Texas 2021 - 87th 3rd C.S.

Texas House Bill HB131 Compare Versions

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1	1	87S30102 MEW-D
2	2	By: Huberty H.B. No. 131
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing accelerated instruction for certain public
8	8	school students, a substitute teacher grant program, the
9	9	calculation of average daily attendance of public school students,
10	10	and an accelerated learning and sustainment allotment under the
11	11	foundation school program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28.0211, Education Code, is amended by
14	14	amending Subsection (a) and adding Subsection (b) to read as
15	15	follows:
16	16	(a) A school district shall ensure that curricular and
17	17	instructional systems established by the district provide
18	18	instruction to all students that:
19	19	(1) is consistently aligned with grade-level
20	20	essential knowledge and skills; and
21	21	(2) strategically and timely addresses deficiencies
22	22	in prerequisite essential knowledge and skills required for each
23	23	grade level.
24	24	(b) A school district shall establish an accelerated
25	25	learning committee described by Subsection (b-1) [(c)] for each
26	26	student who does not perform satisfactorily on:
27	27	(1) the third grade mathematics or reading assessment
28	28	instrument under Section 39.023; or
29	29	(2) the fourth, fifth, sixth, seventh, or eighth grade
30	30	mathematics or reading assessment instrument under Section 39.023
31	31	in the school year following a school year in which the student did
32	32	not perform satisfactorily in the same subject on the assessment
33	33	instrument[; or
34	34	[(3) the eighth grade mathematics or reading
35	35	assessment instrument under Section 39.023].
36	36	SECTION 2. Section 28.0211, Education Code, is amended by
37	37	amending Subsections (a-1), (a-4), and (a-5) and adding Subsections
38	38	(a-7), (a-8), and (a-9) to read as follows:
39	39	(a-1) Each time a student fails to perform satisfactorily on
40	40	an assessment instrument administered under Section 39.023(a) in
41	41	the third, fourth, fifth, sixth, seventh, or eighth grade, the
42	42	school district in which the student attends school shall:
43	43	(1) provide to the student accelerated instruction in
44	44	the applicable subject area during the subsequent summer or school
45	45	year;
46	46	(2) provide the student's parent or guardian the
47	47	option under Subsection (a-5) to request that the student be
48	48	assigned to a particular classroom teacher; and
49	49	(3) either:
50	50	(A) [(1)] allow the student to be assigned a
51	51	classroom teacher who is certified as a master, exemplary, or
52	52	recognized teacher under Section 21.3521 for the subsequent school
53	53	year in the applicable subject area; or
54	54	(B) [(2)] provide the student supplemental
55	55	instruction under Subsection (a-4).
56	56	(a-4) If a district receives funding under Section 29.0881,
57	57	48.104, or 48.1102, the Coronavirus Response and Relief
58	58	Supplemental Appropriations Act, 2021 (Div. M, Pub. L.
59	59	No. 116-260), or the American Rescue Plan Act of 2021 (Pub. L.
60	60	No. 117-2), then supplemental instruction provided by a school
61	61	district under Subsection (a-1)(3)(B) [(a-1)(2)] must:
62	62	(1) include targeted instruction in the essential
63	63	knowledge and skills for the applicable grade levels and subject
64	64	area;
65	65	(2) be provided in addition to instruction normally
66	66	provided to students in the grade level in which the student is
67	67	enrolled;
68	68	(3) be provided:
69	69	(A) to each student for no less than 15 [30 total]
70	70	hours for that school year;
71	71	(B) for an average of no less than 30 hours per
72	72	student for all students receiving supplemental instruction that
73	73	school year;
74	74	(C) during the subsequent summer or school year;
75	75	and
76	76	(D) [,] unless the instruction is provided to a
77	77	student fully during summer, [include instruction] no less than
78	78	once per week during the school year;
79	79	(4) be designed to assist the student in achieving
80	80	satisfactory performance in the applicable grade level and subject
81	81	area;
82	82	(5) include effective instructional materials
83	83	designed for supplemental instruction;
84	84	(6) be provided to a student individually or in a group
85	85	of no more than four [three] students, unless the parent or guardian
86	86	of each student in the group authorizes a larger group;
87	87	(7) be provided by a person with training in the
88	88	applicable instructional materials for the supplemental
89	89	instruction and under the oversight of the school district; and
90	90	(8) to the extent possible, be provided by one person
91	91	for the entirety of the student's supplemental instruction period.
92	92	(a-5) Each school district shall establish a process
93	93	allowing for the parent or guardian of a student who fails to
94	94	perform satisfactorily on an assessment instrument specified under
95	95	Subsection (a-1) [(a)] to make a request for district consideration
96	96	that the student be assigned to a particular classroom teacher in
97	97	the applicable subject area for the subsequent school year, if more
98	98	than one classroom teacher is available.
99	99	(a-7) A parent or guardian of a student who is provided
100	100	supplemental instruction under Subsection (a-1)(3)(B) by the
101	101	school district may decrease or remove a requirement of the
102	102	supplemental instruction provided under Subsection (a-4) for the
103	103	student by submitting a written request to the district. A district
104	104	may not encourage or otherwise direct a parent or guardian to act
105	105	under this subsection in a manner that allows the district to avoid
106	106	providing the student with the benefit of supplemental instruction.
107	107	(a-8) If a student in a homebound or other off-campus
108	108	instructional arrangement is unable to participate in an
109	109	accelerated instruction program due to the nature of the student's
110	110	medical condition, the student's admission, review, and dismissal
111	111	committee, if the student receives special education services under
112	112	Subchapter A, Chapter 29, or the committee established for the
113	113	student under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
114	114	Section 794), if the student does not receive special education
115	115	services under Subchapter A, Chapter 29, may determine that the
116	116	student will be provided the accelerated instruction when the
117	117	student returns to campus from the homebound or other off-campus
118	118	setting. If the student's medical condition prevents the student
119	119	from returning to campus during the current school year, the school
120	120	district is not required to provide the accelerated instruction to
121	121	the student during the subsequent school year.
122	122	(a-9) For a student retained at a grade level in which the
123	123	student's performance requires the school district to provide
124	124	accelerated instruction under Subsection (a-1), the requirements
125	125	for supplemental instruction described by Subsection (a-4) do not
126	126	apply to any supplemental instruction provided to that student.
127	127	SECTION 3. Section 28.0211(c), Education Code, is
128	128	redesignated as Sections 28.0211(b-1) and (b-2), Education Code,
129	129	and amended to read as follows:
130	130	(b-1) [(c)] After a student fails to perform satisfactorily
131	131	on an assessment instrument as described by [specified under]
132	132	Subsection (b) [(a)], an accelerated learning committee shall be
133	133	established. The accelerated learning committee shall be composed
134	134	of at least:
135	135	(1) the principal or the principal's designee from the
136	136	campus at which the student most recently failed to perform
137	137	satisfactorily and, if different, the campus at which the student
138	138	will be provided accelerated instruction;
139	139	(2) [,] the student's parent or guardian;
140	140	(3) [, and] the teacher of each [the] subject of an
141	141	assessment instrument for [on] which the student's performance
142	142	required an accelerated learning committee to be established under
143	143	Subsection (b);
144	144	(4) the student's teacher of each subject described by
145	145	Subdivision (3) for the following school year; and
146	146	(5) a representative of the district authorized to
147	147	ensure necessary supports and resources to implement an accelerated
148	148	instruction program [student failed to perform satisfactorily].
149	149	(b-2) The district shall notify the parent or guardian of
150	150	the time and place for convening the accelerated learning committee
151	151	and the purpose of the committee.
152	152	SECTION 4. Sections 28.0211(f), (f-4), (i), and (j),
153	153	Education Code, are redesignated as Sections 28.0211(b-3), (b-4),
154	154	(b-5), and (b-6), Education Code, and amended to read as follows:
155	155	(b-3) [(f)] An accelerated learning committee described by
156	156	Subsection (b-1) [(c)] shall, not later than the start of the
157	157	subsequent school year, develop an educational plan for the student
158	158	that provides the necessary accelerated instruction to enable the
159	159	student to perform at the appropriate grade level by the conclusion
160	160	of the school year.
161	161	(b-4) In developing the student's educational plan under
162	162	Subsection (b-3), [(f-4) If a student who fails to perform
163	163	satisfactorily on an assessment instrument specified under
164	164	Subsection (a) fails in the subsequent school year to perform
165	165	satisfactorily on an assessment instrument in the same subject, the
166	166	superintendent of the district, or the superintendent's designee,
167	167	shall meet with] the student's accelerated learning committee shall
168	168	[to]:
169	169	(1) identify the reason the student did not perform
170	170	satisfactorily; and
171	171	(2) [determine, in order] to ensure the student
172	172	performs satisfactorily on the assessment instrument at the next
173	173	administration of the assessment instrument, consider [whether]:
174	174	(A) increasing the number of hours of
175	175	supplemental instruction provided to the student beyond the minimum
176	176	number of hours required under Subsection (a-4)(3), including up to
177	177	45 hours or more during the school year [the educational plan
178	178	developed for the student under Subsection (f) must be modified to
179	179	provide the necessary accelerated instruction for that student];
180	180	[and]
181	181	(B) lowering the student-to-instructor ratio for
182	182	supplemental instruction below the maximum group size permitted
183	183	under Subsection (a-4)(6), including providing the supplemental
184	184	instruction to a student individually;
185	185	(C) expanding the scheduled availability of
186	186	supplemental instruction during the summer, during regular school
187	187	hours, and before or after regular school hours;
188	188	(D) assigning the student to a specific teacher
189	189	for the subsequent school year who is better able to provide
190	190	accelerated instruction; and
191	191	(E) providing any additional resources [are]
192	192	required for that student.
193	193	(b-5) [(i)] The admission, review, and dismissal committee
194	194	of a student who participates in a district's special education
195	195	program under Subchapter A, Chapter 29, and for whom an accelerated
196	196	learning committee is required to be established [who does not
197	197	perform satisfactorily on an assessment instrument specified]
198	198	under Subsection [(a) and administered under Section 39.023(a) or]
199	199	(b) shall serve as the student's accelerated learning committee and
200	200	must meet to determine the manner in which the student will
201	201	participate in an accelerated instruction program under this
202	202	section.
203	203	(b-6) [(j)] A school district or open-enrollment charter
204	204	school shall provide students required to attend accelerated
205	205	programs under this section with transportation to those programs
206	206	if the programs occur outside of regular school hours, unless the
207	207	district or school or an agent of the district or school does not
208	208	operate a district or school transportation system.
209	209	SECTION 5. Sections 28.0211(f-1), (f-2), and (f-3),
210	210	Education Code, are redesignated as Sections 28.0211(c), (c-1), and
211	211	(c-2), Education Code, and amended to read as follows:
212	212	(c) [(f-1)] The educational plan under Subsection (b-3)
213	213	[(f)] must be documented in writing, and a copy must be provided to
214	214	the student's parent or guardian.
215	215	(c-1) [(f-2)] During the school year, the student shall be
216	216	monitored to ensure that the student is progressing in accordance
217	217	with the plan developed under Subsection (b-3) [(f)]. The district
218	218	shall administer to the student the assessment instrument for the
219	219	grade level in which the student is placed at the time the district
220	220	regularly administers the assessment instruments for that school
221	221	year.
222	222	(c-2) [(f-3)] The board of trustees of each school district
223	223	shall adopt a policy consistent with the grievance procedure
224	224	adopted under Section 26.011 to allow a parent to contest the
225	225	content or implementation of an educational plan developed under
226	226	Subsection (b-3) [(f)].
227	227	SECTION 6. Section 28.0211, Education Code, is amended by
228	228	adding Subsection (c-3) to read as follows:
229	229	(c-3) The accelerated instruction plan developed by a
230	230	student's admission, review, and dismissal committee under
231	231	Subsection (b-5) is not considered to be part of the student's
232	232	individualized education program and is not subject to the
233	233	requirements of Section 29.005 or 20 U.S.C. Section 1414(d)
234	234	relating to the development of a student's individualized education
235	235	program. A parent of a student with an individualized education
236	236	program who intends to contest the content or implementation of the
237	237	plan must follow the grievance policy adopted under Subsection
238	238	(c-2).
239	239	SECTION 7. Sections 28.0211(g), (n), and (n-1), Education
240	240	Code, are redesignated as Sections 28.0211(d), (d-1), and (d-2),
241	241	Education Code, and amended to read as follows:
242	242	(d) [(g)] This section does not preclude the retention at a
243	243	grade level, in accordance with state law or school district
244	244	policy, of a student who performs satisfactorily on an assessment
245	245	instrument specified under this section [Subsection (a)].
