Texas 2023 - 88th Regular

Texas House Bill HB2721 Compare Versions

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1	1	88R7914 KJE-D
2	2	By: Dutton H.B. No. 2721
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to accelerated and supplemental instruction provided to
8	8	public school students who fail to achieve satisfactory performance
9	9	on certain assessment instruments and access to criminal history
10	10	record information for certain tutors providing that instruction.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7.010(c), Education Code, is amended to
13	13	read as follows:
14	14	(c) The electronic student records system must permit an
15	15	authorized state or district official or an authorized
16	16	representative of an institution of higher education to
17	17	electronically transfer to and from an educational institution in
18	18	which the student is enrolled and retrieve student transcripts,
19	19	including information concerning a student's:
20	20	(1) course or grade completion;
21	21	(2) teachers of record;
22	22	(3) assessment instrument results;
23	23	(4) receipt of special education services, including
24	24	placement in a special education program and the individualized
25	25	education program developed; and
26	26	(5) personal graduation plan as described by Section
27	27	[28.0212 or] 28.02121[, as applicable].
28	28	SECTION 2. Section 12.104(b), Education Code, as amended by
29	29	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
30	30	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
31	31	Session, 2021, is reenacted and amended to read as follows:
32	32	(b) An open-enrollment charter school is subject to:
33	33	(1) a provision of this title establishing a criminal
34	34	offense;
35	35	(2) the provisions in Chapter 554, Government Code;
36	36	and
37	37	(3) a prohibition, restriction, or requirement, as
38	38	applicable, imposed by this title or a rule adopted under this
39	39	title, relating to:
40	40	(A) the Public Education Information Management
41	41	System (PEIMS) to the extent necessary to monitor compliance with
42	42	this subchapter as determined by the commissioner;
43	43	(B) criminal history records under Subchapter C,
44	44	Chapter 22;
45	45	(C) reading instruments and accelerated reading
46	46	instruction programs under Section 28.006;
47	47	(D) accelerated instruction under Section
48	48	28.0211;
49	49	(E) high school graduation requirements under
50	50	Section 28.025;
51	51	(F) special education programs under Subchapter
52	52	A, Chapter 29;
53	53	(G) bilingual education under Subchapter B,
54	54	Chapter 29;
55	55	(H) prekindergarten programs under Subchapter E
56	56	or E-1, Chapter 29, except class size limits for prekindergarten
57	57	classes imposed under Section 25.112, which do not apply;
58	58	(I) extracurricular activities under Section
59	59	33.081;
60	60	(J) discipline management practices or behavior
61	61	management techniques under Section 37.0021;
62	62	(K) health and safety under Chapter 38;
63	63	(L) the provisions of Subchapter A, Chapter 39;
64	64	(M) public school accountability and special
65	65	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
66	66	39, and Chapter 39A;
67	67	(N) the requirement under Section 21.006 to
68	68	report an educator's misconduct;
69	69	(O) [intensive programs of instruction under
70	70	Section 28.0213;
71	71	[(P)] the right of a school employee to report a
72	72	crime, as provided by Section 37.148;
73	73	(P) [(Q)] bullying prevention policies and
74	74	procedures under Section 37.0832;
75	75	(Q) [(R)] the right of a school under Section
76	76	37.0052 to place a student who has engaged in certain bullying
77	77	behavior in a disciplinary alternative education program or to
78	78	expel the student;
79	79	(R) [(S)] the right under Section 37.0151 to
80	80	report to local law enforcement certain conduct constituting
81	81	assault or harassment;
82	82	(S) [(T)] a parent's right to information
83	83	regarding the provision of assistance for learning difficulties to
84	84	the parent's child as provided by Sections 26.004(b)(11) and
85	85	26.0081(c) and (d);
86	86	(T) [(U)] establishment of residency under
87	87	Section 25.001;
88	88	(U) [(V)] school safety requirements under
89	89	Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
90	90	37.1141, 37.115, 37.207, and 37.2071;
91	91	(V) [(W)] the early childhood literacy and
92	92	mathematics proficiency plans under Section 11.185;
93	93	(W) [(X)] the college, career, and military
94	94	readiness plans under Section 11.186; and
95	95	(X) parental options to retain a student under
96	96	Section 28.02124.
97	97	SECTION 3. Section 12.111(b), Education Code, is amended to
98	98	read as follows:
99	99	(b) A charter holder of an open-enrollment charter school
100	100	shall consider including in the school's charter a requirement that
101	101	the school develop and administer personal graduation plans under
102	102	Section [Sections 28.0212 and] 28.02121.
103	103	SECTION 4. Section 22.0825(b), Education Code, is amended
104	104	to read as follows:
105	105	(b) The agency shall subscribe to the criminal history
106	106	clearinghouse as provided by Section 411.0845, Government Code, and
107	107	may obtain from any law enforcement or criminal justice agency all
108	108	criminal history record information and all records contained in
109	109	any closed criminal investigation file that relate to:
110	110	(1) a specific applicant for employment or current or
111	111	former employee of a school district, district of innovation,
112	112	open-enrollment charter school, other charter entity, regional
113	113	education service center, or shared services arrangement; or
114	114	(2) an individual who provides accelerated or
115	115	supplemental instruction services under Section 28.0211 as a tutor
116	116	on behalf of a service provider.
117	117	SECTION 5. The heading to Section 22.0833, Education Code,
118	118	is amended to read as follows:
119	119	Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
120	120	REVIEW OF NONCERTIFIED EMPLOYEES AND CERTAIN SERVICE PROVIDERS.
121	121	SECTION 6. Section 22.0833(a), Education Code, is amended
122	122	to read as follows:
123	123	(a) This section applies to a person who is not an applicant
124	124	for or holder of a certificate under Subchapter B, Chapter 21, and
125	125	who on or after January 1, 2008:
126	126	(1) [,] is offered employment by:
127	127	(A) [(1)] a school district or open-enrollment
128	128	charter school; or
129	129	(B) [(2)] a shared services arrangement, if the
130	130	employee's or applicant's duties are or will be performed on school
131	131	property or at another location where students are regularly
132	132	present; or
133	133	(2) provides accelerated or supplemental instruction
134	134	services under Section 28.0211 as a tutor on behalf of a service
135	135	provider with whom a school district, open-enrollment charter
136	136	school, or shared services arrangement contracts.
137	137	SECTION 7. Section 22.0834(a-1), Education Code, is amended
138	138	to read as follows:
139	139	(a-1) This section does not apply to a contracting entity,
140	140	subcontracting entity, or other person subject to Section
141	141	22.0833(a)(2) or 22.08341.
142	142	SECTION 8. Section 22.085, Education Code, is amended by
143	143	amending Subsection (c) and adding Subsection (c-1) to read as
144	144	follows:
145	145	(c) A school district, open-enrollment charter school, or
146	146	shared services arrangement may not allow a person [who is an
147	147	employee of or applicant for employment by an entity that contracts
148	148	with the district, school, or shared services arrangement] to serve
149	149	at the district or school or for the shared services arrangement if:
150	150	(1) the person is:
151	151	(A) an employee of or applicant for employment by
152	152	an entity that contracts with the district, school, or shared
153	153	services arrangement; or
154	154	(B) an individual who provides accelerated or
155	155	supplemental instruction services under Section 28.0211 as a tutor
156	156	on behalf of a service provider with whom the district, school, or
157	157	shared services arrangement contracts; and
158	158	(2) the district, school, or shared services
159	159	arrangement obtains information described by Subsection (a)
160	160	through a criminal history record information review concerning the
161	161	person [employee or applicant].
162	162	(c-1) A school district, open-enrollment charter school, or
163	163	shared services arrangement must ensure that an entity that the
164	164	district, school, or shared services arrangement contracts with for
165	165	services has obtained all criminal history record information as
166	166	required by Section 22.0834 or 22.08341.
167	167	SECTION 9. Section 22.092(d), Education Code, is amended to
168	168	read as follows:
169	169	(d) The agency shall provide equivalent access to the
170	170	registry maintained under this section to:
171	171	(1) private schools;
172	172	(2) public schools; [and]
173	173	(3) service providers approved by the agency under
174	174	Section 28.0211(m) for the purpose of vetting individuals to
175	175	provide accelerated or supplemental instruction services as tutors
176	176	under that section; and
177	177	(4) nonprofit teacher organizations approved by the
178	178	commissioner for the purpose of participating in the tutoring
179	179	program established under Section 33.913.
180	180	SECTION 10. The heading to Section 22.093, Education Code,
181	181	is amended to read as follows:
182	182	Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE OR CERTAIN
183	183	SERVICE PROVIDER MISCONDUCT.
184	184	SECTION 11. Sections 22.093(b), (c), (d), (e), (f), (g),
185	185	(j), and (k), Education Code, are amended to read as follows:
186	186	(b) This section applies to a person who:
187	187	(1) is employed by a school district, district of
188	188	innovation, open-enrollment charter school, other charter entity,
189	189	regional education service center, or shared services arrangement
190	190	and [who] does not hold a certification or permit issued under
191	191	Subchapter B, Chapter 21; or
192	192	(2) provides accelerated or supplemental instruction
193	193	services under Section 28.0211 as a tutor on behalf of a service
194	194	provider with whom a school district, open-enrollment charter
195	195	school, or shared services arrangement contracts.
196	196	(c) In addition to the reporting requirement under Section
197	197	261.101, Family Code, the superintendent or director of a school
198	198	district, district of innovation, open-enrollment charter school,
199	199	other charter entity, regional education service center, or shared
200	200	services arrangement shall notify the commissioner if:
201	201	(1) a person's [an employee's] employment or
202	202	contracted services at the school district, district of innovation,
203	203	charter school, other charter entity, service center, or shared
204	204	services arrangement were [was] terminated and there is evidence
205	205	that the person [employee]:
206	206	(A) abused or otherwise committed an unlawful act
207	207	with a student or minor; or
208	208	(B) was involved in a romantic relationship with
209	209	or solicited or engaged in sexual contact with a student or minor;
210	210	or
211	211	(2) the person [employee] resigned or discontinued
212	212	contracted services and there is evidence that the person
213	213	[employee] engaged in misconduct described by Subdivision (1).
214	214	(d) A superintendent or director of a school district,
215	215	district of innovation, open-enrollment charter school, other
216	216	charter entity, regional education service center, or shared
217	217	services arrangement shall complete an investigation of a person
218	218	[an employee] that involves evidence that the person [employee] may
219	219	have engaged in misconduct described by Subsection (c)(1)(A) or
220	220	(B), despite the person's [employee's] resignation from employment
221	221	or discontinuance of contracted services before completion of the
222	222	investigation.
223	223	(e) The principal of a school district, district of
224	224	innovation, open-enrollment charter school, or other charter
225	225	entity campus must notify the superintendent or director of the
226	226	school district, district of innovation, charter school, or other
227	227	charter entity not later than the seventh business day after the
228	228	date of a person's [an employee's] termination of employment, [or]
229	229	resignation, or discontinuance of contracted services following an
230	230	alleged incident of misconduct described by Subsection (c)(1)(A) or
231	231	(B).
232	232	(f) The superintendent or director must notify the
233	233	commissioner by filing a report with the commissioner not later
234	234	than the seventh business day after the date the superintendent or
235	235	director receives a report from a principal under Subsection (e) or
236	236	knew about a person's [an employee's] termination of employment,
237	237	[or] resignation, or discontinuance of contracted services
238	238	following an alleged incident of misconduct described by Subsection
239	239	(c)(1)(A) or (B). The report must be:
240	240	(1) in writing; and
241	241	(2) in a form prescribed by the commissioner.
242	242	(g) The superintendent or director shall notify the board of
243	243	trustees or governing body of the school district, district of
244	244	innovation, open-enrollment charter school, other charter entity,
245	245	regional education service center, or shared services arrangement
246	246	and the person [employee] of the filing of the report required by
247	247	Subsection (f).
248	248	(j) The name of a student or minor who is the victim of abuse
249	249	or unlawful conduct by a person [an employee] must be included in a
250	250	report filed under this section, but the name of the student or
251	251	minor is not public information under Chapter 552, Government Code.
252	252	(k) A superintendent or director required to file a report
253	253	under Subsection (f) commits an offense if the superintendent or
254	254	director fails to file the report by the date required by that
255	255	subsection with intent to conceal a person's [an employee's]
256	256	criminal record or alleged incident of misconduct. A principal
257	257	required to notify a superintendent or director about a person's
258	258	[an employee's] alleged incident of misconduct under Subsection (e)
259	259	commits an offense if the principal fails to provide the notice by
260	260	the date required by that subsection with intent to conceal a
261	261	person's [an employee's] alleged incident of misconduct. An
262	262	offense under this subsection is a state jail felony.
263	263	SECTION 12. The heading to Section 28.0211, Education Code,
264	264	is amended to read as follows:
265	265	Sec. 28.0211. [ACCELERATED LEARNING COMMITTEE;]
266	266	ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
267	267	SECTION 13. Section 28.0211, Education Code, is amended by
268	268	amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (f), (f-1),
269	269	(f-2), (f-3), (h), (i), (j), (k), and (n) and adding Subsections
270	270	(a-7), (a-8), (a-9), (a-10), (b), (i-1), (i-2), (m), and (q) to read
271	271	as follows:
272	272	(a) [A school district shall establish an accelerated
273	273	learning committee described by Subsection (c) for each student who
274	274	does not perform satisfactorily on:
275	275	[(1) the third grade mathematics or reading assessment
276	276	instrument under Section 39.023;
277	277	[(2) the fifth grade mathematics or reading assessment
278	278	instrument under Section 39.023; or
279	279	[(3) the eighth grade mathematics or reading
280	280	assessment instrument under Section 39.023.
281	281	[(a-1)] Each time a student fails to perform satisfactorily
282	282	on an assessment instrument administered under Section 39.023(a) or
283	283	(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or
284	284	on an end-of-course assessment instrument administered under
285	285	Section 39.023(c), the school district in which the student attends
286	286	school shall provide to the student accelerated instruction in the
287	287	applicable subject area during the subsequent summer or school
288	288	year.
289	289	(a-1) Subject to Subsection (a-7), each time a student fails
290	290	to perform satisfactorily on an assessment instrument specified
291	291	under Subsection (a) that is a mathematics or reading assessment
292	292	instrument or the English I, English II, or Algebra I end-of-course
293	293	assessment instrument, the school district in which the student
294	294	attends school shall [and] either:
295	295	(1) allow the student to be assigned a classroom
296	296	teacher who is certified as a master, exemplary, or recognized
297	297	teacher under Section 21.3521 for the subsequent school year in the
298	298	applicable subject area; or
299	299	(2) provide the student supplemental instruction
300	300	under Subsection (a-4).
301	301	(a-2) Accelerated instruction provided during the following
302	302	school year under Subsection (a) [(a-1)] may require participation
303	303	of the student before or after normal school hours.
304	304	(a-3) In providing accelerated instruction under Subsection
305	305	(a) [(a-1)], a district may not remove a student, except under
306	306	circumstances for which a student enrolled in the same grade level
307	307	who is not receiving accelerated instruction would be removed,
308	308	from:
309	309	(1) instruction in the foundation curriculum and
310	310	enrichment curriculum adopted under Section 28.002 for the grade
311	311	level in which the student is enrolled; or
312	312	(2) recess or other physical activity that is
313	313	available to other students enrolled in the same grade level.
314	314	(a-4) If a district receives funding under Section 29.0881
315	315	or 48.104, the Coronavirus Response and Relief Supplemental
316	316	Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the
317	317	American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then
318	318	supplemental instruction provided by a school district under
319	319	Subsection (a-1)(2) must:
320	320	(1) include targeted instruction in the essential
321	321	knowledge and skills for the applicable grade levels and subject
322	322	area;
323	323	(2) be provided in addition to instruction normally
324	324	provided to students in the grade level in which the student is
325	325	enrolled;
326	326	(3) be provided [for no less than 30 total hours]
327	327	during the subsequent summer or school year:
328	328	(A) to each student for no less than 15 hours;
329	329	(B) for an average of no less than 30 hours per
330	330	student for all students receiving supplemental instruction; and
331	331	(C) [,] unless the instruction is provided to a
332	332	student fully during summer, [include instruction] no less than
333	333	once per week during the school year, except as otherwise provided
334	334	by commissioner rule to account for school holidays or shortened
335	335	school weeks;
336	336	(4) be designed to assist the student in achieving
337	337	satisfactory performance in the applicable grade level and subject
338	338	area;
339	339	(5) include effective instructional materials
340	340	designed for supplemental instruction;
341	341	(6) be provided to a student individually or in a group
342	342	of no more than four [three] students, unless the parent or guardian
343	343	of each student in the group authorizes a larger group;
344	344	(7) be provided by a person with training in the
345	345	applicable instructional materials for the supplemental
346	346	instruction and under the oversight of the school district; and
347	347	(8) to the extent possible, be provided by one person
348	348	for the entirety of the student's supplemental instruction period.
349	349	(a-7) A school district is not required to provide
350	350	supplemental instruction under Subsection (a-1)(2) to a student who
351	351	is retained at a grade level for the school year in which that
352	352	provision would otherwise apply.
353	353	(a-8) A parent or guardian of a student to whom supplemental
354	354	instruction will be provided under Subsection (a-1)(2) and who
355	355	either was administered and failed to perform satisfactorily on an
356	356	assessment instrument described by Subsection (a) or was
357	357	administered a beginning-of-year assessment instrument aligned
358	358	with the essential knowledge and skills for the applicable subject
359	359	area may elect to reduce or remove a requirement for that
360	360	instruction under Subsection (a-4) by submitting a written request
361	361	to the school district. A school district may not encourage or
362	362	direct a parent or guardian to make an election under this
363	363	subsection that would allow the district to not provide
364	364	supplemental instruction to the student.
365	365	(a-9) The agency shall approve an automated or computerized
366	366	method for providing supplemental instruction under Subsection
367	367	(a-1)(2) that may be used in lieu of some or all of the individual or
368	368	group instruction required under Subsection (a-4)(6), as
369	369	appropriate for the applicable grade level and subject area and a
370	370	student's academic deficiency. The agency may approve a method
371	371	under this subsection only if evidence indicates that the method is
372	372	as effective as or more effective than the individual or group
373	373	instruction required under Subsection (a-4)(6) and the method
374	374	provides individualized and immediate tutoring support to students
375	375	as necessary. The commissioner shall adopt rules regarding when a
376	376	method approved under this subsection may be used and the
377	377	requirements under Subsection (a-4) for which the method may be
378	378	substituted.
379	379	(a-10) A school district that is required to provide to a
380	380	student accelerated instruction under Subsection (a) or
381	381	supplemental instruction under Subsection (a-1)(2) is not required
382	382	to provide additional instruction under either subsection to the
383	383	student based on the student's failure to perform satisfactorily on
384	384	an assessment instrument administered as an optional assessment in
385	385	the same subject area in which the district is required to provide
386	386	the student the accelerated or supplemental instruction.
387	387	(b) For each student who does not perform satisfactorily on
388	388	an assessment instrument described by Subsection (a-1) for two or
389	389	more consecutive school years, the school district the student
390	390	attends shall develop an accelerated education plan as described by
391	391	Subsection (f).
392	392	(f) Not [An accelerated learning committee described by
393	393	Subsection (c) shall, not] later than the start of the subsequent
394	394	school year, a school district shall develop an accelerated
395	395	education [educational] plan for each [the] student to whom
396	396	Subsection (b) applies that provides the necessary accelerated
397	397	instruction to enable the student to perform at the appropriate
398	398	grade or course level by the conclusion of the school year. The
399	399	plan:
400	400	(1) must:
401	401	(A) identify the reason the student did not
402	402	perform satisfactorily on the applicable assessment instrument
403	403	described by Subsection (a-1); and
404	404	(B) notwithstanding Subsections (a-4)(3)(A) and
405	405	(B), require the student to be provided with no less than 30 hours,
406	406	or a greater number of hours if appropriate, of supplemental
407	407	instruction under Subsection (a-4) for each consecutive school year
408	408	in which the student does not perform satisfactorily on the
409	409	assessment instrument in the applicable subject area described by
410	410	Subsection (a-1); and
411	411	(2) may require that, as appropriate to ensure the
412	412	student performs satisfactorily on the assessment instrument in the
413	413	applicable subject area described by Subsection (a-1) at the next
414	414	administration of the assessment instrument:
415	415	(A) notwithstanding Subsection (a-4)(6), the
416	416	student be provided supplemental instruction under Subsection
417	417	(a-4) individually or in a group of fewer than four students;
418	418	(B) the district expand the times in which
419	419	supplemental instruction under Subsection (a-4) is available to the
420	420	student;
421	421	(C) the student be assigned for the school year
422	422	to a specific teacher who is better able to provide accelerated
423	423	instruction; and
424	424	(D) the district provide any necessary
425	425	additional resources to the student.
426	426	(f-1) The accelerated education [educational] plan under
427	427	Subsection (f) must be documented in writing, and a copy must be
428	428	provided to the student's parent or guardian.
429	429	(f-2) During the school year, the student shall be monitored
430	430	to ensure that the student is progressing in accordance with the
431	431	accelerated education plan developed under Subsection (f). The
432	432	district shall administer to the student the assessment instrument
433	433	for the grade level in which the student is placed at the time the
434	434	district regularly administers the assessment instruments for that
435	435	school year.
436	436	(f-3) The board of trustees of each school district shall
437	437	adopt a policy consistent with the grievance procedure adopted
438	438	under Section 26.011 to allow a parent to contest the content or
439	439	implementation of an accelerated education [educational] plan
440	440	developed under Subsection (f).
441	441	(h) In each instance under this section in which a school
442	442	district is specifically required to provide notice or a written
443	443	copy to a parent or guardian of a student, the district shall make a
444	444	good faith effort to ensure that such notice or copy is provided
445	445	either in person or by regular mail or e-mail and that the notice or
446	446	copy is clear and easy to understand and is written in English or
447	447	the parent or guardian's native language.
448	448	(i) The admission, review, and dismissal committee of a
449	449	student who participates in a district's special education program
450	450	under Subchapter A, Chapter 29, and who does not perform
451	451	satisfactorily on an assessment instrument specified under
452	452	Subsection (a) [and administered under Section 39.023(a) or (b)]
453	453	must [meet to] determine the manner in which the student will
454	454	participate in an accelerated instruction program under this
455	455	section. For a student for whom the committee determines
456	456	participation in the required model for supplemental instruction
457	457	under Subsection (a-4) is not appropriate, the committee must
458	458	review the student's individualized education plan and adjust the
459	459	plan as appropriate to target the areas in which the student did not
460	460	perform satisfactorily on the assessment instrument.
461	461	(i-1) If a student who attends school in a homebound or
462	462	other off-campus instructional arrangement is unable to
463	463	participate in an accelerated instruction program required under
464	464	this section due to the nature of the student's circumstance, the
465	465	student's admission, review, and dismissal committee or committee
466	466	established under Section 504, Rehabilitation Act of 1973 (29
467	467	U.S.C. Section 794), as applicable, may determine that the student
468	468	may be provided the accelerated instruction when the student
469	469	attends school in an on-campus instructional setting. If the
470	470	student's circumstance prevents the student from attending school
471	471	in an on-campus instructional setting for the school year during
472	472	which the accelerated instruction is required to be provided to the
473	473	student, the school district is not required to provide the
474	474	accelerated instruction to the student for that school year.
475	475	(i-2) The admission, review, and dismissal committee of a
476	476	student who participates in a district's special education program
477	477	under Subchapter A, Chapter 29, and for whom an accelerated
478	478	education plan is required under Subsection (b) shall develop the
479	479	accelerated education plan for the student and must determine the
480	480	manner in which the student will participate in an accelerated
481	481	instruction program under this section. To the extent consistent
482	482	with federal law, the accelerated education plan may not be
483	483	considered to be part of the student's individualized education
484	484	program and is not subject to the requirements of Section 29.005 or
485	485	20 U.S.C. Section 1414(d) relating to the development of an
486	486	individualized education program. A parent or guardian of a
487	487	student for whom an accelerated education plan is developed under
488	488	this subsection may contest the content or implementation of the
489	489	plan only through the grievance procedure adopted under Subsection
490	490	(f-3).
491	491	(j) A school district or open-enrollment charter school
492	492	shall provide students required to attend accelerated programs
493	493	under this section with transportation to those programs if the
494	494	programs occur outside of regular school hours, unless the district
495	495	or school does not operate, or contract or agree with another entity
496	496	to operate, a transportation system.
497	497	(k) The commissioner may adopt rules as necessary to
498	498	implement this section, including rules for required reporting
499	499	necessary to support student transfers.
500	500	(m) The agency shall establish and maintain a list of
501	501	service providers approved by the agency to provide accelerated or
502	502	supplemental instruction services under this section. Section
503	503	44.031(a) does not apply to a contract entered into by a school
504	504	district with an approved service provider for accelerated or
505	505	supplemental instruction services under this section.
506	506	(n) Except as requested under Subsection (a-5) or provided
507	507	by Subsection (n-1), a student for whom an accelerated education
508	508	plan must be developed [who fails to perform satisfactorily on an
509	509	assessment instrument specified] under Subsection (b) [(a) and is
510	510	promoted to the next grade level] must be assigned, in each [the
511	511	subsequent] school year and [in each] subject covered by the
512	512	accelerated education plan, [in which the student failed to perform
513	513	satisfactorily on an assessment instrument specified under
514	514	Subsection (a)] to an appropriately certified teacher who meets all
515	515	state and federal qualifications to teach that subject and grade.
516	516	(q) The commissioner may waive the requirements under this
517	517	section for a school year for a school district in which at least 60
518	518	percent of the district's students to whom accelerated instruction
519	519	was required to be provided under Subsection (a) during the school
520	520	year immediately before the preceding school year performed
521	521	satisfactorily in the preceding school year on the assessment
522	522	instrument described by Subsection (a) in each subject area in
523	523	which the district was required to provide accelerated instruction.
524	524	Not later than the beginning of each school year, the commissioner
525	525	shall publish a list of school districts that qualify for a waiver
526	526	under this subsection.
527	527	SECTION 14. Section 29.0881(e), Education Code, is amended
528	528	to read as follows:
529	529	(e) A school district or open-enrollment charter school
530	530	that receives grant funds under this section may use the funds to:
531	531	(1) financially support or train or otherwise prepare
532	532	educators and other staff;
533	533	(2) pay for agreements with other entities to provide
534	534	prekindergarten services; or
535	535	(3) pay for accelerated instruction provided under
536	536	Section 28.0211 [or 28.0217].
537	537	SECTION 15. Section 39.025(b-1), Education Code, is amended
538	538	to read as follows:
539	539	(b-1) A school district shall provide each student who fails
540	540	to perform satisfactorily as determined by the commissioner under
541	541	Section 39.0241(a) on an end-of-course assessment instrument with
542	542	accelerated instruction under Section 28.0211 [28.0217] in the
543	543	subject assessed by the assessment instrument.
