87S30102 MEW-D
By: Huberty H.B. No. 131
A BILL TO BE ENTITLED
AN ACT
relating to providing accelerated instruction for certain public
school students, a substitute teacher grant program, the
calculation of average daily attendance of public school students,
and an accelerated learning and sustainment allotment under the
foundation school program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.0211, Education Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) A school district shall ensure that curricular and
instructional systems established by the district provide
instruction to all students that:
(1) is consistently aligned with grade-level
essential knowledge and skills; and
(2) strategically and timely addresses deficiencies
in prerequisite essential knowledge and skills required for each
grade level.
(b) A school district shall establish an accelerated
learning committee described by Subsection (b-1) [(c)] for each
student who does not perform satisfactorily on:
(1) the third grade mathematics or reading assessment
instrument under Section 39.023; or
(2) the fourth, fifth, sixth, seventh, or eighth grade
mathematics or reading assessment instrument under Section 39.023
in the school year following a school year in which the student did
not perform satisfactorily in the same subject on the assessment
instrument[; or
[(3) the eighth grade mathematics or reading
assessment instrument under Section 39.023].
SECTION 2. Section 28.0211, Education Code, is amended by
amending Subsections (a-1), (a-4), and (a-5) and adding Subsections
(a-7), (a-8), and (a-9) to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
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:
(1) provide to the student accelerated instruction in
the applicable subject area during the subsequent summer or school
year;
(2) provide the student's parent or guardian the
option under Subsection (a-5) to request that the student be
assigned to a particular classroom teacher; and
(3) either:
(A) [(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
(B) [(2)] provide the student supplemental
instruction under Subsection (a-4).
(a-4) If a district receives funding under Section 29.0881,
48.104, or 48.1102, 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)(3)(B) [(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:
(A) to each student for no less than 15 [30 total]
hours for that school year;
(B) for an average of no less than 30 hours per
student for all students receiving supplemental instruction that
school year;
(C) during the subsequent summer or school year;
and
(D) [,] unless the instruction is provided to a
student 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-5) Each school district shall establish a process
allowing for the parent or guardian of a student who fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a-1) [(a)] to make a request for district consideration
that the student be assigned to a particular classroom teacher in
the applicable subject area for the subsequent school year, if more
than one classroom teacher is available.
(a-7) A parent or guardian of a student who is provided
supplemental instruction under Subsection (a-1)(3)(B) by the
school district may decrease or remove a requirement of the
supplemental instruction provided under Subsection (a-4) for the
student by submitting a written request to the district. A district
may not encourage or otherwise direct a parent or guardian to act
under this subsection in a manner that allows the district to avoid
providing the student with the benefit of supplemental instruction.
(a-8) If a student in a homebound or other off-campus
instructional arrangement is unable to participate in an
accelerated instruction program due to the nature of the student's
medical condition, the student's admission, review, and dismissal
committee, if the student receives special education services under
Subchapter A, Chapter 29, or the committee established for the
student under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794), if the student does not receive special education
services under Subchapter A, Chapter 29, may determine that the
student will be provided the accelerated instruction when the
student returns to campus from the homebound or other off-campus
setting. If the student's medical condition prevents the student
from returning to campus during the current school year, the school
district is not required to provide the accelerated instruction to
the student during the subsequent school year.
(a-9) For a student retained at a grade level in which the
student's performance requires the school district to provide
accelerated instruction under Subsection (a-1), the requirements
for supplemental instruction described by Subsection (a-4) do not
apply to any supplemental instruction provided to that student.
SECTION 3. Section 28.0211(c), Education Code, is
redesignated as Sections 28.0211(b-1) and (b-2), Education Code,
and amended to read as follows:
(b-1) [(c)] After a student fails to perform satisfactorily
on an assessment instrument as described by [specified under]
Subsection (b) [(a)], an accelerated learning committee shall be
established. The accelerated learning committee shall be composed
of at least:
(1) the principal or the principal's designee from the
campus at which the student most recently failed to perform
satisfactorily and, if different, the campus at which the student
will be provided accelerated instruction;
(2) [,] the student's parent or guardian;
(3) [, and] the teacher of each [the] subject of an
assessment instrument for [on] which the student's performance
required an accelerated learning committee to be established under
Subsection (b);
(4) the student's teacher of each subject described by
Subdivision (3) for the following school year; and
(5) a representative of the district authorized to
ensure necessary supports and resources to implement an accelerated
instruction program [student failed to perform satisfactorily].
(b-2) The district shall notify the parent or guardian of
the time and place for convening the accelerated learning committee
and the purpose of the committee.
SECTION 4. Sections 28.0211(f), (f-4), (i), and (j),
Education Code, are redesignated as Sections 28.0211(b-3), (b-4),
(b-5), and (b-6), Education Code, and amended to read as follows:
(b-3) [(f)] An accelerated learning committee described by
Subsection (b-1) [(c)] shall, not later than the start of the
subsequent school year, develop an educational plan for the student
that provides the necessary accelerated instruction to enable the
student to perform at the appropriate grade level by the conclusion
of the school year.
