88R7206 JES-D
By: Capriglione H.B. No. 2386
A BILL TO BE ENTITLED
AN ACT
relating to supplemental instruction provided for public school
students who fail to achieve satisfactory performance on certain
assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.0211, Education Code, is amended by
amending Subsection (a-4) and adding Subsection (a-7) to read as
follows:
(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 not [no] less than 30 total hours
and not more than 45 total hours during the subsequent summer or
school year, regardless of whether the student fails to perform
satisfactorily on more than one assessment instrument administered
in the same grade level for which the student receives supplemental
instruction, 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.
(a-7) A school district may use virtual instruction to
provide supplemental instruction under Subsection (a-1)(2).
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.