TX
Texas Senate Bill SB2023

Texas 2021 - 87th Regular

Texas Senate Bill SB2023 Compare Versions

OldNewDifferences
1+87R10510 MLH-F
12 By: Powell S.B. No. 2023
2- (In the Senate - Filed March 12, 2021; April 1, 2021, read
3- first time and referred to Committee on Education; May 3, 2021,
4- reported adversely, with favorable Committee Substitute by the
5- following vote: Yeas 10, Nays 0; May 3, 2021, sent to printer.)
6-Click here to see the committee vote
7- COMMITTEE SUBSTITUTE FOR S.B. No. 2023 By: Powell
83
94
105 A BILL TO BE ENTITLED
116 AN ACT
127 relating to providing high-quality tutoring services to public
138 school students, including the creation of the Texas Tutor Corps
14- program, and the use of the compensatory education allotment for
15- certain tutoring services programs.
9+ program, the establishment of a COVID-19 learning loss and student
10+ acceleration pilot program, and the use of the compensatory
11+ education allotment for tutoring services programs.
1612 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1713 SECTION 1. Subchapter C, Chapter 29, Education Code, is
1814 amended by adding Section 29.0841 to read as follows:
1915 Sec. 29.0841. TEXAS TUTOR CORPS PROGRAM. (a) In this
2016 section:
2117 (1) "Hard-to-staff school" means a high-need school
2218 that has a high rate of teacher turnover or a large concentration of
2319 teachers in their first or second year of teaching.
2420 (2) "High-need school" has the meaning assigned by the
2521 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631).
2622 (3) "Program" means the Texas Tutor Corps program
2723 established under this section.
2824 (b) The agency shall establish and administer a Texas Tutor
29- Corps program to develop and support a statewide network of tutors,
30- combat learning loss, and provide grants to school districts and
31- open-enrollment charter schools that are hard-to-staff schools or
32- high-need schools, for the purpose of establishing local consortia,
33- as described by Subsection (e), to collaborate on the provision of
25+ Corps program to develop and support a statewide network of tutors
26+ and to provide grants to school districts and open-enrollment
27+ charter schools that are hard-to-staff schools or high-need
28+ schools, for the purpose of establishing local consortia, as
29+ described by Subsection (e), to collaborate on the provision of
3430 high-quality tutoring services for students enrolled at the
3531 district or school. The program must:
3632 (1) include time for planning and collaboration among
3733 tutors;
3834 (2) match tutors with students based on the tutor's
3935 expertise in a particular subject area or grade level and the
4036 student's subject area tutoring needs or grade level;
4137 (3) include high-quality pre-service training and
4238 ongoing professional support for tutors serving under the program;
4339 (4) be facilitated by the local consortium established
44- by the district or school; and
45- (5) provide compensation for tutors.
40+ by the district or school;
41+ (5) provide compensation for tutors; and
42+ (6) prioritize the recruitment and selection of
43+ individuals enrolled in state-approved educator preparation
44+ programs to serve as tutors.
4645 (c) The following individuals may serve as tutors under the
4746 program:
4847 (1) certified and retired educators;
4948 (2) paraprofessionals and teacher's aides;
5049 (3) recent graduates of educator preparation
51- programs;
52- (4) individuals enrolled in state-approved educator
53- preparation programs; and
54- (5) postsecondary students enrolled in a certificate
55- or degree program in the subject area in which the student provides
56- tutoring under the program.
50+ programs; and
51+ (4) postsecondary students enrolled in educator
52+ preparation programs.
5753 (d) Tutoring services provided under the program must:
5854 (1) be led by a tutor;
5955 (2) be provided in a one-on-one or small group setting
6056 with a ratio of not more than one tutor for every four students;
6157 (3) occur in multiple sessions of sufficient length
6258 each week to ensure adequate time for delivery of tutoring
6359 services;
6460 (4) be provided during the regular school day or
6561 immediately before or after school and during school vacation
6662 periods; and
6763 (5) align with local standards and curriculum.
