Texas 2023 - 88th Regular

Texas Senate Bill SB1261 Compare Versions

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1	1	By: Paxton S.B. No. 1261
2	2	(In the Senate - Filed February 27, 2023; March 9, 2023,
3	3	read first time and referred to Committee on Education;
4	4	April 24, 2023, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 12, Nays 0; April 24, 2023,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1261 By: Campbell
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to accelerated instruction provided to public school
14	14	students who fail to achieve satisfactory performance on certain
15	15	assessment instruments.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. The heading to Section 28.0211, Education Code,
18	18	is amended to read as follows:
19	19	Sec. 28.0211. [ACCELERATED LEARNING COMMITTEE;]
20	20	ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
21	21	SECTION 2. Section 28.0211, Education Code, is amended by
22	22	amending Subsections (a), (a-1), (a-4), (a-5), (f), (f-1), (f-2),
23	23	(f-3), (g), (h), (i), (j), (k), and (n) and adding Subsections
24	24	(a-7), (a-8), (a-9), (a-10), (a-11), (a-12), (a-13), (b), (b-1),
25	25	(i-1), (l), (q), and (r) to read as follows:
26	26	(a) To ensure that each student achieves at least
27	27	satisfactory performance on each assessment instrument
28	28	administered under Section 39.023, a [A] school district shall
29	29	ensure that the district's curricular and instructional systems
30	30	provide instruction to all students that:
31	31	(1) is consistently aligned with the essential
32	32	knowledge and skills for the applicable subject area and grade
33	33	level; and
34	34	(2) strategically and timely addresses deficiencies
35	35	in the prerequisite essential knowledge and skills for the
36	36	applicable subject area and grade level [establish an accelerated
37	37	learning committee described by Subsection (c) for each student who
38	38	does not perform satisfactorily on:
39	39	[(1) the third grade mathematics or reading assessment
40	40	instrument under Section 39.023;
41	41	[(2) the fifth grade mathematics or reading assessment
42	42	instrument under Section 39.023; or
43	43	[(3) the eighth grade mathematics or reading
44	44	assessment instrument under Section 39.023].
45	45	(a-1) Each time a student fails to perform satisfactorily on
46	46	an assessment instrument administered under Section 39.023(a) or
47	47	(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or
48	48	an end-of-course assessment instrument administered under Section
49	49	39.023(c), other than an assessment instrument developed or adopted
50	50	based on alternative academic achievement standards, the school
51	51	district in which the student attends school shall provide to the
52	52	student accelerated instruction in the applicable subject area
53	53	during the subsequent summer or school year and, subject to
54	54	Subsection (a-7), either:
55	55	(1) allow the student to be assigned a classroom
56	56	teacher who is certified as a master, exemplary, or recognized
57	57	teacher under Section 21.3521 for the subsequent school year in the
58	58	applicable subject area; or
59	59	(2) provide the student supplemental instruction
60	60	under Subsection (a-4).
61	61	(a-4) If a district receives funding under Section 29.0881
62	62	or 48.104, the Coronavirus Response and Relief Supplemental
63	63	Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the
64	64	American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then
65	65	supplemental instruction provided by a school district under
66	66	Subsection (a-1)(2) must:
67	67	(1) include targeted instruction in the essential
68	68	knowledge and skills for the applicable grade levels and subject
69	69	area;
70	70	(2) be provided in addition to instruction normally
71	71	provided to students in the grade level in which the student is
72	72	enrolled;
73	73	(3) be provided [for no less than 30 total hours]
74	74	during the subsequent summer or school year:
75	75	(A) to each student for no less than:
76	76	(i) 15 hours; or
77	77	(ii) 30 hours for a student whose
78	78	performance on the applicable assessment instrument was
79	79	significantly below satisfactory, as defined by commissioner rule;
80	80	(B) for an average of no less than 30 hours per
81	81	student for all students receiving supplemental instruction; and
82	82	(C) [,] unless the instruction is provided to a
83	83	student fully during summer, [include instruction] no less than
84	84	once per week during the school year, except as otherwise provided
85	85	by commissioner rule to account for school holidays or shortened
86	86	school weeks;
87	87	(4) be designed to assist the student in achieving
88	88	satisfactory performance in the applicable grade level and subject
89	89	area;
90	90	(5) include effective instructional materials
91	91	designed for supplemental instruction;
92	92	(6) be provided to a student individually or in a group
93	93	of no more than four [three] students, unless the parent or guardian
94	94	of each student in the group authorizes a larger group;
95	95	(7) be provided by a person with training in the
96	96	applicable instructional materials for the supplemental
97	97	instruction and under the oversight of the school district; and
98	98	(8) to the extent possible, be provided by one person
99	99	for the entirety of the student's supplemental instruction period.
100	100	(a-5) Each school district shall establish a process
101	101	allowing for the parent or guardian of a student who fails to
102	102	perform satisfactorily on an assessment instrument specified under
103	103	Subsection (a-1) [(a)] to make a request for district consideration
104	104	that the student be assigned to a particular classroom teacher in
105	105	the applicable subject area for the subsequent school year, if more
106	106	than one classroom teacher is available.
107	107	(a-7) The requirements under Subsection (a-1)(1) or (2) do
108	108	not apply to a student who is retained at a grade level for the
109	109	school year in which those requirements would otherwise apply.
110	110	(a-8) A parent or guardian of a student to whom supplemental
111	111	instruction will be provided under Subsection (a-1)(2) and who
112	112	either was administered and failed to perform satisfactorily on an
113	113	assessment instrument specified under Subsection (a-1) or was
114	114	administered a beginning-of-year assessment instrument aligned
115	115	with the essential knowledge and skills for the applicable subject
116	116	area, including a student to whom Subsection (b) applies, may elect
117	117	to reduce or remove a requirement for that instruction under
118	118	Subsection (a-4) by submitting a written request to the school
119	119	district. A school district may not encourage or direct a parent or
120	120	guardian to make an election under this subsection that would allow
121	121	the district to:
122	122	(1) not provide supplemental instruction to the
123	123	student; or
124	124	(2) provide supplemental instruction in a group larger
125	125	than authorized under Subsection (a-4)(6).
126	126	(a-9) A school district is not required to provide
127	127	accelerated instruction under Subsection (a-1) to a student who,
128	128	instead of being administered an assessment instrument specified
129	129	under Subsection (a-1), was administered a substitute assessment
130	130	instrument in accordance with other law or agency rule authorizing
131	131	the use of the substitute assessment instrument for purposes of
132	132	satisfying the requirements concerning the applicable assessment
133	133	instrument under Subsection (a-1).
134	134	(a-10) The agency shall approve one or more automated or
135	135	other augmented methods for providing supplemental instruction
136	136	under Subsection (a-1)(2) that may be used in lieu of some or all of
137	137	the individual or group instruction required under Subsection
138	138	(a-4)(6), as appropriate for the applicable grade level and subject
139	139	area and a student's academic deficiency. The agency may approve a
140	140	method under this subsection only if evidence indicates that the
141	141	method is more effective than the individual or group instruction
142	142	required under Subsection (a-4)(6). The commissioner shall adopt
143	143	rules regarding when a method approved under this subsection may be
144	144	used and the requirements under Subsection (a-4) for which the
145	145	method may be substituted.
146	146	(a-11) For the purpose of providing tutoring services as
147	147	part of the district's accelerated instruction program, a school
148	148	district may use a service provider that is not on a list of service
149	149	providers approved by the agency if the district can demonstrate to
150	150	the commissioner that use of the service provider results in
151	151	measurable improvement in student outcomes.
