Texas 2021 - 87th Regular

Texas House Bill HB4545 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4545
	1	+	By: Dutton (Senate Sponsor - Taylor) H.B. No. 4545
	2	+	(In the Senate - Received from the House May 14, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on
	4	+	Education; May 24, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 2; May 24, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the assessment of public school students, the
6	12		establishment of a strong foundations grant program, and providing
7	13		accelerated instruction for students who fail to achieve
8	14		satisfactory performance on certain assessment instruments.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. The heading to Section 28.0211, Education Code,
11	17		is amended to read as follows:
12	18		Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
13	19		PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
14	20		INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
15	21		SECTION 2. Section 28.0211, Education Code, is amended by
16	22		amending Subsections (a), (a-1), (a-2), (a-3), (c), (f), (i), (k),
17	23		and (n) and adding Subsections (a-4), (a-5), (a-6), (f-1), (f-2),
18	24		(f-3), (f-4), (f-5), and (n-1) to read as follows:
19	25		(a) A school district shall establish an accelerated
20	26		learning committee described by Subsection (c) for each student who
21	27		does not perform satisfactorily on:
22	28		(1) the third grade mathematics or reading assessment
23	29		instrument under Section 39.023;
24	30		(2) [Except as provided by Subsection (b) or (e), a
25	31		student may not be promoted to:
26	32		[(1) the sixth grade program to which the student
27	33		would otherwise be assigned if the student does not perform
28	34		satisfactorily on] the fifth grade mathematics or [and] reading
29	35		assessment instrument [instruments] under Section 39.023; or
30	36		(3) [(2) the ninth grade program to which the student
31	37		would otherwise be assigned if the student does not perform
32	38		satisfactorily on] the eighth grade mathematics or [and] reading
33	39		assessment instrument [instruments] under Section 39.023.
34	40		(a-1) Each time a student fails to perform satisfactorily on
35	41		an assessment instrument administered under Section 39.023(a) in
36	42		the third, fourth, fifth, sixth, seventh, or eighth grade, the
37	43		school district in which the student attends school shall provide
38	44		to the student accelerated instruction in the applicable subject
39	45		area during the subsequent summer or school year and either:
40	46		(1) allow the student to be assigned a classroom
41	47		teacher who is certified as a master, exemplary, or recognized
42	48		teacher under Section 21.3521 for the subsequent school year in the
43	49		applicable subject area; or
44	50		(2) provide the student supplemental instruction
45	51		under Subsection (a-4).
46	52		(a-2) Accelerated instruction provided during the following
47	53		school year under Subsection (a-1) may require participation of the
48	54		student before or after normal school hours [and may include
49	55		participation at times of the year outside normal school
50	56		operations].
51	57		(a-3) In providing accelerated instruction under Subsection
52	58		(a-1), a district may not remove a student, except under
53	59		circumstances for which a student enrolled in the same grade level
54	60		who is not receiving accelerated instruction would be removed,
55	61		from:
56	62		(1) instruction in the foundation curriculum and
57	63		enrichment curriculum adopted under Section 28.002 for the grade
58	64		level in which the student is enrolled; or
59	65		(2) recess or other physical activity that is
60	66		available to other students enrolled in the same grade level.
61	67		(a-4) If a district receives funding under Section 29.0881,
62	68		the Coronavirus Response and Relief Supplemental Appropriations
63	69		Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
64	70		Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
65	71		provided by a school district under Subsection (a-1)(2) must:
66	72		(1) include targeted instruction in the essential
67	73		knowledge and skills for the applicable grade levels and subject
68	74		area;
69	75		(2) be provided in addition to instruction normally
70	76		provided to students in the grade level in which the student is
71	77		enrolled;
72	78		(3) be provided for no less than 30 total hours during
73	79		the subsequent summer or school year and, unless the instruction is
74	80		provided fully during summer, include instruction no less than once
75	81		per week during the school year;
76	82		(4) be designed to assist the student in achieving
77	83		satisfactory performance in the applicable grade level and subject
78	84		area;
79	85		(5) include effective instructional materials
80	86		designed for supplemental instruction;
81	87		(6) be provided to a student individually or in a group
82	88		of no more than three students, unless the parent or guardian of
83	89		each student in the group authorizes a larger group;
84	90		(7) be provided by a person with training in the
85	91		applicable instructional materials for the supplemental
86	92		instruction and under the oversight of the school district; and
87	93		(8) to the extent possible, be provided by one person
88	94		for the entirety of the student's supplemental instruction period.
