87S21503 MEW-D
By: Huberty H.B. No. 233
Substitute the following for H.B. No. 233:
By: Dutton C.S.H.B. No. 233
A BILL TO BE ENTITLED
AN ACT
relating to providing accelerated instruction for public school
students who fail to achieve satisfactory performance on certain
assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.0211, Education Code, as amended by
H.B. No. 4545, Acts of the 87th Legislature, Regular Session, 2021,
is amended by amending Subsections (a-1), (a-4), and (f-4) and
adding Subsections (a-7) and (q) to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
a mathematics or reading [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-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 four [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-7) Notwithstanding Subsection (a-4)(6), for the
2021-2022 school year, the board of trustees of a school district
may adopt a resolution authorizing supplemental instruction under
Subsection (a-1)(2) to be provided in a group of no more than 10
students without authorization from the parent or guardian of each
student in the group. This subsection expires September 1, 2022.
(f-4) If a student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) fails on two
consecutive attempts [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.
(q) The commissioner may provide a waiver of the
requirements under this section regarding accelerated learning
committees and accelerated instruction for a school district for
each school year in which at least 60 percent of the students who
received accelerated instruction during the school year preceding
the previous school year performed satisfactorily in the subsequent
school year on the assessment instrument in each subject in which
the student previously failed to perform satisfactorily. Not later
than the beginning of each school year, the commissioner shall
publish a list of school districts that qualify for a waiver under
this subsection.
SECTION 2. 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 on the 91st day after the last day of the
legislative session.