Texas 2023 - 88th Regular

Texas House Bill HB2570 Compare Versions

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1	1	88R5643 JES-F
2	2	By: Allen H.B. No. 2570
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of accelerated and supplemental
8	8	instruction to public school students who fail to achieve
9	9	satisfactory performance on certain assessment instruments.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.0211, Education Code, is amended by
12	12	amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (a-5), (c),
13	13	(f), (f-3), and (n) and adding Subsections (b) and (q) to read as
14	14	follows:
15	15	(a) Using funds appropriated for the purposes of
16	16	accelerated instruction, each time a student fails to [A school
17	17	district shall establish an accelerated learning committee
18	18	described by Subsection (c) for each student who does not] perform
19	19	satisfactorily on an assessment instrument administered [:
20	20	[(1) the third grade mathematics or reading assessment
21	21	instrument] under Section 39.023(a), the school district in which
22	22	the student attends school shall provide to the student accelerated
23	23	instruction in the applicable subject area [39.023;
24	24	[(2) the fifth grade mathematics or reading assessment
25	25	instrument under Section 39.023; or
26	26	[(3) the eighth grade mathematics or reading
27	27	assessment instrument under Section 39.023].
28	28	(a-1) In addition to accelerated instruction provided under
29	29	Subsection (a) and subject to Subsection (b), each [Each] time a
30	30	student fails to perform satisfactorily on an assessment instrument
31	31	administered under Section 39.023(a) in mathematics or reading in
32	32	grades three through eight [the third, fourth, fifth, sixth,
33	33	seventh, or eighth grade], the school district in which the student
34	34	attends school shall [provide to the student accelerated
35	35	instruction in the applicable subject area during the subsequent
36	36	summer or school year and either]:
37	37	(1) allow the student to be assigned a classroom
38	38	teacher who is certified as a master, exemplary, or recognized
39	39	teacher under Section 21.3521 for the subsequent school year in the
40	40	applicable subject area; or
41	41	(2) provide the student supplemental instruction
42	42	under Subsection (a-4).
43	43	(a-2) Accelerated instruction provided under Subsection (a)
44	44	[during the following school year under Subsection (a-1)] may
45	45	require participation of the student before or after normal school
46	46	hours and may include participation at times of the year outside
47	47	normal school operations, including the summer following the school
48	48	year in which the student failed to perform satisfactorily on an
49	49	assessment instrument.
50	50	(a-3) In providing accelerated instruction to a student in
51	51	grades three through eight [under Subsection (a-1)], a district may
52	52	not remove the [a] student, except under circumstances for which a
53	53	student enrolled in the same grade level who is not receiving
54	54	accelerated instruction would be removed, from:
55	55	(1) instruction in the foundation curriculum and
56	56	enrichment curriculum adopted under Section 28.002 for the grade
57	57	level in which the student is enrolled; or
58	58	(2) recess or other physical activity that is
59	59	available to other students enrolled in the same grade level.
60	60	(a-4) Supplemental [If a district receives funding under
61	61	Section 29.0881, the Coronavirus Response and Relief Supplemental
62	62	Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the
63	63	American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then
64	64	supplemental] instruction provided by a school district under
65	65	Subsection (a-1)(2) must:
66	66	(1) include targeted instruction in the essential
67	67	knowledge and skills for the applicable grade levels and subject
68	68	area;
69	69	(2) be provided in addition to instruction normally
70	70	provided to students in the grade level in which the student is
71	71	enrolled;
72	72	(3) [be provided for no less than 30 total hours during
73	73	the subsequent summer or school year and, unless the instruction is
74	74	provided fully during summer, include instruction no less than once
75	75	per week during the school year;
76	76	[(4)] be designed to assist the student in achieving
77	77	satisfactory performance in the applicable grade level and subject
78	78	area;
79	79	(4) [(5)] include effective instructional materials
80	80	designed for supplemental instruction;
81	81	[(6) be provided to a student individually or in a
82	82	group of no more than three students, unless the parent or guardian
83	83	of each student in the group authorizes a larger group;]
84	84	(5) [(7)] be provided by a person with training in the
85	85	applicable instructional materials for the supplemental
86	86	instruction and under the oversight of the school district; and
87	87	(6) [(8)] to the extent possible, be provided by one
88	88	person for the entirety of the student's supplemental instruction
89	89	period.
