Texas 2023 - 88th Regular

Texas House Bill HB2031 Compare Versions

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1	1	88R3169 MEW-F
2	2	By: Metcalf H.B. No. 2031
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. The heading to Section 28.0211, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 28.0211. [ACCELERATED LEARNING COMMITTEE;]
15	15	ACCELERATED INSTRUCTION[; MODIFIED TEACHER ASSIGNMENT].
16	16	SECTION 2. Sections 28.0211(a-1), (a-4), (g), and (i),
17	17	Education Code, are amended to read as follows:
18	18	(a-1) Each time a student fails to perform satisfactorily on
19	19	an assessment instrument administered under Section 39.023(a) in
20	20	the third, fourth, fifth, sixth, seventh, or eighth grade, the
21	21	school district in which the student attends school shall provide
22	22	to the student accelerated instruction in the applicable subject
23	23	area during the subsequent summer or school year and [either:
24	24	[(1) allow the student to be assigned a classroom
25	25	teacher who is certified as a master, exemplary, or recognized
26	26	teacher under Section 21.3521 for the subsequent school year in the
27	27	applicable subject area; or
28	28	[(2)] provide the student supplemental instruction
29	29	under Subsection (a-4).
30	30	(a-4) If a district receives funding under Section 29.0881,
31	31	the Coronavirus Response and Relief Supplemental Appropriations
32	32	Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
33	33	Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
34	34	provided by a school district [under Subsection (a-1)(2)] must:
35	35	(1) include targeted instruction in the essential
36	36	knowledge and skills for the applicable grade levels and subject
37	37	area;
38	38	(2) be provided in addition to instruction normally
39	39	provided to students in the grade level in which the student is
40	40	enrolled;
41	41	(3) be provided for no less than 30 total hours during
42	42	the subsequent summer or school year and, unless the instruction is
43	43	provided fully during summer, include instruction no less than once
44	44	per week during the school year;
45	45	(4) be designed to assist the student in achieving
46	46	satisfactory performance in the applicable grade level and subject
47	47	area;
48	48	(5) include effective instructional materials
49	49	designed for supplemental instruction;
50	50	(6) be provided to a student individually or in a group
51	51	of no more than three students, unless the parent or guardian of
52	52	each student in the group authorizes a larger group;
53	53	(7) be provided by a person with training in the
54	54	applicable instructional materials for the supplemental
55	55	instruction and under the oversight of the school district; and
56	56	(8) to the extent possible, be provided by one person
57	57	for the entirety of the student's supplemental instruction period.
58	58	(g) This section does not preclude the retention at a grade
59	59	level, in accordance with state law or school district policy, of a
60	60	student who performs satisfactorily on an assessment instrument
61	61	specified under Subsection (a-1) [(a)].
62	62	(i) The admission, review, and dismissal committee of a
63	63	student who participates in a district's special education program
64	64	under Subchapter A, Chapter 29, and who does not perform
65	65	satisfactorily on an assessment instrument specified under
66	66	Subsection (a-1) [(a)] and administered under Section 39.023(a) or
67	67	(b) must meet to determine the manner in which the student will
68	68	participate in an accelerated instruction program under this
69	69	section.
70	70	SECTION 3. Section 39.023, Education Code, is amended by
71	71	amending Subsections (a), (c), and (c-2) and adding Subsection (q)
72	72	to read as follows:
73	73	(a) The agency shall adopt or develop appropriate
74	74	criterion-referenced assessment instruments designed to assess
75	75	essential knowledge and skills in reading, mathematics, [social
76	76	studies,] and science. Except as provided by Subsection (a-2), all
77	77	students, other than students assessed under Subsection (b) or (l)
78	78	or exempted under Section 39.027, shall be assessed in:
79	79	(1) mathematics, annually in grades three through
80	80	eight;
81	81	(2) reading, annually in grades three through eight;
82	82	(3) [social studies, in grade eight;
83	83	[(4)] science, in grades five and eight; and
84	84	(4) [(5)] any other subject and grade required by
85	85	federal law.
