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A BILL TO BE ENTITLED
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AN ACT
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relating to providing accelerated instruction for 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. Section 28.0211, Education Code, as amended by |
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H.B. No. 4545, Acts of the 87th Legislature, Regular Session, 2021, |
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is amended by amending Subsections (a-1), (a-4), and (f-4) and |
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adding Subsection (q) to read as follows: |
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(a-1) Each time a student fails to perform satisfactorily on |
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a mathematics or reading [an] assessment instrument administered |
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under Section 39.023(a) in the third, fourth, fifth, sixth, |
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seventh, or eighth grade, the school district in which the student |
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attends school shall provide to the student accelerated instruction |
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in the applicable subject area during the subsequent summer or |
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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 10 [three] students, unless the parent or guardian |
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of 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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(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 on two subsequent consecutive |
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attempts, the superintendent of the district, or the |
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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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(q) The commissioner may waive for one year the requirements |
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under this section regarding accelerated learning committees and |
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accelerated instruction for a school district in which at least 60 |
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percent of the students who received accelerated instruction during |
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the school year preceding the previous school year performed |
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satisfactorily in the subsequent school year on the assessment |
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instrument in each subject in which the student previously failed |
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to perform satisfactorily. Not later than the beginning of each |
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school year, the commissioner shall publish a list of school |
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districts that qualify for a waiver under this subsection. |
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SECTION 2. This Act applies beginning with the 2022-2023 |
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school year. |
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SECTION 3. 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 on the 91st day after the last day of the |
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legislative session. |