152	152	(a-12) A school district that is required to provide to a
153	153	student accelerated instruction under Subsection (a-1) or
154	154	supplemental instruction under Subsection (a-1)(2) is not required
155	155	to provide additional instruction under either provision to the
156	156	student based on the student's failure to perform satisfactorily on
157	157	an assessment instrument administered as an optional assessment in
158	158	the same subject area in which the district is required to provide
159	159	the student the accelerated or supplemental instruction.
160	160	(a-13) A school district shall provide to the parent or
161	161	guardian of a student who fails to perform satisfactorily on an
162	162	assessment instrument specified under Subsection (a-1) notice that
163	163	the student is not performing on grade level in the applicable
164	164	subject area. Notwithstanding Subsection (h), the district must
165	165	provide the notice at a parent-teacher conference or, if the
166	166	district is unable to provide the notice at a parent-teacher
167	167	conference, make a good faith effort to provide the notice in
168	168	person. The agency shall develop and provide to school districts a
169	169	model notice in plain language for use under this section.
170	170	(b) For each student who does not perform satisfactorily on
171	171	an assessment instrument specified under Subsection (a-1) for two
172	172	or more consecutive school years, the school district the student
173	173	attends shall develop an accelerated education plan as described by
174	174	Subsection (f).
175	175	(b-1) A school district shall make a good faith attempt to
176	176	provide to the parent or guardian of a student to whom Subsection
177	177	(b) applies a parent-teacher conference with the student's primary
178	178	teacher at the start and end of the subsequent school year. At the
179	179	conference, the district shall provide the student's parent or
180	180	guardian with:
181	181	(1) the notice required under Subsection (a-13); and
182	182	(2) an explanation of:
183	183	(A) the accelerated instruction to which the
184	184	student is entitled under this section; and
185	185	(B) the accelerated education plan that must be
186	186	developed for the student under Subsection (f) and the manner in
187	187	which the parent or guardian may participate in developing the
188	188	plan.
189	189	(f) Not [An accelerated learning committee described by
190	190	Subsection (c) shall, not] later than the start of the subsequent
191	191	school year, a school district shall develop an accelerated
192	192	education [educational] plan for each [the] student to whom
193	193	Subsection (b) applies that provides the necessary accelerated
194	194	instruction to enable the student to perform at the appropriate
195	195	grade level by the conclusion of the school year. The plan:
196	196	(1) must:
197	197	(A) identify the reason the student did not
198	198	perform satisfactorily on the applicable assessment instrument
199	199	specified under Subsection (a-1); and
200	200	(B) notwithstanding Subsections (a-4)(3)(A) and
201	201	(B), require the student to be provided with no less than 30 hours,
202	202	or a greater number of hours if appropriate, of supplemental
203	203	instruction under Subsection (a-4) for each consecutive school year
204	204	in which the student does not perform satisfactorily on the
205	205	assessment instrument in the applicable subject area specified
206	206	under Subsection (a-1); and
207	207	(2) may require that, as appropriate to ensure the
208	208	student performs satisfactorily on the assessment instrument in the
209	209	applicable subject area specified under Subsection (a-1) at the
210	210	next administration of the assessment instrument:
211	211	(A) notwithstanding Subsection (a-4)(6), the
212	212	student be provided supplemental instruction under Subsection
213	213	(a-4) individually or in a group of fewer than four students;
214	214	(B) the district expand the times in which
215	215	supplemental instruction under Subsection (a-4) is available to the
216	216	student;
217	217	(C) the student be assigned for the school year
218	218	to a specific teacher who is better able to provide accelerated
219	219	instruction; and
220	220	(D) the district provide any necessary
221	221	additional resources to the student.
222	222	(f-1) The accelerated education [educational] plan under
223	223	Subsection (f) must be documented in writing, and a copy must be
224	224	provided to the student's parent or guardian.
225	225	(f-2) During the school year, the student shall be monitored
226	226	to ensure that the student is progressing in accordance with the
227	227	accelerated education plan developed under Subsection (f). The
228	228	district shall administer to the student the assessment instrument
229	229	for the grade level in which the student is placed at the time the
230	230	district regularly administers the assessment instruments for that
231	231	school year.
