By: Dutton, et al. (Senate Sponsor - Creighton) H.B. No. 123
         (In the Senate - Received from the House May 8, 2025;
  May 16, 2025, read first time and referred to Committee on
  Education K-16; May 27, 2025, reported favorably by the following
  vote:  Yeas 11, Nays 0; May 27, 2025, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to measures to support kindergarten readiness and early
  literacy and numeracy skills for public school students and to
  funding to support those measures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104(b), Education Code, is amended to
  read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading and mathematics instruments and
  reading interventions [accelerated reading instruction programs]
  under Sections [Section] 28.006, 28.0063, and 28.0064;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
  25.001;
                     (V)  school safety requirements under Sections
  37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
  37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
  37.2071 and Subchapter J, Chapter 37;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; and
                     (Y)  parental options to retain a student under
  Section 28.02124.
         SECTION 2.  The heading to Section 21.4552, Education Code,
  is amended to read as follows:
         Sec. 21.4552.  TEACHER LITERACY ACHIEVEMENT AND READING
  INTERVENTION ACADEMIES.
         SECTION 3.  Section 21.4552, Education Code, is amended by
  amending Subsections (b) and (d) and adding Subsections (d-1), (g),
  (h), and (i) to read as follows:
         (b)  A literacy achievement academy developed under this
  section:
               (1)  for teachers who provide reading instruction to
  students at the kindergarten or first, second, or third grade
  level:
                     (A)  must include training in:
                           (i)  effective and systematic instructional
  practices in reading, including phonemic awareness, phonics,
  fluency, vocabulary, and comprehension; and
                           (ii)  the use of empirically validated
  instructional methods that are appropriate for struggling readers;
  and
                     (B)  may include training in effective
  instructional practices in writing;
               (2)  for teachers who provide reading instruction to
  students at the fourth or fifth grade level:
                     (A)  must include effective instructional
  practices that promote student development of reading
  comprehension and inferential and critical thinking;
                     (B)  must provide training in the use of
  empirically validated instructional methods that are appropriate
  for struggling readers; and
                     (C)  may include material on writing instruction;
               (3)  for teachers who provide reading instruction to
  students at the sixth, seventh, or eighth grade level, must include
  training in:
                     (A)  strategies to be implemented in English
  language arts and other subject areas for multisyllable word
  reading, vocabulary development, and comprehension of expository
  and narrative text;
                     (B)  an adaptation framework that enables
  teachers to respond to differing student strengths and needs,
  including adaptations for students of limited English proficiency
  or students receiving special education services under Subchapter
  A, Chapter 29;
                     (C)  collaborative strategies to increase active
  student involvement and motivation to read; and
                     (D)  other areas identified by the commissioner as
  essential components of reading instruction; and
               (4)  [for teachers who provide reading instruction to
  students at the seventh or eighth grade level, must include
  training in:
                     [(A)  administration of the reading instrument
  required by Section 28.006(c-1); and
                     [(B)  interpretation of the results of the reading
  instrument required by Section 28.006(c-1) and strategies, based on
  scientific research regarding effective reading instruction, for
  long-term intensive intervention to target identified student
  needs in word recognition, vocabulary, fluency, and comprehension;
  and
               [(5)]  for teachers who provide instruction in
  mathematics, science, or social studies to students at the sixth,
  seventh, or eighth grade level, must include training in:
                     (A)  strategies for incorporating reading
  instruction into the curriculum for the subject area taught by the
  teacher; and
                     (B)  other areas identified by the commissioner.
         (d)  Except as provided by Subsection (d-1), from funds
  provided under Section 48.108 or other available [From] funds
  [appropriated for that purpose], a classroom teacher who provides
  instruction to students in kindergarten through third grade and
  completes [attends] a literacy achievement academy is entitled to
  receive a stipend from the school district in the amount determined
  by the commissioner. From funds appropriated for that purpose, a
  district may provide a stipend to a classroom teacher who provides
  instruction to students in a grade level above third grade. A
  stipend received under this subsection is not considered in
  determining whether a school district is paying the classroom
  teacher the minimum monthly salary under Section 21.402.
         (d-1)  A school district is not required to provide a stipend
  under Subsection (d) to a classroom teacher if the teacher:
               (1)  attends the literacy achievement academy as part
  of an educator preparation program in which the teacher is
  enrolled;
               (2)  attends the literacy achievement academy on a day
  or during hours of service included in the term of the teacher's
  contract; or
               (3)  is not directed or approved by the school district
  at which the teacher is employed to attend the literacy achievement
  academy.
