Texas 2019 - 86th Regular

Texas House Bill HB2005 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1467 CAE-F
2	2	By: Leach H.B. No. 2005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing accelerated instruction and eliminating
8	8	certain requirements for public school grade-level promotion that
9	9	are based on satisfactory performance on state assessment
10	10	instruments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 28.0211, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
15	15	PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
16	16	INSTRUCTION.
17	17	SECTION 2. Section 28.0211, Education Code, is amended by
18	18	amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)
19	19	and adding Subsections (f-1) and (f-2) to read as follows:
20	20	(a) A district shall establish an accelerated learning
21	21	committee described by Subsection (c) for each student who does not
22	22	perform satisfactorily on:
23	23	(1) the third grade mathematics or reading assessment
24	24	instrument under Section 39.023;
25	25	(2) [Except as provided by Subsection (b) or (e), a
26	26	student may not be promoted to:
27	27	[(1) the sixth grade program to which the student
28	28	would otherwise be assigned if the student does not perform
29	29	satisfactorily on] the fifth grade mathematics or [and] reading
30	30	assessment instrument [instruments] under Section 39.023; or
31	31	(3) [(2) the ninth grade program to which the student
32	32	would otherwise be assigned if the student does not perform
33	33	satisfactorily on] the eighth grade mathematics or [and] reading
34	34	assessment instrument [instruments] under Section 39.023.
35	35	(a-1) Each time a student fails to perform satisfactorily on
36	36	an assessment instrument administered under Section 39.023(a) in
37	37	the third, fourth, fifth, sixth, seventh, or eighth grade, the
38	38	school district in which the student attends school shall provide
39	39	to the student accelerated instruction in the applicable subject
40	40	area. Accelerated instruction may require participation of the
41	41	student before or after normal school hours, [and] may include
42	42	participation at times of the year outside normal school
43	43	operations, and may be provided to the student during the
44	44	subsequent school year.
45	45	(a-3) The commissioner shall provide guidelines to
46	46	districts on research-based best practices and effective
47	47	strategies that a district may use in developing an accelerated
48	48	instruction program. The commissioner may provide to districts
49	49	available resources concerning research-based best practices and
50	50	effective strategies that a district may use in developing an
51	51	accelerated instruction program.
52	52	(c) [Each time a student fails to perform satisfactorily on
53	53	an assessment instrument specified under Subsection (a), the school
54	54	district in which the student attends school shall provide to the
55	55	student accelerated instruction in the applicable subject area,
56	56	including reading instruction for a student who fails to perform
57	57	satisfactorily on a reading assessment instrument.] After a
58	58	student fails to perform satisfactorily on an assessment instrument
59	59	specified under Subsection (a) [a second time], an accelerated
60	60	learning [a grade placement] committee shall be established [to
61	61	prescribe the accelerated instruction the district shall provide to
62	62	the student before the student is administered the assessment
63	63	instrument the third time]. The accelerated learning [grade
64	64	placement] committee shall be composed of the principal or the
65	65	principal's designee, the student's parent or guardian, and the
66	66	teacher of the subject of an assessment instrument on which the
67	67	student failed to perform satisfactorily. The district shall
68	68	notify the parent or guardian of the time and place for convening
69	69	the accelerated learning [grade placement] committee and the
70	70	purpose of the committee. [An accelerated instruction group
71	71	administered by a school district under this section may not have a
72	72	ratio of more than 10 students for each teacher.]
73	73	(f) An accelerated learning [A school district shall
74	74	provide to a student who, after three attempts, has failed to
75	75	perform satisfactorily on an assessment instrument specified under
76	76	Subsection (a) accelerated instruction during the next school year
77	77	as prescribed by an educational plan developed for the student by
78	78	the student's grade placement] committee described by [established
79	79	under] Subsection (c) shall:
80	80	(1) develop an educational plan for the student that
81	81	provides the necessary accelerated instruction for the student to
82	82	achieve appropriate grade level performance; and
83	83	(2) provide other assistance to the student in
84	84	accordance with a policy adopted by the district board of trustees
85	85	prescribing the role of accelerated learning committees in that
86	86	district. [The district shall provide that accelerated instruction
87	87	regardless of whether the student has been promoted or retained.]
88	88	(f-1) The educational plan developed under Subsection
89	89	(f)(1) must be designed to enable the student to perform at the
90	90	appropriate grade level by the conclusion of the subsequent school
91	91	year. During the school year, the student shall be monitored to
92	92	ensure that the student is progressing in accordance with the plan.
93	93	The district shall administer to the student the assessment
94	94	instrument for the grade level in which the student is placed at the
95	95	time the district regularly administers the assessment instruments
96	96	for that school year.
