88R22094 JES-F
 
  By: Dutton H.B. No. 2162
 
  Substitute the following for H.B. No. 2162:
 
  By:  Buckley C.S.H.B. No. 2162
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reading instruction, assessment instruments, and
  interventions provided to public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.044, Education Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  An educator preparation program may not include
  instruction in using the reading instruction method of
  three-cueing, as defined by Section 28.0062(a-1).
         SECTION 2.  Section 28.006, Education Code, is amended by
  amending Subsections (a), (b), (c-1), (c-3), (d), and (j) and
  adding Subsections (a-1), (b-2), (b-3), (g-3), (g-4), (g-5), and
  (g-6) to read as follows:
         (a)  The commissioner shall adopt procedures [develop
  recommendations] for school districts and open-enrollment charter
  schools for:
               (1)  administering reading instruments to:
                     (A)  ensure the validity and reliability of the
  results of the reading instruments;
                     (B)  diagnose student reading development and
  comprehension; and
                     (C)  identify students at risk for dyslexia or
  other reading difficulties;
               (2)  training educators in administering the reading
  instruments; and
               (3)  applying the results of the reading instruments to
  the instructional program and intervention practices.
         (a-1)  A school district or open-enrollment charter school
  may not administer a reading instrument to a student more than three
  times during a school year.
         (b)  The commissioner shall adopt a list of reading
  instruments that a school district or open-enrollment charter
  school shall [may] use to diagnose student reading development and
  comprehension for students in kindergarten through grade three.  
  The reading instrument must include the foundational literacy
  components of phonemic and phonological awareness, phonics,
  vocabulary, fluency, and comprehension.  For use in diagnosing the
  reading development and comprehension of kindergarten students,
  the commissioner shall adopt a multidimensional assessment tool
  that includes a reading instrument and tests at least three
  developmental skills, including foundational literacy components.  
  A multidimensional assessment tool administered as provided by this
  subsection is considered to be a reading instrument for purposes of
  this section.  [A district-level committee established under
  Subchapter F, Chapter 11, may adopt a list of reading instruments
  for use in the district in a grade level other than kindergarten in
  addition to the reading instruments on the commissioner's list.]  
  Each reading instrument adopted by the commissioner [or a
  district-level committee] must:
               (1)  be based on scientific research concerning reading
  skills development and reading comprehension;
               (2)  [.  A list of reading instruments adopted under
  this subsection must] provide for diagnosing the reading
  development and comprehension of students participating in a
  program under Subchapter B, Chapter 29;
               (3)  provide progress monitoring capabilities;
               (4)  provide a diagnostic tool to assist teachers in
  developing research-based targeted instruction;
               (5)  allow screening of students three times a year;
               (6)  assess only the foundational literacy components
  not already mastered by the student; and
               (7)  determine if a student needs reading instruction
  intervention.
         (b-2)  In adopting a reading instrument under this section,
  the commissioner shall prioritize selecting an instrument that:
               (1)  minimizes the impact of administration of the
  instrument on instructional time; 
               (2)  provides timely reporting of results; and
               (3)  is able to be integrated into reading instruction.
         (b-3)  The commissioner shall adopt a process for soliciting
  new reading instruments and updating the list of adopted reading
  instruments, including multidimensional assessment tools, for
  kindergarten through grade three under Subsection (b) at least once
  every four years.
         (c-1)  Each school district shall administer at the
  beginning of the seventh grade a reading instrument adopted by the
  commissioner to each student whose performance on the assessment
  instrument in reading administered under Section 39.023(a) to the
  student in grade six did not demonstrate reading proficiency, as
  determined by the commissioner.  The district shall administer the
  reading instrument in accordance with the commissioner's
  recommendations for administering reading instruments that
  diagnose student reading development and comprehension [under
  Subsection (a)(1)].
         (c-3)  The commissioner by rule shall determine the
  performance on each applicable [the] reading instrument adopted
  under Subsection (b) that indicates kindergarten readiness.
         (d)  The superintendent of each school district or the person
  who serves the function of superintendent in each open-enrollment
  charter school shall:
               (1)  report [to the commissioner and the board of
  trustees of the district] the results of the reading instruments
  to:
                     (A)  the board of trustees of a school district;
  or
                     (B)  the governing body of an open-enrollment
  charter school, as defined by Section 12.1012(3);
               (2)  not later than the 30th [60th] calendar day after
  the date on which a reading instrument was administered report, in
  writing, to a student's parent or guardian the student's results on
  the instrument and any additional information required by the
  agency; and
               (3)  report to the agency any information required by
  the agency, including the results of the reading instrument and
  [using the school readiness certification system provided to the
  school district in accordance with Section 29.161(e), report
  electronically] each student's raw score on the reading instrument
  [to the agency for use in the school readiness certification
  system].
         (g-3)  A school district or open-enrollment charter school
  shall provide reading intervention to each student in kindergarten
  through grade three who is determined to need reading intervention
  using an assessment administered in accordance with Subsection (b).  
  The school district shall continue to offer a student reading
  intervention until the student achieves satisfactory performance
  on a reading instrument.  A reading intervention program offered
  under this subsection must:
               (1)  include targeted instruction to improve the
  student's reading skills in the relevant areas identified through
  the assessment instrument;
               (2)  monitor the progress of the student's reading
  skills throughout the school year;
               (3)  be implemented during regular school hours and in
  addition to core instruction;
               (4)  use high-quality instructional materials,
  curricula, and curricular tools that are research based and
  effective for early childhood literacy intervention; and