         (g)  The agency shall develop a method for evaluating a
  literacy achievement academy to determine the effectiveness of the
  academy, including whether the academy improves teaching practices
  and student literacy proficiency.  A school district or
  open-enrollment charter school shall provide any information
  requested by the agency for purposes of evaluating literacy
  achievement academies under this subsection.
         (h)  In addition to the literacy achievement academies
  developed under Subsection (a), the commissioner shall develop and
  make available reading intervention academies for teachers or other
  professionals who provide reading interventions to students who
  require targeted instruction in foundational reading skills.
         (i)  The commissioner may establish an advisory board to
  assist the agency in fulfilling the agency's duties under this
  section.  Chapter 2110, Government Code, does not apply to an
  advisory board established under this subsection.
         SECTION 4.  The heading to Section 21.4553, Education Code,
  is amended to read as follows:
         Sec. 21.4553.  TEACHER MATHEMATICS ACHIEVEMENT AND
  INTERVENTIONIST ACADEMIES.
         SECTION 5.  Section 21.4553, Education Code, is amended by
  amending Subsection (d) and adding Subsections (d-1), (g), (h), and
  (i) to read as follows:
         (d)  Except as provided by Subsection (d-1), from funds
  provided under Section 48.108 or other available [From] funds
  [appropriated for that purpose], a classroom teacher who completes 
  [attends] a mathematics achievement academy is entitled to receive
  a stipend from the school district in the amount determined by the
  commissioner.  A stipend received under this subsection is not
  considered in determining whether a district is paying the
  classroom teacher the minimum monthly salary under Section 21.402.
         (d-1)  A school district is not required to provide a stipend
  under Subsection (d) to a classroom teacher if the teacher:
               (1)  attends the mathematics achievement academy as
  part of an educator preparation program in which the teacher is
  enrolled;
               (2)  attends the mathematics achievement academy on a
  day or during hours of service included in the term of the teacher's
  contract; or
               (3)  is not directed or approved by the school district
  at which the teacher is employed to attend the mathematics
  achievement academy.
         (g)  The agency shall develop a method for evaluating a
  mathematics achievement academy to determine the effectiveness of
  the academy, including whether the academy improves teaching
  practices and student math proficiency.  A school district or
  open-enrollment charter school shall provide any information
  requested by the agency for purposes of evaluating mathematics
  achievement academies under this subsection.
         (h)  In addition to the mathematics achievement academies
  developed under Subsection (a), the commissioner shall develop and
  make available mathematics interventionist academies for a teacher
  or other professional who provides mathematics interventions to
  students who require targeted instruction in foundational
  mathematics skills.
         (i)  The commissioner may establish an advisory board to
  assist the agency in fulfilling the agency's duties under this
  section.  Chapter 2110, Government Code, does not apply to an
  advisory board established under this subsection.
         SECTION 6.  Section 25.085(d), Education Code, is amended to
  read as follows:
         (d)  Unless specifically exempted by Section 25.086, a
  student enrolled in a school district must attend:
               (1)  an extended-year program for which the student is
  eligible that is provided by the district for students identified
  as likely not to be promoted to the next grade level or tutorial
  classes required by the district under Section 29.084;
               (2)  a reading intervention program [an accelerated
  reading instruction program] to which the student is assigned under
  Section 28.0064 [28.006(g)];
               (3)  an accelerated instruction program to which the
  student is assigned under Section 28.0211;
               (4)  a basic skills program to which the student is
  assigned under Section 29.086; or
               (5)  a summer program provided under Section 37.008(l)
  or Section 37.021.
         SECTION 7.  The heading to Section 28.006, Education Code,
  is amended to read as follows:
         Sec. 28.006.  KINDERGARTEN READING READINESS [DIAGNOSIS].
         SECTION 8.  Section 28.006, Education Code, is amended by
  amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and
  (h) and adding Subsections (n) and (o) to read as follows:
         (a)  The commissioner shall develop recommendations for
  school districts for:
               (1)  administering reading instruments to measure
  students' foundational literacy skills in [diagnose student]
  reading development and comprehension;
               (2)  training educators in administering the reading
  instruments; and
               (3)  applying the results of the reading instruments to
  the instructional program.
         (b)  The commissioner shall adopt a [list of] reading
  instrument [instruments] that a school district shall [may] use at
  the beginning of the school year to measure a kindergarten
  student's foundational literacy skills in [diagnose student]
  reading development and comprehension.  A reading instrument
  adopted under this subsection may include other developmental
  skills as part of [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
  literacy.  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].  A [Each] reading instrument adopted by
  the commissioner [or a district-level committee] must be based on
  scientific research concerning foundational literacy skills in
  reading [skills] development and [reading] comprehension and[.  A
  list of reading instruments adopted under this subsection must]
  provide for measuring [diagnosing] the foundational literacy
  skills in reading development and comprehension of students,
  including students participating in a program under Subchapter B,
  Chapter 29.