544	544	SECTION 16. Section 39.235(b), Education Code, is amended
545	545	to read as follows:
546	546	(b) Before awarding a grant under this section, the
547	547	commissioner may require a campus or school district to:
548	548	(1) obtain local matching funds; or
549	549	(2) meet other conditions, including developing a
550	550	personal graduation plan under Section [28.0212 or] 28.02121[, as
551	551	applicable,] for each student enrolled at the campus or in a
552	552	district [middle, junior high, or] high school.
553	553	SECTION 17. Section 411.0901(a), Government Code, is
554	554	amended to read as follows:
555	555	(a) The Texas Education Agency is entitled to obtain
556	556	criminal history record information maintained by the department
557	557	about a person who:
558	558	(1) is employed or is an applicant for employment by a
559	559	school district or open-enrollment charter school;
560	560	(2) is employed or is an applicant for employment by a
561	561	shared services arrangement, if the employee's or applicant's
562	562	duties are or will be performed on school property or at another
563	563	location where students are regularly present; [or]
564	564	(3) is employed or is an applicant for employment by an
565	565	entity that contracts with a school district, open-enrollment
566	566	charter school, or shared services arrangement if:
567	567	(A) the employee or applicant has or will have
568	568	continuing duties relating to the contracted services; and
569	569	(B) the employee or applicant has or will have
570	570	direct contact with students; or
571	571	(4) provides accelerated or supplemental instruction
572	572	services under Section 28.0211 as a tutor on behalf of a service
573	573	provider.
574	574	SECTION 18. Section 411.097(a), Government Code, is amended
575	575	to read as follows:
576	576	(a) A school district, charter school, private school,
577	577	regional education service center, commercial transportation
578	578	company, or education shared services arrangement, or an entity
579	579	that contracts to provide services to a school district, charter
580	580	school, or shared services arrangement, is entitled to obtain from
581	581	the department criminal history record information maintained by
582	582	the department that the district, school, service center, shared
583	583	services arrangement, or entity is required or authorized to obtain
584	584	under Subchapter C, Chapter 22, Education Code, that relates to a
585	585	person who [is]:
586	586	(1) is an applicant for employment by the district,
587	587	school, service center, or shared services arrangement;
588	588	(2) is an employee of or an applicant for employment
589	589	with a public or commercial transportation company that contracts
590	590	with the district, school, service center, or shared services
591	591	arrangement to provide transportation services if the employee
592	592	drives or the applicant will drive a bus in which students are
593	593	transported or is employed or is seeking employment as a bus monitor
594	594	or bus aide on a bus in which students are transported; [or]
595	595	(3) is an employee of or applicant for employment by
596	596	an entity that contracts to provide services to a school district,
597	597	charter school, or shared services arrangement as provided by
598	598	Section 22.0834 or 22.08341, Education Code; or
599	599	(4) provides accelerated or supplemental instruction
600	600	services under Section 28.0211 as a tutor on behalf of a service
601	601	provider with whom the district, school, service center, or shared
602	602	services arrangement contracts.
603	603	SECTION 19. The following provisions of the Education Code
604	604	are repealed:
605	605	(1) Sections 28.0211(c), (f-4), (f-5), (o), and (p);
606	606	and
607	607	(2) Sections 28.0212, 28.0213, and 28.0217.
608	608	SECTION 20. The changes in law made by this Act to Section
609	609	28.0211, Education Code, apply beginning with assessment
610	610	instruments administered during the 2023 spring semester.
611	611	SECTION 21. The repeal by this Act of Sections 28.0212,
612	612	28.0213, and 28.0217, Education Code, applies beginning with the
613	613	2023-2024 school year.
614	614	SECTION 22. To the extent of any conflict, this Act prevails
615	615	over another Act of the 88th Legislature, Regular Session, 2023,
616	616	relating to nonsubstantive additions to and corrections in enacted
617	617	codes.
618	618	SECTION 23. This Act takes effect immediately if it
619	619	receives a vote of two-thirds of all the members elected to each
620	620	house, as provided by Section 39, Article III, Texas Constitution.
621	621	If this Act does not receive the vote necessary for immediate
622	622	effect, this Act takes effect September 1, 2023.