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A BILL TO BE ENTITLED
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AN ACT
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relating to providing high-quality tutoring services to public |
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school students, including the creation of the Texas Tutor Corps |
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program, the establishment of a COVID-19 learning loss and student |
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acceleration pilot program, and the use of the compensatory |
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education allotment for tutoring services programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 29, Education Code, is |
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amended by adding Section 29.0841 to read as follows: |
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Sec. 29.0841. TEXAS TUTOR CORPS PROGRAM. (a) In this |
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section: |
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(1) "Hard-to-staff school" means a high-need school |
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that has a high rate of teacher turnover or a large concentration of |
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teachers in their first or second year of teaching. |
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(2) "High-need school" has the meaning assigned by the |
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Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631). |
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(3) "Program" means the Texas Tutor Corps program |
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established under this section. |
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(b) The agency shall establish and administer a Texas Tutor |
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Corps program to develop and support a statewide network of tutors |
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and to provide grants to school districts and open-enrollment |
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charter schools that are hard-to-staff schools or high-need |
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schools, for the purpose of establishing local consortia, as |
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described by Subsection (e), to collaborate on the provision of |
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high-quality tutoring services for students enrolled at the |
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district or school. The program must: |
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(1) include time for planning and collaboration among |
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tutors; |
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(2) match tutors with students based on the tutor's |
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expertise in a particular subject area or grade level and the |
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student's subject area tutoring needs or grade level; |
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(3) include high-quality pre-service training and |
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ongoing professional support for tutors serving under the program; |
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(4) be facilitated by the local consortium established |
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by the district or school; |
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(5) provide compensation for tutors; and |
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(6) prioritize the recruitment and selection of |
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individuals enrolled in state-approved educator preparation |
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programs to serve as tutors. |
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(c) The following individuals may serve as tutors under the |
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program: |
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(1) certified and retired educators; |
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(2) paraprofessionals and teacher's aides; |
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(3) recent graduates of educator preparation |
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programs; and |
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(4) postsecondary students enrolled in educator |
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preparation programs. |
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(d) Tutoring services provided under the program must: |
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(1) be led by a tutor; |
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(2) be provided in a one-on-one or small group setting |
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with a ratio of not more than one tutor for every four students; |
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(3) occur in multiple sessions of sufficient length |
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each week to ensure adequate time for delivery of tutoring |
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services; |
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(4) be provided during the regular school day or |
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immediately before or after school and during school vacation |
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periods; and |
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(5) align with local standards and curriculum. |
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(e) For purposes of this section, a local consortium of |
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community partners: |
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(1) includes the following entities, one of which |
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serves as the lead entity of the consortium: |
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(A) an educator preparation program under |
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Section 21.0442; and |
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(B) one or more: |
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(i) school districts or district campuses; |
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(ii) open-enrollment charter schools or |
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charter school campuses; and |
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(iii) regional education service centers; |
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and |
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(2) may include: |
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(A) community-based organizations; |
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(B) agencies serving children and youth; |
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(C) institutions of higher education; |
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(D) educator organizations; |
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(E) organizations representing education |
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professionals; |
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(F) local governments and local governmental |
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entities; |
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(G) student organizations; and |
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(H) parent organizations. |
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(f) A school district or open-enrollment charter school |
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awarded a grant under this section may use the grant money to pay |
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for: |
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(1) training tutors and placing tutors at district or |
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school campuses; |
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(2) supporting tutors to work with small groups of |
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students; |
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(3) matching tutors with students and mentors; |
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(4) providing stipends to tutors and mentors; |
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(5) purchasing instructional materials and |
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connectivity resources, including Internet access and devices |
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capable of connecting to the Internet; |
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(6) providing transportation for students attending |
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the tutoring program; |
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(7) providing meals and snacks for students attending |
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the tutoring program; and |
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(8) providing facilities for conducting the tutoring |
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program. |
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(g) In awarding grants under this section, the |
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commissioner: |
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(1) must consider the quality of the tutoring proposed |
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to be provided; |
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(2) may leverage federal funding to pay for not more |
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than 50 percent of the costs under the program, including, to the |
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extent authorized by federal law, funds from the Temporary |
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Assistance for Needy Families program; |
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(3) must consider the amount of funds distributed to |
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the school district or open-enrollment charter school under Chapter |
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48; and |
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(4) must use any funds appropriated or otherwise |