         (b-1)  The commissioner may approve not more than two [an]
  alternative reading instruments [instrument] for use in measuring 
  [diagnosing] the foundational literacy skills in reading
  development and comprehension of kindergarten students that
  complies with the requirements under Subsection (b).
         (c-2)  Not later than the 60th day after the beginning of the
  school year, each [Each] school district shall administer at the
  kindergarten level a reading instrument adopted by the commissioner
  under Subsection (b) or approved by the commissioner under
  Subsection (b-1).  The district shall administer the reading
  instrument in accordance with the commissioner's recommendations
  under Subsection (a)(1) and policies developed by commissioner
  rule.
         (c-3)  The commissioner by rule shall determine the
  performance on a [the] reading instrument adopted or approved under
  this section [Subsection (b)] that indicates kindergarten
  readiness.  Each reading instrument adopted or approved under this
  section must provide for the ability to compare the performance
  that indicates kindergarten readiness on that instrument with the
  performance that indicates kindergarten readiness on other
  instruments adopted or approved under this section.
         (d)  The superintendent of each school district shall:
               (1)  report to the commissioner and the board of
  trustees of the district the results of a [the] reading instrument
  administered to students under this section [instruments];
               (2)  not later than the 30th [60th] calendar day after
  the date on which the results of a reading instrument are available,
  [was administered] report, in writing or electronically, to a
  student's parent or guardian the student's results on the
  instrument; and
               (3)  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.
         (f)  The agency shall ensure [at least one] reading
  instruments adopted or approved [instrument for each grade level
  for which a reading instrument is required to be administered]
  under this section are [is] available to school districts at no
  cost.
         (h)  The school district shall make a good faith effort to
  ensure that the report [notice] required under Subsection (d)(2)
  [this section] is provided either in person or electronically [by
  regular mail] and that the report [notice] is clear and easy to
  understand and is written in English and in the parent or guardian's
  native language.
         (n)  The performance of students in kindergarten on a reading
  instrument adopted or approved under this section may not be
  considered for any purpose under Chapter 39 or 39A.
         (o)  Nothing in this section may be construed to circumvent
  or supplant federal or state law regarding a student who
  participates in a special education program under Subchapter A,
  Chapter 29, or a student who is suspected to have a disability and
  who may be eligible to participate in a special education program
  under that subchapter.
         SECTION 9.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071
  to read as follows:
         Sec. 28.0063.  EARLY LITERACY AND NUMERACY INSTRUMENTS. (a)  
  The commissioner shall adopt a list of reading and mathematics
  instruments approved or developed by the commissioner for use by
  school districts in kindergarten through grade three to measure
  students' foundational literacy skills in reading development and
  comprehension and foundational numeracy skills in mathematics.
         (b)  A reading or mathematics instrument adopted under
  Subsection (a) must:
               (1)  be based on scientific research concerning, as
  applicable:
                     (A)  foundational literacy skills in reading
  development and comprehension; or
                     (B)  foundational numeracy skills in mathematics;
               (2)  be capable of being administered at the beginning,
  middle, and end of the school year;
               (3)  be designed to assess the performance of students
  in, as applicable:
                     (A)  the foundational literacy skills components
  of the essential knowledge and skills adopted under Section 28.002
  for language arts; or
                     (B)  the foundational numeracy skills components
  of the essential knowledge and skills adopted under Section 28.002
  for mathematics;
               (4)  be capable of monitoring student progress in a
  manner that allows school district staff to identify specific
  foundational literacy or numeracy skills in need of targeted
  instruction;
               (5)  assess whether a student's skills identified as in
  need of targeted instruction indicate that the student is at risk,
  as determined by the commissioner, of not achieving satisfactory
  performance on the third grade reading or mathematics assessment
  administered under Section 39.023;
               (6)  for a reading instrument for students in
  kindergarten and first grade, include the applicable elements and
  criteria to serve as the required screenings for dyslexia and
  related disorders under Section 38.003; and
               (7)  for a reading instrument, allow a school district
  to generate a report regarding a student's reading progress that is
  clear and easy to understand that may be distributed to the
  student's parent in English, Spanish, or, to the extent
  practicable, any other language spoken by the parent.
