Texas 2023 - 88th Regular

Texas House Bill HB2162 Compare Versions

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1	1	By: Dutton, Jetton, et al. H.B. No. 2162
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to reading instruction, assessment instruments, and
7	7	interventions provided to public school students.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Texas Literacy Act.
10	10	SECTION 2. Section 21.044, Education Code, is amended by
11	11	adding Subsection (h) to read as follows:
12	12	(h) An educator preparation program may not include
13	13	instruction in using the reading instruction method of
14	14	three-cueing, as defined by Section 28.0062(a-1).
15	15	SECTION 3. Section 28.006, Education Code, is amended by
16	16	amending Subsections (a), (b), (c), (c-1), (c-2), (c-3), and (j)
17	17	and adding Subsections (a-1), (b-2), (b-3), (b-4), (d-1), (g-3),
18	18	(g-4), (g-5), (g-6), (n), and (o) to read as follows:
19	19	(a) The commissioner shall adopt procedures [develop
20	20	recommendations] for school districts and open-enrollment charter
21	21	schools for:
22	22	(1) administering reading instruments to:
23	23	(A) ensure the results of the reading instruments
24	24	are valid, reliable, and equated;
25	25	(B) diagnose student reading development and
26	26	comprehension; and
27	27	(C) identify students at risk for dyslexia or
28	28	other reading difficulties;
29	29	(2) training educators in administering the reading
30	30	instruments; and
31	31	(3) applying the results of the reading instruments to
32	32	the instructional program and intervention practices.
33	33	(a-1) A school district or open-enrollment charter school
34	34	may not administer a reading instrument to a student more than three
35	35	times during a school year.
36	36	(b) The commissioner shall adopt a comprehensive list of
37	37	reading instruments that a school district or open-enrollment
38	38	charter school shall select from for [may] use in diagnosing [to
39	39	diagnose student] reading development and comprehension for
40	40	students who are enrolled in kindergarten through third grade. A
41	41	reading instrument included on the commissioner's list must include
42	42	the foundational literacy components of phonemic and phonological
43	43	awareness, phonics, vocabulary, fluency, and comprehension. For
44	44	use in diagnosing the reading development and comprehension of
45	45	kindergarten students, the commissioner shall adopt [a]
46	46	multidimensional assessment tools [tool] that include [includes a]
47	47	reading instruments that test [instrument and tests] at least three
48	48	developmental skills, including the foundational literacy
49	49	components. A multidimensional assessment tool administered as
50	50	provided by this subsection is considered to be a reading
51	51	instrument for purposes of this section. A school district or
52	52	open-enrollment charter school [district-level committee
53	53	established under Subchapter F, Chapter 11,] may use other [adopt a
54	54	list of] reading instruments, subject to Subsection (b-4), [for use
55	55	in the district in a grade level other than kindergarten] in
56	56	addition to the reading instruments included on the commissioner's
57	57	list. Each reading instrument included on the list adopted by the
58	58	commissioner or administered by a school district or
59	59	open-enrollment charter school [or a district-level committee]
60	60	must:
61	61	(1) be based on scientific research concerning reading
62	62	skills development and reading comprehension;
63	63	(2) [. A list of reading instruments adopted under
64	64	this subsection must] provide for diagnosing the reading
65	65	development and comprehension of students participating in a
66	66	program under Subchapter B, Chapter 29;
67	67	(3) provide progress monitoring capabilities;
68	68	(4) provide a diagnostic tool to assist teachers in
69	69	developing research-based targeted instruction;
70	70	(5) allow screening of students three times each
71	71	school year;
72	72	(6) assess only foundational literacy components not
73	73	already mastered by the student; and
74	74	(7) assess whether a student needs reading instruction
75	75	intervention.
76	76	(b-2) The commissioner shall include on the commissioner's
77	77	list any reading instrument that is:
78	78	(1) based on scientific research concerning reading
79	79	skills development and reading comprehension; and
80	80	(2) submitted for inclusion on the list under
81	81	Subsection (b-4).
82	82	(b-3) The commissioner shall update the list of reading
83	83	instruments at least once every four years, including
84	84	multidimensional assessment tools authorized under this section.
85	85	(b-4) A school district or open-enrollment charter school
86	86	that uses one or more reading instruments not included on the
87	87	commissioner's list in accordance with Subsection (b) must submit
88	88	the instrument to the commissioner to verify the instrument
89	89	satisfies the requirements of this section. The commissioner shall
90	90	place on the commissioner's list a reading instrument that
91	91	satisfies the requirements of this section.
92	92	(c) Each school district and open-enrollment charter school
93	93	shall administer, at the first and second grade levels, a reading
94	94	instrument that is based on scientific research concerning reading
95	95	skills development and reading comprehension included on the list
96	96	adopted by the commissioner [or by the district-level
97	97	committee]. The district or school shall administer the reading
98	98	instrument in accordance with the commissioner's recommendations
99	99	under Subsection (a)(1).