               (5)  be provided by a teacher who has attended a
  literacy achievement academy provided under Section 21.4552.
         (g-4)  In providing reading intervention under Subsection
  (g-3), a school district or open-enrollment charter school may not
  remove a student, except under circumstances for which a student
  enrolled in the same grade level who is not receiving reading
  intervention would be removed, from:
               (1)  instruction in the foundation curriculum and
  enrichment curriculum adopted under Section 28.002 for the grade
  level in which the student is enrolled; or
               (2)  recess or other physical activity that is
  available to other students enrolled in the same grade level.
         (g-5)  In addition to the report required under Subsection
  (d)(2), a school district or open-enrollment charter school shall
  notify the parent or guardian of each student in kindergarten
  through grade three who is determined to need reading intervention.  
  The notification must:
               (1)  be distributed not later than the 30th day after
  the date the result of the reading instrument indicating that the
  student needs intervention is available;
               (2)  describe the current reading services the district
  or school provides to the student;
               (3)  describe the reading interventions that will be
  provided to the student to ensure the student will meet or exceed
  grade-level reading standards; and
               (4)  include high-quality resources for the parent or
  guardian of the student to use at home to help the student succeed
  at reading.
         (g-6)  From funds appropriated for teacher literacy
  achievement academies developed under Section 21.4552, the
  commissioner may, in collaboration with regional education service
  centers, provide assistance to school districts and
  open-enrollment charter schools in complying with the requirements
  of Section 28.0062. The commissioner shall prioritize providing
  assistance under this subsection in school districts with the
  highest rate of students performing below satisfactory levels on
  reading instruments administered under Subsection (b).
         (j)  [No more than 15 percent of the funds certified by the
  commissioner under Subsection (i) may be spent on indirect costs.]  
  The commissioner shall evaluate the programs that fail to meet the
  standard of performance under Section 39.301(c)(5) and may
  implement interventions or sanctions under Chapter 39A.  [The
  commissioner may audit the expenditures of funds appropriated for
  purposes of this section.  The use of the funds appropriated for
  purposes of this section shall be verified as part of the district
  audit under Section 44.008.]
         SECTION 3.  Section 28.0062, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In this subsection, "three-cueing" means any model,
  including the model referred to as meaning, structure, and visual
  cues (MSV), of teaching a student to read based on meaning,
  structure and syntax, and visual cues or memory. A school district
  or open-enrollment charter school may not include any instruction
  that incorporates three-cueing in the foundational skills reading
  curriculum for kindergarten through third grade.
         SECTION 4.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0063 to read as follows:
         Sec. 28.0063.  PRIVATE READING INSTRUCTION FOR CERTAIN
  STUDENTS. (a)  A school district or open-enrollment charter school
  shall make available a tutoring service provider to address a
  student's reading deficiency.  The district or school must make the
  service provider available to a parent or guardian of a student who
  is determined to need reading intervention using an assessment
  administered under Section 28.006 on each of the reading
  assessments administered for two consecutive school years.  The
  cost to a district or school for making available the tutoring
  service provider under this subsection may not exceed $1,000.
         (b)  A parent or guardian of a student described by
  Subsection (a) may select a tutoring service provider from a list of
  high-quality providers approved by the agency to address the
  student's reading deficiency.  The district or school shall
  contract directly with that service provider to pay the lesser of
  the cost of the service or $1,000 to provide tutoring services to
  the student.  The district or school may not provide money under
  this subsection directly to a parent or guardian of a student.
         (c)  A school district or open-enrollment charter school
  that provides a tutoring service to a student under this section
  shall continue to provide the student any other reading support
  required of the district or school.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 5.  Section 29.1543, Education Code, is amended to
  read as follows:
         Sec. 29.1543.  EARLY EDUCATION REPORTS.  The agency shall
  produce and make available to the public on the agency's Internet
  website annual district and campus-level reports containing
  information from the previous school year on early education in
  school districts and open-enrollment charter schools. A report
  under this section must contain:
               (1)  the information required by Section 29.1532(c) to
  be reported through the Public Education Information Management
  System (PEIMS);
               (2)  a description of any [the] diagnostic reading
  instruments administered as provided by Section 28.006 [in
  accordance with Section 28.006(c) or (c-2)];
               (3)  the number of students who were administered a
  diagnostic reading instrument administered as provided by Section
  28.006 [in accordance with Section 28.006(c) or (c-2)];
               (4)  the number of students whose scores from a
  diagnostic reading instrument administered as provided by Section
  28.006 [in accordance with Section 28.006(c) or (c-2)] indicate
  reading proficiency;
               (5)  the number of kindergarten students who were
  enrolled in a prekindergarten program in the previous school year
  in the same district or school as the district or school in which
  the student attends kindergarten;
               (6)  the number and percentage of students who perform
  satisfactorily on the third grade reading or mathematics assessment
  instrument administered under Section 39.023, disaggregated by
  whether the student was eligible for free prekindergarten under
  Section 29.153;
               (7)  the number of students described by Subdivision
  (6) who attended kindergarten in the district, disaggregated by:
                     (A)  whether the student met the kindergarten
  readiness standard on a [the] reading instrument adopted under
  Section 28.006;
                     (B)  whether the student attended prekindergarten
  in the district; and
                     (C)  the type of prekindergarten the student
  attended, if applicable; and
               (8)  the information described by Subdivisions (6) and
  (7) disaggregated by whether the student is educationally
  disadvantaged.
         SECTION 6.  Sections 28.006(c), (c-2), (i), and (k),
  Education Code, are repealed.
         SECTION 7.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.