         (c)  The commissioner shall:
               (1)  update the list of reading and mathematics
  instruments adopted under Subsection (a) not less than once every
  four years;
               (2)  ensure the list adopted under Subsection (a)
  includes multiple reading and mathematics instruments and
  instruments not developed by the commissioner;
               (3)  develop a process by which a school district may
  submit an instrument to the commissioner for approval; and
               (4)  make publicly available the criteria for the
  evaluation and approval of an instrument submitted to the
  commissioner.
         (d)  The instruments adopted or approved under this section
  shall be administered as follows:
               (1)  for kindergarten, at the middle and end of the
  school year;
               (2)  for first and second grade, at the beginning,
  middle, and end of the school year; and
               (3)  for third grade, at the beginning and middle of the
  school year.
         (e)  The commissioner shall align and determine
  comparability of the instruments administered under this section
  with the following instruments:
               (1)  an instrument adopted or approved under Section
  28.006 that is administered to a kindergarten student at the
  beginning of the school year; and
               (2)  a third grade assessment instrument adopted or
  developed under Section 39.023 that is administered at the end of
  the school year for a third grade student.
         (f)  If the commissioner determines that an interim
  assessment instrument adopted under Section 39.023(o) provides the
  same intended outcomes as an instrument adopted or approved under
  this section, the commissioner may substitute that interim
  assessment instrument for an instrument adopted or approved under
  this section.
         (g)  A school district shall administer to students in
  kindergarten through third grade a reading instrument and a
  mathematics instrument adopted under Subsection (a) in accordance
  with requirements and recommendations established by the
  commissioner under this section, including requirements or
  recommendations related to:
               (1)  administering the instruments;
               (2)  training staff on the instruments; and
               (3)  applying the results of the instruments to the
  district's instructional program.
         (h)  The superintendent of each school district shall:
               (1)  report to the commissioner and the board of
  trustees of the district the results of a reading or mathematics
  instrument administered to students under this section; and
               (2)  not later than the 30th calendar day after the date
  on which the results of a reading or mathematics instrument are
  available, report, in writing or electronically, to a student's
  parent or guardian: 
                     (A)  the student's results on the instrument; 
                     (B)  for a reading instrument, the report
  described by Subsection (b)(7); and 
                     (C)  if the student is determined to be at risk for
  dyslexia or a related disorder based on the results of the reading
  instrument, information regarding that determination.
         (i)  The agency shall establish a list of reading and
  mathematics instruments adopted under Subsection (a) for which the
  agency has negotiated a price.  A school district is not required to
  use a method provided by Section 44.031 to purchase an instrument on
  the list established under this subsection.
         (j)  A student's parent or guardian may submit a written
  request to the administrator of the campus at which the student is
  enrolled to opt the student out of the administration of a reading
  or mathematics instrument required under this section.  A school
  district may not encourage or direct a parent or guardian to submit
  a written request under this subsection.
         (k)  The commissioner shall adopt rules as necessary to
  implement this section.
         (l)  Section 2001.0045, Government Code, does not apply to a
  rule adopted under this section.
         (m)  The performance of students in kindergarten, first
  grade, or second grade on a reading or mathematics instrument
  adopted or approved under this section may not be considered for any
  purpose under Chapter 39 or 39A.
         (n)  A school district may comply with the requirements of
  Subsection (g) by administering a reading or mathematics instrument
  selected by the board of trustees of the school district that meets
  the requirements of Subsection (b) until the commissioner adopts
  the list of reading and mathematics instruments under Subsection
  (a).  This subsection expires September 1, 2029.
         Sec. 28.0064.  EARLY LITERACY INTERVENTION FOR CERTAIN
  STUDENTS. (a)  If a student's results on two consecutive reading
  instruments administered under Section 28.0063 indicate that the
  student is at risk, as determined by the commissioner, of not
  achieving satisfactory performance in foundational literacy, a
  school district shall, as soon as practicable following the receipt
  of the student's results, provide reading interventions to the
  student.
         (b)  Reading interventions provided under Subsection (a):
               (1)  must include targeted instruction in the
  foundational literacy skills identified as areas in need of
  targeted instruction by the reading instrument administered under
  Section 28.0063;
               (2)  must ensure that the student receives the
  interventions during a period and at a frequency sufficient to
  address the areas described by Subdivision (1);
               (3)  must include effective instructional materials
  designed for reading intervention;
               (4)  must be provided by a person:
                     (A)  with training in reading interventions and in
  the applicable instructional materials described by Subdivision
  (3); and
                     (B)  under the oversight of the school district;
               (5)  must, to the extent possible, be provided by one
  person for the entirety of the student's reading intervention
  period;
               (6)  may use automated, computerized, or other
  augmented methods to supplement the interventions and
  instructional materials provided to the student; and
               (7)  must meet any additional requirements adopted by
  the commissioner.