100	100	(c-1) Each school district and open-enrollment charter
101	101	school shall administer at the beginning of the seventh grade a
102	102	reading instrument included on the list adopted by the commissioner
103	103	to each student whose performance on the assessment instrument in
104	104	reading administered under Section 39.023(a) to the student in
105	105	grade six did not demonstrate reading proficiency, as determined by
106	106	the commissioner. The district or school shall administer the
107	107	reading instrument in accordance with the commissioner's policies
108	108	adopted [recommendations] under Subsection (a)(1).
109	109	(c-2) Each school district and open-enrollment charter
110	110	school shall administer at the kindergarten level a reading
111	111	instrument included on the list adopted by the commissioner [under
112	112	Subsection (b) or approved by the commissioner under Subsection
113	113	(b-1)]. The district or school shall administer the reading
114	114	instrument in accordance with the commissioner's policies adopted
115	115	[recommendations] under Subsection (a)(1).
116	116	(c-3) The commissioner by rule shall determine the
117	117	performance on a [the] reading instrument adopted under Subsection
118	118	(b) that indicates kindergarten readiness.
119	119	(d-1) The commissioner shall prominently display on the
120	120	agency's Internet website information regarding the commissioner's
121	121	list of reading instruments maintained under this section and the
122	122	process for applying for inclusion on the list, as provided by
123	123	agency rule adopted under Subsection (n).
124	124	(g-3) A school district or open-enrollment charter school
125	125	shall provide reading intervention to each student in kindergarten
126	126	through grade three who is determined to need reading intervention
127	127	using an assessment administered in accordance with Subsection (b).
128	128	The school district shall continue to offer a student reading
129	129	intervention until the student achieves satisfactory performance
130	130	on a reading instrument. A reading intervention program offered
131	131	under this subsection must:
132	132	(1) include targeted instruction to improve the
133	133	student's reading skills in the relevant areas identified through
134	134	the assessment instrument;
135	135	(2) monitor the progress of the student's reading
136	136	skills throughout the school year;
137	137	(3) be implemented during regular school hours and in
138	138	addition to core instruction;
139	139	(4) use high-quality instructional materials,
140	140	curricula, and curricular tools that are research based and
141	141	effective for early childhood literacy intervention; and
142	142	(5) be provided by a teacher who has attended a
143	143	literacy achievement academy provided under Section 21.4552.
144	144	(g-4) In providing reading intervention under Subsection
145	145	(g-3), a school district or open-enrollment charter school may not
146	146	remove a student, except under circumstances for which a student
147	147	enrolled in the same grade level who is not receiving reading
148	148	intervention would be removed, from:
149	149	(1) instruction in the foundation curriculum and
150	150	enrichment curriculum adopted under Section 28.002 for the grade
151	151	level in which the student is enrolled; or
152	152	(2) recess or other physical activity that is
153	153	available to other students enrolled in the same grade level.
154	154	(g-5) In addition to the report required under Subsection
155	155	(d)(2), a school district or open-enrollment charter school shall
156	156	notify the parent or guardian of each student in kindergarten
157	157	through grade three who is determined to need reading intervention.
158	158	The notification must:
159	159	(1) be distributed not later than the 30th day after
160	160	the date the result of the reading instrument indicating that the
161	161	student needs intervention is available;
162	162	(2) describe the current reading services the district
163	163	or school provides to the student;
164	164	(3) describe the reading interventions that will be
165	165	provided to the student to ensure the student will meet or exceed
166	166	grade-level reading standards; and
167	167	(4) include high-quality resources for the parent or
168	168	guardian of the student to use at home to help the student succeed
169	169	at reading.
170	170	(g-6) From funds appropriated for teacher literacy
171	171	achievement academies developed under Section 21.4552, the
172	172	commissioner may, in collaboration with regional education service
173	173	centers, provide assistance to school districts and
174	174	open-enrollment charter schools in complying with the requirements
175	175	of Section 28.0062. The commissioner shall prioritize providing
176	176	assistance under this subsection in school districts with the
177	177	highest rate of students performing below satisfactory levels on
178	178	reading instruments administered under Subsection (b).
179	179	(j) [No more than 15 percent of the funds certified by the
180	180	commissioner under Subsection (i) may be spent on indirect costs.]
181	181	The commissioner shall evaluate the programs that fail to meet the
182	182	standard of performance under Section 39.301(c)(5) and may
183	183	implement interventions or sanctions under Chapter 39A. [The
184	184	commissioner may audit the expenditures of funds appropriated for
185	185	purposes of this section. The use of the funds appropriated for
186	186	purposes of this section shall be verified as part of the district
187	187	audit under Section 44.008.]
188	188	(n) The agency by rule shall provide a process under which a
189	189	school district or open-enrollment charter school may submit an
190	190	application for inclusion of a reading instrument on the
191	191	commissioner's list of reading instruments maintained under this
192	192	section.
