1 | 1 | | 89R14109 PRL-F |
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2 | 2 | | By: Dutton H.B. No. 123 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to measures to support kindergarten readiness and early |
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10 | 10 | | literacy and numeracy skills for public school students, including |
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11 | 11 | | an early childhood parental support program, and to funding under |
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12 | 12 | | the Foundation School Program for certain school districts and to |
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13 | 13 | | support those measures. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 12.104(b), Education Code, is amended to |
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16 | 16 | | read as follows: |
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17 | 17 | | (b) An open-enrollment charter school is subject to: |
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18 | 18 | | (1) a provision of this title establishing a criminal |
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19 | 19 | | offense; |
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20 | 20 | | (2) the provisions in Chapter 554, Government Code; |
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21 | 21 | | and |
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22 | 22 | | (3) a prohibition, restriction, or requirement, as |
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23 | 23 | | applicable, imposed by this title or a rule adopted under this |
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24 | 24 | | title, relating to: |
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25 | 25 | | (A) the Public Education Information Management |
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26 | 26 | | System (PEIMS) to the extent necessary to monitor compliance with |
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27 | 27 | | this subchapter as determined by the commissioner; |
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28 | 28 | | (B) criminal history records under Subchapter C, |
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29 | 29 | | Chapter 22; |
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30 | 30 | | (C) reading and mathematics instruments and |
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31 | 31 | | reading interventions [accelerated reading instruction programs] |
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32 | 32 | | under Sections [Section] 28.006, 28.0063, and 28.0064; |
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33 | 33 | | (D) accelerated instruction under Section |
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34 | 34 | | 28.0211; |
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35 | 35 | | (E) high school graduation requirements under |
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36 | 36 | | Section 28.025; |
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37 | 37 | | (F) special education programs under Subchapter |
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38 | 38 | | A, Chapter 29; |
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39 | 39 | | (G) bilingual education under Subchapter B, |
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40 | 40 | | Chapter 29; |
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41 | 41 | | (H) prekindergarten programs under Subchapter E |
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42 | 42 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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43 | 43 | | classes imposed under Section 25.112, which do not apply; |
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44 | 44 | | (I) extracurricular activities under Section |
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45 | 45 | | 33.081; |
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46 | 46 | | (J) discipline management practices or behavior |
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47 | 47 | | management techniques under Section 37.0021; |
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48 | 48 | | (K) health and safety under Chapter 38; |
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49 | 49 | | (L) the provisions of Subchapter A, Chapter 39; |
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50 | 50 | | (M) public school accountability and special |
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51 | 51 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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52 | 52 | | 39, and Chapter 39A; |
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53 | 53 | | (N) the requirement under Section 21.006 to |
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54 | 54 | | report an educator's misconduct; |
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55 | 55 | | (O) intensive programs of instruction under |
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56 | 56 | | Section 28.0213; |
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57 | 57 | | (P) the right of a school employee to report a |
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58 | 58 | | crime, as provided by Section 37.148; |
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59 | 59 | | (Q) bullying prevention policies and procedures |
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60 | 60 | | under Section 37.0832; |
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61 | 61 | | (R) the right of a school under Section 37.0052 |
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62 | 62 | | to place a student who has engaged in certain bullying behavior in a |
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63 | 63 | | disciplinary alternative education program or to expel the student; |
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64 | 64 | | (S) the right under Section 37.0151 to report to |
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65 | 65 | | local law enforcement certain conduct constituting assault or |
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66 | 66 | | harassment; |
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67 | 67 | | (T) a parent's right to information regarding the |
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68 | 68 | | provision of assistance for learning difficulties to the parent's |
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69 | 69 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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70 | 70 | | (U) establishment of residency under Section |
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71 | 71 | | 25.001; |
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72 | 72 | | (V) school safety requirements under Sections |
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73 | 73 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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74 | 74 | | 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
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75 | 75 | | 37.2071 and Subchapter J, Chapter 37; |
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76 | 76 | | (W) the early childhood literacy and mathematics |
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77 | 77 | | proficiency plans under Section 11.185; |
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78 | 78 | | (X) the college, career, and military readiness |
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79 | 79 | | plans under Section 11.186; and |
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80 | 80 | | (Y) parental options to retain a student under |
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81 | 81 | | Section 28.02124. |
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82 | 82 | | SECTION 2. The heading to Section 21.4552, Education Code, |
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83 | 83 | | is amended to read as follows: |
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84 | 84 | | Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING |
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85 | 85 | | INTERVENTION ACADEMIES. |
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86 | 86 | | SECTION 3. Section 21.4552, Education Code, is amended by |
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87 | 87 | | amending Subsections (b) and (d) and adding Subsections (d-1), (g), |
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88 | 88 | | (h), and (i) to read as follows: |
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89 | 89 | | (b) A literacy achievement academy developed under this |
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90 | 90 | | section: |
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91 | 91 | | (1) for teachers who provide reading instruction to |
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92 | 92 | | students at the kindergarten or first, second, or third grade |
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93 | 93 | | level: |
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94 | 94 | | (A) must include training in: |
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95 | 95 | | (i) effective and systematic instructional |
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96 | 96 | | practices in reading, including phonemic awareness, phonics, |
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97 | 97 | | fluency, vocabulary, and comprehension; and |
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98 | 98 | | (ii) the use of empirically validated |
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99 | 99 | | instructional methods that are appropriate for struggling readers; |
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100 | 100 | | and |
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101 | 101 | | (B) may include training in effective |
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102 | 102 | | instructional practices in writing; |
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103 | 103 | | (2) for teachers who provide reading instruction to |
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104 | 104 | | students at the fourth or fifth grade level: |
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105 | 105 | | (A) must include effective instructional |
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106 | 106 | | practices that promote student development of reading |
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107 | 107 | | comprehension and inferential and critical thinking; |
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108 | 108 | | (B) must provide training in the use of |
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109 | 109 | | empirically validated instructional methods that are appropriate |
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110 | 110 | | for struggling readers; and |
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111 | 111 | | (C) may include material on writing instruction; |
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112 | 112 | | (3) for teachers who provide reading instruction to |
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113 | 113 | | students at the sixth, seventh, or eighth grade level, must include |
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114 | 114 | | training in: |
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115 | 115 | | (A) strategies to be implemented in English |
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116 | 116 | | language arts and other subject areas for multisyllable word |
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117 | 117 | | reading, vocabulary development, and comprehension of expository |
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118 | 118 | | and narrative text; |
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119 | 119 | | (B) an adaptation framework that enables |
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120 | 120 | | teachers to respond to differing student strengths and needs, |
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121 | 121 | | including adaptations for students of limited English proficiency |
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122 | 122 | | or students receiving special education services under Subchapter |
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123 | 123 | | A, Chapter 29; |
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124 | 124 | | (C) collaborative strategies to increase active |
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125 | 125 | | student involvement and motivation to read; and |
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126 | 126 | | (D) other areas identified by the commissioner as |
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127 | 127 | | essential components of reading instruction; and |
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128 | 128 | | (4) [for teachers who provide reading instruction to |
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129 | 129 | | students at the seventh or eighth grade level, must include |
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130 | 130 | | training in: |
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131 | 131 | | [(A) administration of the reading instrument |
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132 | 132 | | required by Section 28.006(c-1); and |
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133 | 133 | | [(B) interpretation of the results of the reading |
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134 | 134 | | instrument required by Section 28.006(c-1) and strategies, based on |
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135 | 135 | | scientific research regarding effective reading instruction, for |
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136 | 136 | | long-term intensive intervention to target identified student |
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137 | 137 | | needs in word recognition, vocabulary, fluency, and comprehension; |
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138 | 138 | | and |
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139 | 139 | | [(5)] for teachers who provide instruction in |
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140 | 140 | | mathematics, science, or social studies to students at the sixth, |
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141 | 141 | | seventh, or eighth grade level, must include training in: |
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142 | 142 | | (A) strategies for incorporating reading |
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143 | 143 | | instruction into the curriculum for the subject area taught by the |
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144 | 144 | | teacher; and |
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145 | 145 | | (B) other areas identified by the commissioner. |
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146 | 146 | | (d) Except as provided by Subsection (d-1), from [From] |
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147 | 147 | | funds provided under Section 48.108 or appropriated for that |
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148 | 148 | | purpose, a classroom teacher who provides instruction to students |
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149 | 149 | | in kindergarten through third grade and attends a literacy |
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150 | 150 | | achievement academy is entitled to receive a stipend from the |
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151 | 151 | | school district in the amount determined by the commissioner. From |
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152 | 152 | | funds appropriated for that purpose, a district may provide a |
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153 | 153 | | stipend to a classroom teacher who provides instruction to students |
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154 | 154 | | in a grade level above third grade. A stipend received under this |
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155 | 155 | | subsection is not considered in determining whether a school |
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156 | 156 | | district is paying the classroom teacher the minimum monthly salary |
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157 | 157 | | under Section 21.402. |
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158 | 158 | | (d-1) A classroom teacher is not eligible for a stipend |
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159 | 159 | | under Subsection (d) if the teacher: |
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160 | 160 | | (1) is currently enrolled in an educator preparation |
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161 | 161 | | program; |
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162 | 162 | | (2) attends the literacy achievement academy on a day |
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163 | 163 | | or during hours of service included in the term of the teacher's |
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164 | 164 | | contract; or |
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165 | 165 | | (3) is not directed or approved by the school district |
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166 | 166 | | at which the teacher is employed to attend the literacy achievement |
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167 | 167 | | academy. |
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168 | 168 | | (g) The agency shall develop a method for evaluating a |
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169 | 169 | | literacy achievement academy to determine the effectiveness of the |
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170 | 170 | | academy, including whether the academy improves teaching practices |
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171 | 171 | | and student literacy proficiency. A school district or |
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172 | 172 | | open-enrollment charter school shall provide any information |
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173 | 173 | | requested by the agency for purposes of evaluating literacy |
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174 | 174 | | achievement academies under this subsection. |
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175 | 175 | | (h) In addition to the literacy achievement academies |
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176 | 176 | | developed under Subsection (a), the commissioner shall develop and |
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177 | 177 | | make available reading intervention academies for teachers who |
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178 | 178 | | provide reading interventions to students who require accelerated |
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179 | 179 | | instruction in foundational reading skills. |
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180 | 180 | | (i) The commissioner may establish an advisory board to |
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181 | 181 | | assist the agency in fulfilling the agency's duties under this |
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182 | 182 | | section. Chapter 2110, Government Code, does not apply to an |
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183 | 183 | | advisory board established under this subsection. |
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184 | 184 | | SECTION 4. The heading to Section 21.4553, Education Code, |
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185 | 185 | | is amended to read as follows: |
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186 | 186 | | Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND |
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187 | 187 | | INTERVENTIONIST ACADEMIES. |
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188 | 188 | | SECTION 5. Section 21.4553, Education Code, is amended by |
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189 | 189 | | amending Subsection (d) and adding Subsections (d-1), (d-2), (g), |
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190 | 190 | | (h), and (i) to read as follows: |
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191 | 191 | | (d) Except as provided by Subsection (d-1), from [From] |
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192 | 192 | | funds appropriated for that purpose, a classroom teacher who |
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193 | 193 | | attends a mathematics achievement academy is entitled to receive a |
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194 | 194 | | stipend in the amount determined by the commissioner. A stipend |
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195 | 195 | | received under this subsection is not considered in determining |
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196 | 196 | | whether a district is paying the classroom teacher the minimum |
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197 | 197 | | monthly salary under Section 21.402. |
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198 | 198 | | (d-1) A classroom teacher is not eligible for a stipend |
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199 | 199 | | under Subsection (d) if the teacher: |
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200 | 200 | | (1) is currently enrolled in an educator preparation |
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201 | 201 | | program; |
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202 | 202 | | (2) attends the mathematics achievement academy on a |
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203 | 203 | | day or during hours of service included in the term of the teacher's |
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204 | 204 | | contract; or |
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205 | 205 | | (3) is not directed or approved by the school district |
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206 | 206 | | at which the teacher is employed to attend the mathematics |
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207 | 207 | | achievement academy. |
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208 | 208 | | (d-2) From funds provided under Section 48.108 or |
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209 | 209 | | appropriated for that purpose, a school district or open-enrollment |
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210 | 210 | | charter school must pay for the costs for a classroom teacher |
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211 | 211 | | employed by the district or school to attend a mathematics |
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212 | 212 | | achievement academy. |
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213 | 213 | | (g) The agency shall develop a method for evaluating a |
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214 | 214 | | mathematics achievement academy to determine the effectiveness of |
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215 | 215 | | the academy, including whether the academy improves teaching |
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216 | 216 | | practices and student math proficiency. A school district or |