         (c)  A school district shall continue providing reading
  intervention to a student under this section until the earlier of
  the date on which:
               (1)  the student is no longer determined to be at risk,
  as determined by the commissioner, of not achieving satisfactory
  performance in foundational literacy on a reading instrument
  administered under Section 28.0063; or
               (2)  the student begins the fourth grade.
         (d)  In providing reading interventions under this section,
  a school district may not remove a student, except under
  circumstances for which a student enrolled in the same grade level
  who is not receiving reading interventions 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.
         (e)  The agency shall approve one or more products that use
  an automated, computerized, or other augmented method for providing
  reading interventions.  The agency may approve a product under this
  subsection only if evidence indicates that the product is effective
  at promoting mastery of foundational literacy skills.
         (f)  Subject to appropriation, the agency shall ensure that
  at least one product approved under Subsection (e) is available to
  school districts at no or reduced cost.
         (g)  A student's parent or guardian may submit a written
  request to the administrator of the campus at which the student is
  enrolled to opt the student out of all or part of a reading
  intervention requirement under Subsection (b).  A school district
  may not encourage or direct a parent or guardian to submit a written
  request under this subsection that would allow the district to not
  provide reading interventions to the student.
         (h)  A school district must provide to the parent or guardian
  of a student receiving reading interventions under this section the
  notice required under Section 26.0081(d).
         (i)  Nothing in this section may be construed to prevent or
  discourage reading interventions for a student whose results on a
  reading instrument administered under Section 28.0063 indicate
  that the student is at risk, as determined by the commissioner, of
  not achieving satisfactory performance in foundational literacy.
         (j)  Nothing in this section may be construed to circumvent
  or supplant federal or state law regarding a student who
  participates in a special education program under Subchapter A,
  Chapter 29, or a student who is suspected to have a disability and
  who may be eligible to participate in a special education program
  under that subchapter.
         (k)  The commissioner shall adopt rules as necessary to
  implement this section, including rules that define appropriate
  standards for implementing reading interventions that meet the
  requirements of Subsection (b).
         (l)  Section 2001.0045, Government Code, does not apply to a
  rule adopted under this section.
         (m)  A school district is not required to comply with the
  requirements of this section until the commissioner adopts a list
  of reading and mathematics instruments under Section 28.0063 and
  designates the first school year that districts must comply with
  this section.  This subsection expires September 1, 2029.
         Sec. 28.0065.  ADAPTIVE VOCABULARY ASSESSMENT PILOT
  PROGRAM. (a)  The agency shall develop and implement an adaptive
  vocabulary assessment pilot program to assess vocabulary
  development in students in kindergarten through third grade.
         (b)  The agency may develop an assessment under the pilot
  program to assess students in grades other than grades described by
  Subsection (a).
         (c)  Nothing in this section may be construed to circumvent
  or supplant federal or state law regarding a student who
  participates in a special education program under Subchapter A,
  Chapter 29, or a student who is suspected to have a disability and
  who may be eligible to participate in a special education program
  under that subchapter.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         Sec. 28.0071.  MATHEMATICS TRAINING FOR KINDERGARTEN
  THROUGH THIRD GRADE. (a)  Each school district and open-enrollment
  charter school shall ensure that:
               (1)  not later than the 2031-2032 school year, each
  classroom teacher that provides instruction in mathematics to
  students in kindergarten through third grade and each principal,
  assistant principal, mathematics instructional coach, and
  mathematics interventionist at a campus with one of those grade
  levels has attended a teacher mathematics achievement academy
  developed under Section 21.4553; and
               (2)  each classroom teacher and principal initially
  employed in a grade level or at a campus described by Subdivision
  (1) for the 2031-2032 school year or a subsequent school year has
  attended a teacher mathematics achievement academy developed under
  Section 21.4553 by the end of the teacher's or principal's first
  year of placement in that grade level or campus.
         (b)  The agency shall provide assistance to school districts
  and open-enrollment charter schools in complying with the
  requirements under this section.
         (c)  The agency shall:
               (1)  monitor the implementation of this section; and
               (2)  periodically report to the legislature on the
  implementation of this section and the effectiveness of this
  section in improving educational outcomes.
         (d)  The commissioner may adopt rules to implement this
  section.