193	193	(o) The agency may not use data collected from a reading
194	194	instrument administered under this section in evaluating the
195	195	performance of a school district or campus under Section 39.054.
196	196	SECTION 4. Section 28.0062, Education Code, is amended by
197	197	adding Subsection (a-1) to read as follows:
198	198	(a-1) In this subsection, "three-cueing" means any model,
199	199	including the model referred to as meaning, structure, and visual
200	200	cues (MSV), of teaching a student to read based on meaning,
201	201	structure and syntax, and visual cues or memory. A school district
202	202	or open-enrollment charter school may not include any instruction
203	203	that incorporates three-cueing in the foundational skills reading
204	204	curriculum for kindergarten through third grade.
205	205	SECTION 5. Subchapter A, Chapter 28, Education Code, is
206	206	amended by adding Section 28.0063 to read as follows:
207	207	Sec. 28.0063. SUPPLEMENTAL READING INSTRUCTION FOR CERTAIN
208	208	STUDENTS. (a) A school district or open-enrollment charter school
209	209	shall make available supplemental instruction described by Section
210	210	28.0211(a-4) to address a student's reading deficiency if the
211	211	student's results on both of the reading assessments administered
212	212	under Section 28.006 in two consecutive school years indicate the
213	213	student needs reading intervention.
214	214	(b) A parent or guardian of a student described by
215	215	Subsection (a) may select a tutor from a list of high-quality tutors
216	216	approved by the agency or by the school district or open-enrollment
217	217	charter school the student attends to provide the supplemental
218	218	instruction required under Subsection (a). The district or school
219	219	shall contract directly with the tutor selected, who may be a
220	220	classroom teacher employed at the district or school. A classroom
221	221	teacher selected as a student's tutor is entitled to supplemental
222	222	pay from the district or school. The district or school may not
223	223	provide money under this subsection directly to a parent or
224	224	guardian of a student.
225	225	(c) A school district or open-enrollment charter school
226	226	shall submit to the agency the district's or school's list of
227	227	high-quality tutors and publish the list on the district's or
228	228	school's Internet website.
229	229	(d) A school district or open-enrollment charter school
230	230	that provides a tutor to a student under this section shall continue
231	231	to provide the student any other reading support required of the
232	232	district or school by federal or state law.
233	233	SECTION 6. Section 29.1543, Education Code, is amended to
234	234	read as follows:
235	235	Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
236	236	produce and make available to the public on the agency's Internet
237	237	website annual district and campus-level reports containing
238	238	information from the previous school year on early education in
239	239	school districts and open-enrollment charter schools. A report
240	240	under this section must contain:
241	241	(1) the information required by Section 29.1532(c) to
242	242	be reported through the Public Education Information Management
243	243	System (PEIMS);
244	244	(2) a description of any [the] diagnostic reading
245	245	instruments administered as provided by Section 28.006 [in
246	246	accordance with Section 28.006(c) or (c-2)];
247	247	(3) the number of students who were administered a
248	248	diagnostic reading instrument administered as provided by Section
249	249	28.006 [in accordance with Section 28.006(c) or (c-2)];
250	250	(4) the number of students whose scores from a
251	251	diagnostic reading instrument administered as provided by Section
252	252	28.006 [in accordance with Section 28.006(c) or (c-2)] indicate
253	253	reading proficiency;
254	254	(5) the number of kindergarten students who were
255	255	enrolled in a prekindergarten program in the previous school year
256	256	in the same district or school as the district or school in which
257	257	the student attends kindergarten;
258	258	(6) the number and percentage of students who perform
259	259	satisfactorily on the third grade reading or mathematics assessment
260	260	instrument administered under Section 39.023, disaggregated by
261	261	whether the student was eligible for free prekindergarten under
262	262	Section 29.153;
263	263	(7) the number of students described by Subdivision
264	264	(6) who attended kindergarten in the district, disaggregated by:
265	265	(A) whether the student met the kindergarten
266	266	readiness standard on a [the] reading instrument adopted under
267	267	Section 28.006;
268	268	(B) whether the student attended prekindergarten
269	269	in the district; and
270	270	(C) the type of prekindergarten the student
271	271	attended, if applicable; and
272	272	(8) the information described by Subdivisions (6) and
273	273	(7) disaggregated by whether the student is educationally
274	274	disadvantaged.
275	275	SECTION 7. Section 28.006(b-1), Education Code, is
276	276	repealed.
277	277	SECTION 8. This Act applies beginning with the 2023-2024
278	278	school year.
279	279	SECTION 9. This Act takes effect immediately if it receives
280	280	a vote of two-thirds of all the members elected to each house, as
281	281	provided by Section 39, Article III, Texas Constitution. If this
282	282	Act does not receive the vote necessary for immediate effect, this
283	283	Act takes effect September 1, 2023.