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217 | 217 | | open-enrollment charter school shall provide any information |
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218 | 218 | | requested by the agency for purposes of evaluating mathematics |
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219 | 219 | | achievement academies under this subsection. |
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220 | 220 | | (h) In addition to the mathematics achievement academies |
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221 | 221 | | developed under Subsection (a), the commissioner shall develop and |
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222 | 222 | | make available mathematics interventionist academies for a teacher |
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223 | 223 | | who provides additional support to students who require accelerated |
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224 | 224 | | instruction in mathematics. |
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225 | 225 | | (i) The commissioner may establish an advisory board to |
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226 | 226 | | assist the agency in fulfilling the agency's duties under this |
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227 | 227 | | section. Chapter 2110, Government Code, does not apply to an |
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228 | 228 | | advisory board established under this subsection. |
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229 | 229 | | SECTION 6. Subchapter C, Chapter 25, Education Code, is |
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230 | 230 | | amended by adding Section 25.0816 to read as follows: |
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231 | 231 | | Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT |
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232 | 232 | | PROGRAM. (a) From money appropriated or otherwise available for |
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233 | 233 | | the purpose, the agency shall establish and administer a grant |
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234 | 234 | | program to provide funding and technical assistance to school |
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235 | 235 | | districts and open-enrollment charter schools to plan the school |
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236 | 236 | | year and adjust operations as necessary to qualify for the |
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237 | 237 | | incentive funding under Section 48.0051. |
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238 | 238 | | (b) In awarding grants under the program, the agency shall |
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239 | 239 | | prioritize school districts and open-enrollment charter schools |
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240 | 240 | | that seek to maximize incentive funding under Section 48.0051. |
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241 | 241 | | (c) The agency may solicit and accept gifts, grants, and |
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242 | 242 | | donations for purposes of this section. |
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243 | 243 | | SECTION 7. Section 25.085(d), Education Code, is amended to |
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244 | 244 | | read as follows: |
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245 | 245 | | (d) Unless specifically exempted by Section 25.086, a |
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246 | 246 | | student enrolled in a school district must attend: |
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247 | 247 | | (1) an extended-year program for which the student is |
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248 | 248 | | eligible that is provided by the district for students identified |
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249 | 249 | | as likely not to be promoted to the next grade level or tutorial |
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250 | 250 | | classes required by the district under Section 29.084; |
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251 | 251 | | (2) a reading intervention program [an accelerated |
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252 | 252 | | reading instruction program] to which the student is assigned under |
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253 | 253 | | Section 28.0064 [28.006(g)]; |
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254 | 254 | | (3) an accelerated instruction program to which the |
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255 | 255 | | student is assigned under Section 28.0211; |
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256 | 256 | | (4) a basic skills program to which the student is |
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257 | 257 | | assigned under Section 29.086; or |
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258 | 258 | | (5) a summer program provided under Section 37.008(l) |
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259 | 259 | | or Section 37.021. |
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260 | 260 | | SECTION 8. The heading to Section 28.006, Education Code, |
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261 | 261 | | is amended to read as follows: |
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262 | 262 | | Sec. 28.006. KINDERGARTEN READING DIAGNOSIS. |
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263 | 263 | | SECTION 9. Section 28.006, Education Code, is amended by |
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264 | 264 | | amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and |
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265 | 265 | | (h) and adding Subsection (n) to read as follows: |
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266 | 266 | | (a) The commissioner shall develop recommendations for |
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267 | 267 | | school districts for: |
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268 | 268 | | (1) administering reading instruments, including an |
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269 | 269 | | instrument developed under Section 28.0063, to diagnose student |
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270 | 270 | | foundational literacy skills in reading development and |
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271 | 271 | | comprehension; |
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272 | 272 | | (2) training educators in administering the reading |
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273 | 273 | | instruments; and |
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274 | 274 | | (3) applying the results of the reading instruments to |
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275 | 275 | | the instructional program. |
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276 | 276 | | (b) The commissioner shall adopt a [list of] reading |
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277 | 277 | | instrument [instruments] that a school district shall [may] use to |
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278 | 278 | | diagnose the foundational literacy skills in [student] reading |
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279 | 279 | | development and comprehension of students enrolled in |
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280 | 280 | | kindergarten. A reading instrument adopted under this subsection |
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281 | 281 | | may include other developmental skills as part of [For use in |
