H.B. No. 4545
AN ACT
relating to the assessment of public school students, the
establishment of a strong foundations grant program, and providing
accelerated instruction for students who fail to achieve
satisfactory performance on certain 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; MODIFIED TEACHER ASSIGNMENT.
SECTION 2. Section 28.0211, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (c), (f), (i), (k),
and (n) and adding Subsections (a-4), (a-5), (a-6), (f-1), (f-2),
(f-3), (f-4), (f-5), and (n-1) to read as follows:
(a) A school 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 during the subsequent summer or school year and either:
(1) allow the student to be assigned a classroom
teacher who is certified as a master, exemplary, or recognized
teacher under Section 21.3521 for the subsequent school year in the
applicable subject area; or
(2) provide the student supplemental instruction
under Subsection (a-4).
(a-2) Accelerated instruction provided during the following
school year under Subsection (a-1) 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].
(a-3) In providing accelerated instruction under Subsection
(a-1), a district may not remove a student, except under
circumstances for which a student enrolled in the same grade level
who is not receiving accelerated instruction 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.
(a-4) If a district receives funding under Section 29.0881,
the Coronavirus Response and Relief Supplemental Appropriations
Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
provided by a school district under Subsection (a-1)(2) must:
(1) include targeted instruction in the essential
knowledge and skills for the applicable grade levels and subject
area;
(2) be provided in addition to instruction normally
provided to students in the grade level in which the student is
enrolled;
(3) be provided for no less than 30 total hours during
the subsequent summer or school year and, unless the instruction is
provided fully during summer, include instruction no less than once
per week during the school year;
(4) be designed to assist the student in achieving
satisfactory performance in the applicable grade level and subject
area;
(5) include effective instructional materials
designed for supplemental instruction;
(6) be provided to a student individually or in a group
of no more than three students, unless the parent or guardian of
each student in the group authorizes a larger group;
(7) be provided by a person with training in the
applicable instructional materials for the supplemental
instruction and under the oversight of the school district; and
(8) to the extent possible, be provided by one person
for the entirety of the student's supplemental instruction period.
(a-5) Each school district shall establish a process
allowing for the parent or guardian of a student who fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) to make a request for district consideration that
the student be assigned to a particular classroom teacher in the
applicable subject area for the subsequent school year, if more
than one classroom teacher is available.
[(a-2) A student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) and who is
promoted to the next grade level must complete accelerated
instruction required under Subsection (a-1) before placement in the
next grade level. A student who fails to complete required
accelerated instruction may not be promoted.]
(a-6) [(a-3)] The commissioner shall provide guidelines to
school districts on research-based best practices and effective
strategies that a district may use in developing an accelerated
instruction program and shall provide resources to districts to
assist in the provision of 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), an accelerated learning [a second
time, 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, not later than the start of the
subsequent school year, develop an[. The district shall provide
that accelerated instruction regardless of whether the student has
been promoted or retained. The] educational plan for the student
that provides the necessary accelerated instruction [must be
designed] to enable the student to perform at the appropriate grade
level by the conclusion of the school year.
(f-1) The educational plan under Subsection (f) must be
documented in writing, and a copy must be provided to the student's
parent or guardian.
(f-2) During the school year, the student shall be monitored
to ensure that the student is progressing in accordance with the
plan developed under Subsection (f). 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-3) The board of trustees of each school district shall
adopt a policy consistent with the grievance procedure adopted
under Section 26.011 to allow a parent to contest the content or
implementation of an educational plan developed under Subsection
(f).
(f-4) 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
administration of 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.
(f-5) The superintendent's designee under Subsection (f-4):
(1) may be an employee of a regional education service
center; and
(2) may not be a person who served on the student's
accelerated learning committee.
(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 to [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 may [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) Except as provided by Subsection (n-1), a [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 in the subsequent school year in each subject in which the
student failed to perform satisfactorily on an assessment
instrument specified under Subsection (a) to an appropriately
certified [a] teacher who meets all state and federal
qualifications to teach that subject and grade.
(n-1) In a manner consistent with federal law and
notwithstanding any other law, the commissioner may waive the
requirement under Subsection (n) regarding the assignment of a
student to an appropriately certified classroom teacher on the
request of a school district.
SECTION 3. Section 28.0217, Education Code, is amended to
read as follows:
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
STUDENTS. (a) Each time a student fails to perform satisfactorily
on an assessment instrument administered under Section 39.023(c),
the school district in which the student attends school shall
provide to the student accelerated instruction in the applicable
subject area[, using funds appropriated for accelerated
instruction under Section 28.0211].
(b) Accelerated instruction provided under this section:
(1) 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
(2) must comply with the requirements for accelerated
instruction provided under Section 28.0211.