90	90	(a-5) Each school district shall establish a process
91	91	allowing for the parent or guardian of a student who fails to
92	92	perform satisfactorily on the third, fifth, or eighth grade
93	93	mathematics or reading [an] assessment instrument administered
94	94	[specified] under Section 39.023(a) [Subsection (a)] to make a
95	95	request for district consideration that the student be assigned to
96	96	a particular classroom teacher in the applicable subject area for
97	97	the subsequent school year, if more than one classroom teacher is
98	98	available.
99	99	(b) During each state fiscal biennium, a school district is
100	100	only required to implement Subsection (a-1) if the legislature
101	101	appropriates sufficient money for the district to provide an
102	102	educator to tutor each student reasonably expected to require
103	103	supplemental instruction under Subsection (a-1). A school district
104	104	may use money appropriated for the purposes of supplemental
105	105	instruction to implement Subsection (a-1) in any manner that meets
106	106	the requirements of that subsection.
107	107	(c) After a student fails to perform satisfactorily on the
108	108	third, fifth, or eighth grade mathematics or reading assessment
109	109	instrument administered under Section 39.023(a) and fails in the
110	110	subsequent school year to perform satisfactorily in the same
111	111	subject, the school district shall establish [on an assessment
112	112	instrument specified under Subsection (a),] an accelerated
113	113	learning committee [shall be established]. The accelerated
114	114	learning committee shall be composed of the principal or the
115	115	principal's designee, the student's parent or guardian, and the
116	116	teacher of the subject of an assessment instrument on which the
117	117	student failed to perform satisfactorily. The district shall
118	118	notify the parent or guardian of the time and place for convening
119	119	the accelerated learning committee and the purpose of the
120	120	committee.
121	121	(f) If an [An] accelerated learning committee is required
122	122	[described] by Subsection (c), the committee shall, not later than
123	123	the start of the [subsequent] school year[,] following the second
124	124	year in which the student does not perform satisfactorily on an
125	125	assessment instrument described by Subsection (c):
126	126	(1) identify the reason the student did not perform
127	127	satisfactorily;
128	128	(2) develop an educational plan for the student that
129	129	provides the necessary accelerated instruction to enable the
130	130	student to perform at the appropriate grade level by the conclusion
131	131	of the school year; and
132	132	(3) determine if additional resources are required for
133	133	that student to ensure that the student performs satisfactorily on
134	134	the next administration of the assessment instrument.
135	135	(f-3) The board of trustees of each school district shall
136	136	adopt a policy [consistent with the grievance procedure adopted
137	137	under Section 26.011] to allow the [a] parent of a student to
138	138	determine that [contest the content or implementation of] an
139	139	educational plan developed under Subsection (f) may not be
140	140	implemented for the student.
141	141	(n) Except as provided by Subsection (n-1), a student who
142	142	fails to perform satisfactorily on an assessment instrument
143	143	specified under Subsection (a-5) [(a)] and is promoted to the next
144	144	grade level must be assigned in the subsequent school year in each
145	145	subject in which the student failed to perform satisfactorily on an
146	146	assessment instrument specified under Subsection (a-5) [(a)] to an
147	147	appropriately certified teacher who meets all state and federal
148	148	qualifications to teach that subject and grade.
149	149	(q) A school district's determination of the
150	150	appropriateness of accelerated or supplemental instruction for a
151	151	student under this section is final and does not create a cause of
152	152	action.
153	153	SECTION 2. Section 28.0217(a), Education Code, is amended
154	154	to read as follows:
155	155	(a) Using money appropriated for the purposes of
156	156	accelerated instruction, each [Each] time a student fails to
157	157	perform satisfactorily on an assessment instrument administered
158	158	under Section 39.023(c), the school district in which the student
159	159	attends school shall provide to the student accelerated instruction
160	160	in the applicable subject area.
161	161	SECTION 3. Sections 28.0211(f-4), (f-5), (o), and (p),
162	162	Education Code, are repealed.
163	163	SECTION 4. As soon as practicable after the effective date
164	164	of this Act, the board of trustees of a school district shall adopt
165	165	a policy as required by Section 28.0211(f-3), Education Code, as
166	166	amended by this Act.
167	167	SECTION 5. This Act applies beginning with the 2023-2024
168	168	school year.
169	169	SECTION 6. This Act takes effect immediately if it receives
170	170	a vote of two-thirds of all the members elected to each house, as
171	171	provided by Section 39, Article III, Texas Constitution. If this
172	172	Act does not receive the vote necessary for immediate effect, this
173	173	Act takes effect September 1, 2023.