89		-	(a-5) ~~Each school district shall establish a process~~
90		-	~~allowing for~~ the ~~parent or guardian of~~ a student who fails to
	95	+	(a-5) If there is more than one classroom teacher available
	96	+	in the applicable subject area to which a student who fails to
91	97		perform satisfactorily on an assessment instrument specified under
92		-	Subsection (a) to make a request for district consideration that
93		-	the student be assigned to a particular classroom teacher in the
94		-	applicable subject area for the subsequent school year, if more
95		-	than one classroom teacher is available.
	98	+	Subsection (a) could be assigned for the subsequent school year,
	99	+	the student's parent or guardian may choose the teacher who will
	100	+	provide the applicable instruction to the student.
96	101		[(a-2) A student who fails to perform satisfactorily on an
97	102		assessment instrument specified under Subsection (a) and who is
98	103		promoted to the next grade level must complete accelerated
99	104		instruction required under Subsection (a-1) before placement in the
100	105		next grade level. A student who fails to complete required
101	106		accelerated instruction may not be promoted.]
102	107		(a-6) [(a-3)] The commissioner shall provide guidelines to
103	108		school districts on research-based best practices and effective
104	109		strategies that a district may use in developing an accelerated
105	110		instruction program and shall provide resources to districts to
106	111		assist in the provision of an accelerated instruction program.
107	112		(c) [Each time a student fails to perform satisfactorily on
108	113		an assessment instrument specified under Subsection (a), the school
109	114		district in which the student attends school shall provide to the
110	115		student accelerated instruction in the applicable subject area,
111	116		including reading instruction for a student who fails to perform
112	117		satisfactorily on a reading assessment instrument.] After a
113	118		student fails to perform satisfactorily on an assessment instrument
114	119		specified under Subsection (a), an accelerated learning [a second
115	120		time, a grade placement] committee shall be established [to
116	121		prescribe the accelerated instruction the district shall provide to
117	122		the student before the student is administered the assessment
118	123		instrument the third time]. The accelerated learning [grade
119	124		placement] committee shall be composed of the principal or the
120	125		principal's designee, the student's parent or guardian, and the
121	126		teacher of the subject of an assessment instrument on which the
122	127		student failed to perform satisfactorily. The district shall
123	128		notify the parent or guardian of the time and place for convening
124	129		the accelerated learning [grade placement] committee and the
125	130		purpose of the committee. [An accelerated instruction group
126	131		administered by a school district under this section may not have a
127	132		ratio of more than 10 students for each teacher.]
128	133		(f) An accelerated learning [A school district shall
129	134		provide to a student who, after three attempts, has failed to
130	135		perform satisfactorily on an assessment instrument specified under
131	136		Subsection (a) accelerated instruction during the next school year
132	137		as prescribed by an educational plan developed for the student by
133	138		the student's grade placement] committee described by [established
134	139		under] Subsection (c) shall, not later than the start of the
135	140		subsequent school year, develop an[. The district shall provide
136	141		that accelerated instruction regardless of whether the student has
137	142		been promoted or retained. The] educational plan for the student
138	143		that provides the necessary accelerated instruction [must be
139	144		designed] to enable the student to perform at the appropriate grade
140	145		level by the conclusion of the school year.
141	146		(f-1) The educational plan under Subsection (f) must be
142	147		documented in writing, and a copy must be provided to the student's
143	148		parent or guardian.
144	149		(f-2) During the school year, the student shall be monitored
145	150		to ensure that the student is progressing in accordance with the
146	151		plan developed under Subsection (f). The district shall administer
147	152		to the student the assessment instrument for the grade level in
148	153		which the student is placed at the time the district regularly
149	154		administers the assessment instruments for that school year.
150	155		(f-3) The board of trustees of each school district shall
151	156		adopt a policy consistent with the grievance procedure adopted
152	157		under Section 26.011 to allow a parent to contest the content or
153	158		implementation of an educational plan developed under Subsection
154	159		(f).
