Texas 2021 - 87th Regular

Texas Senate Bill SB2094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R27936 TSS-F
2		-	By: Taylor, et al. S.B. No. 2094
3		-	(Dutton)
4		-	Substitute the following for S.B. No. 2094: No.
	1	+	By: Taylor, Bettencourt S.B. No. 2094
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the assessment of public school students, the
10		-	establishment of a strong foundations grant program, and providing
	6	+	relating to the assessment of public school students, providing
11	7		accelerated instruction for students who fail to achieve
12		-	satisfactory performance on certain assessment instruments.
	8	+	satisfactory performance on certain assessment instruments, and an
	9	+	accelerated learning and sustainment outcomes bonus allotment
	10	+	under the foundation school program.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. The heading to Section 28.0211, Education Code,
15	13		is amended to read as follows:
16	14		Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
17	15		PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
18	16		INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
19	17		SECTION 2. Section 28.0211, Education Code, is amended by
20	18		amending Subsections (a), (a-1), (a-2), (a-3), (c), (f), (i), (k),
21	19		and (n) and adding Subsections (a-4), (a-5), (a-6), (f-1), (f-2),
22	20		(f-3), (f-4), (f-5), and (n-1) to read as follows:
23	21		(a) A school district shall establish an accelerated
24	22		learning committee described by Subsection (c) for each student who
25	23		does not perform satisfactorily on:
26	24		(1) the third grade mathematics or reading assessment
27	25		instrument under Section 39.023;
28	26		(2) [Except as provided by Subsection (b) or (e), a
29	27		student may not be promoted to:
30	28		[(1) the sixth grade program to which the student
31	29		would otherwise be assigned if the student does not perform
32	30		satisfactorily on] the fifth grade mathematics or [and] reading
33	31		assessment instrument [instruments] under Section 39.023; or
34	32		(3) [(2) the ninth grade program to which the student
35	33		would otherwise be assigned if the student does not perform
36	34		satisfactorily on] the eighth grade mathematics or [and] reading
37	35		assessment instrument [instruments] under Section 39.023.
38	36		(a-1) Each time a student fails to perform satisfactorily on
39	37		an assessment instrument administered under Section 39.023(a) in
40	38		the third, fourth, fifth, sixth, seventh, or eighth grade, the
41	39		school district in which the student attends school shall provide
42	40		to the student accelerated instruction in the applicable subject
43	41		area during the subsequent summer or school year and either:
44	42		(1) allow the student to be assigned a classroom
45	43		teacher who is certified as a master, exemplary, or recognized
46	44		teacher under Section 21.3521 for the subsequent school year in the
47	45		applicable subject area; or
48	46		(2) provide the student supplemental instruction
49	47		under Subsection (a-4).
50	48		(a-2) Accelerated instruction provided during the following
51	49		school year under Subsection (a-1) may require participation of the
52	50		student before or after normal school hours [and may include
53	51		participation at times of the year outside normal school
54	52		operations].
55	53		(a-3) In providing accelerated instruction under Subsection
56	54		(a-1), a district may not remove a student, except under
57	55		circumstances for which a student enrolled in the same grade level
58	56		who is not receiving accelerated instruction would be removed,
59	57		from:
60	58		(1) instruction in the foundation curriculum and
61	59		enrichment curriculum adopted under Section 28.002 for the grade
62	60		level in which the student is enrolled; or
63	61		(2) recess or other physical activity that is
64	62		available to other students enrolled in the same grade level.
65		-	(a-4) If a district receives funding under Section 29.0881,
66		-	the Coronavirus Response and Relief Supplemental Appropriations
67		-	Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C.
68		-	Section 3401), or the American Rescue Plan Act of 2021 (Pub. L. No.
69		-	117-2, reprinted in note, 20 U.S.C. Section 3401), supplemental
70		-	instruction provided by the district under Subsection (a-1)(2)
71		-	must:
	63	+	(a-4) Supplemental instruction provided by a school
	64	+	district under Subsection (a-1)(2) must:
72	65		(1) include targeted instruction in the essential
73	66		knowledge and skills for the applicable grade levels and subject
74	67		area;
75	68		(2) be provided in addition to instruction normally
76	69		provided to students in the grade level in which the student is
77	70		enrolled;
78	71		(3) be provided for no less than 30 total hours during
79	72		the subsequent summer or school year and, unless the instruction is
80	73		provided fully during summer, include instruction no less than once
81	74		per week during the school year;
82	75		(4) be designed to assist the student in achieving
83	76		satisfactory performance in the applicable grade level and subject
84	77		area;
85	78		(5) include effective instructional materials
86	79		designed for supplemental instruction;
87	80		(6) be provided to a student individually or in a group
88	81		of no more than three students, unless the parent or guardian of
89	82		each student in the group authorizes a larger group;
90	83		(7) be provided by a person with training in the
91	84		applicable instructional materials for the supplemental
92	85		instruction and under the oversight of the school district; and
93	86		(8) to the extent possible, be provided by one person
94	87		for the entirety of the student's supplemental instruction period.
95	88		(a-5) If there is more than one classroom teacher available
96	89		in the applicable subject area to which a student who fails to
97	90		perform satisfactorily on an assessment instrument specified under
98	91		Subsection (a) could be assigned for the subsequent school year,
99	92		the student's parent or guardian may choose the teacher who will
100	93		provide the applicable instruction to the student.
101	94		[(a-2) A student who fails to perform satisfactorily on an
102	95		assessment instrument specified under Subsection (a) and who is
103	96		promoted to the next grade level must complete accelerated
104	97		instruction required under Subsection (a-1) before placement in the
105	98		next grade level. A student who fails to complete required
106	99		accelerated instruction may not be promoted.]
107	100		(a-6) [(a-3)] The commissioner shall provide guidelines to
108	101		school districts on research-based best practices and effective
109	102		strategies that a district may use in developing an accelerated
110		-	instruction program and ~~shall~~ provide resources to districts to
	103	+	instruction program and may provide resources to districts to
111	104		assist in the provision of an accelerated instruction program.
112	105		(c) [Each time a student fails to perform satisfactorily on
113	106		an assessment instrument specified under Subsection (a), the school
114	107		district in which the student attends school shall provide to the
115	108		student accelerated instruction in the applicable subject area,
116	109		including reading instruction for a student who fails to perform
117	110		satisfactorily on a reading assessment instrument.] After a
118	111		student fails to perform satisfactorily on an assessment instrument
119	112		specified under Subsection (a), an accelerated learning [a second
120	113		time, a grade placement] committee shall be established [to
121	114		prescribe the accelerated instruction the district shall provide to
122	115		the student before the student is administered the assessment
123	116		instrument the third time]. The accelerated learning [grade
124	117		placement] committee shall be composed of the principal or the
125	118		principal's designee, the student's parent or guardian, and the
126	119		teacher of the subject of an assessment instrument on which the
127	120		student failed to perform satisfactorily. The district shall
128	121		notify the parent or guardian of the time and place for convening
129	122		the accelerated learning [grade placement] committee and the
130	123		purpose of the committee. [An accelerated instruction group
131	124		administered by a school district under this section may not have a
132	125		ratio of more than 10 students for each teacher.]
133	126		(f) An accelerated learning [A school district shall
134	127		provide to a student who, after three attempts, has failed to
135	128		perform satisfactorily on an assessment instrument specified under
136	129		Subsection (a) accelerated instruction during the next school year
137	130		as prescribed by an educational plan developed for the student by
138	131		the student's grade placement] committee described by [established
139	132		under] Subsection (c) shall, not later than the start of the
140	133		subsequent school year, develop an[. The district shall provide
141	134		that accelerated instruction regardless of whether the student has
142	135		been promoted or retained. The] educational plan for the student
143	136		that provides the necessary accelerated instruction [must be
144	137		designed] to enable the student to perform at the appropriate grade
145	138		level by the conclusion of the school year.
146	139		(f-1) The educational plan under Subsection (f) must be
147	140		documented in writing, and a copy must be provided to the student's
148	141		parent or guardian.
149	142		(f-2) During the school year, the student shall be monitored
150	143		to ensure that the student is progressing in accordance with the
151	144		plan developed under Subsection (f). The district shall administer
152	145		to the student the assessment instrument for the grade level in
153	146		which the student is placed at the time the district regularly
154	147		administers the assessment instruments for that school year.
155	148		(f-3) The board of trustees of each school district shall
156	149		adopt a policy consistent with the grievance procedure adopted
157	150		under Section 26.011 to allow a parent to contest the content or
158	151		implementation of an educational plan developed under Subsection
159	152		(f).
160	153		(f-4) If a student who fails to perform satisfactorily on an
161	154		assessment instrument specified under Subsection (a) fails in the
162	155		subsequent school year to perform satisfactorily on an assessment
163	156		instrument in the same subject, the superintendent of the district,
164	157		or the superintendent's designee, shall meet with the student's
165	158		accelerated learning committee to:
166	159		(1) identify the reason the student did not perform
167	160		satisfactorily; and
168	161		(2) determine, in order to ensure the student performs
169	162		satisfactorily on the assessment instrument at the next
170	163		administration of the assessment instrument, whether:
171	164		(A) the educational plan developed for the
172	165		student under Subsection (f) must be modified to provide the
173	166		necessary accelerated instruction for that student; and
174	167		(B) any additional resources are required for
175	168		that student.
176	169		(f-5) The superintendent's designee under Subsection (f-4):
177	170		(1) may be an employee of a regional education service
178	171		center; and
179	172		(2) may not be a person who served on the student's
180	173		accelerated learning committee.
181	174		(i) The admission, review, and dismissal committee of a
182	175		student who participates in a district's special education program
183	176		under Subchapter A, Chapter 29, and who does not perform
184	177		satisfactorily on an assessment instrument specified under
185	178		Subsection (a) and administered under Section 39.023(a) or (b) must
186	179		meet to [before the student is administered the assessment
187	180		instrument for the second time. The committee shall] determine[:
188	181		[(1)] the manner in which the student will participate
189	182		in an accelerated instruction program under this section[; and
190	183		[(2) whether the student will be promoted in
191	184		accordance with Subsection (i-1) or retained under this section].
192	185		(k) The commissioner may [shall] adopt rules as necessary to
193	186		implement this section[, including rules concerning when school
194	187		districts shall administer assessment instruments required under
195	188		this section and which administration of the assessment instruments
196	189		will be used for purposes of Section 39.054].
197	190		(n) Except as provided by Subsection (n-1), a [A] student
198	191		who fails to perform satisfactorily on an assessment instrument
199	192		specified under Subsection (a) and is promoted to the next grade
200	193		level [by a grade placement committee under this section] must be
201	194		assigned in the subsequent school year in each subject in which the
202	195		student failed to perform satisfactorily on an assessment
203	196		instrument specified under Subsection (a) to an appropriately
204	197		certified [a] teacher who meets all state and federal
205	198		qualifications to teach that subject and grade.
206	199		(n-1) In a manner consistent with federal law and
207	200		notwithstanding any other law, the commissioner may waive the
208	201		requirement under Subsection (n) regarding the assignment of a
209	202		student to an appropriately certified classroom teacher on the
210	203		request of a school district.
211	204		SECTION 3. Section 28.0217, Education Code, is amended to
212	205		read as follows:
213	206		Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
214	207		STUDENTS. (a) Each time a student fails to perform satisfactorily
215	208		on an assessment instrument administered under Section 39.023(c),
216	209		the school district in which the student attends school shall
217	210		provide to the student accelerated instruction in the applicable
218	211		subject area[, using funds appropriated for accelerated
219	212		instruction under Section 28.0211].
220	213		(b) Accelerated instruction provided under this section:
221	214		(1) may require participation of the student before or
222	215		after normal school hours and may include participation at times of
223	216		the year outside normal school operations; and
224	217		(2) must comply with the requirements for accelerated
225	218		instruction provided under Section 28.0211.
226		-	SECTION 4. Subchapter C, Chapter 29, Education Code, is
227		-	amended by adding Section 29.0881 to read as follows:
228		-	Sec. 29.0881. STRONG FOUNDATIONS GRANT PROGRAM. (a) The
229		-	commissioner shall establish and administer a strong foundations
230		-	grant program for campuses or a program at a campus serving students
231		-	enrolled in prekindergarten through grade five to implement a
232		-	rigorous school approach that combines high-quality instruction,
233		-	materials, and support structures.
234		-	(b) The commissioner shall adopt components that school
235		-	districts, open-enrollment charter schools, and campuses of the
236		-	districts or schools must implement under the strong foundations
237		-	grant program. The components must include:
238		-	(1) use of high-quality instructional materials,
239		-	curricula, and curricular tools;
240		-	(2) use of aligned diagnostic and formative
241		-	assessments;
242		-	(3) aligned professional supports;
243		-	(4) practices designed to ensure high-quality
244		-	supports for students with disabilities;
245		-	(5) evidence-based practices to increase and maintain
246		-	parental engagement; and
247		-	(6) measurement of fidelity of implementation of the
248		-	program.
249		-	(c) Grants provided under the strong foundations grant
250		-	program may be in the form of funds, in-kind resources, or both.
251		-	(d) The commissioner shall use funds appropriated, federal
252		-	funds, and other funds available for the strong foundations grant
253		-	program to assist school districts and open-enrollment charter
254		-	schools in implementing the program.
255		-	(e) A school district or open-enrollment charter school
256		-	that receives grant funds under this section may use the funds to:
257		-	(1) financially support or train or otherwise prepare
258		-	educators and other staff;
259		-	(2) pay for agreements with other entities to provide
260		-	prekindergarten services; or
261		-	(3) pay for accelerated instruction provided under
262		-	Section 28.0211 or 28.0217.
263		-	(f) The commissioner may accept gifts, grants, and
264		-	donations from any source, including private and nonprofit
265		-	organizations, for the program. A private or nonprofit
266		-	organization that contributes to the program may receive an award
267		-	under Section 7.113.
268		-	SECTION 5. Section 39.025(b-1), Education Code, is amended
	219	+	SECTION 4. Section 39.025(b-1), Education Code, is amended
269	220		to read as follows:
270	221		(b-1) A school district shall provide each student who fails
271	222		to perform satisfactorily as determined by the commissioner under
272	223		Section 39.0241(a) on an end-of-course assessment instrument with
273	224		accelerated instruction under Section 28.0217 in the subject
274	225		assessed by the assessment instrument.
275		-	SECTION 6. Section 39.301(c), Education Code, is amended to
	226	+	SECTION 5. Section 39.301(c), Education Code, is amended to
276	227		read as follows:
277	228		(c) Indicators for reporting purposes must include:
278	229		(1) the percentage of graduating students who meet the
279	230		course requirements established by State Board of Education rule
280	231		for:
281	232		(A) the foundation high school program;
282	233		(B) the distinguished level of achievement under
283	234		the foundation high school program; and
284	235		(C) each endorsement described by Section
285	236		28.025(c-1);
286	237		(2) the results of the SAT, ACT, and certified
287	238		workforce training programs described by Chapter 311, Labor Code;
288	239		(3) for students who have failed to perform
289	240		satisfactorily, under each performance standard under Section
290	241		39.0241, on an assessment instrument required under Section
291	242		39.023(a) or (c), the performance of those students on subsequent
292	243		assessment instruments required under those sections, aggregated
293	244		by grade level and subject area;
294	245		(4) for each campus, the number of students,
295	246		disaggregated by major student subpopulations, that take courses
296	247		under the foundation high school program and take additional
297	248		courses to earn an endorsement under Section 28.025(c-1),
298	249		disaggregated by type of endorsement;
299	250		(5) the percentage of students, aggregated by grade
300	251		level, provided accelerated instruction under Section 28.0211
301	252		[28.0211(c)], the results of assessment instruments administered
302	253		under that section, [the percentage of students promoted through
303	254		the grade placement committee process under Section 28.0211,] the
304	255		subject of the assessment instrument on which each student failed
305	256		to perform satisfactorily under each performance standard under
306	257		Section 39.0241, and the performance of those students in the
307	258		subsequent school year [following that promotion] on the assessment
308	259		instruments required under Section 39.023;
309	260		(6) the percentage of students of limited English
310	261		proficiency exempted from the administration of an assessment
311	262		instrument under Sections 39.027(a)(1) and (2);
312	263		(7) the percentage of students in a special education
313	264		program under Subchapter A, Chapter 29, assessed through assessment
314	265		instruments developed or adopted under Section 39.023(b);
315	266		(8) the percentage of students who satisfy the college
316	267		readiness measure;
317	268		(9) the measure of progress toward dual language
318	269		proficiency under Section 39.034(b), for students of limited
319	270		English proficiency, as defined by Section 29.052;
320	271		(10) the percentage of students who are not
321	272		educationally disadvantaged;
322	273		(11) the percentage of students who enroll and begin
323	274		instruction at an institution of higher education in the school
324	275		year following high school graduation; and
325	276		(12) the percentage of students who successfully
326	277		complete the first year of instruction at an institution of higher
327	278		education without needing a developmental education course.
