88R5643 JES-F
By: Allen H.B. No. 2570
A BILL TO BE ENTITLED
AN ACT
relating to the provision of accelerated and supplemental
instruction to 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 Subsections (a), (a-1), (a-2), (a-3), (a-4), (a-5), (c),
(f), (f-3), and (n) and adding Subsections (b) and (q) to read as
follows:
(a) Using funds appropriated for the purposes of
accelerated instruction, each time a student fails to [A school
district shall establish an accelerated learning committee
described by Subsection (c) for each student who does not] perform
satisfactorily on an assessment instrument administered [:
[(1) the third grade mathematics or reading assessment
instrument] under Section 39.023(a), the school district in which
the student attends school shall provide to the student accelerated
instruction in the applicable subject area [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) In addition to accelerated instruction provided under
Subsection (a) and subject to Subsection (b), each [Each] time a
student fails to perform satisfactorily on an assessment instrument
administered under Section 39.023(a) in mathematics or reading in
grades three through eight [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-2) Accelerated instruction provided under Subsection (a)
[during the following school year under Subsection (a-1)] may
require participation of the student before or after normal school
hours and may include participation at times of the year outside
normal school operations, including the summer following the school
year in which the student failed to perform satisfactorily on an
assessment instrument.
(a-3) In providing accelerated instruction to a student in
grades three through eight [under Subsection (a-1)], a district may
not remove the [a] student, except under circumstances for which a
student enrolled in the same grade level who is not receiving
accelerated instruction would be removed, from:
(1) instruction in the foundation curriculum and
enrichment curriculum adopted under Section 28.002 for the grade
level in which the student is enrolled; or
(2) recess or other physical activity that is
available to other students enrolled in the same grade level.
(a-4) Supplemental [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;
(4) [(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;]
(5) [(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
(6) [(8)] to the extent possible, be provided by one
person for the entirety of the student's supplemental instruction
period.
(a-5) Each school district shall establish a process
allowing for the parent or guardian of a student who fails to
perform satisfactorily on the third, fifth, or eighth grade
mathematics or reading [an] assessment instrument administered
[specified] under Section 39.023(a) [Subsection (a)] 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.
(b) During each state fiscal biennium, a school district is
only required to implement Subsection (a-1) if the legislature
appropriates sufficient money for the district to provide an
educator to tutor each student reasonably expected to require
supplemental instruction under Subsection (a-1). A school district
may use money appropriated for the purposes of supplemental
instruction to implement Subsection (a-1) in any manner that meets
the requirements of that subsection.
(c) After a student fails to perform satisfactorily on the
third, fifth, or eighth grade mathematics or reading assessment
instrument administered under Section 39.023(a) and fails in the
subsequent school year to perform satisfactorily in the same
subject, the school district shall establish [on an assessment
instrument specified under Subsection (a),] an accelerated
learning committee [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) If an [An] accelerated learning committee is required
[described] by Subsection (c), the committee shall, not later than
the start of the [subsequent] school year[,] following the second
year in which the student does not perform satisfactorily on an
assessment instrument described by Subsection (c):
(1) identify the reason the student did not perform
satisfactorily;
(2) develop an educational plan for the student that
provides the necessary accelerated instruction to enable the
student to perform at the appropriate grade level by the conclusion
of the school year; and
(3) determine if additional resources are required for
that student to ensure that the student performs satisfactorily on
the next administration of the assessment instrument.
(f-3) The board of trustees of each school district shall
adopt a policy [consistent with the grievance procedure adopted
under Section 26.011] to allow the [a] parent of a student to
determine that [contest the content or implementation of] an
educational plan developed under Subsection (f) may not be
implemented for the student.
(n) Except as provided by Subsection (n-1), a student who
fails to perform satisfactorily on an assessment instrument
specified under Subsection (a-5) [(a)] 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-5) [(a)] to an
appropriately certified teacher who meets all state and federal
qualifications to teach that subject and grade.
(q) A school district's determination of the
appropriateness of accelerated or supplemental instruction for a
student under this section is final and does not create a cause of
action.
SECTION 2. Section 28.0217(a), Education Code, is amended
to read as follows:
(a) Using money appropriated for the purposes of
accelerated instruction, each [Each] time a student fails to
perform satisfactorily on an assessment instrument administered
under Section 39.023(c), the school district in which the student
attends school shall provide to the student accelerated instruction
in the applicable subject area.
SECTION 3. Sections 28.0211(f-4), (f-5), (o), and (p),
Education Code, are repealed.
SECTION 4. As soon as practicable after the effective date
of this Act, the board of trustees of a school district shall adopt
a policy as required by Section 28.0211(f-3), Education Code, as
amended by this Act.
SECTION 5. This Act applies beginning with the 2023-2024
school year.
SECTION 6. 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.