155	160		(f-4) If a student who fails to perform satisfactorily on an
156	161		assessment instrument specified under Subsection (a) fails in the
157	162		subsequent school year to perform satisfactorily on an assessment
158	163		instrument in the same subject, the superintendent of the district,
159	164		or the superintendent's designee, shall meet with the student's
160	165		accelerated learning committee to:
161	166		(1) identify the reason the student did not perform
162	167		satisfactorily; and
163	168		(2) determine, in order to ensure the student performs
164	169		satisfactorily on the assessment instrument at the next
165	170		administration of the assessment instrument, whether:
166	171		(A) the educational plan developed for the
167	172		student under Subsection (f) must be modified to provide the
168	173		necessary accelerated instruction for that student; and
169	174		(B) any additional resources are required for
170	175		that student.
171	176		(f-5) The superintendent's designee under Subsection (f-4):
172	177		(1) may be an employee of a regional education service
173	178		center; and
174	179		(2) may not be a person who served on the student's
175	180		accelerated learning committee.
176	181		(i) The admission, review, and dismissal committee of a
177	182		student who participates in a district's special education program
178	183		under Subchapter A, Chapter 29, and who does not perform
179	184		satisfactorily on an assessment instrument specified under
180	185		Subsection (a) and administered under Section 39.023(a) or (b) must
181	186		meet to [before the student is administered the assessment
182	187		instrument for the second time. The committee shall] determine[:
183	188		[(1)] the manner in which the student will participate
184	189		in an accelerated instruction program under this section[; and
185	190		[(2) whether the student will be promoted in
186	191		accordance with Subsection (i-1) or retained under this section].
187	192		(k) The commissioner may [shall] adopt rules as necessary to
188	193		implement this section[, including rules concerning when school
189	194		districts shall administer assessment instruments required under
190	195		this section and which administration of the assessment instruments
191	196		will be used for purposes of Section 39.054].
192	197		(n) Except as provided by Subsection (n-1), a [A] student
193	198		who fails to perform satisfactorily on an assessment instrument
194	199		specified under Subsection (a) and is promoted to the next grade
195	200		level [by a grade placement committee under this section] must be
196	201		assigned in the subsequent school year in each subject in which the
197	202		student failed to perform satisfactorily on an assessment
198	203		instrument specified under Subsection (a) to an appropriately
199	204		certified [a] teacher who meets all state and federal
200	205		qualifications to teach that subject and grade.
201	206		(n-1) In a manner consistent with federal law and
202	207		notwithstanding any other law, the commissioner may waive the
203	208		requirement under Subsection (n) regarding the assignment of a
204	209		student to an appropriately certified classroom teacher on the
205	210		request of a school district.
206	211		SECTION 3. Section 28.0217, Education Code, is amended to
207	212		read as follows:
208	213		Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
209	214		STUDENTS. (a) Each time a student fails to perform satisfactorily
210	215		on an assessment instrument administered under Section 39.023(c),
211	216		the school district in which the student attends school shall
212	217		provide to the student accelerated instruction in the applicable
213	218		subject area[, using funds appropriated for accelerated
214	219		instruction under Section 28.0211].
215	220		(b) Accelerated instruction provided under this section:
216	221		(1) may require participation of the student before or
217	222		after normal school hours and may include participation at times of
218	223		the year outside normal school operations; and
219	224		(2) must comply with the requirements for accelerated
220	225		instruction provided under Section 28.0211.
221	226		SECTION 4. Subchapter C, Chapter 29, Education Code, is
222	227		amended by adding Section 29.0881 to read as follows:
223	228		Sec. 29.0881. STRONG FOUNDATIONS GRANT PROGRAM. (a) The
224	229		commissioner shall establish and administer a strong foundations
225	230		grant program for campuses or a program at a campus serving students
226	231		enrolled in prekindergarten through grade five to implement a
227	232		rigorous school approach that combines high-quality instruction,
228	233		materials, and support structures.
229	234		(b) The commissioner shall adopt components that school
230	235		districts, open-enrollment charter schools, and campuses of the
231	236		districts or schools must implement under the strong foundations
232	237		grant program. The components must include:
233	238		(1) use of high-quality instructional materials,
234	239		curricula, and curricular tools;
235	240		(2) use of aligned diagnostic and formative
236	241		assessments;
237	242		(3) aligned professional supports;
238	243		(4) practices designed to ensure high-quality
239	244		supports for students with disabilities;
240	245		(5) evidence-based practices to increase and maintain
241	246		parental engagement; and
242	247		(6) measurement of fidelity of implementation of the
243	248		program.