SECTION 4. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0881 to read as follows:
Sec. 29.0881. STRONG FOUNDATIONS GRANT PROGRAM. (a) The
commissioner shall establish and administer a strong foundations
grant program for campuses or a program at a campus serving students
enrolled in prekindergarten through grade five to implement a
rigorous school approach that combines high-quality instruction,
materials, and support structures.
(b) The commissioner shall adopt components that school
districts, open-enrollment charter schools, and campuses of the
districts or schools must implement under the strong foundations
grant program. The components must include:
(1) use of high-quality instructional materials,
curricula, and curricular tools;
(2) use of aligned diagnostic and formative
assessments;
(3) aligned professional supports;
(4) practices designed to ensure high-quality
supports for students with disabilities;
(5) evidence-based practices to increase and maintain
parental engagement; and
(6) measurement of fidelity of implementation of the
program.
(c) Grants provided under the strong foundations grant
program may be in the form of funds, in-kind resources, or both.
(d) The commissioner shall use funds appropriated, federal
funds, and other funds available for the strong foundations grant
program to assist school districts and open-enrollment charter
schools in implementing the program.
(e) A school district or open-enrollment charter school
that receives grant funds under this section may use the funds to:
(1) financially support or train or otherwise prepare
educators and other staff;
(2) pay for agreements with other entities to provide
prekindergarten services; or
(3) pay for accelerated instruction provided under
Section 28.0211 or 28.0217.
(f) The commissioner may accept gifts, grants, and
donations from any source, including private and nonprofit
organizations, for the program. A private or nonprofit
organization that contributes to the program may receive an award
under Section 7.113.
SECTION 5. Section 39.025(b-1), Education Code, is amended
to read as follows:
(b-1) A school district shall provide each student who fails
to perform satisfactorily as determined by the commissioner under
Section 39.0241(a) on an end-of-course assessment instrument with
accelerated instruction under Section 28.0217 in the subject
assessed by the assessment instrument.
SECTION 6. 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 7. Section 39A.051(b), Education Code, is amended
to read as follows:
(b) For a campus described by Subsection (a), the
commissioner, to the extent the commissioner determines necessary,
may:
(1) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the school district, the district superintendent,
and the campus principal shall appear and explain the campus's low
performance, lack of improvement, and plans for improvement; [or]
(2) establish a school community partnership team
composed of members of the campus-level planning and
decision-making committee established under Section 11.251 and
additional community representatives as determined appropriate by
the commissioner;
(3) if applicable under Section 39A.064, require the
school district to comply with all requirements of the strong
foundations grant program under Section 29.0881 for the campus; or
(4) any combination of the actions described by
Subdivisions (1) through (3).
SECTION 8. Subchapter B, Chapter 39A, Education Code, is
amended by adding Section 39A.064 to read as follows:
Sec. 39A.064. STRONG FOUNDATIONS INTERVENTION FOR CERTAIN
CAMPUSES. (a) Notwithstanding Section 39A.0545(b) or any other
law, the commissioner may require a school district or
open-enrollment charter school to comply with all requirements of
the strong foundations grant program under Section 29.0881 at a
campus that:
(1) includes students at any grade level from
prekindergarten through fifth grade;
(2) is assigned an overall performance rating of D or
F; and
(3) is in the bottom five percent of campuses in the
state based on student performance on the grade three reading
assessment administered under Section 39.023(a) during the
previous school year, as determined by the commissioner.
(b) If funds are appropriated for the purpose, the
commissioner shall award a grant under Section 29.0881 to any
campus required to implement the requirements of the program under
this section.
(c) The commissioner shall adopt rules to determine whether
a school district or open-enrollment charter school is complying
adequately with the requirements under this section.
SECTION 9. Section 51.338(d), Education Code, is amended to
read as follows:
(d) A student who has demonstrated the performance standard
for college readiness as provided by Section 28.008 on the
postsecondary readiness assessment instruments adopted under
Section 39.0238 for Algebra II and English III, as that section
existed before repeal by H.B. 4545, Acts of the 87th Legislature,
Regular Session, 2021, is exempt from the requirements of this
subchapter with respect to those content areas. The commissioner
of higher education by rule shall establish the period for which an
exemption under this subsection is valid.
SECTION 10. The following provisions of the Education Code
are repealed:
(1) Sections 28.0211(b), (d), (e), (i-1), (i-2), (m),
and (m-1);
(2) Section 39.0231; and
(3) Section 39.0238.
SECTION 11. As soon as practicable after the effective date
of this Act, the board of trustees of a school district shall adopt
a policy as required by Section 28.0211(f-3), Education Code, as
added by this Act.
SECTION 12. This Act applies beginning with the 2021-2022
school year.
SECTION 13. 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4545 was passed by the House on May
13, 2021, by the following vote: Yeas 82, Nays 63, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4545 on May 28, 2021, by the following vote: Yeas 104, Nays 41,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4545 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 24, Nays
7.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor