Texas 2021 - 87th 2nd C.S.

Texas House Bill HB233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87S21503~~ MEW-D
	1	+	87S20823 MEW-D
2	2		By: Huberty H.B. No. 233
3		-	Substitute the following for H.B. No. 233:
4		-	By: Dutton C.S.H.B. No. 233
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to providing accelerated instruction for public school
10	8		students who fail to achieve satisfactory performance on certain
11	9		assessment instruments.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 28.0211, Education Code, as amended by
14	12		H.B. No. 4545, Acts of the 87th Legislature, Regular Session, 2021,
15	13		is amended by amending Subsections (a-1), (a-4), and (f-4) and
16		-	adding ~~Subsections (a-7) and~~ (q) to read as follows:
	14	+	adding Subsection (q) to read as follows:
17	15		(a-1) Each time a student fails to perform satisfactorily on
18	16		a mathematics or reading [an] assessment instrument administered
19	17		under Section 39.023(a) in the third, fourth, fifth, sixth,
20	18		seventh, or eighth grade, the school district in which the student
21	19		attends school shall provide to the student accelerated instruction
22	20		in the applicable subject area during the subsequent summer or
23	21		school year and either:
24	22		(1) allow the student to be assigned a classroom
25	23		teacher who is certified as a master, exemplary, or recognized
26	24		teacher under Section 21.3521 for the subsequent school year in the
27	25		applicable subject area; or
28	26		(2) provide the student supplemental instruction
29	27		under Subsection (a-4).
30	28		(a-4) If a district receives funding under Section 29.0881,
31	29		the Coronavirus Response and Relief Supplemental Appropriations
32	30		Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
33	31		Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
34	32		provided by a school district under Subsection (a-1)(2) must:
35	33		(1) include targeted instruction in the essential
36	34		knowledge and skills for the applicable grade levels and subject
37	35		area;
38	36		(2) be provided in addition to instruction normally
39	37		provided to students in the grade level in which the student is
40	38		enrolled;
41	39		(3) be provided for no less than 30 total hours during
42	40		the subsequent summer or school year and, unless the instruction is
43	41		provided fully during summer, include instruction no less than once
44	42		per week during the school year;
45	43		(4) be designed to assist the student in achieving
46	44		satisfactory performance in the applicable grade level and subject
47	45		area;
48	46		(5) include effective instructional materials
49	47		designed for supplemental instruction;
50	48		(6) be provided to a student individually or in a group
51		-	of no more than ~~four~~ [three] students, unless the parent or guardian
	49	+	of no more than 10 [three] students, unless the parent or guardian
52	50		of each student in the group authorizes a larger group;
53	51		(7) be provided by a person with training in the
54	52		applicable instructional materials for the supplemental
55	53		instruction and under the oversight of the school district; and
56	54		(8) to the extent possible, be provided by one person
57	55		for the entirety of the student's supplemental instruction period.
58		-	(a-7) Notwithstanding Subsection (a-4)(6), for the
59		-	2021-2022 school year, the board of trustees of a school district
60		-	may adopt a resolution authorizing supplemental instruction under
61		-	Subsection (a-1)(2) to be provided in a group of no more than 10
62		-	students without authorization from the parent or guardian of each
63		-	student in the group. This subsection expires September 1, 2022.
64	56		(f-4) If a student who fails to perform satisfactorily on an
65		-	assessment instrument specified under Subsection (a) fails on two
66		-	consecutive attempts [in the subsequent school year] to perform
67		-	satisfactorily on an assessment instrument in the same subject, the
68		-	superintendent of the district, or the superintendent's designee,
69		-	shall meet with the student's accelerated learning committee to:
	57	+	assessment instrument specified under Subsection (a) fails [in the
	58	+	subsequent school year] to perform satisfactorily on an assessment
	59	+	instrument in the same subject on two subsequent consecutive
	60	+	attempts, the superintendent of the district, or the
	61	+	superintendent's designee, shall meet with the student's
	62	+	accelerated learning committee to:
70	63		(1) identify the reason the student did not perform
71	64		satisfactorily; and
72	65		(2) determine, in order to ensure the student performs
73	66		satisfactorily on the assessment instrument at the next
74	67		administration of the assessment instrument, whether:
75	68		(A) the educational plan developed for the
76	69		student under Subsection (f) must be modified to provide the
77	70		necessary accelerated instruction for that student; and
78	71		(B) any additional resources are required for
79	72		that student.
80		-	(q) The commissioner may provide a waiver of the
81		-	requirements under this section regarding accelerated learning
82		-	committees and accelerated instruction for a school district for
83		-	each school year in which at least 60 percent of the students who
84		-	received accelerated instruction during the school year preceding
85		-	the previous school year performed satisfactorily in the subsequent
86		-	school year on the assessment instrument in each subject in which
87		-	the student previously failed to perform satisfactorily. Not later
88		-	than the beginning of each school year, the commissioner shall
89		-	publish a list of school districts that qualify for a waiver under
90		-	this subsection.
91		-	SECTION 2. This Act takes effect immediately if it receives
	73	+	(q) The commissioner may waive for one year the requirements
	74	+	under this section regarding accelerated learning committees and
	75	+	accelerated instruction for a school district in which at least 60
	76	+	percent of the students who received accelerated instruction during
	77	+	the school year preceding the previous school year performed
	78	+	satisfactorily in the subsequent school year on the assessment
	79	+	instrument in each subject in which the student previously failed
	80	+	to perform satisfactorily. Not later than the beginning of each
	81	+	school year, the commissioner shall publish a list of school
	82	+	districts that qualify for a waiver under this subsection.
	83	+	SECTION 2. This Act applies beginning with the 2022-2023
	84	+	school year.
	85	+	SECTION 3. This Act takes effect immediately if it receives
92	86		a vote of two-thirds of all the members elected to each house, as
93	87		provided by Section 39, Article III, Texas Constitution. If this
94	88		Act does not receive the vote necessary for immediate effect, this
95	89		Act takes effect on the 91st day after the last day of the
96	90		legislative session.