6864 (e) For purposes of this section, a local consortium of
6965 community partners:
70- (1) includes one or more of each of the following
71- entities, one of which serves as the lead entity of the consortium:
72- (A) a school district or district campus;
73- (B) an open-enrollment charter school or charter
74- school campus; and
75- (C) a regional education service center; and
66+ (1) includes the following entities, one of which
67+ serves as the lead entity of the consortium:
68+ (A) an educator preparation program under
69+ Section 21.0442; and
70+ (B) one or more:
71+ (i) school districts or district campuses;
72+ (ii) open-enrollment charter schools or
73+ charter school campuses; and
74+ (iii) regional education service centers;
75+ and
7676 (2) may include:
77- (A) educator preparation programs under Section
78- 21.0442;
79- (B) community-based organizations;
80- (C) agencies serving children and youth;
81- (D) institutions of higher education;
82- (E) educator organizations;
83- (F) organizations representing education
77+ (A) community-based organizations;
78+ (B) agencies serving children and youth;
79+ (C) institutions of higher education;
80+ (D) educator organizations;
81+ (E) organizations representing education
8482 professionals;
85- (G) local governments and local governmental
83+ (F) local governments and local governmental
8684 entities;
87- (H) student organizations; and
88- (I) parent organizations.
85+ (G) student organizations; and
86+ (H) parent organizations.
8987 (f) A school district or open-enrollment charter school
90- that applies for a grant under this section must include with the
91- application a description of the methods by which the tutoring to be
92- provided under the grant will accelerate student learning and
93- alleviate learning loss resulting from the coronavirus disease
94- (COVID-19) pandemic. The description must indicate whether the
95- district or school plans to implement a high-quality tutoring
96- program.
97- (g) A school district or open-enrollment charter school
9888 awarded a grant under this section may use the grant money to pay
9989 for:
10090 (1) training tutors and placing tutors at district or
10191 school campuses;
10292 (2) supporting tutors to work with small groups of
10393 students;
10494 (3) matching tutors with students and mentors;
105- (4) providing adequate compensation to tutors and
106- mentors;
95+ (4) providing stipends to tutors and mentors;
10796 (5) purchasing instructional materials and
10897 connectivity resources, including Internet access and devices
10998 capable of connecting to the Internet;
11099 (6) providing transportation for students attending
111100 the tutoring program;
112101 (7) providing meals and snacks for students attending
113102 the tutoring program; and
114103 (8) providing facilities for conducting the tutoring
115104 program.
116- (h) In awarding grants under this section, the
105+ (g) In awarding grants under this section, the
117106 commissioner:
118107 (1) must consider the quality of the tutoring proposed
119108 to be provided;
120- (2) may leverage federal funding to pay for the costs
121- under the program;
109+ (2) may leverage federal funding to pay for not more
110+ than 50 percent of the costs under the program, including, to the
111+ extent authorized by federal law, funds from the Temporary
112+ Assistance for Needy Families program;
122113 (3) must consider the amount of funds distributed to
123114 the school district or open-enrollment charter school under Chapter
124- 48;
115+ 48; and
125116 (4) must use any funds appropriated or otherwise
126- available for the purposes of this program;
127- (5) shall prioritize applicants that:
128- (A) have established a local consortium that
129- includes an educator preparation program under Section 21.0442;
130- (B) are hard-to-staff schools;
131- (C) serve a high percentage of students who
132- qualify for compensatory education, as determined by the
133- commissioner; and
134- (D) place an emphasis on in-person tutoring; and
135- (6) shall require as a condition of each grant that the
136- recipient agree to use the grant to supplement and not supplant any
137- money allocated by the recipient for existing instruction or
138- tutoring programs.
139- (h-1) In awarding grants under this section for the
140- 2021-2022 school year, the commissioner may, to the extent
141- authorized by state and federal law, leverage federal funding
142- received through the elementary and secondary school emergency
143- relief fund that is designated for use by the agency under the
144- Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), and
145- the American Rescue Plan of 2021 (Pub. L. No. 117-2). This
146- subsection expires September 1, 2022.
147- (i) The commissioner may accept gifts, grants, or donations
117+ available for the purposes of this program.
118+ (h) The commissioner may accept gifts, grants, or donations
148119 from any public or private source for purposes of this section.
149- (j) Notwithstanding Subsection (b), the commissioner is
120+ (i) Notwithstanding Subsection (b), the commissioner is
150121 required to establish the program under this section only if the
151122 legislature appropriates money specifically for that purpose. If
152123 the legislature does not appropriate money specifically for that
153124 purpose, the commissioner may, but is not required to, establish
154125 the program under this section using other appropriations available
155126 for that purpose.
156- (k) A tutor providing services under the program is immune
157- from civil liability to the same extent as a professional employee
158- of a school district under Section 22.0511.
159- (l) This section expires September 1, 2023.
160127 SECTION 2. Section 25.085(d), Education Code, is amended to
161128 read as follows:
162129 (d) Unless specifically exempted by Section 25.086, a
163130 student enrolled in a school district must attend:
164131 (1) an extended-year program for which the student is
165132 eligible that is provided by the district for students identified
166133 as likely not to be promoted to the next grade level or tutorial
167134 classes required by the district under Section 29.0841 [29.084];
168135 (2) an accelerated reading instruction program to
169136 which the student is assigned under Section 28.006(g);
170137 (3) an accelerated instruction program to which the
171138 student is assigned under Section 28.0211;
172139 (4) a basic skills program to which the student is
173140 assigned under Section 29.086; or
174141 (5) a summer program provided under Section 37.008(l)
175142 or Section 37.021.
176- SECTION 3. Section 29.088, Education Code, is amended by
177- amending Subsections (b) and (c) and adding Subsection (b-1) to
178- read as follows:
143+ SECTION 3. Sections 29.088(b) and (c), Education Code, are
144+ amended to read as follows:
179145 (b) Before providing a program under this section, the board
180146 of trustees of a school district must adopt a policy for:
181147 (1) determining student eligibility for participating
182148 in the program that:
183149 (A) prescribes the grade level or course a
184150 student must be enrolled in to be eligible; and
185151 (B) provides for considering teacher
186152 recommendations in determining eligibility;
187153 (2) ensuring that parents of or persons standing in
188154 parental relation to eligible students are provided notice of the
189155 program;
190156 (3) ensuring that eligible students are encouraged to
191157 attend the program;
192158 (4) ensuring that the program is offered at one or more
193159 locations in the district that are easily accessible to eligible
194160 students; [and]
195161 (5) measuring student progress on completion of the
196162 program; and
197163 (6) ensuring that all instruction, intervention, and
198164 support is provided by an appropriately qualified educator or
199- person enrolled in an educator preparation program.
200- (b-1) For a school year before the 2023-2024 school year,
201- the board of trustees of a school district shall include in the
202- policy adopted under Subsection (b) an outline of how the program
203- will combat learning loss caused by the coronavirus disease
204- (COVID-19) pandemic. This subsection expires September 1, 2023.
165+ person enrolled in an educator preparation program, including a
166+ person participating in the Texas Tutor Corps program under Section
167+ 29.0841.
205168 (c) The commissioner by rule shall:
206169 (1) prescribe a procedure that a school district must
207170 follow to apply for and receive funding for a program under this
208171 section;
209172 (2) adopt guidelines for determining which districts
210173 receive funding if there is not sufficient funding for each
211174 district that applies;
212175 (3) require each district providing a program to
213176 report student performance results to the commissioner within the
214177 period and in the manner prescribed by the rule; [and]
215178 (4) based on district reports under Subdivision (3)
216179 and any required analysis and verification of those reports,
217180 disseminate to each district in this state information concerning
218181 instructional methods that have proved successful in improving
219182 student performance in mathematics; and
220183 (5) require each district providing a program under
221184 this section to submit a description of the methods by which the
222185 program will accelerate student learning, including whether the
223186 district plans to implement a high-quality tutoring program.
