Texas 2023 - 88th Regular

Texas Senate Bill SB2295 Compare Versions

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1	1	88R14461 AMF-D
2	2	By: West S.B. No. 2295
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to accelerated instruction provided for public school
8	8	students who fail to achieve satisfactory performance on certain
9	9	assessment instruments, indicators under the public school
10	10	accountability system, and performance standards in public
11	11	schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28.0211, Education Code, is amended by
14	14	amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (c), (f),
15	15	(f-4), and (o) and adding Subsection (a-7) to read as follows:
16	16	(a) Except as provided by Subsection (a-7), each [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:
20	20	[(1) the third grade mathematics or reading assessment
21	21	instrument under Section 39.023;
22	22	[(2) the fifth grade mathematics or reading assessment
23	23	instrument under Section 39.023; or
24	24	[(3) the eighth grade mathematics or reading
25	25	assessment instrument under Section 39.023.
26	26	[(a-1) Each] time a student fails to perform satisfactorily
27	27	on a mathematics or reading [an] assessment instrument administered
28	28	under Section 39.023(a) in the third, fourth, fifth, sixth, or
29	29	seventh[, or eighth] grade, the school district in which the
30	30	student attends school shall provide to the student, during the
31	31	subsequent summer or school year, accelerated instruction in the
32	32	applicable subject area that includes instruction in the essential
33	33	knowledge and skills the student must master to perform
34	34	satisfactorily on the subsequent assessment instrument for the
35	35	applicable subject area [during the subsequent summer or school
36	36	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-1) A school district is only required to provide
44	44	supplemental instruction under this section if state or federal
45	45	funds are provided or made available for the purpose, including by
46	46	appropriation, under Section 29.0881, under the Coronavirus
47	47	Response and Relief Supplemental Appropriations Act, 2021 (Div. M,
48	48	Pub. L. No. 116-260), or under the American Rescue Plan Act of 2021
49	49	(Pub. L. No. 117-2).
50	50	(a-2) Accelerated instruction provided during the following
51	51	school year under Subsection (a) [(a-1)] may:
52	52	(1) require participation of the student before or
53	53	after normal school hours; and
54	54	(2) be provided during instructional periods in the
55	55	school day designated for supplemental instruction in the
56	56	foundation curriculum and enrichment curriculum adopted under
57	57	Section 28.002 for the grade level in which the student is enrolled.
58	58	(a-3) In providing accelerated instruction under Subsection
59	59	(a) [(a-1)], a district may not remove a student, except under
60	60	circumstances for which a student enrolled in the same grade level
61	61	who is not receiving accelerated instruction would be removed,
62	62	from:
63	63	(1) core instruction in the foundation curriculum and
64	64	enrichment curriculum adopted under Section 28.002 for the grade
65	65	level in which the student is enrolled; or
66	66	(2) recess or other physical activity that is
67	67	available to other students enrolled in the same grade level.
68	68	(a-4) If a district receives funding under Section 29.0881,
69	69	the Coronavirus Response and Relief Supplemental Appropriations
70	70	Act, 2021 (Div. M, Pub. L. No. 116-260), or the American Rescue Plan
71	71	Act of 2021 (Pub. L. No. 117-2), then supplemental instruction
72	72	provided by a school district under Subsection (a) [(a-1)(2)] must:
73	73	(1) include targeted instruction in the essential
74	74	knowledge and skills for the applicable grade levels and subject
75	75	area;
76	76	(2) be provided in addition to instruction normally
77	77	provided to students in the grade level in which the student is
78	78	enrolled;
79	79	(3) be provided according to a schedule the district
80	80	determines is most effective for the student [for no less than 30
81	81	total hours during the subsequent summer or school year and, unless
82	82	the instruction is provided fully during summer, include
83	83	instruction no less than once per week during the school year];
84	84	(4) be designed to assist the student in achieving
85	85	satisfactory performance in the applicable grade level and subject
86	86	area;
87	87	(5) include effective instructional materials
88	88	designed for supplemental instruction;
89	89	(6) be provided to a student individually or in a group
90	90	of no more than five [three] students, unless the parent or guardian
91	91	of each student in the group authorizes a larger group;
92	92	(7) be provided by a person with training in the
93	93	applicable instructional materials for the supplemental
94	94	instruction and under the oversight of the school district; and
95	95	(8) to the extent possible, be provided by one person
96	96	for the entirety of the student's supplemental instruction period.
97	97	(a-7) A school district may not provide accelerated
98	98	instruction under this section to a student if the student's parent
99	99	or guardian submits a written request to exempt the student from the
100	100	instruction.
101	101	(c) An accelerated learning committee shall be established
102	102	after [After] a student fails to perform satisfactorily on an
103	103	assessment instrument specified under Subsection (a) in two
104	104	consecutive school years, an accelerated learning committee shall
105	105	be established. The accelerated learning committee shall be
106	106	composed of the principal or the principal's designee, the
107	107	student's parent or guardian, and the teacher of the subject of an
108	108	assessment instrument on which the student failed to perform
109	109	satisfactorily. The district shall notify the parent or guardian
110	110	of the time and place for convening the accelerated learning
111	111	committee and the purpose of the committee.