328		-	SECTION 7. Section 39A.051(b), Education Code, is amended
329		-	to read as follows:
330		-	(b) For a campus described by Subsection (a), the
331		-	commissioner, to the extent the commissioner determines necessary,
332		-	may:
333		-	(1) order a hearing to be held before the commissioner
334		-	or the commissioner's designee at which the president of the board
335		-	of trustees of the school district, the district superintendent,
336		-	and the campus principal shall appear and explain the campus's low
337		-	performance, lack of improvement, and plans for improvement; [or]
338		-	(2) establish a school community partnership team
339		-	composed of members of the campus-level planning and
340		-	decision-making committee established under Section 11.251 and
341		-	additional community representatives as determined appropriate by
342		-	the commissioner;
343		-	(3) if applicable under Section 39A.064, require the
344		-	school district to comply with all requirements of the strong
345		-	foundations grant program under Section 29.0881 for the campus; or
346		-	(4) any combination of the actions described by
347		-	Subdivisions (1) through (3).
348		-	SECTION 8. Subchapter B, Chapter 39A, Education Code, is
349		-	amended by adding Section 39A.064 to read as follows:
350		-	Sec. 39A.064. STRONG FOUNDATIONS INTERVENTION FOR CERTAIN
351		-	CAMPUSES. (a) Notwithstanding Section 39A.0545(b) or any other
352		-	law, the commissioner may require a school district or
353		-	open-enrollment charter school to comply with all requirements of
354		-	the strong foundations grant program under Section 29.0881 at a
355		-	campus that:
356		-	(1) includes students at any grade level from
357		-	prekindergarten through fifth grade;
358		-	(2) is assigned an overall performance rating of D or
359		-	F; and
360		-	(3) is in the bottom five percent of campuses in the
361		-	state based on student performance on the grade three reading
362		-	assessment administered under Section 39.023(a) during the
363		-	previous school year, as determined by the commissioner.
364		-	(b) If funds are appropriated for the purpose, the
365		-	commissioner shall award a grant under Section 29.0881 to any
366		-	campus required to implement the requirements of the program under
367		-	this section.
368		-	(c) The commissioner shall adopt rules to determine whether
369		-	a school district or open-enrollment charter school is complying
370		-	adequately with the requirements under this section.
371		-	SECTION 9. Section 51.338(d), Education Code, is amended to
	279	+	SECTION 6. Subchapter C, Chapter 48, Education Code, is
	280	+	amended by adding Section 48.1102 to read as follows:
	281	+	Sec. 48.1102. ACCELERATED LEARNING AND SUSTAINMENT
	282	+	OUTCOMES BONUS. (a) For purposes of this section, a student is a:
	283	+	(1) successfully accelerated student if the student:
	284	+	(A) performs satisfactorily or better on an
	285	+	assessment instrument administered under Section 39.023(a); and
	286	+	(B) was administered but did not perform
	287	+	satisfactorily on the assessment instrument administered under
	288	+	Section 39.023(a) for the same subject in the student's preceding
	289	+	grade level; and
	290	+	(2) sustained accelerated student if the student:
	291	+	(A) performs at the level determined under
	292	+	Section 39.0241(a-1) or the equivalent to determine preparedness
	293	+	for the student's next grade level or better on an assessment
	294	+	instrument administered under Section 39.023(a);
	295	+	(B) performs satisfactorily or better on the
	296	+	assessment instrument administered under Section 39.023(a) for the
	297	+	same subject in the student's preceding grade level; and
	298	+	(C) was administered but did not perform
	299	+	satisfactorily on the assessment instrument administered under
	300	+	Section 39.023(a) for the grade level and subject preceding the
	301	+	assessment described by Paragraph (B).
