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A BILL TO BE ENTITLED
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AN ACT
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relating to accelerated instruction provided to public school |
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students who fail to achieve satisfactory performance on certain |
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assessment instruments. |
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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;] |
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ACCELERATED 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), (a-4), (f), (f-1), |
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(f-2), (f-3), (h), (i), (j), and (n) and adding Subsections (a-7), |
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(a-8), (a-9), (a-10), (b), and (i-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) the fifth grade mathematics or reading assessment |
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instrument under Section 39.023; or |
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[(3) the eighth grade mathematics or reading |
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assessment instrument under Section 39.023. |
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[(a-1)] Each time a student fails to perform satisfactorily |
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on an assessment instrument administered under Section 39.023(a) or |
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(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or |
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on an end-of-course assessment instrument administered under |
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Section 39.023(c), other than an assessment instrument developed or |
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adopted based on alternative academic achievement standards, 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. |
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(a-1) Subject to Subsection (a-7), each time a student fails |
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to perform satisfactorily on an assessment instrument specified |
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under Subsection (a) that is a mathematics or reading assessment |
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instrument or the English I, English II, or Algebra I end-of-course |
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assessment instrument, the school district in which the student |
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attends school shall [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) [(a-1)] may require participation |
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of the student before or after normal school hours. |
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(a-3) In providing accelerated instruction under Subsection |
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(a) [(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) If a district receives funding under Section 29.0881 |
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or 48.104, the Coronavirus Response and Relief Supplemental |
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Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the |
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American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then |
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supplemental instruction provided by a school district under |
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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] |
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during the subsequent summer or school year: |
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(A) to each student for no less than 15 hours; and |
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(B) [,] unless the instruction is provided to a |
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student fully during summer, [include instruction] no less than |
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once per week during the school year, except as otherwise provided |
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by commissioner rule to account for school holidays or shortened |
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school weeks; |
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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 the following number of [three] students, unless the |
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parent or guardian of each student in the group authorizes a larger |
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group: |
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(A) for a student in a grade level below ninth |
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grade, five students; or |
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(B) for a student in ninth grade or above, ten |
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students; |
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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-7) The requirements under Subsection (a-1) do not apply |
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to a student who is retained at a grade level for the school year in |
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which those requirements would otherwise apply. |
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(a-8) A parent or guardian of a student to whom supplemental |
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instruction will be provided under Subsection (a-1)(2) and who |
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either was administered and failed to perform satisfactorily on an |
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assessment instrument described by Subsection (a) or was |
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administered a beginning-of-year assessment instrument aligned |
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with the essential knowledge and skills for the applicable subject |
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area may elect to reduce or remove a requirement for that |
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instruction under Subsection (a-4) or for the student's accelerated |
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education plan under Subsection (f), if applicable, by submitting a |
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written request to an administrator at the campus at which the |
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student is enrolled. A school district may not encourage or direct |
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a parent or guardian to make an election under this subsection that |
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would allow the district to not provide supplemental instruction to |
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the student. |
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(a-9) The agency shall approve an automated, computerized, |
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or other augmented method for providing supplemental instruction |
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under Subsection (a-1)(2) that may be used in lieu of some or all of |
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the individual or group instruction required under Subsection |
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(a-4)(6), as appropriate for the applicable grade level and subject |
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area and a student's academic deficiency. The agency may approve a |
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method under this subsection only if evidence indicates that the |
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method is more effective than the individual or group instruction |
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required under Subsection (a-4)(6). The commissioner shall adopt |
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rules regarding when a method approved under this subsection may be |
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used and the requirements under Subsection (a-4) for which the |
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method may be substituted. |
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(a-10) A school district that is required to provide to a |
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student accelerated instruction under Subsection (a) or |
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supplemental instruction under Subsection (a-1)(2) is not required |
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to provide additional instruction under either provision to the |
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student based on the student's failure to perform satisfactorily on |
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an assessment instrument administered as an optional assessment in |
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the same subject area in which the district is required to provide |
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the student the accelerated or supplemental instruction. |
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(b) For each student who does not perform satisfactorily on |
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an assessment instrument described by Subsection (a-1) for two or |
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more consecutive school years in the same subject area, the school |
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district the student attends shall develop an accelerated education |
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plan as described by Subsection (f). |
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(f) Not [An accelerated learning committee described by |
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Subsection (c) shall, not] later than the start of the subsequent |
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school year, a school district shall develop an accelerated |
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education [educational] plan for each [the] student to whom |
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Subsection (b) applies that provides the necessary accelerated |
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instruction to enable the student to perform at the appropriate |
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grade or course level by the conclusion of the school year. The |
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plan: |
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(1) must: |
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(A) identify the reason the student did not |
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perform satisfactorily on the applicable assessment instrument |
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described by Subsection (a-1); and |
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(B) notwithstanding Subsection (a-4)(3)(A), |
