Texas 2023 - 88th Regular

Texas House Bill HB1983 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1815 MLH-F
2	2	By: Vasut H.B. No. 1983
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the assessment of public school students and the
8	8	provision of accelerated instruction to students who fail to
9	9	achieve satisfactory performance on certain assessment
10	10	instruments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 28.0211(a), (a-1), (a-5), (c), (f-4),
13	13	(i), and (n), Education Code, are amended to read as follows:
14	14	(a) A school district shall establish an accelerated
15	15	learning committee described by Subsection (c) for each student who
16	16	for a second time does not perform satisfactorily on:
17	17	(1) the third grade mathematics or reading assessment
18	18	instrument under Section 39.023;
19	19	(2) the fifth grade mathematics or reading assessment
20	20	instrument under Section 39.023; or
21	21	(3) the eighth grade mathematics or reading assessment
22	22	instrument under Section 39.023.
23	23	(a-1) If [Each time] a student fails to perform
24	24	satisfactorily on an assessment instrument administered under
25	25	Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or
26	26	eighth grade, the school district in which the student attends
27	27	school shall provide to the student one additional opportunity to
28	28	take the assessment instrument before the beginning of the
29	29	subsequent school year. If the student fails to perform
30	30	satisfactorily on the assessment instrument a second time, the
31	31	school district shall provide to the student accelerated
32	32	instruction in the applicable subject area during the subsequent
33	33	summer or school year and either:
34	34	(1) allow the student to be assigned a classroom
35	35	teacher who is certified as a master, exemplary, or recognized
36	36	teacher under Section 21.3521 for the subsequent school year in the
37	37	applicable subject area; or
38	38	(2) provide the student supplemental instruction
39	39	under Subsection (a-4).
40	40	(a-5) Each school district shall establish a process
41	41	allowing for the parent or guardian of a student who fails to
42	42	perform satisfactorily on an assessment instrument specified under
43	43	Subsection (a) a second time to make a request for district
44	44	consideration that the student be assigned to a particular
45	45	classroom teacher in the applicable subject area for the subsequent
46	46	school year, if more than one classroom teacher is available.
47	47	(c) After a student fails to perform satisfactorily on an
48	48	assessment instrument specified under Subsection (a) a second time,
49	49	the school district in which the student attends school shall
50	50	establish an accelerated learning committee for the student [shall
51	51	be established]. The accelerated learning committee shall be
52	52	composed of the principal or the principal's designee, the
53	53	student's parent or guardian, and the teacher of the subject of an
54	54	assessment instrument on which the student failed to perform
55	55	satisfactorily. The district shall notify the parent or guardian
56	56	of the time and place for convening the accelerated learning
57	57	committee and the purpose of the committee.
58	58	(f-4) If a student who fails to perform satisfactorily on an
59	59	assessment instrument specified under Subsection (a) a second time
60	60	fails in the subsequent school year to perform satisfactorily on an
61	61	assessment instrument in the same subject, the superintendent of
62	62	the district, or the superintendent's designee, shall meet with the
63	63	student's accelerated learning committee to:
64	64	(1) identify the reason the student did not perform
65	65	satisfactorily; and
66	66	(2) determine, in order to ensure the student performs
67	67	satisfactorily on the assessment instrument at the next
68	68	administration of the assessment instrument, whether:
69	69	(A) the educational plan developed for the
70	70	student under Subsection (f) must be modified to provide the
71	71	necessary accelerated instruction for that student; and
72	72	(B) any additional resources are required for
73	73	that student.
74	74	(i) The admission, review, and dismissal committee of a
75	75	student who participates in a district's special education program
76	76	under Subchapter A, Chapter 29, and who does not perform
77	77	satisfactorily on an assessment instrument specified under
78	78	Subsection (a) and administered under Section 39.023(a) or (b) a
79	79	second time must meet to determine the manner in which the student
80	80	will participate in an accelerated instruction program under this
81	81	section.
82	82	(n) Except as provided by Subsection (n-1), a student who
83	83	fails to perform satisfactorily on an assessment instrument
84	84	specified under Subsection (a) a second time and is promoted to the
85	85	next grade level must be assigned in the subsequent school year in
86	86	each subject in which the student failed to perform satisfactorily
87	87	on an assessment instrument specified under Subsection (a) a second
88	88	time to an appropriately certified teacher who meets all state and
89	89	federal qualifications to teach that subject and grade.
90	90	SECTION 2. This Act applies beginning with the 2023-2024
91	91	school year.
92	92	SECTION 3. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2023.