112	112	(f) An accelerated learning committee described by
113	113	Subsection (c) shall, not later than the 30th day after the first
114	114	day of the [start of the subsequent] school year in which the
115	115	committee is required to be established, develop an educational
116	116	plan for the student that provides the necessary accelerated
117	117	instruction to enable the student to perform at the appropriate
118	118	grade level by the conclusion of the school year.
119	119	(f-4) If a student for whom an accelerated learning
120	120	committee has been established under Subsection (c) [who] fails to
121	121	perform satisfactorily on an assessment instrument [specified
122	122	under Subsection (a) fails] in the subsequent school year [to
123	123	perform satisfactorily on an assessment instrument] in the same
124	124	subject, the superintendent of the district, or the
125	125	superintendent's designee, shall meet with the student's
126	126	accelerated learning committee to:
127	127	(1) identify the reason the student did not perform
128	128	satisfactorily; and
129	129	(2) determine, in order to ensure the student performs
130	130	satisfactorily on the assessment instrument at the next
131	131	administration of the assessment instrument, whether:
132	132	(A) the educational plan developed for the
133	133	student under Subsection (f) must be modified to provide the
134	134	necessary accelerated instruction for that student; and
135	135	(B) any additional resources are required for
136	136	that student.
137	137	(o) This section does not require the administration of a
138	138	fifth [or eighth] grade assessment instrument in mathematics or
139	139	reading [a subject] under Section 39.023(a) to a student enrolled
140	140	in the fifth [or eighth] grade[, as applicable,] if the student[:
141	141	[(1)] is enrolled in a course in the subject intended
142	142	for students above the student's grade level and will be
143	143	administered an assessment instrument adopted or developed under
144	144	Section 39.023(a) that aligns with the curriculum for the course in
145	145	which the student is enrolled[; or
146	146	[(2) is enrolled in a course in the subject for which
147	147	the student will receive high school academic credit and will be
148	148	administered an end-of-course assessment instrument adopted under
149	149	Section 39.023(c) for the course].
150	150	SECTION 2. Section 29.0881(e), Education Code, is amended
151	151	to read as follows:
152	152	(e) A school district or open-enrollment charter school
153	153	that receives grant funds under this section may use the funds to:
154	154	(1) financially support or train or otherwise prepare
155	155	educators and other staff;
156	156	(2) pay for agreements with other entities to provide
157	157	prekindergarten services; or
158	158	(3) pay for accelerated instruction provided under
159	159	Section 28.0211 [or 28.0217].
160	160	SECTION 3. Section 39.053, Education Code, is amended by
161	161	adding Subsection (a-2) to read as follows:
162	162	(a-2) The indicators adopted by the commissioner under
163	163	Subsection (a) must:
164	164	(1) for kindergarten through grade eight, include
165	165	indicators that:
166	166	(A) are not based on the results of an assessment
167	167	instrument; and
168	168	(B) comprehensively account for factors
169	169	affecting the quality of learning and achievement in those grades;
170	170	(2) for grades 9 through 12, include indicators that
171	171	are designed to encourage alignment of education to career
172	172	readiness; and
173	173	(3) include indicators for evaluating schools
174	174	according to a school's success in equitably educating students
175	175	across all campuses and achieving similar student outcomes for all
176	176	students.
177	177	SECTION 4. Section 39.054, Education Code, is amended by
178	178	amending Subsections (a), (a-4), (a-5), and (b) and adding
179	179	Subsection (f) to read as follows:
180	180	(a) Except as provided by Subsection (a-4), the
181	181	commissioner shall adopt rules to evaluate school district and
182	182	campus performance and assign each district and campus [an overall
183	183	performance rating of A, B, C, D, or F. In addition to the overall
184	184	performance rating, the commissioner shall assign each district and
185	185	campus] a separate domain performance rating of A, B, C, D, or F for
186	186	each domain under Section 39.053(c). A [An overall or] domain
187	187	performance rating of A reflects exemplary performance. A [An
188	188	overall or] domain performance rating of B reflects recognized
189	189	performance. A [An overall or] domain performance rating of C
190	190	reflects acceptable performance. A [An overall or] domain
191	191	performance rating of D reflects performance that needs
192	192	improvement. A [An overall or] domain performance rating of F
193	193	reflects unacceptable performance. A district may not receive a
194	194	[an overall or] domain performance rating of A if the district
195	195	includes any campus with a corresponding [overall or] domain
196	196	performance rating of D or F. If a school district has been
197	197	approved under Section 39.0544 to assign campus performance ratings
198	198	and the commissioner has not assigned a campus a domain [an overall]
199	199	performance rating of D or F, the commissioner shall assign the
200	200	campus a domain [an overall] performance rating based on the school
201	201	district assigned performance rating under Section 39.0544.
