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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of public school students, providing |
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accelerated instruction for students who fail to achieve |
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satisfactory performance on certain assessment instruments, and an |
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accelerated learning and sustainment outcomes bonus allotment |
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under the foundation school program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 28.0211, Education Code, |
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is amended to read as follows: |
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Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY |
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PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED |
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INSTRUCTION; MODIFIED TEACHER ASSIGNMENT. |
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SECTION 2. Section 28.0211, Education Code, is amended by |
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amending Subsections (a), (a-1), (a-2), (a-3), (c), (f), (i), (k), |
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and (n) and adding Subsections (a-4), (a-5), (a-6), (f-1), (f-2), |
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(f-3), (f-4), (f-5), and (n-1) to read as follows: |
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(a) A school district shall establish an accelerated |
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learning committee described by Subsection (c) for each student who |
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does not perform satisfactorily on: |
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(1) the third grade mathematics or reading assessment |
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instrument under Section 39.023; |
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(2) [Except as provided by Subsection (b) or (e), a |
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student may not be promoted to: |
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[(1) the sixth grade program to which the student |
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would otherwise be assigned if the student does not perform |
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satisfactorily on] the fifth grade mathematics or [and] reading |
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assessment instrument [instruments] under Section 39.023; or |
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(3) [(2) the ninth grade program to which the student |
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would otherwise be assigned if the student does not perform |
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satisfactorily on] the eighth grade mathematics or [and] reading |
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assessment instrument [instruments] under Section 39.023. |
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(a-1) Each time a student fails to perform satisfactorily on |
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an assessment instrument administered under Section 39.023(a) in |
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the third, fourth, fifth, sixth, seventh, or eighth grade, the |
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school district in which the student attends school shall provide |
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to the student accelerated instruction in the applicable subject |
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area during the subsequent summer or school year and either: |
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(1) allow the student to be assigned a classroom |
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teacher who is certified as a master, exemplary, or recognized |
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teacher under Section 21.3521 for the subsequent school year in the |
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applicable subject area; or |
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(2) provide the student supplemental instruction |
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under Subsection (a-4). |
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(a-2) Accelerated instruction provided during the following |
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school year under Subsection (a-1) may require participation of the |
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student before or after normal school hours [and may include |
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participation at times of the year outside normal school |
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operations]. |
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(a-3) In providing accelerated instruction under Subsection |
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(a-1), a district may not remove a student, except under |
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circumstances for which a student enrolled in the same grade level |
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who is not receiving accelerated instruction would be removed, |
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from: |
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(1) instruction in the foundation curriculum and |
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enrichment curriculum adopted under Section 28.002 for the grade |
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level in which the student is enrolled; or |
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(2) recess or other physical activity that is |
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available to other students enrolled in the same grade level. |
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(a-4) Supplemental instruction provided by a school |
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district under Subsection (a-1)(2) must: |
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(1) include targeted instruction in the essential |
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knowledge and skills for the applicable grade levels and subject |
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area; |
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(2) be provided in addition to instruction normally |
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provided to students in the grade level in which the student is |
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enrolled; |
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(3) be provided for no less than 30 total hours during |
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the subsequent summer or school year and, unless the instruction is |
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provided fully during summer, include instruction no less than once |
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per week during the school year; |
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(4) be designed to assist the student in achieving |
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satisfactory performance in the applicable grade level and subject |
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area; |
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(5) include effective instructional materials |
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designed for supplemental instruction; |
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(6) be provided to a student individually or in a group |
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of no more than three students, unless the parent or guardian of |
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each student in the group authorizes a larger group; |
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(7) be provided by a person with training in the |
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applicable instructional materials for the supplemental |
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instruction and under the oversight of the school district; and |
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(8) to the extent possible, be provided by one person |
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for the entirety of the student's supplemental instruction period. |
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(a-5) If there is more than one classroom teacher available |
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in the applicable subject area to which a student who fails to |
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perform satisfactorily on an assessment instrument specified under |
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Subsection (a) could be assigned for the subsequent school year, |
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the student's parent or guardian may choose the teacher who will |
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provide the applicable instruction to the student. |
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[(a-2) A student who fails to perform satisfactorily on an |
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assessment instrument specified under Subsection (a) and who is |
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promoted to the next grade level must complete accelerated |
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instruction required under Subsection (a-1) before placement in the |
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next grade level. A student who fails to complete required |
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accelerated instruction may not be promoted.] |
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(a-6) [(a-3)] The commissioner shall provide guidelines to |
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school districts on research-based best practices and effective |
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strategies that a district may use in developing an accelerated |
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instruction program and may provide resources to districts to |
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assist in the provision of an accelerated instruction program. |
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(c) [Each time a student fails to perform satisfactorily on |
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an assessment instrument specified under Subsection (a), the school |
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district in which the student attends school shall provide to the |
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student accelerated instruction in the applicable subject area, |
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including reading instruction for a student who fails to perform |
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satisfactorily on a reading assessment instrument.] After a |
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student fails to perform satisfactorily on an assessment instrument |
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specified under Subsection (a), an accelerated learning [a second |
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time, a grade placement] committee shall be established [to |
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prescribe the accelerated instruction the district shall provide to |
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the student before the student is administered the assessment |
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instrument the third time]. The accelerated learning [grade |
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placement] committee shall be composed of the principal or the |
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principal's designee, the student's parent or guardian, and the |
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teacher of the subject of an assessment instrument on which the |
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student failed to perform satisfactorily. The district shall |
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notify the parent or guardian of the time and place for convening |
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the accelerated learning [grade placement] committee and the |
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purpose of the committee. [An accelerated instruction group |
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administered by a school district under this section may not have a |
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ratio of more than 10 students for each teacher.] |
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(f) An accelerated learning [A school district shall |
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provide to a student who, after three attempts, has failed to |
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perform satisfactorily on an assessment instrument specified under |
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Subsection (a) accelerated instruction during the next school year |
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as prescribed by an educational plan developed for the student by |
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the student's grade placement] committee described by [established |
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under] Subsection (c) shall, not later than the start of the |
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subsequent school year, develop an[. The district shall provide |
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that accelerated instruction regardless of whether the student has |
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been promoted or retained. The] educational plan for the student |
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that provides the necessary accelerated instruction [must be |
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designed] to enable the student to perform at the appropriate grade |
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level by the conclusion of the school year. |
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(f-1) The educational plan under Subsection (f) must be |
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documented in writing, and a copy must be provided to the student's |
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parent or guardian. |
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(f-2) During the school year, the student shall be monitored |
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to ensure that the student is progressing in accordance with the |
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plan developed under Subsection (f). The district shall administer |
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to the student the assessment instrument for the grade level in |
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which the student is placed at the time the district regularly |
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administers the assessment instruments for that school year. |
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(f-3) The board of trustees of each school district shall |
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adopt a policy consistent with the grievance procedure adopted |
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under Section 26.011 to allow a parent to contest the content or |
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implementation of an educational plan developed under Subsection |
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(f). |
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(f-4) If a student who fails to perform satisfactorily on an |
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assessment instrument specified under Subsection (a) fails in the |
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subsequent school year to perform satisfactorily on an assessment |
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instrument in the same subject, the superintendent of the district, |
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or the superintendent's designee, shall meet with the student's |
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accelerated learning committee to: |
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(1) identify the reason the student did not perform |
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satisfactorily; and |
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(2) determine, in order to ensure the student performs |
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satisfactorily on the assessment instrument at the next |
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administration of the assessment instrument, whether: |
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(A) the educational plan developed for the |
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student under Subsection (f) must be modified to provide the |
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necessary accelerated instruction for that student; and |
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(B) any additional resources are required for |
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that student. |
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(f-5) The superintendent's designee under Subsection (f-4): |
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(1) may be an employee of a regional education service |
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center; and |
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(2) may not be a person who served on the student's |
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accelerated learning committee. |
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(i) The admission, review, and dismissal committee of a |
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student who participates in a district's special education program |
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under Subchapter A, Chapter 29, and who does not perform |
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satisfactorily on an assessment instrument specified under |
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Subsection (a) and administered under Section 39.023(a) or (b) must |
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meet to [before the student is administered the assessment |
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instrument for the second time. The committee shall] determine[: |
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[(1)] the manner in which the student will participate |
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in an accelerated instruction program under this section[; and |
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[(2) whether the student will be promoted in |
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accordance with Subsection (i-1) or retained under this section]. |
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(k) The commissioner may [shall] adopt rules as necessary to |
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implement this section[, including rules concerning when school |
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districts shall administer assessment instruments required under |
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this section and which administration of the assessment instruments |
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will be used for purposes of Section 39.054]. |
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(n) Except as provided by Subsection (n-1), a [A] student |
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who fails to perform satisfactorily on an assessment instrument |
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specified under Subsection (a) and is promoted to the next grade |
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level [by a grade placement committee under this section] must be |
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assigned in the subsequent school year in each subject in which the |
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student failed to perform satisfactorily on an assessment |
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instrument specified under Subsection (a) to an appropriately |
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certified [a] teacher who meets all state and federal |
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qualifications to teach that subject and grade. |
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(n-1) In a manner consistent with federal law and |
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notwithstanding any other law, the commissioner may waive the |
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requirement under Subsection (n) regarding the assignment of a |
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student to an appropriately certified classroom teacher on the |
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request of a school district. |
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SECTION 3. Section 28.0217, Education Code, is amended to |
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read as follows: |
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Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL |
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STUDENTS. (a) Each time a student fails to perform satisfactorily |
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on an assessment instrument administered under Section 39.023(c), |
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the school district in which the student attends school shall |
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provide to the student accelerated instruction in the applicable |
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subject area[, using funds appropriated for accelerated |
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instruction under Section 28.0211]. |
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(b) Accelerated instruction provided under this section: |
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(1) may require participation of the student before or |
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after normal school hours and may include participation at times of |
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the year outside normal school operations; and |
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(2) must comply with the requirements for accelerated |
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instruction provided under Section 28.0211. |
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SECTION 4. Section 39.025(b-1), Education Code, is amended |
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to read as follows: |
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(b-1) A school district shall provide each student who fails |
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to perform satisfactorily as determined by the commissioner under |
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Section 39.0241(a) on an end-of-course assessment instrument with |
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accelerated instruction under Section 28.0217 in the subject |
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assessed by the assessment instrument. |
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SECTION 5. Section 39.301(c), Education Code, is amended to |
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read as follows: |
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(c) Indicators for reporting purposes must include: |
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(1) the percentage of graduating students who meet the |
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course requirements established by State Board of Education rule |
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for: |
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(A) the foundation high school program; |
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(B) the distinguished level of achievement under |
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the foundation high school program; and |
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(C) each endorsement described by Section |
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28.025(c-1); |
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(2) the results of the SAT, ACT, and certified |
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workforce training programs described by Chapter 311, Labor Code; |
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(3) for students who have failed to perform |
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satisfactorily, under each performance standard under Section |
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39.0241, on an assessment instrument required under Section |
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39.023(a) or (c), the performance of those students on subsequent |
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assessment instruments required under those sections, aggregated |
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by grade level and subject area; |
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(4) for each campus, the number of students, |
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disaggregated by major student subpopulations, that take courses |
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under the foundation high school program and take additional |
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courses to earn an endorsement under Section 28.025(c-1), |
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disaggregated by type of endorsement; |
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(5) the percentage of students, aggregated by grade |
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level, provided accelerated instruction under Section 28.0211 |
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[28.0211(c)], the results of assessment instruments administered |
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under that section, [the percentage of students promoted through |
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the grade placement committee process under Section 28.0211,] the |
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subject of the assessment instrument on which each student failed |
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to perform satisfactorily under each performance standard under |
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Section 39.0241, and the performance of those students in the |
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subsequent school year [following that promotion] on the assessment |
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instruments required under Section 39.023; |
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(6) the percentage of students of limited English |
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proficiency exempted from the administration of an assessment |
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instrument under Sections 39.027(a)(1) and (2); |
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(7) the percentage of students in a special education |
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program under Subchapter A, Chapter 29, assessed through assessment |
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instruments developed or adopted under Section 39.023(b); |
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(8) the percentage of students who satisfy the college |
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readiness measure; |
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(9) the measure of progress toward dual language |
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proficiency under Section 39.034(b), for students of limited |
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English proficiency, as defined by Section 29.052; |
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(10) the percentage of students who are not |
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educationally disadvantaged; |
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(11) the percentage of students who enroll and begin |
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instruction at an institution of higher education in the school |
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year following high school graduation; and |
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(12) the percentage of students who successfully |
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complete the first year of instruction at an institution of higher |
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education without needing a developmental education course. |
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SECTION 6. Subchapter C, Chapter 48, Education Code, is |
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amended by adding Section 48.1102 to read as follows: |
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Sec. 48.1102. ACCELERATED LEARNING AND SUSTAINMENT |
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OUTCOMES BONUS. (a) For purposes of this section, a student is a: |
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(1) successfully accelerated student if the student: |
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(A) performs satisfactorily or better on an |
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assessment instrument administered under Section 39.023(a); and |
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(B) was administered but did not perform |
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satisfactorily on the assessment instrument administered under |
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Section 39.023(a) for the same subject in the student's preceding |
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grade level; and |
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(2) sustained accelerated student if the student: |
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(A) performs at the level determined under |
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Section 39.0241(a-1) or the equivalent to determine preparedness |
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for the student's next grade level or better on an assessment |
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instrument administered under Section 39.023(a); |
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(B) performs satisfactorily or better on the |
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assessment instrument administered under Section 39.023(a) for the |
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same subject in the student's preceding grade level; and |
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(C) was administered but did not perform |
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satisfactorily on the assessment instrument administered under |
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Section 39.023(a) for the grade level and subject preceding the |
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assessment described by Paragraph (B). |
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(b) For each successfully accelerated student in excess of |
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the minimum number of students determined for the district or |
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school under Subsection (d), a school district or open-enrollment |
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charter school is entitled to the following annual outcomes bonus: |
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(1) $500 for each student who is not educationally |
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disadvantaged; and |
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(2) $1,000 for each student who is educationally |
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disadvantaged. |
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(c) For each sustained accelerated student, a school |
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district or open-enrollment charter school is entitled to the |
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following annual outcomes bonus: |
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(1) $250 for each student who is not educationally |
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disadvantaged; and |
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(2) $500 for each student who is educationally |
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disadvantaged. |
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(d) The commissioner shall establish, using a percentile |
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determined by the commissioner based on the median performance of |
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school districts and open-enrollment charter schools on |
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assessments administered under Section 39.023(a) during the |
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2017-2018 school year, a threshold percentage of: |
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(1) successfully accelerated students who are not |
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educationally disadvantaged; and |
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(2) successfully accelerated students who are |
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educationally disadvantaged. |
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(e) Each year, the commissioner shall determine for each |
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school district and open-enrollment charter school the minimum |
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number of successfully accelerated students the district or school |
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must have in order for the district to achieve the percentage equal |
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to the threshold percentage established for that group of students |
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described by Subsection (b). |
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(f) The commissioner may modify the threshold percentages |
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established under Subsection (d) once every five years if the |
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commissioner determines that substantial improvement in the median |
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performance of school districts and open-enrollment charter |
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schools has occurred. |
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SECTION 7. Section 51.338(d), Education Code, is amended to |
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read as follows: |
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(d) A student who has demonstrated the performance standard |
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for college readiness as provided by Section 28.008 on the |
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postsecondary readiness assessment instruments adopted under |
|
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Section 39.0238 for Algebra II and English III, as that section |
|
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existed before repeal by H.B. 4545, Acts of the 87th Legislature, |
|
|
Regular Session, 2021, is exempt from the requirements of this |
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subchapter with respect to those content areas. The commissioner |
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of higher education by rule shall establish the period for which an |
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exemption under this subsection is valid. |
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SECTION 8. The following provisions of the Education Code |
|
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are repealed: |
|
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(1) Sections 28.0211(b), (d), (e), (i-1), (i-2), (m), |
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and (m-1); |
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(2) Section 39.0231; and |
|
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(3) Section 39.0238. |
|
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SECTION 9. As soon as practicable after the effective date |
|
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of this Act, the board of trustees of a school district shall adopt |
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a policy as required by Section 28.0211(f-3), Education Code, as |
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added by this Act. |
|
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SECTION 10. This Act applies beginning with the 2021-2022 |
|
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school year. |
|
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SECTION 11. 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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* * * * * |