         SECTION 10.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.02111 to read as follows:
         Sec. 28.02111.  FIRST THROUGH THIRD GRADE SUPPLEMENTARY
  SUPPORTS. (a) The commissioner shall establish and administer a
  program designed to help improve student proficiency in reading by
  providing a grant in an amount provided under Section 48.317
  through which the student's parent may purchase tutoring services
  from agency-approved providers to:
               (1)  a student at or below the third grade level who,
  beginning in the first grade, fails to perform satisfactorily on
  two or more assessment instruments administered to the student; and
               (2)  a student at or below the third grade level who
  fails to perform satisfactorily on two or more assessment
  instruments administered to the student after receiving the full
  extent of services available to the student under a grant provided
  under Subdivision (1), regardless of whether the student received
  the services and failed to perform satisfactorily on the assessment
  instruments during the same school year.
         (b)  Not later than the 30th day after the date a student
  receives a grant under Subsection (a), the student's parent must
  select the agency-approved provider from which the parent will
  purchase tutoring services or provide to the school district or
  open-enrollment charter school in which the student is enrolled
  written notice of the parent's decision to opt the student out of
  the supplementary supports under this section.  If the parent does
  not select a provider or provide notice opting the student out of
  the supplementary supports during the period described by this
  subsection, the district or school in which the student is enrolled
  may select the provider.
         (c)  The agency shall:
               (1)  maintain a system of online accounts under which
  each student described by Subsection (a) is assigned an account for
  the student's parent to access the grant described by Subsection
  (a); and
               (2)  implement the program in a manner that ensures:
                     (A)  ease of use for parents of students who are
  eligible for a grant under this section; and
                     (B)  fidelity of spending.
         (d)  A student may receive not more than one grant under
  Subsection (a)(1) and one grant under Subsection (a)(2), unless
  additional grants are provided for by appropriation.
         (e)  The agency may reserve from the total amount of money
  available for purposes of the program an amount, not to exceed five
  percent of the total amount, to cover the agency's cost of
  administering the program.
         (f)  A school district or open-enrollment charter school in
  which a third grade student who receives a grant under this section
  is enrolled remains subject to the requirements to provide
  accelerated instruction under Section 28.0211.
         (g)  A school district or open-enrollment charter school
  shall provide to the parent of a student described by Subsection (a)
  notice of the student's eligibility for a grant under this section,
  in a form and manner established by the agency.
         (h)  A decision by the commissioner regarding the program
  under this section is final and may not be appealed.
         (i)  The commissioner shall adopt rules as necessary to
  implement this section.
         SECTION 11.  Section 29.0031, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A school district shall notify the parent of a student
  identified with dyslexia or a related disorder of the Talking Book
  Program administered by the Texas State Library and Archives
  Commission and other available audio book services.
         SECTION 12.  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 the [diagnostic] reading
  instruments administered in accordance with Section 28.006(c-2)
  [28.006(c) or (c-2)];
               (3)  the number of students who were administered a
  [diagnostic] reading instrument administered in accordance with
  Section 28.006(c-2) [28.006(c) or (c-2)];
               (4)  the number of students whose scores from a
  [diagnostic] reading instrument administered in accordance with
  Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten
  readiness in 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 13.  Section 29.161(c), Education Code, is amended
  to read as follows:
         (c)  The system must:
               (1)  be reflective of research in the field of early
  childhood care and education;
               (2)  be well-grounded in the cognitive, social, and
  emotional development of young children;
               (3)  apply a common set of criteria to each program
  provider seeking certification, regardless of the type of program
  or source of program funding; and
               (4)  be capable of fulfilling the reporting and notice
  requirements of Section [Sections] 28.006(d) [and (g)].
         SECTION 14.  Section 29.167, Education Code, is amended by
  amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to
  read as follows:
         (b-1)  Notwithstanding Subsection (b), each teacher for a
  prekindergarten class provided by an entity with which a school
  district contracts to provide a prekindergarten program must:
               (1)  be certified under Subchapter B, Chapter 21, to
  teach prekindergarten or supervised by a person who meets the
  requirements under Subsection (b); [and]
               (2)  have one of the following qualifications:
                     (A)  at least two years' experience of teaching in
  a nationally accredited child care program or a Texas Rising Star
  Program and:
                           (i)  a Child Development Associate (CDA)
  credential or another early childhood education credential
  approved by the agency; or
                           (ii)  certification offered through a
  training center accredited by Association Montessori
  Internationale or through the Montessori Accreditation Council for
  Teacher Education; or
                     (B)  a qualification described by Subsection
  (b)(2)(A), (D), (E), or (F); and
               (3)  when appropriate, be appropriately certified or be
  supervised by a person who is appropriately certified to provide
  effective instruction to emergent bilingual students, as defined by
  Section 29.052, enrolled in the prekindergarten program.