(b-4) In developing the student's educational plan under
Subsection (b-3), [(f-4) If a student who fails to perform
satisfactorily on an assessment instrument specified under
Subsection (a) fails 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 shall
[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, consider [whether]:
(A) increasing the number of hours of
supplemental instruction provided to the student beyond the minimum
number of hours required under Subsection (a-4)(3), including up to
45 hours or more during the school year [the educational plan
developed for the student under Subsection (f) must be modified to
provide the necessary accelerated instruction for that student];
[and]
(B) lowering the student-to-instructor ratio for
supplemental instruction below the maximum group size permitted
under Subsection (a-4)(6), including providing the supplemental
instruction to a student individually;
(C) expanding the scheduled availability of
supplemental instruction during the summer, during regular school
hours, and before or after regular school hours;
(D) assigning the student to a specific teacher
for the subsequent school year who is better able to provide
accelerated instruction; and
(E) providing any additional resources [are]
required for that student.
(b-5) [(i)] The admission, review, and dismissal committee
of a student who participates in a district's special education
program under Subchapter A, Chapter 29, and for whom an accelerated
learning committee is required to be established [who does not
perform satisfactorily on an assessment instrument specified]
under Subsection [(a) and administered under Section 39.023(a) or]
(b) shall serve as the student's accelerated learning committee and
must meet to determine the manner in which the student will
participate in an accelerated instruction program under this
section.
(b-6) [(j)] A school district or open-enrollment charter
school shall provide students required to attend accelerated
programs under this section with transportation to those programs
if the programs occur outside of regular school hours, unless the
district or school or an agent of the district or school does not
operate a district or school transportation system.
SECTION 5. Sections 28.0211(f-1), (f-2), and (f-3),
Education Code, are redesignated as Sections 28.0211(c), (c-1), and
(c-2), Education Code, and amended to read as follows:
(c) [(f-1)] The educational plan under Subsection (b-3)
[(f)] must be documented in writing, and a copy must be provided to
the student's parent or guardian.
(c-1) [(f-2)] During the school year, the student shall be
monitored to ensure that the student is progressing in accordance
with the plan developed under Subsection (b-3) [(f)]. The district
shall administer to the student the assessment instrument for the
grade level in which the student is placed at the time the district
regularly administers the assessment instruments for that school
year.
(c-2) [(f-3)] The board of trustees of each school district
shall adopt a policy consistent with the grievance procedure
adopted under Section 26.011 to allow a parent to contest the
content or implementation of an educational plan developed under
Subsection (b-3) [(f)].
SECTION 6. Section 28.0211, Education Code, is amended by
adding Subsection (c-3) to read as follows:
(c-3) The accelerated instruction plan developed by a
student's admission, review, and dismissal committee under
Subsection (b-5) is not considered to be part of the student's
individualized education program and is not subject to the
requirements of Section 29.005 or 20 U.S.C. Section 1414(d)
relating to the development of a student's individualized education
program. A parent of a student with an individualized education
program who intends to contest the content or implementation of the
plan must follow the grievance policy adopted under Subsection
(c-2).
SECTION 7. Sections 28.0211(g), (n), and (n-1), Education
Code, are redesignated as Sections 28.0211(d), (d-1), and (d-2),
Education Code, and amended to read as follows:
(d) [(g)] This section does not preclude the retention at a
grade level, in accordance with state law or school district
policy, of a student who performs satisfactorily on an assessment
instrument specified under this section [Subsection (a)].
(d-1) [(n)] Except as provided by Subsections (a-5) and
(d-2) [Subsection (n-1)], a student who fails to perform
satisfactorily on an assessment instrument, as described by
Subsection (b), [specified under Subsection (a)] and is promoted to
the next grade level must be assigned in the subsequent school year
in each subject in which the student failed to perform
satisfactorily on an assessment instrument, as described by
Subsection (b), [specified under Subsection (a)] to an
appropriately certified teacher who meets all state and federal
qualifications to teach that subject and grade.
(d-2) [(n-1)] In a manner consistent with federal law and
notwithstanding any other law, the commissioner may waive the
requirement under Subsection (d-1) [(n)] regarding the assignment
of a student to an appropriately certified classroom teacher on the
request of a school district.
SECTION 8. Section 28.0211(h), Education Code, is
redesignated as Section 28.0211(e), Education Code, and amended to
read as follows:
(e) [(h)] In each instance under this section in which a
school district is specifically required to provide notice or a
written copy of a record to a parent or guardian of a student, the
district shall make a good faith effort to ensure that such notice
or written copy is provided either in person or by regular mail and
that the notice or written copy is clear and easy to understand and
is written in English or the parent or guardian's native language.
SECTION 9. Section 28.0211, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The commissioner may provide a waiver of the
requirements under this section 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 10. Sections 28.0211(k) and (l-1), Education Code,
are redesignated as Sections 28.0211(g) and (g-1), Education Code,
to read as follows:
(g) [(k)] The commissioner may adopt rules as necessary to
implement this section.
(g-1) [(l-1)] The commissioner may adopt rules requiring a
school district that receives federal funding under Title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
6301 et seq.) to use that funding to provide supplemental
educational services under 20 U.S.C. Section 6316 in conjunction
with the accelerated instruction provided under this section,
provided that the rules may not conflict with federal law governing
the use of that funding.
SECTION 11. Section 28.0211, Education Code, is amended by
adding Subsections (h), (h-1), and (h-2) to read as follows:
(h) Notwithstanding Subsection (a-1), the requirement to
provide accelerated instruction to a student under Subsection (a-1)
applies only to a student who fails to perform satisfactorily on:
(1) for the 2021-2022 and 2022-2023 school years, an
assessment instrument under Section 39.023 in mathematics or
reading; and
(2) for the 2023-2024 school year, an assessment
instrument under Section 39.023 in mathematics, reading, or social
studies.
(h-1) Notwithstanding Subsection (a-4)(6), by an
affirmative vote of the board of trustees of a school district,
supplemental instruction may be provided to a student individually
or, without the authorization of the parent or guardian of each
student in the group, in a group of not more than:
(1) 10 students for the 2021-2022 school year; and
(2) seven students for the 2022-2023 school year.
(h-2) This subsection and Subsections (h) and (h-1) expire
September 1, 2024.
SECTION 12. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.935 to read as follows:
Sec. 29.935. SUBSTITUTE TEACHER GRANT PROGRAM. (a) Using
funds appropriated for the purpose, to address acute substitute
teacher shortages, the agency shall provide grants to school
districts and open-enrollment charter schools to offset the costs
of increasing pay for substitute teachers in an amount not to exceed
50 percent of the rate of pay offered to substitute teachers by the
district or school during the preceding school year.
(b) The agency shall ensure that school districts and
open-enrollment charter schools receiving grants under Subsection
(a) provide matching funds in an amount equal to the amount of grant
funds received.
SECTION 13. Section 48.005, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) Notwithstanding the limit on the number of
instructional days for which an adjustment may be provided under
Subsection (d), the commissioner may provide an adjustment to the
average daily attendance of a school district for the 2021-2022
school year based on the continuing COVID-19 pandemic. This
subsection expires September 1, 2023.
SECTION 14. Effective September 1, 2022, Subchapter C,
Chapter 48, Education Code, is amended by adding Section 48.1102 to
read as follows:
Sec. 48.1102. ACCELERATED LEARNING AND SUSTAINMENT
ALLOTMENT. (a) For purposes of this section, a student is a:
(1) successfully accelerated student if, in the
preceding school year, the student:
(A) performs satisfactorily or better on an
assessment instrument administered under Section 39.023(a); and
(B) was administered but did not perform
satisfactorily on the assessment instrument administered under
Section 39.023(a) for the same subject in the student's preceding
grade level; and
(2) sustained accelerated student if, in the preceding
school year, the student:
(A) performs at the level determined under
Section 39.0241(a-1) or the equivalent to determine preparedness
for the student's next grade level or better on an assessment
instrument administered under Section 39.023(a);
(B) performs satisfactorily or better on the
assessment instrument administered under Section 39.023(a) for the
same subject in the student's preceding grade level; and
(C) was administered but did not perform
satisfactorily on the assessment instrument administered under
Section 39.023(a) for the grade level and subject preceding the
assessment described by Paragraph (B).
(b) For each successfully accelerated student in the
preceding school year in excess of the minimum number of students
determined for the district or school under Subsection (d), a
school district or open-enrollment charter school is entitled to
the following annual allotment:
(1) $500 for each student who is not educationally
disadvantaged; and
(2) $1,000 for each student who is educationally
disadvantaged.
(c) For each sustained accelerated student in the preceding
school year, a school district or open-enrollment charter school is
entitled to the following annual allotment:
(1) $250 for each student who is not educationally
disadvantaged; and
(2) $500 for each student who is educationally
disadvantaged.
(d) The commissioner shall establish, using a percentile
determined by the commissioner based on the median performance of
school districts and open-enrollment charter schools on
assessments administered under Section 39.023(a) during the
2017-2018 school year, a threshold percentage of:
(1) successfully accelerated students who are not
educationally disadvantaged; and
(2) successfully accelerated students who are
educationally disadvantaged.
(e) Each year, the commissioner shall determine for each
school district and open-enrollment charter school the minimum
number of successfully accelerated students the district or school
must have in order for the district or school to achieve the
percentage equal to the threshold percentage established for the
group of students described by Subsection (b).
(f) The commissioner may modify the threshold percentages
established under Subsection (d) once every five years if the
commissioner determines that substantial improvement in the median
performance of school districts and open-enrollment charter
schools has occurred.
SECTION 15. Sections 28.0211(f-5), (o), and (p), Education
Code, are repealed.
SECTION 16. Section 28.0211, Education Code, as amended by
this Act, applies to accelerated instruction provided on or after
the effective date of this Act, including accelerated instruction
provided during the 2021-2022 school year.
SECTION 17. Except as otherwise provided by this Act, 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.