88R3169 MEW-F
By: Metcalf H.B. No. 2031
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. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [ACCELERATED LEARNING COMMITTEE;]
ACCELERATED INSTRUCTION[; MODIFIED TEACHER ASSIGNMENT].
SECTION 2. Sections 28.0211(a-1), (a-4), (g), and (i),
Education Code, are amended 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 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-4) If a district receives funding under Section 29.0881,
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)(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 for no less than 30 total hours during
the subsequent summer or school year and, unless the instruction is
provided 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 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.
(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 Subsection (a-1) [(a)].
(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-1) [(a)] and administered under Section 39.023(a) or
(b) must meet to determine the manner in which the student will
participate in an accelerated instruction program under this
section.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsections (a), (c), and (c-2) and adding Subsection (q)
to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, mathematics, [social
studies,] and science. Except as provided by Subsection (a-2), all
students, other than students assessed under Subsection (b) or (l)
or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
(3) [social studies, in grade eight;
[(4)] science, in grades five and eight; and
(4) [(5)] any other subject and grade required by
federal law.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in reading, mathematics,
and science only as necessary to comply with the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
only as necessary to meet the minimum requirements of that Act
[Algebra I, biology, English I, English II, and United States
history. The Algebra I end-of-course assessment instrument must
be administered with the aid of technology, but may include one or
more parts that prohibit the use of technology. The English I and
English II end-of-course assessment instruments must each assess
essential knowledge and skills in both reading and writing and must
provide a single score]. A school district shall comply with State
Board of Education rules regarding administration of the assessment
instruments adopted under [listed in] this subsection. If a
student is in a special education program under Subchapter A,
Chapter 29, the student's admission, review, and dismissal
committee shall determine whether any allowable modification is
necessary in administering to the student an assessment instrument
required under this subsection. The State Board of Education shall
administer the assessment instruments. An end-of-course
assessment instrument may be administered in multiple parts over
more than one day. The State Board of Education shall adopt a
schedule for the administration of end-of-course assessment
instruments that complies with the requirements of Subsection
(c-3).
(c-2) The agency may adopt end-of-course assessment
instruments for courses for which end-of-course assessment
instruments are not adopted under [not listed in] Subsection
(c). A student's performance on an end-of-course assessment
instrument adopted under this subsection is not subject to the
performance requirements established under Subsection (c) or
Section 39.025.
(q) Notwithstanding any provision of this section or other
law, if changes made to the Every Student Succeeds Act (20 U.S.C.
Section 6301 et seq.) reduce the number or frequency of assessment
instruments required to be administered to students, the State
Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
SECTION 4. Section 39.025(a-1), Education Code, is amended
to read as follows:
(a-1) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who satisfies the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.334 on an assessment instrument designated
by the coordinating board under that section administered at the
end of the college preparatory mathematics or English language arts
course satisfies the requirements concerning and is exempt from the
administration of the mathematics or reading [Algebra I or the
English I and English II] end-of-course assessment instrument
[instruments], as applicable, [as prescribed by Section
39.023(c),] even if the student did not perform satisfactorily on a
previous administration of the applicable end-of-course assessment
instrument. A student who fails to perform satisfactorily on the
assessment instrument designated by the coordinating board under
Section 51.334 administered as provided by this subsection may
retake that assessment instrument for purposes of this subsection
or may take the appropriate end-of-course assessment instrument.
SECTION 5. Section 39.203(c), Education Code, is amended to
read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in reading [English language arts],
mathematics, or science[, or social studies].
SECTION 6. The following provisions of the Education Code
are repealed:
(1) Sections 28.0211(a), (a-5), (c), (f), (f-1),
(f-2), (f-3), (f-4), (f-5), (n), and (n-1); and
(2) Section 39.023(c-9).
SECTION 7. This Act applies beginning with the 2023-2024
school year.
SECTION 8. 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.