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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-4), (a-5), (f), (f-1), (f-2), |
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(f-3), (g), (h), (i), (j), (k), and (n) and adding Subsections |
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(a-7), (a-8), (a-9), (a-10), (a-11), (a-12), (a-13), (a-14), (b), |
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(b-1), (i-1), (l), (q), and (r) to read as follows: |
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(a) To ensure that each student achieves at least |
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satisfactory performance on each assessment instrument |
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administered under Section 39.023, a [A] school district shall |
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ensure that the district's curricular and instructional systems |
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provide instruction to all students that: |
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(1) is consistently aligned with the essential |
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knowledge and skills for the applicable subject area and grade |
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level; and |
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(2) strategically and timely addresses deficiencies |
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in the prerequisite essential knowledge and skills for the |
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applicable subject area and grade level [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 on |
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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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an end-of-course assessment instrument administered under Section |
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39.023(c), other than an assessment instrument developed or adopted |
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based on alternative academic achievement standards, 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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during the subsequent summer or school year and, subject to |
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Subsections (a-7) and (a-8), 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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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: |
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(i) 15 hours; or |
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(ii) 30 hours for a student whose |
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performance on the applicable assessment instrument was |
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significantly below satisfactory, as defined by commissioner rule; |
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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 four [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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(a-5) Each school district shall establish a process |
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allowing for the parent or guardian of a student who fails to |
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perform satisfactorily on an assessment instrument specified under |
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Subsection (a-1) [(a)] to make a request for district consideration |
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that the student be assigned to a particular classroom teacher in |
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the applicable subject area for the subsequent school year, if more |
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than one classroom teacher is available. |
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(a-7) The requirements under Subsection (a-1)(1) or (2) do |
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not apply to a student who is retained at a grade level for the |
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school year in which those requirements would otherwise apply. |
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(a-8) A school district may not be required to provide |
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supplemental instruction under Subsection (a-1)(2) to a student in |
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more than two subject areas per school year. If the district would |
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otherwise be required to provide supplemental instruction to a |
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student in more than two subject areas for a school year, the |
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district shall prioritize providing supplemental instruction to |
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the student in mathematics and reading, or Algebra I, English I, or |
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English II, as applicable, for that school year. |
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(a-9) 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 specified under Subsection (a-1) 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, including a student to whom Subsection (b) applies, may elect |
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to modify or remove a requirement for that instruction under |
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Subsection (a-4) by submitting a written request to an |
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administrator of the campus at which the student is enrolled. A |
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school district may not encourage or direct a parent or guardian to |
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make an election under this subsection that would allow the |
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district to: |
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(1) not provide supplemental instruction to the |
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student; or |
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(2) provide supplemental instruction in a group larger |
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than authorized under Subsection (a-4)(6). |
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(a-10) A school district is not required to provide |
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accelerated instruction under Subsection (a-1) to a student who, |
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instead of being administered an assessment instrument specified |
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under Subsection (a-1), was administered a substitute assessment |
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instrument in accordance with other law or agency rule authorizing |
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the use of the substitute assessment instrument for purposes of |
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satisfying the requirements concerning the applicable assessment |
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instrument under Subsection (a-1). |
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(a-11) The agency shall approve one or more products that |
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use an automated, computerized, or other augmented method for |
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providing supplemental instruction under Subsection (a-1)(2) that |
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may be used in lieu of some or all of the individual or group |
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instruction required under Subsection (a-4)(6), as appropriate for |
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the applicable grade level and subject area and a student's |
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academic deficiency. The agency may approve a product under this |
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subsection only if evidence indicates that the product is more |
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effective than the individual or group instruction required under |
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Subsection (a-4)(6). The commissioner shall adopt rules regarding |
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when a product approved under this subsection may be used and the |
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requirements under Subsection (a-4) for which the product may be |
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substituted. |
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(a-12) For the purpose of providing accelerated instruction |
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or supplemental instruction under this section, a school district |
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may use a service provider that is not on a list of service |
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providers approved by the agency if the district can demonstrate to |
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the commissioner that use of the service provider results in |
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measurable improvement in student outcomes. |
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(a-13) A school district that is required to provide to a |
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student accelerated instruction under Subsection (a-1) 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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(a-14) A school district shall provide to the parent or |
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guardian of a student who fails to perform satisfactorily on an |
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assessment instrument specified under Subsection (a-1) notice that |
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the student is not performing on grade level in the applicable |
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subject area. Notwithstanding Subsection (h), the district must |
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provide the notice at a parent-teacher conference or, if the |
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district is unable to provide the notice at a parent-teacher |