	302	+	(b) For each successfully accelerated student in excess of
	303	+	the minimum number of students determined for the district or
	304	+	school under Subsection (d), a school district or open-enrollment
	305	+	charter school is entitled to the following annual outcomes bonus:
	306	+	(1) $500 for each student who is not educationally
	307	+	disadvantaged; and
	308	+	(2) $1,000 for each student who is educationally
	309	+	disadvantaged.
	310	+	(c) For each sustained accelerated student, a school
	311	+	district or open-enrollment charter school is entitled to the
	312	+	following annual outcomes bonus:
	313	+	(1) $250 for each student who is not educationally
	314	+	disadvantaged; and
	315	+	(2) $500 for each student who is educationally
	316	+	disadvantaged.
	317	+	(d) The commissioner shall establish, using a percentile
	318	+	determined by the commissioner based on the median performance of
	319	+	school districts and open-enrollment charter schools on
	320	+	assessments administered under Section 39.023(a) during the
	321	+	2017-2018 school year, a threshold percentage of:
	322	+	(1) successfully accelerated students who are not
	323	+	educationally disadvantaged; and
	324	+	(2) successfully accelerated students who are
	325	+	educationally disadvantaged.
	326	+	(e) Each year, the commissioner shall determine for each
	327	+	school district and open-enrollment charter school the minimum
	328	+	number of successfully accelerated students the district or school
	329	+	must have in order for the district to achieve the percentage equal
	330	+	to the threshold percentage established for that group of students
	331	+	described by Subsection (b).
	332	+	(f) The commissioner may modify the threshold percentages
	333	+	established under Subsection (d) once every five years if the
	334	+	commissioner determines that substantial improvement in the median
	335	+	performance of school districts and open-enrollment charter
	336	+	schools has occurred.
	337	+	SECTION 7. Section 51.338(d), Education Code, is amended to
372	338		read as follows:
373	339		(d) A student who has demonstrated the performance standard
374	340		for college readiness as provided by Section 28.008 on the
375	341		postsecondary readiness assessment instruments adopted under
376	342		Section 39.0238 for Algebra II and English III, as that section
377		-	existed before repeal by S.B. ~~2094~~, Acts of the 87th Legislature,
	343	+	existed before repeal by H.B. 4545, Acts of the 87th Legislature,
378	344		Regular Session, 2021, is exempt from the requirements of this
379	345		subchapter with respect to those content areas. The commissioner
380	346		of higher education by rule shall establish the period for which an
381	347		exemption under this subsection is valid.
382		-	SECTION 10. The following provisions of the Education Code
	348	+	SECTION 8. The following provisions of the Education Code
383	349		are repealed:
384	350		(1) Sections 28.0211(b), (d), (e), (i-1), (i-2), (m),
385	351		and (m-1);
386	352		(2) Section 39.0231; and
387	353		(3) Section 39.0238.
388		-	SECTION 11. As soon as practicable after the effective date
	354	+	SECTION 9. As soon as practicable after the effective date
389	355		of this Act, the board of trustees of a school district shall adopt
390	356		a policy as required by Section 28.0211(f-3), Education Code, as
391	357		added by this Act.
392		-	SECTION 12. This Act applies beginning with the 2021-2022
	358	+	SECTION 10. This Act applies beginning with the 2021-2022
393	359		school year.
394		-	SECTION 13. This Act takes effect immediately if it
	360	+	SECTION 11. This Act takes effect immediately if it
395	361		receives a vote of two-thirds of all the members elected to each
396	362		house, as provided by Section 39, Article III, Texas Constitution.
397	363		If this Act does not receive the vote necessary for immediate
398	364		effect, this Act takes effect September 1, 2021.