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282 | 282 | | diagnosing the reading development and comprehension of |
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283 | 283 | | kindergarten students, the commissioner shall adopt] a |
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284 | 284 | | multidimensional assessment tool [that includes a reading |
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285 | 285 | | instrument and tests at least three developmental skills, including |
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286 | 286 | | literacy. A multidimensional assessment tool administered as |
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287 | 287 | | provided by this subsection is considered to be a reading |
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288 | 288 | | instrument for purposes of this section. A district-level |
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289 | 289 | | committee established under Subchapter F, Chapter 11, may adopt a |
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290 | 290 | | list of reading instruments for use in the district in a grade level |
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291 | 291 | | other than kindergarten in addition to the reading instruments on |
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292 | 292 | | the commissioner's list]. A [Each] reading instrument adopted by |
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293 | 293 | | the commissioner [or a district-level committee] must be based on |
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294 | 294 | | scientific research concerning foundational literacy skills in |
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295 | 295 | | reading [skills] development and [reading] comprehension. A [list |
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296 | 296 | | of] reading instrument [instruments] adopted under this subsection |
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297 | 297 | | must provide for diagnosing the foundational literacy skills in |
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298 | 298 | | reading development and comprehension of a student [students] |
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299 | 299 | | participating in a program under Subchapter B, Chapter 29. |
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300 | 300 | | (b-1) The commissioner may approve an alternative reading |
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301 | 301 | | instrument for use in diagnosing the foundational literacy skills |
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302 | 302 | | in reading development and comprehension of kindergarten students |
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303 | 303 | | that complies with the requirements under Subsection (b). |
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304 | 304 | | (c-2) Not later than the 60th day after the beginning of the |
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305 | 305 | | school year, each [Each] school district shall administer at the |
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306 | 306 | | kindergarten level a reading instrument adopted by the commissioner |
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307 | 307 | | under Subsection (b) or approved by the commissioner under |
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308 | 308 | | Subsection (b-1). The district shall administer the reading |
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309 | 309 | | instrument in accordance with the commissioner's recommendations |
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310 | 310 | | under Subsection (a)(1) and policies developed by commissioner |
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311 | 311 | | rule. |
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312 | 312 | | (c-3) The commissioner by rule shall determine the |
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313 | 313 | | performance on a [the] reading instrument adopted or approved under |
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314 | 314 | | this section [Subsection (b)] that indicates kindergarten |
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315 | 315 | | readiness. |
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316 | 316 | | (d) The superintendent of each school district shall: |
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317 | 317 | | (1) report to the commissioner and the board of |
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318 | 318 | | trustees of the district the results of a [the] reading instrument |
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319 | 319 | | administered to students under this section [instruments]; |
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320 | 320 | | (2) not later than the 30th [60th] calendar day after |
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321 | 321 | | the date on which the results of a reading instrument are available, |
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322 | 322 | | [was administered] report, in writing or electronically, to a |
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323 | 323 | | student's parent or guardian the student's results on the |
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324 | 324 | | instrument; and |
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325 | 325 | | (3) using the school readiness certification system |
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326 | 326 | | provided to the school district in accordance with Section |
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327 | 327 | | 29.161(e), report electronically each student's raw score on the |
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328 | 328 | | reading instrument to the agency for use in the school readiness |
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329 | 329 | | certification system. |
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330 | 330 | | (f) The agency shall ensure at least one reading instrument |
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331 | 331 | | adopted or approved [for each grade level for which a reading |
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332 | 332 | | instrument is required to be administered] under this section is |
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333 | 333 | | available to school districts at no cost. |
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334 | 334 | | (h) The school district shall make a good faith effort to |
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335 | 335 | | ensure that the report [notice] required under Subsection (d)(2) |
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336 | 336 | | [this section] is provided either in person or electronically [by |
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337 | 337 | | regular mail] and that the report [notice] is clear and easy to |
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338 | 338 | | understand and is written in English and in the parent or guardian's |
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339 | 339 | | native language. |
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340 | 340 | | (n) The admission, review, and dismissal committee of a |
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341 | 341 | | student who participates in a school district's special education |
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342 | 342 | | program under Subchapter A, Chapter 29, may modify any requirement |
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343 | 343 | | for student participation under this section. |
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344 | 344 | | SECTION 10. Subchapter A, Chapter 28, Education Code, is |
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345 | 345 | | amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071 |
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346 | 346 | | to read as follows: |
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347 | 347 | | Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS. (a) |
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348 | 348 | | The commissioner shall adopt a list of reading and mathematics |
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349 | 349 | | instruments approved or developed by the commissioner for use by |
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350 | 350 | | school districts in kindergarten through grade three to diagnose |
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351 | 351 | | foundational literacy skills in reading development and |
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352 | 352 | | comprehension and foundational numeracy skills in mathematics. |
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353 | 353 | | (b) A reading or mathematics instrument adopted under |
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354 | 354 | | Subsection (a) must: |
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355 | 355 | | (1) be based on scientific research concerning, as |
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356 | 356 | | applicable: |
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357 | 357 | | (A) foundational literacy skills in reading |
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358 | 358 | | development and comprehension; or |
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359 | 359 | | (B) foundational numeracy skills in mathematics; |
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360 | 360 | | (2) be capable of being administered at the beginning, |
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361 | 361 | | middle, and end of the school year, except for a substitute |
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362 | 362 | | instrument allowed under Subsection (d); |
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363 | 363 | | (3) be designed to assess the performance of students |
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364 | 364 | | in, as applicable: |
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365 | 365 | | (A) the foundational literacy skills components |
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366 | 366 | | of the essential knowledge and skills adopted under Section 28.002 |
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367 | 367 | | for language arts; or |
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368 | 368 | | (B) the foundational numeracy skills components |
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369 | 369 | | of the essential knowledge and skills adopted under Section 28.002 |
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370 | 370 | | for mathematics; |
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371 | 371 | | (4) be capable of monitoring student progress in a |
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372 | 372 | | manner that allows school district staff to identify specific |
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373 | 373 | | foundational literacy or numeracy skills in need of targeted |
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374 | 374 | | instruction; |
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375 | 375 | | (5) assess whether a student's performance in |
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376 | 376 | | foundational literacy or numeracy skills indicates that the student |
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377 | 377 | | is at risk, as determined by the commissioner, of not achieving |
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378 | 378 | | satisfactory performance on the third grade reading or mathematics |
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379 | 379 | | assessment administered under Section 39.023; |
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380 | 380 | | (6) for a reading instrument, include applicable |
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381 | 381 | | elements required for a screening for dyslexia and related |
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382 | 382 | | disorders under Section 38.003; and |
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383 | 383 | | (7) for a reading instrument, allow a school district |
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384 | 384 | | to generate a report regarding a student's reading progress that is |
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385 | 385 | | clear and easy to understand that may be distributed to the |
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386 | 386 | | student's parent in English, Spanish, or, to the extent |
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387 | 387 | | practicable, any other language spoken by the parent. |
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388 | 388 | | (c) The commissioner shall: |
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389 | 389 | | (1) update the list of reading and mathematics |
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390 | 390 | | instruments adopted under Subsection (a) not less than once every |
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391 | 391 | | four years; |
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392 | 392 | | (2) ensure the list adopted under Subsection (a) |
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393 | 393 | | includes multiple reading and mathematics instruments; |
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394 | 394 | | (3) develop a process by which a school district may |
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395 | 395 | | submit an instrument to the commissioner for approval; and |
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396 | 396 | | (4) make publicly available the criteria for the |
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397 | 397 | | evaluation and approval of an instrument submitted to the |
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398 | 398 | | commissioner. |
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399 | 399 | | (d) The commissioner may allow a school district to |
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400 | 400 | | substitute: |
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401 | 401 | | (1) an instrument adopted or approved under Section |
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402 | 402 | | 28.006 for an instrument adopted under this section that is |
---|
403 | 403 | | administered to a kindergarten student at the beginning of the |
---|
404 | 404 | | school year; |
---|
405 | 405 | | (2) an interim assessment instrument adopted or |
---|
406 | 406 | | developed under Section 39.023(o) for an instrument adopted under |
---|
407 | 407 | | this section; or |
---|
408 | 408 | | (3) a third grade assessment instrument adopted or |
---|
409 | 409 | | developed under Section 39.023 for an instrument adopted under this |
---|
410 | 410 | | section that is administered at the end of the school year for a |
---|
411 | 411 | | third grade student. |
---|
412 | 412 | | (e) A school district shall administer to students in |
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413 | 413 | | kindergarten through third grade a reading and mathematics |
---|
414 | 414 | | instrument adopted under Subsection (a) in accordance with |
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415 | 415 | | requirements established by the commissioner under this section. |
---|
416 | 416 | | (f) The superintendent of each school district shall: |
---|
417 | 417 | | (1) report to the commissioner and the board of |