         (b-3)  Subsections (b-1), [and] (b-2), and (b-4) and this
  subsection expire September 1, 2029.
         (b-4)  Subsections (b-1) and (b-2) apply to any
  prekindergarten class provided by an entity with which a school
  district contracts to provide a prekindergarten program under
  Section 29.153.
         SECTION 15.  Subchapter B-1, Chapter 31, Education Code, is
  amended by adding Section 31.0754 to read as follows:
         Sec. 31.0754.  COMMUNICATION REGARDING HIGH QUALITY
  INSTRUCTIONAL MATERIALS. (a) Notwithstanding Chapter 2113,
  Government Code, the commissioner may enter into contracts or
  agreements and engage in efforts to communicate information to
  parents, classroom teachers, school districts, and open-enrollment
  charter schools regarding the educational value, particularly the
  impact on reading and math achievement, of open education resource
  instructional materials made available under this subchapter,
  including activities to promote, market, and advertise the content
  included in and how to use those materials.
         (b)  The commissioner may use appropriated funds or funds
  appropriated for the development of open education resource
  instructional materials under this subchapter to pay for activities
  authorized under this section.
         SECTION 16.  Section 38.003, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The State Board of Education shall identify the
  necessary criteria and elements that provide for universal
  screening [Students enrolling in public schools in this state shall
  be screened or tested, as appropriate,] for dyslexia and related
  disorders for students [at appropriate times in accordance with a
  program approved by the State Board of Education.  The program must
  include screening at the end of the school year of each student] in
  kindergarten and [each student in the] first grade.
         (a-1)  The criteria and elements identified under Subsection
  (a) must be included in the reading instruments adopted or approved
  under Section 28.0063 and administered in accordance with the
  timelines established under that section.
         SECTION 17.  Section 39.333, Education Code, is amended to
  read as follows:
         Sec. 39.333.  REGIONAL AND DISTRICT LEVEL REPORT. As part of
  the comprehensive biennial report under Section 39.332, the agency
  shall submit a regional and district level report covering the
  preceding two school years and containing:
               (1)  a summary of school district compliance with the
  student/teacher ratios and class-size limitations prescribed by
  Sections 25.111 and 25.112, including:
                     (A)  the number of campuses and classes at each
  campus granted an exception from Section 25.112; and
                     (B)  for each campus granted an exception from
  Section 25.112, a statement of whether the campus has been awarded a
  distinction designation under Subchapter G or has been identified
  as an unacceptable campus under Chapter 39A;
               (2)  a summary of the exemptions and waivers granted to
  campuses and school districts under Section 7.056 or 39.232 and a
  review of the effectiveness of each campus or district following
  deregulation;
               (3)  an evaluation of the performance of the system of
  regional education service centers based on the indicators adopted
  under Section 8.101 and client satisfaction with services provided
  under Subchapter B, Chapter 8; and
               (4)  [an evaluation of accelerated instruction
  programs offered under Section 28.006, including an assessment of
  the quality of such programs and the performance of students
  enrolled in such programs; and
               [(5)]  the number of classes at each campus that are
  currently being taught by individuals who are not certified in the
  content areas of their respective classes.
         SECTION 18.  Subchapter A, Chapter 48, Education Code, is
  amended by adding Section 48.0052 to read as follows:
         Sec. 48.0052.  INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS
  FOR READING INTERVENTIONS. (a) The commissioner shall adjust the
  average daily attendance of a school district or open-enrollment
  charter school under Section 48.005 in the manner provided by
  Subsection (b) if the district or school:
               (1)  does not qualify for funding under Section
  48.0051;
               (2)  provides the minimum number of minutes of
  operational and instructional time required under Section 25.081
  and commissioner rules adopted under that section; and
               (3)  offers up to an additional 30 days of half-day
  instruction consisting of reading interventions described by
  Section 28.0064 for students who are required to be provided
  reading interventions under that section.
         (b)  For a school district or open-enrollment charter school
  described by Subsection (a), the commissioner shall increase the
  average daily attendance of the district or school under Section
  48.005 by 50 percent of the amount that results from the quotient of
  the sum of attendance by students described by Subsection (a)(3)
  for each of the additional instructional days of half-day
  instruction that are provided divided by 175.
         (c)  The agency shall assist school districts and
  open-enrollment charter schools in qualifying for the incentive
  under this section.
         (d)  The commissioner shall adopt rules necessary for the
  implementation of this section.
         SECTION 19.  Section 48.108, Education Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (a-1)
  to read as follows:
         (a)  For each student in average daily attendance in
  kindergarten through third grade, a school district is entitled to
  an annual allotment equal to the basic allotment multiplied by
  0.01.