246	246	(d-1) [(n)] Except as provided by Subsections (a-5) and
247	247	(d-2) [Subsection (n-1)], a student who fails to perform
248	248	satisfactorily on an assessment instrument, as described by
249	249	Subsection (b), [specified under Subsection (a)] and is promoted to
250	250	the next grade level must be assigned in the subsequent school year
251	251	in each subject in which the student failed to perform
252	252	satisfactorily on an assessment instrument, as described by
253	253	Subsection (b), [specified under Subsection (a)] to an
254	254	appropriately certified teacher who meets all state and federal
255	255	qualifications to teach that subject and grade.
256	256	(d-2) [(n-1)] In a manner consistent with federal law and
257	257	notwithstanding any other law, the commissioner may waive the
258	258	requirement under Subsection (d-1) [(n)] regarding the assignment
259	259	of a student to an appropriately certified classroom teacher on the
260	260	request of a school district.
261	261	SECTION 8. Section 28.0211(h), Education Code, is
262	262	redesignated as Section 28.0211(e), Education Code, and amended to
263	263	read as follows:
264	264	(e) [(h)] In each instance under this section in which a
265	265	school district is specifically required to provide notice or a
266	266	written copy of a record to a parent or guardian of a student, the
267	267	district shall make a good faith effort to ensure that such notice
268	268	or written copy is provided either in person or by regular mail and
269	269	that the notice or written copy is clear and easy to understand and
270	270	is written in English or the parent or guardian's native language.
271	271	SECTION 9. Section 28.0211, Education Code, is amended by
272	272	adding Subsection (f) to read as follows:
273	273	(f) The commissioner may provide a waiver of the
274	274	requirements under this section for a school district for each
275	275	school year in which at least 60 percent of the students who
276	276	received accelerated instruction during the school year preceding
277	277	the previous school year performed satisfactorily in the subsequent
278	278	school year on the assessment instrument in each subject in which
279	279	the student previously failed to perform satisfactorily. Not later
280	280	than the beginning of each school year, the commissioner shall
281	281	publish a list of school districts that qualify for a waiver under
282	282	this subsection.
283	283	SECTION 10. Sections 28.0211(k) and (l-1), Education Code,
284	284	are redesignated as Sections 28.0211(g) and (g-1), Education Code,
285	285	to read as follows:
286	286	(g) [(k)] The commissioner may adopt rules as necessary to
287	287	implement this section.
288	288	(g-1) [(l-1)] The commissioner may adopt rules requiring a
289	289	school district that receives federal funding under Title I of the
290	290	Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
291	291	6301 et seq.) to use that funding to provide supplemental
292	292	educational services under 20 U.S.C. Section 6316 in conjunction
293	293	with the accelerated instruction provided under this section,
294	294	provided that the rules may not conflict with federal law governing
295	295	the use of that funding.
296	296	SECTION 11. Section 28.0211, Education Code, is amended by
297	297	adding Subsections (h), (h-1), and (h-2) to read as follows:
298	298	(h) Notwithstanding Subsection (a-1), the requirement to
299	299	provide accelerated instruction to a student under Subsection (a-1)
300	300	applies only to a student who fails to perform satisfactorily on:
301	301	(1) for the 2021-2022 and 2022-2023 school years, an
302	302	assessment instrument under Section 39.023 in mathematics or
303	303	reading; and
304	304	(2) for the 2023-2024 school year, an assessment
305	305	instrument under Section 39.023 in mathematics, reading, or social
306	306	studies.
307	307	(h-1) Notwithstanding Subsection (a-4)(6), by an
308	308	affirmative vote of the board of trustees of a school district,
309	309	supplemental instruction may be provided to a student individually
310	310	or, without the authorization of the parent or guardian of each
311	311	student in the group, in a group of not more than:
312	312	(1) 10 students for the 2021-2022 school year; and
313	313	(2) seven students for the 2022-2023 school year.
314	314	(h-2) This subsection and Subsections (h) and (h-1) expire
315	315	September 1, 2024.
316	316	SECTION 12. Subchapter Z, Chapter 29, Education Code, is
317	317	amended by adding Section 29.935 to read as follows:
318	318	Sec. 29.935. SUBSTITUTE TEACHER GRANT PROGRAM. (a) Using
319	319	funds appropriated for the purpose, to address acute substitute
320	320	teacher shortages, the agency shall provide grants to school
321	321	districts and open-enrollment charter schools to offset the costs
322	322	of increasing pay for substitute teachers in an amount not to exceed
323	323	50 percent of the rate of pay offered to substitute teachers by the
324	324	district or school during the preceding school year.
325	325	(b) The agency shall ensure that school districts and
326	326	open-enrollment charter schools receiving grants under Subsection
327	327	(a) provide matching funds in an amount equal to the amount of grant
328	328	funds received.