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available for the purposes of this program. |
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(h) The commissioner may accept gifts, grants, or donations |
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from any public or private source for purposes of this section. |
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(i) Notwithstanding Subsection (b), the commissioner is |
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required to establish the program under this section only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the commissioner may, but is not required to, establish |
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the program under this section using other appropriations available |
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for that purpose. |
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SECTION 2. Section 25.085(d), Education Code, is amended to |
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read as follows: |
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(d) Unless specifically exempted by Section 25.086, a |
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student enrolled in a school district must attend: |
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(1) an extended-year program for which the student is |
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eligible that is provided by the district for students identified |
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as likely not to be promoted to the next grade level or tutorial |
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classes required by the district under Section 29.0841 [29.084]; |
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(2) an accelerated reading instruction program to |
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which the student is assigned under Section 28.006(g); |
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(3) an accelerated instruction program to which the |
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student is assigned under Section 28.0211; |
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(4) a basic skills program to which the student is |
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assigned under Section 29.086; or |
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(5) a summer program provided under Section 37.008(l) |
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or Section 37.021. |
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SECTION 3. Sections 29.088(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) Before providing a program under this section, the board |
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of trustees of a school district must adopt a policy for: |
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(1) determining student eligibility for participating |
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in the program that: |
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(A) prescribes the grade level or course a |
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student must be enrolled in to be eligible; and |
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(B) provides for considering teacher |
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recommendations in determining eligibility; |
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(2) ensuring that parents of or persons standing in |
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parental relation to eligible students are provided notice of the |
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program; |
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(3) ensuring that eligible students are encouraged to |
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attend the program; |
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(4) ensuring that the program is offered at one or more |
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locations in the district that are easily accessible to eligible |
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students; [and] |
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(5) measuring student progress on completion of the |
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program; and |
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(6) ensuring that all instruction, intervention, and |
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support is provided by an appropriately qualified educator or |
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person enrolled in an educator preparation program, including a |
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person participating in the Texas Tutor Corps program under Section |
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29.0841. |
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(c) The commissioner by rule shall: |
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(1) prescribe a procedure that a school district must |
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follow to apply for and receive funding for a program under this |
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section; |
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(2) adopt guidelines for determining which districts |
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receive funding if there is not sufficient funding for each |
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district that applies; |
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(3) require each district providing a program to |
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report student performance results to the commissioner within the |
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period and in the manner prescribed by the rule; [and] |
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(4) based on district reports under Subdivision (3) |
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and any required analysis and verification of those reports, |
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disseminate to each district in this state information concerning |
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instructional methods that have proved successful in improving |
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student performance in mathematics; and |
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(5) require each district providing a program under |
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this section to submit a description of the methods by which the |
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program will accelerate student learning, including whether the |
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district plans to implement a high-quality tutoring program. |
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SECTION 4. Sections 29.090(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) Before providing a program under this section, the board |
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of trustees of a school district must adopt a policy for: |
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(1) determining student eligibility for participating |
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in the program that: |
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(A) prescribes the grade level or course a |
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student must be enrolled in to be eligible; and |
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(B) provides for considering teacher |
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recommendations in determining eligibility; |
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(2) ensuring that parents of or persons standing in |
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parental relation to eligible students are provided notice of the |
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program; |
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(3) ensuring that eligible students are encouraged to |
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attend the program; |
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(4) ensuring that the program is offered at one or more |
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locations in the district that are easily accessible to eligible |
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students; [and] |
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(5) measuring student progress on completion of the |
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program; and |
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(6) ensuring that all instruction, intervention, and |
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support is provided by an appropriately qualified educator or |
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person enrolled in an educator preparation program, including a |
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person participating in the Texas Tutor Corps program under Section |
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29.0841. |
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(c) The commissioner by rule shall: |
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(1) prescribe a procedure that a school district must |
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follow to apply for and receive funding for a program under this |
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section; |
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(2) adopt guidelines for determining which districts |
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receive funding if there is not sufficient funding for each |
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district that applies; |
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(3) require each district providing a program to |
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report student performance results to the commissioner within the |
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period and in the manner prescribed by the rule; [and] |
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(4) based on district reports under Subdivision (3) |
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and any required analysis and verification of those reports, |
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disseminate to each district in this state information concerning |
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instructional methods that have proved successful in improving |