         (a-1)  In addition to the allotment under Subsection (a), a
  school district is entitled to an annual allotment equal to the
  basic allotment multiplied by 0.1 for each student in average daily
  attendance in kindergarten through third grade who [0.1 if the
  student] is:
               (1)  educationally disadvantaged; or
               (2)  an emergent bilingual student, as defined by
  Section 29.052, and is in a bilingual education or special language
  program under Subchapter B, Chapter 29.
         (b)  Funds allocated under this section must be used to fund:
               (1)  the attendance of teachers employed by the
  district at teacher literacy achievement academies under Section
  21.4552 or teacher mathematics achievement academies under Section
  21.4553;
               (2)  prekindergarten programs under Subchapters E and
  E-1, Chapter 29; and
               (3)  programs and services designed to improve student
  performance in reading and mathematics in prekindergarten through
  third grade, including programs and services designed to assist the
  district in achieving the goals set in the district's early
  childhood literacy and mathematics proficiency plans adopted under
  Section 11.185.
         (c)  A school district is entitled to an allotment under each
  subdivision of Subsection (a-1) [(a)] for which a student
  qualifies.
         SECTION 20.  Subchapter C, Chapter 48, Education Code, is
  amended by adding Section 48.122 to read as follows:
         Sec. 48.122.  EARLY LITERACY INTERVENTION ALLOTMENT. (a)
  Except as provided by Subsections (b) and (c), for each enrolled
  student receiving reading interventions under Section 28.0064, a
  school district is entitled to an annual allotment of $250, or a
  greater amount provided by appropriation.
         (b)  A school district may not receive funding under this
  section for a student for which the district receives an allotment
  under Section 48.103.
         (c)  A school district may receive funding under this section
  for not more than 15 percent of students enrolled in the district in
  kindergarten through third grade.
         SECTION 21.  Subchapter G, Chapter 48, Education Code, is
  amended by adding Section 48.317 to read as follows:
         Sec. 48.317.  FIRST THROUGH THIRD GRADE SUPPLEMENTARY
  SUPPORTS GRANT; FUNDING ADJUSTMENT. (a) A student to whom the
  agency provides a grant under Section 28.02111(a)(1) or (2) is
  entitled to receive an amount of $400, or a greater amount provided
  by appropriation.
         (b)  A student may receive not more than one grant under
  Section 28.02111(a)(1) and one grant under Section 28.02111(a)(2),
  unless additional grants are provided for by appropriation.
         (c)  Subject to Subsection (e), beginning with the 2030-2031
  school year, the agency shall reduce the school district's
  entitlement under this chapter each school year by the amount
  calculated under Subsection (d) for each student who:
               (1)  fails to perform satisfactorily on a reading
  assessment instrument administered under Section 39.023 in the
  third grade;
               (2)  received and used a grant under Section 28.02111
  during the preceding school year; and
               (3)  was enrolled in the district from kindergarten
  through third grade.
         (d)  The amount calculated for a student for purposes of
  Subsection (c) is the difference between the total amount of grants
  received by the student under Section 28.02111 and the amount of
  money, if any, remaining in the account assigned to the student
  under that section at the end of third grade.
         (e)  For a student described by Subsection (c) who is
  eligible to participate in a school district's special education
  program under Section 29.003, the agency shall reduce the
  district's entitlement in accordance with Subsection (c) by $200
  for each grant the student received under Section 28.02111.
         (f)  Any money remaining in an account assigned to a student
  under Section 28.02111 at the end of third grade shall be returned
  for deposit in the foundation school fund.
         (g)  Notwithstanding Section 7.057, a determination by the
  commissioner under this section is final and may not be appealed.
         SECTION 22.  The following provisions of the Education Code
  are repealed:
               (1)  Section 7.058;
               (2)  Section 21.4552(f);
               (3)  Section 21.4553(f);
               (4)  Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),
  (j), and (k); and
               (5)  Section 28.007.
         SECTION 23.  Sections 12.104, 21.4552, 21.4553, 25.085,
  28.006, 29.1543, 29.167, and 39.333, Education Code, as amended by
  this Act, and Sections 28.0063, 28.0064, 28.0065, and 28.02111,
  Education Code, as added by this Act, apply beginning with the
  2025-2026 school year.
         SECTION 24.  (a) Section 48.108, Education Code, as amended
  by this Act, and Sections 48.0052, 48.122, and 48.317, Education
  Code, as added by this Act, take effect September 1, 2025.
         (b)  Except as provided by Subsection (a) of this section,
  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, 2025.
 
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