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conference, by another means. The agency shall develop and provide |
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to school districts a model notice in plain language for use under |
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this section. |
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(b) For each student who does not perform satisfactorily on |
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an assessment instrument specified under Subsection (a-1) for two |
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or more consecutive school years in the same subject area, the |
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school district the student attends shall develop an accelerated |
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education plan as described by Subsection (f). |
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(b-1) A school district shall make a good faith attempt to |
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provide to the parent or guardian of a student to whom Subsection |
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(b) applies a parent-teacher conference with the student's primary |
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teacher at the start and end of the subsequent school year. At the |
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conference, the district shall provide the student's parent or |
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guardian with: |
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(1) the notice required under Subsection (a-14); and |
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(2) an explanation of: |
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(A) the accelerated instruction to which the |
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student is entitled under this section; and |
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(B) the accelerated education plan that must be |
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developed for the student under Subsection (f) and the manner in |
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which the parent or guardian may participate in developing the |
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plan. |
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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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specified under 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 specified under |
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Subsection (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 specified under Subsection (a-1) at the |
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next administration of the assessment instrument: |
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(A) 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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(B) 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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(C) 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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(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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(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-1) shall, at the student's next annual review |
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meeting, review the student's participation and progress in, as |
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applicable, 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 [(a) and administered under Section 39.023(a) |
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or (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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(k) The commissioner may adopt rules as necessary to |
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implement this section, including rules for required reporting |
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necessary to support student transfers. |
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(l) The agency shall monitor and evaluate the effectiveness |
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of the accelerated instruction required under this section. |
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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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(q) The commissioner may waive the requirements under this |
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section regarding accelerated instruction for a school district for |
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each school year in which at least 60 percent of the students who |
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received accelerated instruction during the school year |
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immediately preceding the previous school year, including at least |
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60 percent of students whose performance on the applicable |
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assessment instrument was significantly below satisfactory, as |
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defined by commissioner rule, performed satisfactorily in the |
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previous school year on the assessment instrument in each subject |
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in which the student previously failed to perform satisfactorily. |
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For purposes of determining whether a school district qualifies for |
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a waiver under this subsection, the commissioner shall: |
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(1) if a student received accelerated instruction in |
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more than one subject during the applicable school year, consider |
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the student's performance on the assessment instrument in each |
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subject separately from the student's performance on the assessment |
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instrument for each other subject; and |
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(2) by rule provide that a school district may not |
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qualify for a waiver if students who are receiving special |
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education services or are educationally disadvantaged are |
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overrepresented among the students in the district who received |
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accelerated instruction during the school year immediately |
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preceding the previous school year and did not perform |
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satisfactorily in the previous school year on the assessment |
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instrument in each applicable subject. |
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(r) Not later than the beginning of each school year, the |
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commissioner shall publish a list of school districts that qualify |
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for a waiver under Subsection (q). |
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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), and (f-5); 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. (a) Notwithstanding any other section of this |
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Act, in a state fiscal year, the Texas Education Agency is not |
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required to implement a provision found in another section of this |
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Act that is drafted as a mandatory provision imposing a duty on the |
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agency to take an action unless money is specifically appropriated |
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to the agency for that fiscal year to carry out that duty. The Texas |
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Education Agency may implement the provision in that fiscal year to |
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the extent other funding is available to the agency to do so. |
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(b) If, as authorized by Subsection (a) of this section, the |
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Texas Education Agency does not implement the mandatory provision |
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in a state fiscal year, the agency, in its legislative budget |
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request for the next state fiscal biennium, shall certify that fact |
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to the Legislative Budget Board and include a written estimate of |
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the costs of implementing the provision in each year of that next |
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state fiscal biennium. |
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(c) This section and the suspension of the Texas Education |
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Agency's duty to implement a mandatory provision of this Act, as |
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provided by Subsection (a) of this section, expires and the duty to |
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implement the mandatory provision resumes on September 1, 2027. |
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SECTION 9. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1416 was passed by the House on April |
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20, 2023, by the following vote: Yeas 144, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1416 on May 19, 2023, by the following vote: Yeas 141, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1416 was passed by the Senate, with |
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amendments, on May 16, 2023, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |