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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 and the |
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provision of accelerated instruction to students who fail to |
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achieve satisfactory performance on certain assessment |
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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. Sections 28.0211(a-1), (a-4), (g), and (i), |
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Education Code, are amended to read as follows: |
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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-4) If a district receives funding under Section 29.0881, |
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the Coronavirus Response and Relief Supplemental Appropriations |
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Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan |
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Act of 2021 (Pub. L. No. 117-2), then supplemental instruction |
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provided by a school 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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(g) This section does not preclude the retention at a grade |
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level, in accordance with state law or school district policy, of a |
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student who performs satisfactorily on an assessment instrument |
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specified under Subsection (a-1) [(a)]. |
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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-1) [(a)] 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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SECTION 3. Section 39.023, Education Code, is amended by |
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amending Subsections (a), (c), and (c-2) and adding Subsection (q) |
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to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, mathematics, [social |
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studies,] and science. Except as provided by Subsection (a-2), all |
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students, other than students assessed under Subsection (b) or (l) |
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or exempted under Section 39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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eight; |
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(2) reading, annually in grades three through eight; |
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(3) [social studies, in grade eight; |
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[(4)] science, in grades five and eight; and |
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(4) [(5)] any other subject and grade required by |
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federal law. |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in reading, mathematics, |
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and science only as necessary to comply with the Every Student |
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Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered |
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only as necessary to meet the minimum requirements of that Act |
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[Algebra I, biology, English I, English II, and United States |
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history. The Algebra I end-of-course assessment instrument must |
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be administered with the aid of technology, but may include one or |
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more parts that prohibit the use of technology. The English I and |
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English II end-of-course assessment instruments must each assess |
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essential knowledge and skills in both reading and writing and must |
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provide a single score]. A school district shall comply with State |
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Board of Education rules regarding administration of the assessment |
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instruments adopted under [listed in] this subsection. If a |
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student is in a special education program under Subchapter A, |
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Chapter 29, the student's admission, review, and dismissal |
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committee shall determine whether any allowable modification is |
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necessary in administering to the student an assessment instrument |
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required under this subsection. The State Board of Education shall |
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administer the assessment instruments. An end-of-course |
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assessment instrument may be administered in multiple parts over |
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more than one day. The State Board of Education shall adopt a |
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schedule for the administration of end-of-course assessment |
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instruments that complies with the requirements of Subsection |
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(c-3). |
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(c-2) The agency may adopt end-of-course assessment |
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instruments for courses for which end-of-course assessment |
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instruments are not adopted under [not listed in] Subsection |
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(c). A student's performance on an end-of-course assessment |
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instrument adopted under this subsection is not subject to the |
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performance requirements established under Subsection (c) or |
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Section 39.025. |
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(q) Notwithstanding any provision of this section or other |
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law, if changes made to the Every Student Succeeds Act (20 U.S.C. |
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Section 6301 et seq.) reduce the number or frequency of assessment |
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instruments required to be administered to students, the State |
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Board of Education shall adopt rules reducing the number or |
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frequency of assessment instruments administered to students under |
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state law, and the commissioner shall ensure that students are not |
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assessed in subject areas or in grades that are no longer required |
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to meet the minimum requirements of that Act. |
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SECTION 4. Section 39.025(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) A student enrolled in a college preparatory |
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mathematics or English language arts course under Section 28.014 |
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who satisfies the Texas Success Initiative (TSI) college readiness |
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benchmarks prescribed by the Texas Higher Education Coordinating |
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Board under Section 51.334 on an assessment instrument designated |
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by the coordinating board under that section administered at the |
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end of the college preparatory mathematics or English language arts |
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course satisfies the requirements concerning and is exempt from the |
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administration of the mathematics or reading [Algebra I or the |
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English I and English II] end-of-course assessment instrument |
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[instruments], as applicable, [as prescribed by Section |
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39.023(c),] even if the student did not perform satisfactorily on a |
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previous administration of the applicable end-of-course assessment |
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instrument. A student who fails to perform satisfactorily on the |
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assessment instrument designated by the coordinating board under |
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Section 51.334 administered as provided by this subsection may |
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retake that assessment instrument for purposes of this subsection |
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or may take the appropriate end-of-course assessment instrument. |
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SECTION 5. Section 39.203(c), Education Code, is amended to |
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read as follows: |
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(c) In addition to the distinction designations described |
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by Subsections (a) and (b), a campus that satisfies the criteria |
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developed under Section 39.204 shall be awarded a distinction |
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designation by the commissioner for outstanding performance in |
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academic achievement in reading [English language arts], |
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mathematics, or science[, or social studies]. |
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SECTION 6. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 28.0211(a), (a-5), (c), (f), (f-1), |
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(f-2), (f-3), (f-4), (f-5), (n), and (n-1); and |
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(2) Section 39.023(c-9). |
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SECTION 7. This Act applies beginning with the 2023-2024 |
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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. |