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require the student to be provided with no less than 30 hours, or a |
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greater number of hours if appropriate, of supplemental instruction |
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under Subsection (a-4) for each consecutive school year in which |
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the student does not perform satisfactorily on the assessment |
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instrument in the applicable subject area described by Subsection |
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(a-1); and |
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(2) may require that, as appropriate to ensure the |
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student performs satisfactorily on the assessment instrument in the |
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applicable subject area described by Subsection (a-1) at the next |
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administration of the assessment instrument: |
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(A) notwithstanding Subsection (a-4)(6), the |
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student be provided supplemental instruction under Subsection |
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(a-4) individually or in a group of fewer than the number of |
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students permitted under Subsection (a-4)(6); |
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(B) the district expand the times in which |
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supplemental instruction under Subsection (a-4) is available to the |
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student; |
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(C) the student be assigned for the school year |
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to a specific teacher who is better able to provide accelerated |
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instruction; and |
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(D) the district provide any necessary |
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additional resources to the student. |
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(f-1) The accelerated education [educational] plan under |
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Subsection (f) must be documented in writing, and a copy must be |
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provided to the student's 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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accelerated education plan developed under Subsection (f). [The |
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district shall administer to the student the assessment instrument |
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for the grade level in which the student is placed at the time the |
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district regularly administers the assessment instruments for that |
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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 accelerated education [educational] plan |
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developed under Subsection (f). |
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(h) In each instance under this section in which a school |
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district is specifically required to provide notice or a written |
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copy to a parent or guardian of a student, the district shall make a |
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good faith effort to ensure that such notice or copy is provided |
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either in person or by regular mail and that the notice or copy is |
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clear and easy to understand and is written in English or the parent |
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or guardian's native language. |
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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) shall, at the student's next annual review meeting, |
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review the student's participation and progress in, as applicable, |
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accelerated instruction provided under Subsection (a), |
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supplemental instruction provided under Subsection (a-1)(2), or an |
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accelerated education plan developed under Subsection (f). The |
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student's parent may request, or the district may schedule, an |
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additional committee meeting if a committee member believes that |
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the student's individualized education program needs to be modified |
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based on the requirements under this section. If the district |
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refuses to convene a committee meeting requested by the student's |
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parent under this subsection, the district shall provide the parent |
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with written notice explaining the reason the district refuses to |
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convene the meeting [and administered under Section 39.023(a) or |
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(b) must meet to determine the manner in which the student will |
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participate in an accelerated instruction program under this |
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section]. |
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(i-1) If a student who attends school in a homebound or |
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other off-campus instructional arrangement, including at a |
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residential treatment campus or state hospital, is unable to |
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participate in an accelerated instruction program required under |
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this section due to the student's condition, the school district |
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may determine that the student be provided the accelerated |
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instruction when the student attends school in an on-campus |
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instructional setting. If the student's condition prevents the |
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student from attending school in an on-campus instructional setting |
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for the school year during which the accelerated instruction is |
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required to be provided to the student, the district is not required |
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to provide the accelerated instruction to the student for that |
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school year. |
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(j) A school district or open-enrollment charter school |
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shall provide students required to attend accelerated programs |
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under this section with transportation to those programs if the |
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programs occur outside of regular school hours, unless the district |
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or school does not operate, or contract or agree with another entity |
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to operate, a transportation system. |
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(n) Except as requested under Subsection (a-5) or provided |
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by Subsection (n-1), a student for whom an accelerated education |
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plan must be developed [who fails to perform satisfactorily on an |
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assessment instrument specified] under Subsection (b) [(a) and is |
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promoted to the next grade level] must be assigned, in each [the |
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subsequent] school year and [in each] subject covered by the |
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accelerated education plan, [in which the student failed to perform |
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satisfactorily on an assessment instrument specified under |
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Subsection (a)] to an appropriately certified teacher who meets all |
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state and federal qualifications to teach that subject and grade. |
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SECTION 3. Section 29.0881(e), Education Code, is amended |
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to read as follows: |
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(e) A school district or open-enrollment charter school |
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that receives grant funds under this section may use the funds to: |
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(1) financially support or train or otherwise prepare |
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educators and other staff; |
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(2) pay for agreements with other entities to provide |
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prekindergarten services; or |
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(3) pay for accelerated instruction provided under |
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Section 28.0211 [or 28.0217]. |
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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 28.0211 [28.0217] in the |
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subject assessed by the assessment instrument. |
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SECTION 5. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 28.0211(c), (f-4), (f-5), (o), and (p); |
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and |
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(2) Section 28.0217. |
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SECTION 6. The changes in law made by this Act to Section |
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28.0211, Education Code, apply beginning with assessment |
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instruments administered during the 2023 spring semester. |
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SECTION 7. The repeal by this Act of Section 28.0217, |
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Education Code, applies beginning with the 2023-2024 school year. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |