86R1467 CAE-F
By: Leach H.B. No. 2005
A BILL TO BE ENTITLED
AN ACT
relating to providing accelerated instruction and eliminating
certain requirements for public school grade-level promotion that
are based on satisfactory performance on state assessment
instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
INSTRUCTION.
SECTION 2. Section 28.0211, Education Code, is amended by
amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)
and adding Subsections (f-1) and (f-2) to read as follows:
(a) A district shall establish an accelerated learning
committee described by Subsection (c) for each student who does not
perform satisfactorily on:
(1) the third grade mathematics or reading assessment
instrument under Section 39.023;
(2) [Except as provided by Subsection (b) or (e), a
student may not be promoted to:
[(1) the sixth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on] the fifth grade mathematics or [and] reading
assessment instrument [instruments] under Section 39.023; or
(3) [(2) the ninth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on] the eighth grade mathematics or [and] reading
assessment instrument [instruments] under Section 39.023.
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) in
the third, fourth, fifth, sixth, seventh, or eighth grade, the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the
student before or after normal school hours, [and] may include
participation at times of the year outside normal school
operations, and may be provided to the student during the
subsequent school year.
(a-3) The commissioner shall provide guidelines to
districts on research-based best practices and effective
strategies that a district may use in developing an accelerated
instruction program. The commissioner may provide to districts
available resources concerning research-based best practices and
effective strategies that a district may use in developing an
accelerated instruction program.
(c) [Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument.] After a
student fails to perform satisfactorily on an assessment instrument
specified under Subsection (a) [a second time], an accelerated
learning [a grade placement] committee shall be established [to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time]. The accelerated learning [grade
placement] committee shall be composed of the principal or the
principal's designee, the student's parent or guardian, and the
teacher of the subject of an assessment instrument on which the
student failed to perform satisfactorily. The district shall
notify the parent or guardian of the time and place for convening
the accelerated learning [grade placement] committee and the
purpose of the committee. [An accelerated instruction group
administered by a school district under this section may not have a
ratio of more than 10 students for each teacher.]
(f) An accelerated learning [A school district shall
provide to a student who, after three attempts, has failed to
perform satisfactorily on an assessment instrument specified under
Subsection (a) accelerated instruction during the next school year
as prescribed by an educational plan developed for the student by
the student's grade placement] committee described by [established
under] Subsection (c) shall:
(1) develop an educational plan for the student that
provides the necessary accelerated instruction for the student to
achieve appropriate grade level performance; and
(2) provide other assistance to the student in
accordance with a policy adopted by the district board of trustees
prescribing the role of accelerated learning committees in that
district. [The district shall provide that accelerated instruction
regardless of whether the student has been promoted or retained.]
(f-1) The educational plan developed under Subsection
(f)(1) must be designed to enable the student to perform at the
appropriate grade level by the conclusion of the subsequent school
year. During the school year, the student shall be monitored to
ensure that the student is progressing in accordance with the plan.
The district shall administer to the student the assessment
instrument for the grade level in which the student is placed at the
time the district regularly administers the assessment instruments
for that school year.
(f-2) If a student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) fails in the
subsequent school year to perform satisfactorily on an assessment
instrument in the same subject, the superintendent of the district
or the superintendent's designee shall meet with the student's
accelerated learning committee to:
(1) identify the reason the student did not perform
satisfactorily; and
(2) determine, in order to ensure the student performs
satisfactorily on the assessment instrument at the next opportunity
for the student to be administered the assessment instrument,
whether:
(A) the educational plan developed for the
student under Subsection (f) must be modified to provide the
necessary accelerated instruction for that student; and
(B) any additional resources are required for
that student.
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A, Chapter 29, and who does not perform
satisfactorily on an assessment instrument specified under
Subsection (a) and administered under Section 39.023(a) or (b) must
meet before the student is administered the assessment instrument
for the second time. The committee shall determine[:
[(1)] the manner in which the student will participate
in an accelerated instruction program under this section[; and
[(2) whether the student will be promoted in
accordance with Subsection (i-1) or retained under this section].
(k) The commissioner shall adopt rules as necessary to
implement this section[, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.054].
(n) A student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) and is
promoted to the next grade level [by a grade placement committee
under this section] must be assigned at that next grade level in
each subject in which the student failed to perform satisfactorily
on an assessment instrument specified under Subsection (a) to a
teacher who meets all state and federal qualifications to teach
that subject and grade.
SECTION 3. Section 39.301(c), Education Code, is amended to
read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211
[28.0211(c)], the results of assessment instruments administered
under that section, [the percentage of students promoted through
the grade placement committee process under Section 28.0211,] the
subject of the assessment instrument on which each student failed
to perform satisfactorily under each performance standard under
Section 39.0241, and the performance of those students in the
subsequent school year [following that promotion] on the assessment
instruments required under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
SECTION 4. Sections 28.0211(a-2), (b), (d), (e), (i-1), and
(i-2), Education Code, are repealed.
SECTION 5. This Act applies beginning with the 2019-2020
school year.
SECTION 6. 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, 2019.