224187 SECTION 4. Sections 29.090(b) and (c), Education Code, are
225188 amended to read as follows:
226189 (b) Before providing a program under this section, the board
227190 of trustees of a school district must adopt a policy for:
228191 (1) determining student eligibility for participating
229192 in the program that:
230193 (A) prescribes the grade level or course a
231194 student must be enrolled in to be eligible; and
232195 (B) provides for considering teacher
233196 recommendations in determining eligibility;
234197 (2) ensuring that parents of or persons standing in
235198 parental relation to eligible students are provided notice of the
236199 program;
237200 (3) ensuring that eligible students are encouraged to
238201 attend the program;
239202 (4) ensuring that the program is offered at one or more
240203 locations in the district that are easily accessible to eligible
241204 students; [and]
242205 (5) measuring student progress on completion of the
243206 program; and
244207 (6) ensuring that all instruction, intervention, and
245208 support is provided by an appropriately qualified educator or
246- person enrolled in an educator preparation program.
209+ person enrolled in an educator preparation program, including a
210+ person participating in the Texas Tutor Corps program under Section
211+ 29.0841.
247212 (c) The commissioner by rule shall:
248213 (1) prescribe a procedure that a school district must
249214 follow to apply for and receive funding for a program under this
250215 section;
251216 (2) adopt guidelines for determining which districts
252217 receive funding if there is not sufficient funding for each
253218 district that applies;
254219 (3) require each district providing a program to
255220 report student performance results to the commissioner within the
256221 period and in the manner prescribed by the rule; [and]
257222 (4) based on district reports under Subdivision (3)
258223 and any required analysis and verification of those reports,
259224 disseminate to each district in this state information concerning
260225 instructional methods that have proved successful in improving
261226 student performance in science; and
262227 (5) require each district providing a program under
263228 this section to submit a description of the methods by which the
264229 program will accelerate student learning, including whether the
265230 district plans to implement a high-quality tutoring program.
266- SECTION 5. Section 29.091, Education Code, is amended by
267- adding Subsection (c-1) to read as follows:
268- (c-1) In addition to the requirements provided by
269- Subsection (c), to be eligible to participate in the program for a
270- school year before the 2023-2024 school year, a school district
271- must participate in a local consortium described under Section
272- 29.0841 that supports the Texas Tutor Corps program under that
273- section. This subsection expires September 1, 2023.
274- SECTION 6. Section 48.104, Education Code, is amended by
275- adding Subsection (j-2) to read as follows:
276- (j-2) In addition to other purposes for which funds
231+ SECTION 5. Section 29.091(c), Education Code, is amended to
232+ read as follows:
233+ (c) To be eligible to participate in the program, a school
234+ district must:
235+ (1) have an enrollment of students who are
236+ educationally disadvantaged that is greater than 50 percent of
237+ total district enrollment;
238+ (2) apply to the commissioner in the manner and within
239+ the time prescribed by commissioner rule; [and]
240+ (3) provide as part of the application materials a
241+ plan that is designed to achieve the purposes described by
242+ Subsections (b)(1) through (5); and
243+ (4) participate in a local consortium described under
244+ Section 29.0841 that supports the Texas Tutor Corps program under
245+ that section.
246+ SECTION 6. Subchapter C, Chapter 29, Education Code, is
247+ amended by adding Section 29.0941 to read as follows:
248+ Sec. 29.0941. COVID-19 LEARNING LOSS AND STUDENT
249+ ACCELERATION PILOT PROGRAM. (a) In this section, "pilot program"
250+ means the COVID-19 learning loss and student acceleration pilot
251+ program established under this section.
252+ (b) The commissioner by rule shall establish a pilot program
253+ under which, for the 2021-2022 and 2022-2023 school years,
254+ participating school district or open-enrollment charter school
255+ campuses may provide tutoring intervention to students using a
256+ high-quality tutoring program that meets the criteria described by
257+ 29.0841(d) to address learning loss due to the disruption in public
258+ education caused by the coronavirus disease (COVID-19) pandemic.
259+ (c) A campus may apply to the commissioner to participate in
260+ the pilot program. A campus that submits an application must
261+ include with the application materials a summary of the campus's
262+ proposed high-quality tutoring program to the commissioner for
263+ approval. The commissioner shall prioritize campuses that are part
264+ of an established local consortium described under Section 29.0841
265+ and providing tutoring services under the Texas Tutor Corps
266+ program, including using tutors who are enrolled in state-approved
267+ educator preparation programs.