202	202	(a-4) Notwithstanding any other law, the commissioner may
203	203	assign a school district or campus a domain [an overall]
204	204	performance rating of "Not Rated" if the commissioner determines
205	205	that the assignment of a performance rating of A, B, C, D, or F would
206	206	be inappropriate because:
207	207	(1) the district or campus is located in an area that
208	208	is subject to a declaration of a state of disaster under Chapter
209	209	418, Government Code, and due to the disaster, performance
210	210	indicators for the district or campus are difficult to measure or
211	211	evaluate and would not accurately reflect quality of learning and
212	212	achievement for the district or campus;
213	213	(2) the district or campus has experienced breaches or
214	214	other failures in data integrity to the extent that accurate
215	215	analysis of data regarding performance indicators is not possible;
216	216	(3) the number of students enrolled in the district or
217	217	campus is insufficient to accurately evaluate the performance of
218	218	the district or campus; or
219	219	(4) for other reasons outside the control of the
220	220	district or campus, the performance indicators would not accurately
221	221	reflect quality of learning and achievement for the district or
222	222	campus.
223	223	(a-5) Notwithstanding any other law, a domain [an overall]
224	224	performance rating of "Not Rated" is not included in calculating
225	225	consecutive school years of unacceptable performance ratings and is
226	226	not considered a break in consecutive school years of unacceptable
227	227	performance ratings for purposes of any provision of this code.
228	228	(b) For purposes of assigning school districts and campuses
229	229	[an overall and] a domain performance rating under Subsection (a),
230	230	the commissioner shall ensure that the method used to evaluate
231	231	performance is implemented in a manner that provides the
232	232	mathematical possibility that all districts and campuses receive an
233	233	A rating.
234	234	(f) For purposes of a provision of this title, a reference
235	235	to the overall performance rating of a district or campus means:
236	236	(1) for a school year before the 2023-2024 school
237	237	year, the overall performance rating assigned for the district or
238	238	campus for that year under this section as it existed before
239	239	amendment by Chapter ____ (_.B. No. ____), Acts of the 88th
240	240	Legislature, Regular Session, 2023; and
241	241	(2) for the 2023-2024 school year and each subsequent
242	242	school year, the highest of the three domain performance ratings
243	243	assigned to the district or campus under this section for that
244	244	school year.
245	245	SECTION 5. Sections 39.0544(a) and (e), Education Code, are
246	246	amended to read as follows:
247	247	(a) The commissioner shall adopt rules regarding the
248	248	assignment of campus performance ratings by school districts and
249	249	open-enrollment charter schools. The rules:
250	250	(1) must require a district or school [, in assigning
251	251	an overall performance rating for a campus,] to incorporate:
252	252	(A) domain performance ratings assigned by the
253	253	commissioner under Section 39.054; and
254	254	(B) performance ratings based on locally
255	255	developed domains or sets of accountability measures;
256	256	(2) [may permit a district or school to assign weights
257	257	to each domain or set of accountability measures described in
258	258	Subdivision (1), as determined by the district or school, provided
259	259	that the domains specified in Subdivision (1)(A) must in the
260	260	aggregate account for at least 50 percent of the overall
261	261	performance rating;
262	262	[(3)] must require that each locally developed domain
263	263	or set of accountability measures:
264	264	(A) contains levels of performance that allow for
265	265	differentiation, with assigned standards for achieving the
266	266	differentiated levels;
267	267	(B) provides for the assignment of a letter grade
268	268	of A, B, C, D, or F; and
269	269	(C) meets standards for reliability and
270	270	validity;
271	271	(3) [(4)] must require that calculations for [overall
272	272	performance ratings and] each locally developed domain or set of
273	273	accountability measures be capable of being audited by a third
274	274	party;
275	275	(4) [(5)] must require that a district or school
276	276	produce a campus score card that may be displayed on the agency's
277	277	website; and
278	278	(5) [(6)] must require that a district or school
279	279	develop and make available to the public an explanation of the
280	280	methodology used to assign performance ratings under this section.
281	281	(e) A school district or open-enrollment charter school
282	282	authorized under this section to assign campus performance ratings
283	283	shall evaluate the performance of each campus as provided by this
284	284	section and assign each campus a performance rating of A, B, C, D,
285	285	or F [for overall performance and] for each locally developed
286	286	domain or set of accountability measures. Not later than a date
287	287	established by the commissioner, the district or school shall:
288	288	(1) report the performance ratings to the agency; and
289	289	(2) make the performance ratings available to the
290	290	public as provided by commissioner rule.
291	291	SECTION 6. The following provisions of the Education Code
292	292	are repealed:
293	293	(1) Section 28.0217;
294	294	(2) Section 39.025(b-1); and
295	295	(3) Sections 39.054(a-1) and (a-2).
296	296	SECTION 7. This Act applies beginning with the 2023-2024
297	297	school year.
298	298	SECTION 8. This Act takes effect immediately if it receives
299	299	a vote of two-thirds of all the members elected to each house, as
300	300	provided by Section 39, Article III, Texas Constitution. If this
301	301	Act does not receive the vote necessary for immediate effect, this
302	302	Act takes effect September 1, 2023.