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