268+ (d) The commissioner shall adopt minimum criteria that a
269+ program must meet to be selected for use by a participating campus.
270+ The criteria must include principles and practices consistent with
271+ best practices related to a scientific understanding of how
272+ students learn. The commissioner may only approve a program for use
273+ by a campus under the pilot program that meets the minimum criteria
274+ established under this section.
275+ (e) Not later than December 31, 2022, the agency, in
276+ consultation with each vendor of a high-quality tutoring program
277+ approved under Subsection (d) and each school district with which
278+ the vendor contracts under this section, shall provide the
279+ legislature with a report describing student progress under the
280+ pilot program.
281+ (f) The commissioner may accept gifts, grants, or donations
282+ from any public or private source for purposes of this section.
283+ (g) Notwithstanding Subsection (b), the commissioner is
284+ required to establish the pilot program under this section only if
285+ the legislature appropriates money specifically for that purpose.
286+ If the legislature does not appropriate money specifically for that
287+ purpose, the commissioner may, but is not required to, establish
288+ the pilot program under this section using other appropriations
289+ available for that purpose.
290+ (h) The commissioner shall adopt rules necessary to
291+ implement this section.
292+ (i) This section expires September 1, 2023.
293+ SECTION 7. (a) This section takes effect only if the Act of
294+ the 87th Legislature, Regular Session, 2021, relating to
295+ nonsubstantive additions to and corrections in enacted codes
296+ becomes law.
297+ (b) Section 48.104(j-1), Education Code, is amended to read
298+ as follows:
299+ (j-1) In addition to other purposes for which funds
277300 allocated under this section may be used, those funds may also be
278- used to pay costs associated with tutoring services provided under
279- the Texas Tutor Corps program under Section 29.0841. This
280- subsection expires September 1, 2023.
281- SECTION 7. Sections 29.084 and 29.094, Education Code, are
301+ used to:
302+ (1) provide child-care services or assistance with
303+ child-care expenses for students at risk of dropping out of school,
304+ as described by Section 29.081(d)(1)(E) [29.081(d)(5)]; [or]
305+ (2) pay the costs associated with services provided
306+ through a life skills program in accordance with Sections
307+ 29.085(b)(1) and (3)-(7); or
308+ (3) pay costs associated with tutoring services
309+ provided under the Texas Tutor Corps program under Section 29.0841.
310+ SECTION 8. (a) This section takes effect only if the Act of
311+ the 87th Legislature, Regular Session, 2021, relating to
312+ nonsubstantive additions to and corrections in enacted codes does
313+ not become law.
314+ (b) Section 48.104(j-1), Education Code, is amended to read
315+ as follows:
316+ (j-1) In addition to other purposes for which funds
317+ allocated under this section may be used, those funds may also be
318+ used to:
319+ (1) provide child-care services or assistance with
320+ child-care expenses for students at risk of dropping out of school,
321+ as described by Section 29.081(d)(5); [or]
322+ (2) pay the costs associated with services provided
323+ through a life skills program in accordance with Sections
324+ 29.085(b)(1) and (3)-(7); or
325+ (3) pay costs associated with tutoring services
326+ provided under the Texas Tutor Corps program under Section 29.0841.
327+ SECTION 9. Sections 29.084 and 29.094, Education Code, are
282328 repealed.
283- SECTION 8. This Act applies beginning with the 2021-2022
329+ SECTION 10. This Act applies beginning with the 2021-2022
284330 school year.
285- SECTION 9. The Texas Education Agency is required to
286- implement this Act only if the legislature appropriates money
287- specifically for that purpose. If the legislature does not
288- appropriate money specifically for that purpose, the agency may,
289- but is not required to, implement this Act using other money
290- available for that purpose.
291- SECTION 10. This Act takes effect immediately if it
331+ SECTION 11. This Act takes effect immediately if it
292332 receives a vote of two-thirds of all the members elected to each
293333 house, as provided by Section 39, Article III, Texas Constitution.
294334 If this Act does not receive the vote necessary for immediate
295335 effect, this Act takes effect September 1, 2021.
296- * * * * *