87R10510 MLH-F
By: Powell S.B. No. 2023
A BILL TO BE ENTITLED
AN ACT
relating to providing high-quality tutoring services to public
school students, including the creation of the Texas Tutor Corps
program, the establishment of a COVID-19 learning loss and student
acceleration pilot program, and the use of the compensatory
education allotment for tutoring services programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0841 to read as follows:
Sec. 29.0841. TEXAS TUTOR CORPS PROGRAM. (a) In this
section:
(1) "Hard-to-staff school" means a high-need school
that has a high rate of teacher turnover or a large concentration of
teachers in their first or second year of teaching.
(2) "High-need school" has the meaning assigned by the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631).
(3) "Program" means the Texas Tutor Corps program
established under this section.
(b) The agency shall establish and administer a Texas Tutor
Corps program to develop and support a statewide network of tutors
and to provide grants to school districts and open-enrollment
charter schools that are hard-to-staff schools or high-need
schools, for the purpose of establishing local consortia, as
described by Subsection (e), to collaborate on the provision of
high-quality tutoring services for students enrolled at the
district or school. The program must:
(1) include time for planning and collaboration among
tutors;
(2) match tutors with students based on the tutor's
expertise in a particular subject area or grade level and the
student's subject area tutoring needs or grade level;
(3) include high-quality pre-service training and
ongoing professional support for tutors serving under the program;
(4) be facilitated by the local consortium established
by the district or school;
(5) provide compensation for tutors; and
(6) prioritize the recruitment and selection of
individuals enrolled in state-approved educator preparation
programs to serve as tutors.
(c) The following individuals may serve as tutors under the
program:
(1) certified and retired educators;
(2) paraprofessionals and teacher's aides;
(3) recent graduates of educator preparation
programs; and
(4) postsecondary students enrolled in educator
preparation programs.
(d) Tutoring services provided under the program must:
(1) be led by a tutor;
(2) be provided in a one-on-one or small group setting
with a ratio of not more than one tutor for every four students;
(3) occur in multiple sessions of sufficient length
each week to ensure adequate time for delivery of tutoring
services;
(4) be provided during the regular school day or
immediately before or after school and during school vacation
periods; and
(5) align with local standards and curriculum.
(e) For purposes of this section, a local consortium of
community partners:
(1) includes the following entities, one of which
serves as the lead entity of the consortium:
(A) an educator preparation program under
Section 21.0442; and
(B) one or more:
(i) school districts or district campuses;
(ii) open-enrollment charter schools or
charter school campuses; and
(iii) regional education service centers;
and
(2) may include:
(A) community-based organizations;
(B) agencies serving children and youth;
(C) institutions of higher education;
(D) educator organizations;
(E) organizations representing education
professionals;
(F) local governments and local governmental
entities;
(G) student organizations; and
(H) parent organizations.
(f) A school district or open-enrollment charter school
awarded a grant under this section may use the grant money to pay
for:
(1) training tutors and placing tutors at district or
school campuses;
(2) supporting tutors to work with small groups of
students;
(3) matching tutors with students and mentors;
(4) providing stipends to tutors and mentors;
(5) purchasing instructional materials and
connectivity resources, including Internet access and devices
capable of connecting to the Internet;
(6) providing transportation for students attending
the tutoring program;
(7) providing meals and snacks for students attending
the tutoring program; and
(8) providing facilities for conducting the tutoring
program.
(g) In awarding grants under this section, the
commissioner:
(1) must consider the quality of the tutoring proposed
to be provided;
(2) may leverage federal funding to pay for not more
than 50 percent of the costs under the program, including, to the
extent authorized by federal law, funds from the Temporary
Assistance for Needy Families program;
(3) must consider the amount of funds distributed to
the school district or open-enrollment charter school under Chapter
48; and
(4) must use any funds appropriated or otherwise
available for the purposes of this program.
(h) The commissioner may accept gifts, grants, or donations
from any public or private source for purposes of this section.
(i) Notwithstanding Subsection (b), the commissioner is
required to establish the program under this section only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the commissioner may, but is not required to, establish
the program under this section using other appropriations available
for that purpose.
SECTION 2. 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 29.0841 [29.084];
(2) an accelerated reading instruction program to
which the student is assigned under Section 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 3. Sections 29.088(b) and (c), Education Code, are
amended to read as follows:
(b) Before providing a program under this section, the board
of trustees of a school district must adopt a policy for:
(1) determining student eligibility for participating
in the program that:
(A) prescribes the grade level or course a
student must be enrolled in to be eligible; and
(B) provides for considering teacher
recommendations in determining eligibility;
(2) ensuring that parents of or persons standing in
parental relation to eligible students are provided notice of the
program;
(3) ensuring that eligible students are encouraged to
attend the program;
(4) ensuring that the program is offered at one or more
locations in the district that are easily accessible to eligible
students; [and]
(5) measuring student progress on completion of the
program; and
(6) ensuring that all instruction, intervention, and
support is provided by an appropriately qualified educator or
person enrolled in an educator preparation program, including a
person participating in the Texas Tutor Corps program under Section
29.0841.
(c) The commissioner by rule shall:
(1) prescribe a procedure that a school district must
follow to apply for and receive funding for a program under this
section;
(2) adopt guidelines for determining which districts
receive funding if there is not sufficient funding for each
district that applies;
(3) require each district providing a program to
report student performance results to the commissioner within the
period and in the manner prescribed by the rule; [and]
(4) based on district reports under Subdivision (3)
and any required analysis and verification of those reports,
disseminate to each district in this state information concerning
instructional methods that have proved successful in improving
student performance in mathematics; and
(5) require each district providing a program under
this section to submit a description of the methods by which the
program will accelerate student learning, including whether the
district plans to implement a high-quality tutoring program.
SECTION 4. Sections 29.090(b) and (c), Education Code, are
amended to read as follows:
(b) Before providing a program under this section, the board
of trustees of a school district must adopt a policy for:
(1) determining student eligibility for participating
in the program that:
(A) prescribes the grade level or course a
student must be enrolled in to be eligible; and
(B) provides for considering teacher
recommendations in determining eligibility;
(2) ensuring that parents of or persons standing in
parental relation to eligible students are provided notice of the
program;
(3) ensuring that eligible students are encouraged to
attend the program;
(4) ensuring that the program is offered at one or more
locations in the district that are easily accessible to eligible
students; [and]
(5) measuring student progress on completion of the
program; and
(6) ensuring that all instruction, intervention, and
support is provided by an appropriately qualified educator or
person enrolled in an educator preparation program, including a
person participating in the Texas Tutor Corps program under Section
29.0841.
(c) The commissioner by rule shall:
(1) prescribe a procedure that a school district must
follow to apply for and receive funding for a program under this
section;
(2) adopt guidelines for determining which districts
receive funding if there is not sufficient funding for each
district that applies;
(3) require each district providing a program to
report student performance results to the commissioner within the
period and in the manner prescribed by the rule; [and]
(4) based on district reports under Subdivision (3)
and any required analysis and verification of those reports,
disseminate to each district in this state information concerning
instructional methods that have proved successful in improving
student performance in science; and
(5) require each district providing a program under
this section to submit a description of the methods by which the
program will accelerate student learning, including whether the
district plans to implement a high-quality tutoring program.
SECTION 5. Section 29.091(c), Education Code, is amended to
read as follows:
(c) To be eligible to participate in the program, a school
district must:
(1) have an enrollment of students who are
educationally disadvantaged that is greater than 50 percent of
total district enrollment;
(2) apply to the commissioner in the manner and within
the time prescribed by commissioner rule; [and]
(3) provide as part of the application materials a
plan that is designed to achieve the purposes described by
Subsections (b)(1) through (5); and
(4) participate in a local consortium described under
Section 29.0841 that supports the Texas Tutor Corps program under
that section.
SECTION 6. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0941 to read as follows:
Sec. 29.0941. COVID-19 LEARNING LOSS AND STUDENT
ACCELERATION PILOT PROGRAM. (a) In this section, "pilot program"
means the COVID-19 learning loss and student acceleration pilot
program established under this section.
(b) The commissioner by rule shall establish a pilot program
under which, for the 2021-2022 and 2022-2023 school years,
participating school district or open-enrollment charter school
campuses may provide tutoring intervention to students using a
high-quality tutoring program that meets the criteria described by
29.0841(d) to address learning loss due to the disruption in public
education caused by the coronavirus disease (COVID-19) pandemic.
(c) A campus may apply to the commissioner to participate in
the pilot program. A campus that submits an application must
include with the application materials a summary of the campus's
proposed high-quality tutoring program to the commissioner for
approval. The commissioner shall prioritize campuses that are part
of an established local consortium described under Section 29.0841
and providing tutoring services under the Texas Tutor Corps
program, including using tutors who are enrolled in state-approved
educator preparation programs.
(d) The commissioner shall adopt minimum criteria that a
program must meet to be selected for use by a participating campus.
The criteria must include principles and practices consistent with
best practices related to a scientific understanding of how
students learn. The commissioner may only approve a program for use
by a campus under the pilot program that meets the minimum criteria
established under this section.
(e) Not later than December 31, 2022, the agency, in
consultation with each vendor of a high-quality tutoring program
approved under Subsection (d) and each school district with which
the vendor contracts under this section, shall provide the
legislature with a report describing student progress under the
pilot program.
(f) The commissioner may accept gifts, grants, or donations
from any public or private source for purposes of this section.
(g) Notwithstanding Subsection (b), the commissioner is
required to establish the pilot program under this section only if
the legislature appropriates money specifically for that purpose.
If the legislature does not appropriate money specifically for that
purpose, the commissioner may, but is not required to, establish
the pilot program under this section using other appropriations
available for that purpose.
(h) The commissioner shall adopt rules necessary to
implement this section.
(i) This section expires September 1, 2023.
SECTION 7. (a) This section takes effect only if the Act of
the 87th Legislature, Regular Session, 2021, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Section 48.104(j-1), Education Code, is amended to read
as follows:
(j-1) In addition to other purposes for which funds
allocated under this section may be used, those funds may also be
used to:
(1) provide child-care services or assistance with
child-care expenses for students at risk of dropping out of school,
as described by Section 29.081(d)(1)(E) [29.081(d)(5)]; [or]
(2) pay the costs associated with services provided
through a life skills program in accordance with Sections
29.085(b)(1) and (3)-(7); or
(3) pay costs associated with tutoring services
provided under the Texas Tutor Corps program under Section 29.0841.
SECTION 8. (a) This section takes effect only if the Act of
the 87th Legislature, Regular Session, 2021, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Section 48.104(j-1), Education Code, is amended to read
as follows:
(j-1) In addition to other purposes for which funds
allocated under this section may be used, those funds may also be
used to:
(1) provide child-care services or assistance with
child-care expenses for students at risk of dropping out of school,
as described by Section 29.081(d)(5); [or]
(2) pay the costs associated with services provided
through a life skills program in accordance with Sections
29.085(b)(1) and (3)-(7); or
(3) pay costs associated with tutoring services
provided under the Texas Tutor Corps program under Section 29.0841.
SECTION 9. Sections 29.084 and 29.094, Education Code, are
repealed.
SECTION 10. This Act applies beginning with the 2021-2022
school year.
SECTION 11. 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.