244	249		(c) Grants provided under the strong foundations grant
245	250		program may be in the form of funds, in-kind resources, or both.
246	251		(d) The commissioner shall use funds appropriated, federal
247	252		funds, and other funds available for the strong foundations grant
248	253		program to assist school districts and open-enrollment charter
249	254		schools in implementing the program.
250	255		(e) A school district or open-enrollment charter school
251	256		that receives grant funds under this section may use the funds to:
252	257		(1) financially support or train or otherwise prepare
253	258		educators and other staff;
254	259		(2) pay for agreements with other entities to provide
255	260		prekindergarten services; or
256	261		(3) pay for accelerated instruction provided under
257	262		Section 28.0211 or 28.0217.
258	263		(f) The commissioner may accept gifts, grants, and
259	264		donations from any source, including private and nonprofit
260	265		organizations, for the program. A private or nonprofit
261	266		organization that contributes to the program may receive an award
262	267		under Section 7.113.
263	268		SECTION 5. Section 39.025(b-1), Education Code, is amended
264	269		to read as follows:
265	270		(b-1) A school district shall provide each student who fails
266	271		to perform satisfactorily as determined by the commissioner under
267	272		Section 39.0241(a) on an end-of-course assessment instrument with
268	273		accelerated instruction under Section 28.0217 in the subject
269	274		assessed by the assessment instrument.
270	275		SECTION 6. Section 39.301(c), Education Code, is amended to
271	276		read as follows:
272	277		(c) Indicators for reporting purposes must include:
273	278		(1) the percentage of graduating students who meet the
274	279		course requirements established by State Board of Education rule
275	280		for:
276	281		(A) the foundation high school program;
277	282		(B) the distinguished level of achievement under
278	283		the foundation high school program; and
279	284		(C) each endorsement described by Section
280	285		28.025(c-1);
281	286		(2) the results of the SAT, ACT, and certified
282	287		workforce training programs described by Chapter 311, Labor Code;
283	288		(3) for students who have failed to perform
284	289		satisfactorily, under each performance standard under Section
285	290		39.0241, on an assessment instrument required under Section
286	291		39.023(a) or (c), the performance of those students on subsequent
287	292		assessment instruments required under those sections, aggregated
288	293		by grade level and subject area;
289	294		(4) for each campus, the number of students,
290	295		disaggregated by major student subpopulations, that take courses
291	296		under the foundation high school program and take additional
292	297		courses to earn an endorsement under Section 28.025(c-1),
293	298		disaggregated by type of endorsement;
294	299		(5) the percentage of students, aggregated by grade
295	300		level, provided accelerated instruction under Section 28.0211
296	301		[28.0211(c)], the results of assessment instruments administered
297	302		under that section, [the percentage of students promoted through
298	303		the grade placement committee process under Section 28.0211,] the
299	304		subject of the assessment instrument on which each student failed
300	305		to perform satisfactorily under each performance standard under
301	306		Section 39.0241, and the performance of those students in the
302	307		subsequent school year [following that promotion] on the assessment
303	308		instruments required under Section 39.023;
304	309		(6) the percentage of students of limited English
305	310		proficiency exempted from the administration of an assessment
306	311		instrument under Sections 39.027(a)(1) and (2);
307	312		(7) the percentage of students in a special education
308	313		program under Subchapter A, Chapter 29, assessed through assessment
309	314		instruments developed or adopted under Section 39.023(b);
310	315		(8) the percentage of students who satisfy the college
311	316		readiness measure;
312	317		(9) the measure of progress toward dual language
313	318		proficiency under Section 39.034(b), for students of limited
314	319		English proficiency, as defined by Section 29.052;
315	320		(10) the percentage of students who are not
316	321		educationally disadvantaged;
317	322		(11) the percentage of students who enroll and begin
318	323		instruction at an institution of higher education in the school
319	324		year following high school graduation; and
320	325		(12) the percentage of students who successfully
321	326		complete the first year of instruction at an institution of higher
322	327		education without needing a developmental education course.
