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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. Sections 28.0211(a), (a-1), (a-5), (c), (f-4), |
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(i), and (n), Education Code, are amended to read as follows: |
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(a) A school district shall establish an accelerated |
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learning committee described by Subsection (c) for each student who |
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for a second time 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 assessment |
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instrument under Section 39.023. |
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(a-1) If [Each time] a student fails to perform |
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satisfactorily on an assessment instrument administered under |
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Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or |
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eighth grade, the school district in which the student attends |
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school shall provide to the student one additional opportunity to |
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take the assessment instrument before the beginning of the |
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subsequent school year. If the student fails to perform |
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satisfactorily on the assessment instrument a second time, the |
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school district shall provide to the student accelerated |
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instruction in the applicable subject area during the subsequent |
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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-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) a second time to make a request for district |
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consideration that the student be assigned to a particular |
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classroom teacher in the applicable subject area for the subsequent |
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school year, if more than one classroom teacher is available. |
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(c) After a student fails to perform satisfactorily on an |
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assessment instrument specified under Subsection (a) a second time, |
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the school district in which the student attends school shall |
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establish an accelerated learning committee for the student [shall |
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be established]. The accelerated learning committee shall be |
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composed of the principal or the principal's designee, the |
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student's parent or guardian, and the teacher of the subject of an |
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assessment instrument on which the student failed to perform |
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satisfactorily. The district shall notify the parent or guardian |
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of the time and place for convening the accelerated learning |
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committee and the purpose of the committee. |
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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) a second time |
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fails in the subsequent school year to perform satisfactorily on an |
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assessment instrument in the same subject, the superintendent of |
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the district, or the superintendent's designee, shall meet with the |
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student's 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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(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) and administered under Section 39.023(a) or (b) a |
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second time must meet to determine the manner in which the student |
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will participate in an accelerated instruction program under this |
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section. |
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(n) Except as provided by Subsection (n-1), a student who |
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fails to perform satisfactorily on an assessment instrument |
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specified under Subsection (a) a second time and is promoted to the |
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next grade level must be assigned in the subsequent school year in |
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each subject in which the student failed to perform satisfactorily |
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on an assessment instrument specified under Subsection (a) a second |
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time to an appropriately certified teacher who meets all state and |
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federal qualifications to teach that subject and grade. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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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 September 1, 2023. |