232	232	(f-3) The board of trustees of each school district shall
233	233	adopt a policy consistent with the grievance procedure adopted
234	234	under Section 26.011 to allow a parent to contest the content or
235	235	implementation of an accelerated education [educational] plan
236	236	developed under Subsection (f).
237	237	(g) This section does not preclude the retention at a grade
238	238	level, in accordance with state law or school district policy, of a
239	239	student who performs satisfactorily on an assessment instrument
240	240	specified under Subsection (a-1) [(a)].
241	241	(h) In each instance under this section in which a school
242	242	district is specifically required to provide notice or a written
243	243	copy to a parent or guardian of a student, the district shall make a
244	244	good faith effort to ensure that such notice or copy is provided
245	245	either in person or by regular mail and that the notice or copy is
246	246	clear and easy to understand and is written in English or the parent
247	247	or guardian's native language.
248	248	(i) The admission, review, and dismissal committee of a
249	249	student who participates in a district's special education program
250	250	under Subchapter A, Chapter 29, and who does not perform
251	251	satisfactorily on an assessment instrument specified under
252	252	Subsection (a-1) [(a) and administered under Section 39.023(a) or
253	253	(b)] must [meet to] determine the manner in which the student will
254	254	participate in an accelerated instruction program under this
255	255	section. For a student for whom the committee determines
256	256	participation in the required tutoring model for supplemental
257	257	instruction under Subsection (a-4) is not appropriate, the
258	258	committee must review the student's individualized education plan
259	259	and adjust the plan as appropriate to target the areas in which the
260	260	student did not perform satisfactorily on the assessment
261	261	instrument.
262	262	(i-1) If a student who attends school in a homebound or
263	263	other off-campus instructional arrangement is unable to
264	264	participate in an accelerated instruction program required under
265	265	this section due to the student's medical condition, the school
266	266	district may determine that the student be provided the accelerated
267	267	instruction when the student attends school in an on-campus
268	268	instructional setting. If the student's medical condition prevents
269	269	the student from attending school in an on-campus instructional
270	270	setting for the school year during which the accelerated
271	271	instruction is required to be provided to the student, the district
272	272	is not required to provide the accelerated instruction to the
273	273	student for that school year.
274	274	(j) A school district or open-enrollment charter school
275	275	shall provide students required to attend accelerated programs
276	276	under this section with transportation to those programs if the
277	277	programs occur outside of regular school hours, unless the district
278	278	or school does not operate, or contract or agree with another entity
279	279	to operate, a transportation system.
280	280	(k) The commissioner may adopt rules as necessary to
281	281	implement this section, including rules for required reporting
282	282	necessary to support student transfers.
283	283	(l) The agency shall monitor and evaluate the effectiveness
284	284	of the accelerated instruction required under this section.
285	285	(n) Except as requested under Subsection (a-5) or provided
286	286	by Subsection (n-1), a student for whom an accelerated education
287	287	plan must be developed [who fails to perform satisfactorily on an
288	288	assessment instrument specified] under Subsection (b) [(a) and is
289	289	promoted to the next grade level] must be assigned, in each [the
290	290	subsequent] school year and [in each] subject covered by the
291	291	accelerated education plan, [in which the student failed to perform
292	292	satisfactorily on an assessment instrument specified under
293	293	Subsection (a)] to an appropriately certified teacher who meets all
294	294	state and federal qualifications to teach that subject and grade.
295	295	(q) The commissioner may waive the requirements under this
296	296	section regarding accelerated instruction for a school district for
297	297	each school year in which at least 60 percent of the students who
298	298	received accelerated instruction during the school year
299	299	immediately preceding the previous school year, including at least
300	300	60 percent of students whose performance on the applicable
301	301	assessment instrument was significantly below satisfactory, as
302	302	defined by commissioner rule, performed satisfactorily in the
303	303	previous school year on the assessment instrument in each subject
304	304	in which the student previously failed to perform satisfactorily.
