Substitute the following for the Bernal Amendment to the amendment:

Amend Amendment No. 1 by Buckley to CSHB 2 by adding the following text to the amendment:

(1)  On page 9, line 26, strike "Section 28.0211(a-1), Education Code, is" and substitute "Sections 28.0211(a-1) and (a-4), Education Code, are".

(2)  On page 10, between lines 16 and 17, insert the following:

(a-4)  If a district receives funding under Section 29.0881 [or 48.104], 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 during the subsequent summer or school year:

(A)  to each student for no less than:

(i)  15 hours; or

(ii)  30 hours for a student whose performance on the applicable assessment instrument was significantly below satisfactory, as defined by commissioner rule; and

(B)  unless the instruction is provided to a student fully during summer, no less than once per week during the school year, except as otherwise provided by commissioner rule to account for school holidays or shortened school weeks;

(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 four 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.

(3)  On page 20, strike "$6,500" and substitute "$7,604" in each of the following places it appears:

(A)  line 23; and

(B)  line 25.

(4)  Strike page 24, line 10 through page 25, line 3.

(5)  On page 25, line 19, strike "Section 48.108(a), Education Code, is" and substitute "Sections 48.108(a) and (d), Education Code, are".

(6)  On page 26, between lines 1 and 2, insert the following:

(d)  A school district may receive funding for a student under this section and under Section [Sections 48.104 and] 48.105[, as applicable,] if the student satisfies the requirements of each applicable section.

(7)  On page 26, lines 24 through 26, strike "of the point value assigned to each student at a district campus under Subsection (e)" and substitute "daily attendance [of the point value assigned to each student] at a district campus [under Subsection (e)]".

(8)  On page 39, line 16, between "12.106(a-4)," and "and", insert "12.263(d), 29.044(b), 29.089(b), 29.918, 48.104, 48.1041, 48.109(e), 48.112(e), (f), and (j),".

(9)  On page 48, strike lines 22 through 25 and substitute the following:

(10)  On page 49, strike lines 1 through 6 and substitute "this section.".

(11)  On page 50, line 21, strike "48.104," and substitute "[48.104,]".

(12)  Add the following appropriately numbered SECTIONS to Article 1 of the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION 1.____.   Section 29.081(b-2), Education Code, is amended to read as follows:

(b-2)  A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds[, including funds under Section 48.104,] for that purpose.

SECTION 1.____.  Section 29.082(a), Education Code, is amended to read as follows:

(a)  A school district [may set aside an amount from the district's allotment under Section 48.104 or] may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:

(1)  kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or

(2)  grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.