323	328		SECTION 7. Section 39A.051(b), Education Code, is amended
324	329		to read as follows:
325	330		(b) For a campus described by Subsection (a), the
326	331		commissioner, to the extent the commissioner determines necessary,
327	332		may:
328	333		(1) order a hearing to be held before the commissioner
329	334		or the commissioner's designee at which the president of the board
330	335		of trustees of the school district, the district superintendent,
331	336		and the campus principal shall appear and explain the campus's low
332	337		performance, lack of improvement, and plans for improvement; [or]
333	338		(2) establish a school community partnership team
334	339		composed of members of the campus-level planning and
335	340		decision-making committee established under Section 11.251 and
336	341		additional community representatives as determined appropriate by
337	342		the commissioner;
338	343		(3) if applicable under Section 39A.064, require the
339	344		school district to comply with all requirements of the strong
340	345		foundations grant program under Section 29.0881 for the campus; or
341	346		(4) any combination of the actions described by
342	347		Subdivisions (1) through (3).
343	348		SECTION 8. Subchapter B, Chapter 39A, Education Code, is
344	349		amended by adding Section 39A.064 to read as follows:
345	350		Sec. 39A.064. STRONG FOUNDATIONS INTERVENTION FOR CERTAIN
346	351		CAMPUSES. (a) Notwithstanding Section 39A.0545(b) or any other
347	352		law, the commissioner may require a school district or
348	353		open-enrollment charter school to comply with all requirements of
349	354		the strong foundations grant program under Section 29.0881 at a
350	355		campus that:
351	356		(1) includes students at any grade level from
352	357		prekindergarten through fifth grade;
353	358		(2) is assigned an overall performance rating of D or
354	359		F; and
355	360		(3) is in the bottom five percent of campuses in the
356	361		state based on student performance on the grade three reading
357	362		assessment administered under Section 39.023(a) during the
358	363		previous school year, as determined by the commissioner.
359	364		(b) If funds are appropriated for the purpose, the
360	365		commissioner shall award a grant under Section 29.0881 to any
361	366		campus required to implement the requirements of the program under
362	367		this section.
363	368		(c) The commissioner shall adopt rules to determine whether
364	369		a school district or open-enrollment charter school is complying
365	370		adequately with the requirements under this section.
366	371		SECTION 9. Section 51.338(d), Education Code, is amended to
367	372		read as follows:
368	373		(d) A student who has demonstrated the performance standard
369	374		for college readiness as provided by Section 28.008 on the
370	375		postsecondary readiness assessment instruments adopted under
371	376		Section 39.0238 for Algebra II and English III, as that section
372	377		existed before repeal by H.B. 4545, Acts of the 87th Legislature,
373	378		Regular Session, 2021, is exempt from the requirements of this
374	379		subchapter with respect to those content areas. The commissioner
375	380		of higher education by rule shall establish the period for which an
376	381		exemption under this subsection is valid.
377	382		SECTION 10. The following provisions of the Education Code
378	383		are repealed:
379	384		(1) Sections 28.0211(b), (d), (e), (i-1), (i-2), (m),
380	385		and (m-1);
381	386		(2) Section 39.0231; and
382	387		(3) Section 39.0238.
383	388		SECTION 11. As soon as practicable after the effective date
384	389		of this Act, the board of trustees of a school district shall adopt
385	390		a policy as required by Section 28.0211(f-3), Education Code, as
386	391		added by this Act.
387	392		SECTION 12. This Act applies beginning with the 2021-2022
388	393		school year.
389	394		SECTION 13. This Act takes effect immediately if it
390	395		receives a vote of two-thirds of all the members elected to each
391	396		house, as provided by Section 39, Article III, Texas Constitution.
392	397		If this Act does not receive the vote necessary for immediate
393	398		effect, this Act takes effect September 1, 2021.
394		-	______________________________ ______________________________
395		-	President of the Senate Speaker of the House
396		-	I certify that H.B. No. 4545 was passed by the House on May
397		-	13, 2021, by the following vote: Yeas 82, Nays 63, 1 present, not
398		-	voting; and that the House concurred in Senate amendments to H.B.
399		-	No. 4545 on May 28, 2021, by the following vote: Yeas 104, Nays 41,
400		-	2 present, not voting.
401		-	______________________________
402		-	Chief Clerk of the House
403		-	I certify that H.B. No. 4545 was passed by the Senate, with
404		-	amendments, on May 27, 2021, by the following vote: Yeas 24, Nays
405		-	7.
406		-	______________________________
407		-	Secretary of the Senate
408		-	APPROVED: __________________
409		-	Date
410		-	__________________
411		-	Governor
	399	+	* * * * *