97	97	(f-2) If a student who fails to perform satisfactorily on an
98	98	assessment instrument specified under Subsection (a) fails in the
99	99	subsequent school year to perform satisfactorily on an assessment
100	100	instrument in the same subject, the superintendent of the district
101	101	or the superintendent's designee shall meet with the student's
102	102	accelerated learning committee to:
103	103	(1) identify the reason the student did not perform
104	104	satisfactorily; and
105	105	(2) determine, in order to ensure the student performs
106	106	satisfactorily on the assessment instrument at the next opportunity
107	107	for the student to be administered the assessment instrument,
108	108	whether:
109	109	(A) the educational plan developed for the
110	110	student under Subsection (f) must be modified to provide the
111	111	necessary accelerated instruction for that student; and
112	112	(B) any additional resources are required for
113	113	that student.
114	114	(i) The admission, review, and dismissal committee of a
115	115	student who participates in a district's special education program
116	116	under Subchapter A, Chapter 29, and who does not perform
117	117	satisfactorily on an assessment instrument specified under
118	118	Subsection (a) and administered under Section 39.023(a) or (b) must
119	119	meet before the student is administered the assessment instrument
120	120	for the second time. The committee shall determine[:
121	121	[(1)] the manner in which the student will participate
122	122	in an accelerated instruction program under this section[; and
123	123	[(2) whether the student will be promoted in
124	124	accordance with Subsection (i-1) or retained under this section].
125	125	(k) The commissioner shall adopt rules as necessary to
126	126	implement this section[, including rules concerning when school
127	127	districts shall administer assessment instruments required under
128	128	this section and which administration of the assessment instruments
129	129	will be used for purposes of Section 39.054].
130	130	(n) A student who fails to perform satisfactorily on an
131	131	assessment instrument specified under Subsection (a) and is
132	132	promoted to the next grade level [by a grade placement committee
133	133	under this section] must be assigned at that next grade level in
134	134	each subject in which the student failed to perform satisfactorily
135	135	on an assessment instrument specified under Subsection (a) to a
136	136	teacher who meets all state and federal qualifications to teach
137	137	that subject and grade.
138	138	SECTION 3. Section 39.301(c), Education Code, is amended to
139	139	read as follows:
140	140	(c) Indicators for reporting purposes must include:
141	141	(1) the percentage of graduating students who meet the
142	142	course requirements established by State Board of Education rule
143	143	for:
144	144	(A) the foundation high school program;
145	145	(B) the distinguished level of achievement under
146	146	the foundation high school program; and
147	147	(C) each endorsement described by Section
148	148	28.025(c-1);
149	149	(2) the results of the SAT, ACT, and certified
150	150	workforce training programs described by Chapter 311, Labor Code;
151	151	(3) for students who have failed to perform
152	152	satisfactorily, under each performance standard under Section
153	153	39.0241, on an assessment instrument required under Section
154	154	39.023(a) or (c), the performance of those students on subsequent
155	155	assessment instruments required under those sections, aggregated
156	156	by grade level and subject area;
157	157	(4) for each campus, the number of students,
158	158	disaggregated by major student subpopulations, that take courses
159	159	under the foundation high school program and take additional
160	160	courses to earn an endorsement under Section 28.025(c-1),
161	161	disaggregated by type of endorsement;
162	162	(5) the percentage of students, aggregated by grade
163	163	level, provided accelerated instruction under Section 28.0211
164	164	[28.0211(c)], the results of assessment instruments administered
165	165	under that section, [the percentage of students promoted through
166	166	the grade placement committee process under Section 28.0211,] the
167	167	subject of the assessment instrument on which each student failed
168	168	to perform satisfactorily under each performance standard under
169	169	Section 39.0241, and the performance of those students in the
170	170	subsequent school year [following that promotion] on the assessment
171	171	instruments required under Section 39.023;
172	172	(6) the percentage of students of limited English
173	173	proficiency exempted from the administration of an assessment
174	174	instrument under Sections 39.027(a)(1) and (2);
175	175	(7) the percentage of students in a special education
176	176	program under Subchapter A, Chapter 29, assessed through assessment
177	177	instruments developed or adopted under Section 39.023(b);
178	178	(8) the percentage of students who satisfy the college
179	179	readiness measure;
180	180	(9) the measure of progress toward dual language
181	181	proficiency under Section 39.034(b), for students of limited
182	182	English proficiency, as defined by Section 29.052;
183	183	(10) the percentage of students who are not
184	184	educationally disadvantaged;
185	185	(11) the percentage of students who enroll and begin
186	186	instruction at an institution of higher education in the school
187	187	year following high school graduation; and
188	188	(12) the percentage of students who successfully
189	189	complete the first year of instruction at an institution of higher
190	190	education without needing a developmental education course.
191	191	SECTION 4. Sections 28.0211(a-2), (b), (d), (e), (i-1), and
192	192	(i-2), Education Code, are repealed.
193	193	SECTION 5. This Act applies beginning with the 2019-2020
194	194	school year.
195	195	SECTION 6. This Act takes effect immediately if it receives
196	196	a vote of two-thirds of all the members elected to each house, as
197	197	provided by Section 39, Article III, Texas Constitution. If this
198	198	Act does not receive the vote necessary for immediate effect, this
199	199	Act takes effect September 1, 2019.