program; and |
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(8) providing facilities for conducting the tutoring |
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program. |
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(h) In awarding grants under this section, the |
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commissioner: |
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(1) must consider the quality of the tutoring proposed |
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to be provided; |
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(2) may leverage federal funding to pay for the costs |
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under the program; |
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(3) must consider the amount of funds distributed to |
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the school district or open-enrollment charter school under Chapter |
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48; |
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(4) must use any funds appropriated or otherwise |
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available for the purposes of this program; |
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(5) shall prioritize applicants that: |
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(A) have established a local consortium that |
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includes an educator preparation program under Section 21.0442; |
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(B) are hard-to-staff schools; |
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(C) serve a high percentage of students who |
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qualify for compensatory education, as determined by the |
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commissioner; and |
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(D) place an emphasis on in-person tutoring; and |
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(6) shall require as a condition of each grant that the |
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recipient agree to use the grant to supplement and not supplant any |
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money allocated by the recipient for existing instruction or |
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tutoring programs. |
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(h-1) In awarding grants under this section for the |
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2021-2022 school year, the commissioner may, to the extent |
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authorized by state and federal law, leverage federal funding |
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received through the elementary and secondary school emergency |
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relief fund that is designated for use by the agency under the |
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Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), and |
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the American Rescue Plan of 2021 (Pub. L. No. 117-2). This |
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subsection expires September 1, 2022. |
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(i) The commissioner may accept gifts, grants, or donations |
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from any public or private source for purposes of this section. |
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(j) Notwithstanding Subsection (b), the commissioner is |
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required to establish the program under this section only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the commissioner may, but is not required to, establish |
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the program under this section using other appropriations available |
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for that purpose. |
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(k) A tutor providing services under the program is immune |
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from civil liability to the same extent as a professional employee |
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of a school district under Section 22.0511. |
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(l) This section expires September 1, 2023. |
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SECTION 2. Section 25.085(d), Education Code, is amended to |
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read as follows: |
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(d) Unless specifically exempted by Section 25.086, a |
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student enrolled in a school district must attend: |
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(1) an extended-year program for which the student is |
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eligible that is provided by the district for students identified |
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as likely not to be promoted to the next grade level or tutorial |
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classes required by the district under Section 29.0841 [29.084]; |
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(2) an accelerated reading instruction program to |
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which the student is assigned under Section 28.006(g); |
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(3) an accelerated instruction program to which the |
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student is assigned under Section 28.0211; |
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(4) a basic skills program to which the student is |
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assigned under Section 29.086; or |
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(5) a summer program provided under Section 37.008(l) |
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or Section 37.021. |
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SECTION 3. Section 29.088, Education Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(b) Before providing a program under this section, the board |
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of trustees of a school district must adopt a policy for: |
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(1) determining student eligibility for participating |
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in the program that: |
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(A) prescribes the grade level or course a |
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student must be enrolled in to be eligible; and |
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(B) provides for considering teacher |
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recommendations in determining eligibility; |
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(2) ensuring that parents of or persons standing in |
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parental relation to eligible students are provided notice of the |
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program; |
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(3) ensuring that eligible students are encouraged to |
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attend the program; |
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(4) ensuring that the program is offered at one or more |
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locations in the district that are easily accessible to eligible |
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students; [and] |
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(5) measuring student progress on completion of the |
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program; and |
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(6) ensuring that all instruction, intervention, and |
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support is provided by an appropriately qualified educator or |
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person enrolled in an educator preparation program. |
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(b-1) For a school year before the 2023-2024 school year, |
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the board of trustees of a school district shall include in the |
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policy adopted under Subsection (b) an outline of how the program |
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will combat learning loss caused by the coronavirus disease |
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(COVID-19) pandemic. This subsection expires September 1, 2023. |
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(c) The commissioner by rule shall: |
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(1) prescribe a procedure that a school district must |
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follow to apply for and receive funding for a program under this |
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section; |
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(2) adopt guidelines for determining which districts |
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receive funding if there is not sufficient funding for each |
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district that applies; |
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(3) require each district providing a program to |
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report student performance results to the commissioner within the |
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period and in the manner prescribed by the rule; [and] |
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(4) based on district reports under Subdivision (3) |
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and any required analysis and verification of those reports, |
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disseminate to each district in this state information concerning |
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instructional methods that have proved successful in improving |
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student performance in mathematics; and |
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(5) require each district providing a program under |
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this section to submit a description of the methods by which the |
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program will accelerate student learning, including whether the |
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district plans to implement a high-quality tutoring program. |
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SECTION 4. Sections 29.090(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) Before providing a program under this section, the board |
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of trustees of a school district must adopt a policy for: |
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(1) determining student eligibility for participating |
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in the program that: |
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(A) prescribes the grade level or course a |
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student must be enrolled in to be eligible; and |
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(B) provides for considering teacher |
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recommendations in determining eligibility; |
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(2) ensuring that parents of or persons standing in |
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parental relation to eligible students are provided notice of the |
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program; |
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(3) ensuring that eligible students are encouraged to |
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attend the program; |
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(4) ensuring that the program is offered at one or more |
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locations in the district that are easily accessible to eligible |
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students; [and] |
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(5) measuring student progress on completion of the |
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program; and |
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(6) ensuring that all instruction, intervention, and |
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support is provided by an appropriately qualified educator or |
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person enrolled in an educator preparation program. |
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(c) The commissioner by rule shall: |
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(1) prescribe a procedure that a school district must |
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follow to apply for and receive funding for a program under this |
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section; |
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(2) adopt guidelines for determining which districts |
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receive funding if there is not sufficient funding for each |
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district that applies; |
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(3) require each district providing a program to |
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report student performance results to the commissioner within the |
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period and in the manner prescribed by the rule; [and] |
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(4) based on district reports under Subdivision (3) |
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and any required analysis and verification of those reports, |
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disseminate to each district in this state information concerning |
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instructional methods that have proved successful in improving |
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student performance in science; and |
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(5) require each district providing a program under |
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this section to submit a description of the methods by which the |
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program will accelerate student learning, including whether the |
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district plans to implement a high-quality tutoring program. |
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SECTION 5. Section 29.091, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) In addition to the requirements provided by |
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Subsection (c), to be eligible to participate in the program for a |
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school year before the 2023-2024 school year, a school district |
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must participate in a local consortium described under Section |
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29.0841 that supports the Texas Tutor Corps program under that |
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section. This subsection expires September 1, 2023. |
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SECTION 6. Section 48.104, Education Code, is amended by |
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adding Subsection (j-2) to read as follows: |
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(j-2) In addition to other purposes for which funds |
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allocated under this section may be used, those funds may also be |
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used to pay costs associated with tutoring services provided under |
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the Texas Tutor Corps program under Section 29.0841. This |
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subsection expires September 1, 2023. |
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SECTION 7. Sections 29.084 and 29.094, Education Code, are |
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repealed. |
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SECTION 8. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 9. The Texas Education Agency is required to |
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implement this Act only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the agency may, |
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but is not required to, implement this Act using other money |
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available for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |
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* * * * * |