88R1815 MLH-F
By: Vasut H.B. No. 1983
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of public school students and the
provision of accelerated instruction to students who fail to
achieve satisfactory performance on certain assessment
instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.0211(a), (a-1), (a-5), (c), (f-4),
(i), and (n), Education Code, are amended to read as follows:
(a) A school district shall establish an accelerated
learning committee described by Subsection (c) for each student who
for a second time does not perform satisfactorily on:
(1) the third grade mathematics or reading assessment
instrument under Section 39.023;
(2) the fifth grade mathematics or reading assessment
instrument under Section 39.023; or
(3) the eighth grade mathematics or reading assessment
instrument under Section 39.023.
(a-1) If [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 provide to the student one additional opportunity to
take the assessment instrument before the beginning of the
subsequent school year. If the student fails to perform
satisfactorily on the assessment instrument a second time, the
school district 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-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) a second time 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.
(c) After a student fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) a second time,
the school district in which the student attends school shall
establish an accelerated learning committee for the student [shall
be established]. The accelerated learning committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. 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.
(f-4) If a student who fails to perform satisfactorily on an
assessment instrument specified under Subsection (a) a second time
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 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.
(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 who does not perform
satisfactorily on an assessment instrument specified under
Subsection (a) and administered under Section 39.023(a) or (b) a
second time must meet to determine the manner in which the student
will participate in an accelerated instruction program under this
section.
(n) Except as provided by Subsection (n-1), a student who
fails to perform satisfactorily on an assessment instrument
specified under Subsection (a) a second time 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 specified under Subsection (a) a second
time to an appropriately certified teacher who meets all state and
federal qualifications to teach that subject and grade.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. 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 September 1, 2023.