88R7206 JES-D
 
  By: Capriglione H.B. No. 2386
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to supplemental instruction provided for public school
  students who fail to achieve satisfactory performance on certain
  assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.0211, Education Code, is amended by
  amending Subsection (a-4) and adding Subsection (a-7) to read as
  follows:
         (a-4)  If a district receives funding under Section 29.0881,
  the Coronavirus Response and Relief Supplemental Appropriations
  Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
  Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
  provided by a school district under Subsection (a-1)(2) must:
               (1)  include targeted instruction in the essential
  knowledge and skills for the applicable grade levels and subject
  area;
               (2)  be provided in addition to instruction normally
  provided to students in the grade level in which the student is
  enrolled;
               (3)  be provided for not [no] less than 30 total hours
  and not more than 45 total hours during the subsequent summer or
  school year, regardless of whether the student fails to perform
  satisfactorily on more than one assessment instrument administered
  in the same grade level for which the student receives supplemental
  instruction, and, unless the instruction is provided fully during
  summer, include instruction no less than once per week during the
  school year;
               (4)  be designed to assist the student in achieving
  satisfactory performance in the applicable grade level and subject
  area;
               (5)  include effective instructional materials
  designed for supplemental instruction;
               (6)  be provided to a student individually or in a group
  of no more than three students, unless the parent or guardian of
  each student in the group authorizes a larger group;
               (7)  be provided by a person with training in the
  applicable instructional materials for the supplemental
  instruction and under the oversight of the school district; and
               (8)  to the extent possible, be provided by one person
  for the entirety of the student's supplemental instruction period.
         (a-7)  A school district may use virtual instruction to
  provide supplemental instruction under Subsection (a-1)(2).
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  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.