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student performance in science; and |
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(5) require each district providing a program under |
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this section to submit a description of the methods by which the |
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program will accelerate student learning, including whether the |
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district plans to implement a high-quality tutoring program. |
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SECTION 5. Section 29.091(c), Education Code, is amended to |
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read as follows: |
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(c) To be eligible to participate in the program, a school |
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district must: |
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(1) have an enrollment of students who are |
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educationally disadvantaged that is greater than 50 percent of |
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total district enrollment; |
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(2) apply to the commissioner in the manner and within |
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the time prescribed by commissioner rule; [and] |
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(3) provide as part of the application materials a |
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plan that is designed to achieve the purposes described by |
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Subsections (b)(1) through (5); and |
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(4) participate in a local consortium described under |
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Section 29.0841 that supports the Texas Tutor Corps program under |
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that section. |
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SECTION 6. Subchapter C, Chapter 29, Education Code, is |
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amended by adding Section 29.0941 to read as follows: |
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Sec. 29.0941. COVID-19 LEARNING LOSS AND STUDENT |
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ACCELERATION PILOT PROGRAM. (a) In this section, "pilot program" |
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means the COVID-19 learning loss and student acceleration pilot |
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program established under this section. |
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(b) The commissioner by rule shall establish a pilot program |
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under which, for the 2021-2022 and 2022-2023 school years, |
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participating school district or open-enrollment charter school |
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campuses may provide tutoring intervention to students using a |
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high-quality tutoring program that meets the criteria described by |
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29.0841(d) to address learning loss due to the disruption in public |
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education caused by the coronavirus disease (COVID-19) pandemic. |
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(c) A campus may apply to the commissioner to participate in |
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the pilot program. A campus that submits an application must |
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include with the application materials a summary of the campus's |
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proposed high-quality tutoring program to the commissioner for |
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approval. The commissioner shall prioritize campuses that are part |
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of an established local consortium described under Section 29.0841 |
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and providing tutoring services under the Texas Tutor Corps |
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program, including using tutors who are enrolled in state-approved |
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educator preparation programs. |
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(d) The commissioner shall adopt minimum criteria that a |
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program must meet to be selected for use by a participating campus. |
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The criteria must include principles and practices consistent with |
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best practices related to a scientific understanding of how |
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students learn. The commissioner may only approve a program for use |
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by a campus under the pilot program that meets the minimum criteria |
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established under this section. |
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(e) Not later than December 31, 2022, the agency, in |
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consultation with each vendor of a high-quality tutoring program |
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approved under Subsection (d) and each school district with which |
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the vendor contracts under this section, shall provide the |
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legislature with a report describing student progress under the |
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pilot program. |
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(f) The commissioner may accept gifts, grants, or donations |
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from any public or private source for purposes of this section. |
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(g) Notwithstanding Subsection (b), the commissioner is |
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required to establish the pilot program under this section only if |
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the legislature appropriates money specifically for that purpose. |
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If the legislature does not appropriate money specifically for that |
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purpose, the commissioner may, but is not required to, establish |
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the pilot program under this section using other appropriations |
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available for that purpose. |
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(h) The commissioner shall adopt rules necessary to |
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implement this section. |
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(i) This section expires September 1, 2023. |
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SECTION 7. (a) This section takes effect only if the Act of |
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the 87th Legislature, Regular Session, 2021, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Section 48.104(j-1), Education Code, is amended to read |
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as follows: |
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(j-1) In addition to other purposes for which funds |
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allocated under this section may be used, those funds may also be |
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used to: |
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(1) provide child-care services or assistance with |
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child-care expenses for students at risk of dropping out of school, |
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as described by Section 29.081(d)(1)(E) [29.081(d)(5)]; [or] |
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(2) pay the costs associated with services provided |
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through a life skills program in accordance with Sections |
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29.085(b)(1) and (3)-(7); or |
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(3) pay costs associated with tutoring services |
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provided under the Texas Tutor Corps program under Section 29.0841. |
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SECTION 8. (a) This section takes effect only if the Act of |
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the 87th Legislature, Regular Session, 2021, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Section 48.104(j-1), Education Code, is amended to read |
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as follows: |
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(j-1) In addition to other purposes for which funds |
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allocated under this section may be used, those funds may also be |
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used to: |
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(1) provide child-care services or assistance with |
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child-care expenses for students at risk of dropping out of school, |
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as described by Section 29.081(d)(5); [or] |
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(2) pay the costs associated with services provided |
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through a life skills program in accordance with Sections |
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29.085(b)(1) and (3)-(7); or |
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(3) pay costs associated with tutoring services |
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provided under the Texas Tutor Corps program under Section 29.0841. |
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SECTION 9. Sections 29.084 and 29.094, Education Code, are |
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repealed. |
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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. |