---|
418 | 418 | | trustees of the district the results of a reading or mathematics |
---|
419 | 419 | | instrument administered to students under this section; and |
---|
420 | 420 | | (2) not later than the 30th calendar day after the date |
---|
421 | 421 | | on which the results of a reading or mathematics instrument are |
---|
422 | 422 | | available, report, in writing or electronically, to a student's |
---|
423 | 423 | | parent or guardian: |
---|
424 | 424 | | (A) the student's results on the instrument; |
---|
425 | 425 | | (B) for a reading instrument, the report |
---|
426 | 426 | | described by Subsection (b)(7); and |
---|
427 | 427 | | (C) if the student is determined to be at risk for |
---|
428 | 428 | | dyslexia or a related disorder based on the results of the reading |
---|
429 | 429 | | instrument, information regarding that determination. |
---|
430 | 430 | | (g) For each student in kindergarten through third grade who |
---|
431 | 431 | | is determined to have dyslexia or a related disorder, the district |
---|
432 | 432 | | shall: |
---|
433 | 433 | | (1) notify the student's parent or guardian of the |
---|
434 | 434 | | determination and provide to the parent or guardian information |
---|
435 | 435 | | regarding the Talking Book Program offered by the Texas State |
---|
436 | 436 | | Library and Archives Commission; and |
---|
437 | 437 | | (2) ensure that the district is complying with the |
---|
438 | 438 | | requirements of Section 29.0031 with respect to the student. |
---|
439 | 439 | | (h) The agency shall establish a list of reading and |
---|
440 | 440 | | mathematics instruments adopted under Subsection (a) for which the |
---|
441 | 441 | | agency has negotiated a price. A school district is not required to |
---|
442 | 442 | | use a method provided by Section 44.031 to purchase an instrument on |
---|
443 | 443 | | the list established under this subsection. |
---|
444 | 444 | | (i) A student's parent or guardian may submit a written |
---|
445 | 445 | | request to the administrator of the campus at which the student is |
---|
446 | 446 | | enrolled to opt the student out of the administration of a reading |
---|
447 | 447 | | or mathematics instrument required under this section. A school |
---|
448 | 448 | | district may not encourage or direct a parent or guardian to submit |
---|
449 | 449 | | a written request under this subsection. |
---|
450 | 450 | | (j) The commissioner shall adopt rules as necessary to |
---|
451 | 451 | | implement this section. |
---|
452 | 452 | | (k) Section 2001.0045, Government Code, does not apply to a |
---|
453 | 453 | | rule adopted under this section. |
---|
454 | 454 | | (l) A school district may comply with the requirements of |
---|
455 | 455 | | Subsection (e) by administering a reading or mathematics instrument |
---|
456 | 456 | | selected by the board of trustees of the school district that meets |
---|
457 | 457 | | the requirements of Subsection (b) until the commissioner adopts |
---|
458 | 458 | | the list of reading and mathematics instruments under Subsection |
---|
459 | 459 | | (a). This subsection expires September 1, 2029. |
---|
460 | 460 | | Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN |
---|
461 | 461 | | STUDENTS. (a) If a student's results on two consecutive reading |
---|
462 | 462 | | instruments administered under Section 28.0063 indicate that the |
---|
463 | 463 | | student is at risk, as determined by the commissioner, of not |
---|
464 | 464 | | achieving satisfactory performance in foundational literacy, a |
---|
465 | 465 | | school district shall, as soon as practicable following the receipt |
---|
466 | 466 | | of the student's results, provide reading interventions to the |
---|
467 | 467 | | student during the subsequent 12 months. |
---|
468 | 468 | | (b) Reading interventions provided under Subsection (a) |
---|
469 | 469 | | must: |
---|
470 | 470 | | (1) include targeted instruction in the foundational |
---|
471 | 471 | | literacy skills identified as areas in need of targeted instruction |
---|
472 | 472 | | by the reading instrument administered under Section 28.0063; |
---|
473 | 473 | | (2) ensure that the student receives the interventions |
---|
474 | 474 | | during a period and at a frequency sufficient to address the areas |
---|
475 | 475 | | described by Subdivision (1); |
---|
476 | 476 | | (3) include effective instructional materials |
---|
477 | 477 | | designed for reading intervention; |
---|
478 | 478 | | (4) be provided by a person: |
---|
479 | 479 | | (A) with training in reading interventions and in |
---|
480 | 480 | | the applicable instructional materials described by Subdivision |
---|
481 | 481 | | (3); and |
---|
482 | 482 | | (B) under the oversight of the school district; |
---|
483 | 483 | | (5) to the extent possible, be provided by one person |
---|
484 | 484 | | for the entirety of the student's reading intervention period; and |
---|
485 | 485 | | (6) meet any additional requirements adopted by the |
---|
486 | 486 | | commissioner. |
---|
487 | 487 | | (c) A school district shall continue providing reading |
---|
488 | 488 | | intervention to a student under this section until the earlier of |
---|
489 | 489 | | the date on which: |
---|
490 | 490 | | (1) the student is no longer determined to be at risk, |
---|
491 | 491 | | as determined by the commissioner, of not achieving satisfactory |
---|
492 | 492 | | performance in foundational literacy on a reading instrument |
---|
493 | 493 | | administered under Section 28.0063; or |
---|
494 | 494 | | (2) the student begins the fourth grade. |
---|
495 | 495 | | (d) In providing reading interventions under this section, |
---|
496 | 496 | | a school district may not remove a student, except under |
---|
497 | 497 | | circumstances for which a student enrolled in the same grade level |
---|
498 | 498 | | who is not receiving reading interventions would be removed, from: |
---|
499 | 499 | | (1) instruction in the foundation curriculum and |
---|
500 | 500 | | enrichment curriculum adopted under Section 28.002 for the grade |
---|
501 | 501 | | level in which the student is enrolled; or |
---|
502 | 502 | | (2) recess or other physical activity that is |
---|
503 | 503 | | available to other students enrolled in the same grade level. |
---|
504 | 504 | | (e) The agency shall approve one or more products that use |
---|
505 | 505 | | an automated, computerized, or other augmented method for providing |
---|
506 | 506 | | reading interventions. The agency may approve a product under this |
---|
507 | 507 | | subsection only if evidence indicates that the product is effective |
---|
508 | 508 | | at promoting mastery of foundational literacy skills. |
---|
509 | 509 | | (f) Subject to appropriation, the agency shall ensure that |
---|
510 | 510 | | at least one product approved under Subsection (e) is available to |
---|
511 | 511 | | school districts at no or reduced cost. |
---|
512 | 512 | | (g) A student's parent or guardian may submit a written |
---|
513 | 513 | | request to the administrator of the campus at which the student is |
---|
514 | 514 | | enrolled to opt the student out of a reading intervention |
---|
515 | 515 | | requirement under Subsection (b). A school district may not |
---|
516 | 516 | | encourage or direct a parent or guardian to submit a written request |
---|
517 | 517 | | under this subsection that would allow the district to not provide |
---|
518 | 518 | | reading interventions to the student. |
---|
519 | 519 | | (h) A school district must provide to the parent or guardian |
---|
520 | 520 | | of a student receiving reading interventions under this section the |
---|
521 | 521 | | notice required under Section 26.0081(d). |
---|
522 | 522 | | (i) Nothing in this section may be construed to prevent or |
---|
523 | 523 | | discourage reading interventions for a student whose results on a |