86	86	(c) The agency shall also adopt end-of-course assessment
87	87	instruments for secondary-level courses in reading, mathematics,
88	88	and science only as necessary to comply with the Every Student
89	89	Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
90	90	only as necessary to meet the minimum requirements of that Act
91	91	[Algebra I, biology, English I, English II, and United States
92	92	history. The Algebra I end-of-course assessment instrument must
93	93	be administered with the aid of technology, but may include one or
94	94	more parts that prohibit the use of technology. The English I and
95	95	English II end-of-course assessment instruments must each assess
96	96	essential knowledge and skills in both reading and writing and must
97	97	provide a single score]. A school district shall comply with State
98	98	Board of Education rules regarding administration of the assessment
99	99	instruments adopted under [listed in] this subsection. If a
100	100	student is in a special education program under Subchapter A,
101	101	Chapter 29, the student's admission, review, and dismissal
102	102	committee shall determine whether any allowable modification is
103	103	necessary in administering to the student an assessment instrument
104	104	required under this subsection. The State Board of Education shall
105	105	administer the assessment instruments. An end-of-course
106	106	assessment instrument may be administered in multiple parts over
107	107	more than one day. The State Board of Education shall adopt a
108	108	schedule for the administration of end-of-course assessment
109	109	instruments that complies with the requirements of Subsection
110	110	(c-3).
111	111	(c-2) The agency may adopt end-of-course assessment
112	112	instruments for courses for which end-of-course assessment
113	113	instruments are not adopted under [not listed in] Subsection
114	114	(c). A student's performance on an end-of-course assessment
115	115	instrument adopted under this subsection is not subject to the
116	116	performance requirements established under Subsection (c) or
117	117	Section 39.025.
118	118	(q) Notwithstanding any provision of this section or other
119	119	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
120	120	Section 6301 et seq.) reduce the number or frequency of assessment
121	121	instruments required to be administered to students, the State
122	122	Board of Education shall adopt rules reducing the number or
123	123	frequency of assessment instruments administered to students under
124	124	state law, and the commissioner shall ensure that students are not
125	125	assessed in subject areas or in grades that are no longer required
126	126	to meet the minimum requirements of that Act.
127	127	SECTION 4. Section 39.025(a-1), Education Code, is amended
128	128	to read as follows:
129	129	(a-1) A student enrolled in a college preparatory
130	130	mathematics or English language arts course under Section 28.014
131	131	who satisfies the Texas Success Initiative (TSI) college readiness
132	132	benchmarks prescribed by the Texas Higher Education Coordinating
133	133	Board under Section 51.334 on an assessment instrument designated
134	134	by the coordinating board under that section administered at the
135	135	end of the college preparatory mathematics or English language arts
136	136	course satisfies the requirements concerning and is exempt from the
137	137	administration of the mathematics or reading [Algebra I or the
138	138	English I and English II] end-of-course assessment instrument
139	139	[instruments], as applicable, [as prescribed by Section
140	140	39.023(c),] even if the student did not perform satisfactorily on a
141	141	previous administration of the applicable end-of-course assessment
142	142	instrument. A student who fails to perform satisfactorily on the
143	143	assessment instrument designated by the coordinating board under
144	144	Section 51.334 administered as provided by this subsection may
145	145	retake that assessment instrument for purposes of this subsection
146	146	or may take the appropriate end-of-course assessment instrument.
147	147	SECTION 5. Section 39.203(c), Education Code, is amended to
148	148	read as follows:
149	149	(c) In addition to the distinction designations described
150	150	by Subsections (a) and (b), a campus that satisfies the criteria
151	151	developed under Section 39.204 shall be awarded a distinction
152	152	designation by the commissioner for outstanding performance in
153	153	academic achievement in reading [English language arts],
154	154	mathematics, or science[, or social studies].
155	155	SECTION 6. The following provisions of the Education Code
156	156	are repealed:
157	157	(1) Sections 28.0211(a), (a-5), (c), (f), (f-1),
158	158	(f-2), (f-3), (f-4), (f-5), (n), and (n-1); and
159	159	(2) Section 39.023(c-9).
160	160	SECTION 7. This Act applies beginning with the 2023-2024
161	161	school year.
162	162	SECTION 8. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2023.