329	329	SECTION 13. Section 48.005, Education Code, is amended by
330	330	adding Subsection (d-1) to read as follows:
331	331	(d-1) Notwithstanding the limit on the number of
332	332	instructional days for which an adjustment may be provided under
333	333	Subsection (d), the commissioner may provide an adjustment to the
334	334	average daily attendance of a school district for the 2021-2022
335	335	school year based on the continuing COVID-19 pandemic. This
336	336	subsection expires September 1, 2023.
337	337	SECTION 14. Effective September 1, 2022, Subchapter C,
338	338	Chapter 48, Education Code, is amended by adding Section 48.1102 to
339	339	read as follows:
340	340	Sec. 48.1102. ACCELERATED LEARNING AND SUSTAINMENT
341	341	ALLOTMENT. (a) For purposes of this section, a student is a:
342	342	(1) successfully accelerated student if, in the
343	343	preceding school year, the student:
344	344	(A) performs satisfactorily or better on an
345	345	assessment instrument administered under Section 39.023(a); and
346	346	(B) was administered but did not perform
347	347	satisfactorily on the assessment instrument administered under
348	348	Section 39.023(a) for the same subject in the student's preceding
349	349	grade level; and
350	350	(2) sustained accelerated student if, in the preceding
351	351	school year, the student:
352	352	(A) performs at the level determined under
353	353	Section 39.0241(a-1) or the equivalent to determine preparedness
354	354	for the student's next grade level or better on an assessment
355	355	instrument administered under Section 39.023(a);
356	356	(B) performs satisfactorily or better on the
357	357	assessment instrument administered under Section 39.023(a) for the
358	358	same subject in the student's preceding grade level; and
359	359	(C) was administered but did not perform
360	360	satisfactorily on the assessment instrument administered under
361	361	Section 39.023(a) for the grade level and subject preceding the
362	362	assessment described by Paragraph (B).
363	363	(b) For each successfully accelerated student in the
364	364	preceding school year in excess of the minimum number of students
365	365	determined for the district or school under Subsection (d), a
366	366	school district or open-enrollment charter school is entitled to
367	367	the following annual allotment:
368	368	(1) $500 for each student who is not educationally
369	369	disadvantaged; and
370	370	(2) $1,000 for each student who is educationally
371	371	disadvantaged.
372	372	(c) For each sustained accelerated student in the preceding
373	373	school year, a school district or open-enrollment charter school is
374	374	entitled to the following annual allotment:
375	375	(1) $250 for each student who is not educationally
376	376	disadvantaged; and
377	377	(2) $500 for each student who is educationally
378	378	disadvantaged.
379	379	(d) The commissioner shall establish, using a percentile
380	380	determined by the commissioner based on the median performance of
381	381	school districts and open-enrollment charter schools on
382	382	assessments administered under Section 39.023(a) during the
383	383	2017-2018 school year, a threshold percentage of:
384	384	(1) successfully accelerated students who are not
385	385	educationally disadvantaged; and
386	386	(2) successfully accelerated students who are
387	387	educationally disadvantaged.
388	388	(e) Each year, the commissioner shall determine for each
389	389	school district and open-enrollment charter school the minimum
390	390	number of successfully accelerated students the district or school
391	391	must have in order for the district or school to achieve the
392	392	percentage equal to the threshold percentage established for the
393	393	group of students described by Subsection (b).
394	394	(f) The commissioner may modify the threshold percentages
395	395	established under Subsection (d) once every five years if the
396	396	commissioner determines that substantial improvement in the median
397	397	performance of school districts and open-enrollment charter
398	398	schools has occurred.
399	399	SECTION 15. Sections 28.0211(f-5), (o), and (p), Education
400	400	Code, are repealed.
401	401	SECTION 16. Section 28.0211, Education Code, as amended by
402	402	this Act, applies to accelerated instruction provided on or after
403	403	the effective date of this Act, including accelerated instruction
404	404	provided during the 2021-2022 school year.
405	405	SECTION 17. Except as otherwise provided by this Act, this
406	406	Act takes effect immediately if it receives a vote of two-thirds of
407	407	all the members elected to each house, as provided by Section 39,
408	408	Article III, Texas Constitution. If this Act does not receive the
409	409	vote necessary for immediate effect, this Act takes effect on the
410	410	91st day after the last day of the legislative session.