305	305	For purposes of determining whether a school district qualifies for
306	306	a waiver under this subsection, the commissioner shall:
307	307	(1) if a student received accelerated instruction in
308	308	more than one subject during the applicable school year, consider
309	309	the student's performance on the assessment instrument in each
310	310	subject separately from the student's performance on the assessment
311	311	instrument for each other subject; and
312	312	(2) by rule provide that a school district may not
313	313	qualify for a waiver if students who are receiving special
314	314	education services or are educationally disadvantaged are
315	315	overrepresented among the students in the district who received
316	316	accelerated instruction during the school year immediately
317	317	preceding the previous school year and did not perform
318	318	satisfactorily in the previous school year on the assessment
319	319	instrument in each applicable subject.
320	320	(r) Not later than the beginning of each school year, the
321	321	commissioner shall publish a list of school districts that qualify
322	322	for a waiver under Subsection (q).
323	323	SECTION 3. Section 29.0881(e), Education Code, is amended
324	324	to read as follows:
325	325	(e) A school district or open-enrollment charter school
326	326	that receives grant funds under this section may use the funds to:
327	327	(1) financially support or train or otherwise prepare
328	328	educators and other staff;
329	329	(2) pay for agreements with other entities to provide
330	330	prekindergarten services; or
331	331	(3) pay for accelerated instruction provided under
332	332	Section 28.0211 [or 28.0217].
333	333	SECTION 4. Section 39.025(b-1), Education Code, is amended
334	334	to read as follows:
335	335	(b-1) A school district shall provide each student who fails
336	336	to perform satisfactorily as determined by the commissioner under
337	337	Section 39.0241(a) on an end-of-course assessment instrument with
338	338	accelerated instruction under Section 28.0211 [28.0217] in the
339	339	subject assessed by the assessment instrument.
340	340	SECTION 5. The following provisions of the Education Code
341	341	are repealed:
342	342	(1) Sections 28.0211(c), (f-4), and (f-5); and
343	343	(2) Section 28.0217.
344	344	SECTION 6. The changes in law made by this Act to Section
345	345	28.0211, Education Code, apply beginning with assessment
346	346	instruments administered during the 2023 spring semester.
347	347	SECTION 7. The repeal by this Act of Section 28.0217,
348	348	Education Code, applies beginning with the 2023-2024 school year.
349	349	SECTION 8. (a) Notwithstanding any other section of this
350	350	Act, in a state fiscal year, the Texas Education Agency is not
351	351	required to implement a provision found in another section of this
352	352	Act that is drafted as a mandatory provision imposing a duty on the
353	353	agency to take an action unless money is specifically appropriated
354	354	to the agency for that fiscal year to carry out that duty. The Texas
355	355	Education Agency may implement the provision in that fiscal year to
356	356	the extent other funding is available to the agency to do so.
357	357	(b) If, as authorized by Subsection (a) of this section, the
358	358	Texas Education Agency does not implement the mandatory provision
359	359	in a state fiscal year, the agency, in its legislative budget
360	360	request for the next state fiscal biennium, shall certify that fact
361	361	to the Legislative Budget Board and include a written estimate of
362	362	the costs of implementing the provision in each year of that next
363	363	state fiscal biennium.
364	364	(c) This section and the suspension of the Texas Education
365	365	Agency's duty to implement a mandatory provision of this Act, as
366	366	provided by Subsection (a) of this section, expires and the duty to
367	367	implement the mandatory provision resumes on September 1, 2027.
368	368	SECTION 9. This Act takes effect immediately if it receives
369	369	a vote of two-thirds of all the members elected to each house, as
370	370	provided by Section 39, Article III, Texas Constitution. If this
371	371	Act does not receive the vote necessary for immediate effect, this
372	372	Act takes effect September 1, 2023.
373	373	* * * * *