---|
524 | 524 | | reading instrument administered under Section 28.0063 indicate |
---|
525 | 525 | | that the student is at risk, as determined by the commissioner, of |
---|
526 | 526 | | not achieving satisfactory performance in foundational literacy. |
---|
527 | 527 | | (j) Nothing in this section may be construed to prevent the |
---|
528 | 528 | | provision of any special education services required under |
---|
529 | 529 | | Subchapter A, Chapter 29, or the Individuals with Disabilities |
---|
530 | 530 | | Education Act (20 U.S.C. Section 1400 et seq.). A student's |
---|
531 | 531 | | admission, review, and dismissal committee may modify any |
---|
532 | 532 | | requirement for student participation in reading interventions |
---|
533 | 533 | | under this section. |
---|
534 | 534 | | (k) The commissioner shall adopt rules as necessary to |
---|
535 | 535 | | implement this section, including rules that define appropriate |
---|
536 | 536 | | standards for implementing reading interventions that meet the |
---|
537 | 537 | | requirements of Subsection (b). |
---|
538 | 538 | | (l) Section 2001.0045, Government Code, does not apply to a |
---|
539 | 539 | | rule adopted under this section. |
---|
540 | 540 | | (m) A school district is not required to comply with the |
---|
541 | 541 | | requirements of this section until the commissioner adopts a list |
---|
542 | 542 | | of reading and mathematics instruments under Section 28.0063 and |
---|
543 | 543 | | designates the first school year that districts must comply with |
---|
544 | 544 | | this section. This subsection expires September 1, 2029. |
---|
545 | 545 | | Sec. 28.0065. ADAPTIVE VOCABULARY. (a) The agency shall |
---|
546 | 546 | | develop and implement an adaptive vocabulary assessment to assess |
---|
547 | 547 | | vocabulary development in students in kindergarten through third |
---|
548 | 548 | | grade. |
---|
549 | 549 | | (b) The agency may use an assessment developed under this |
---|
550 | 550 | | subsection to assess students in grades other than grades described |
---|
551 | 551 | | by Subsection (a). |
---|
552 | 552 | | (c) The admission, review, and dismissal committee of a |
---|
553 | 553 | | student who participates in a school district's special education |
---|
554 | 554 | | program under Subchapter A, Chapter 29, may modify any requirement |
---|
555 | 555 | | for student participation under this section. |
---|
556 | 556 | | (d) The commissioner may adopt rules as necessary to |
---|
557 | 557 | | implement this section. |
---|
558 | 558 | | Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN |
---|
559 | 559 | | THROUGH EIGHTH GRADE. (a) Each school district and |
---|
560 | 560 | | open-enrollment charter school shall ensure that: |
---|
561 | 561 | | (1) not later than the 2030-2031 school year, each |
---|
562 | 562 | | classroom teacher that provides instruction in mathematics to |
---|
563 | 563 | | students in kindergarten through eighth grade and each principal, |
---|
564 | 564 | | assistant principal, mathematics instructional coach, and |
---|
565 | 565 | | mathematics interventionist at a campus with one of those grade |
---|
566 | 566 | | levels has attended a teacher mathematics achievement academy |
---|
567 | 567 | | developed under Section 21.4553; and |
---|
568 | 568 | | (2) each classroom teacher and principal initially |
---|
569 | 569 | | employed in a grade level or at a campus described by Subdivision |
---|
570 | 570 | | (1) for the 2030-2031 school year or a subsequent school year has |
---|
571 | 571 | | attended a teacher mathematics achievement academy developed under |
---|
572 | 572 | | Section 21.4553 by the end of the teacher's or principal's first |
---|
573 | 573 | | year of placement in that grade level or campus. |
---|
574 | 574 | | (b) The agency shall provide assistance to school districts |
---|
575 | 575 | | and open-enrollment charter schools in complying with the |
---|
576 | 576 | | requirements under this section. |
---|
577 | 577 | | (c) The agency shall: |
---|
578 | 578 | | (1) monitor the implementation of this section; and |
---|
579 | 579 | | (2) periodically report to the legislature on the |
---|
580 | 580 | | implementation of this section and the effectiveness of this |
---|
581 | 581 | | section in improving educational outcomes. |
---|
582 | 582 | | (d) The commissioner may adopt rules to implement this |
---|
583 | 583 | | section. |
---|
584 | 584 | | SECTION 11. Subchapter B, Chapter 28, Education Code, is |
---|
585 | 585 | | amended by adding Section 28.02111 to read as follows: |
---|
586 | 586 | | Sec. 28.02111. THIRD GRADE SUPPLEMENTARY SUPPORTS. (a) The |
---|
587 | 587 | | commissioner shall establish and administer a program for students |
---|
588 | 588 | | in the third grade who are required to be provided accelerated |
---|
589 | 589 | | instruction under Section 28.0211(a-1) through which the student's |
---|
590 | 590 | | parent may direct tutoring services to support the student. The |
---|
591 | 591 | | agency shall provide to a student described by this subsection a |
---|
592 | 592 | | grant in the amount provided under Section 48.310 to purchase from |
---|
593 | 593 | | an agency-approved provider tutoring services designed to help |
---|
594 | 594 | | improve the student's proficiency in reading. |
---|
595 | 595 | | (b) The agency shall: |
---|
596 | 596 | | (1) maintain a system of online accounts under which |
---|
597 | 597 | | each student described by Subsection (a) is assigned an account for |
---|
598 | 598 | | the student's parent to access the grant described by Subsection |
---|
599 | 599 | | (a); and |
---|
600 | 600 | | (2) implement the program in a manner that ensures: |
---|
601 | 601 | | (A) ease of use for parents of students who are |
---|
602 | 602 | | eligible for a grant under this section; and |
---|
603 | 603 | | (B) fidelity of spending. |
---|
604 | 604 | | (c) A student may not receive more than one grant under this |
---|
605 | 605 | | section. |
---|
606 | 606 | | (d) The agency may reserve from the total amount of money |
---|
607 | 607 | | available for purposes of the program an amount, not to exceed five |
---|
608 | 608 | | percent of the total amount, to cover the agency's cost of |
---|
609 | 609 | | administering the program. |
---|
610 | 610 | | (e) A school district or open-enrollment charter school in |
---|
611 | 611 | | which a student who receives a grant under this section is enrolled |
---|
612 | 612 | | remains subject to the requirements to provide accelerated |
---|
613 | 613 | | instruction under Section 28.0211. |
---|
614 | 614 | | (f) A school district or open-enrollment charter school |
---|
615 | 615 | | shall provide to the parent of a student described by Subsection (a) |
---|
616 | 616 | | notice of the student's eligibility for a grant under this section, |
---|
617 | 617 | | in a form and manner established by the agency. |
---|
618 | 618 | | (g) A decision by the commissioner regarding the program |
---|
619 | 619 | | under this section is final and may not be appealed. |
---|
620 | 620 | | (h) The commissioner shall adopt rules as necessary to |
---|
621 | 621 | | implement this section. |
---|
622 | 622 | | SECTION 12. Section 29.1543, Education Code, is amended to |
---|
623 | 623 | | read as follows: |
---|
624 | 624 | | Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall |
---|
625 | 625 | | produce and make available to the public on the agency's Internet |
---|
626 | 626 | | website annual district and campus-level reports containing |
---|
627 | 627 | | information from the previous school year on early education in |
---|
628 | 628 | | school districts and open-enrollment charter schools. A report |
---|
629 | 629 | | under this section must contain: |
---|
630 | 630 | | (1) the information required by Section 29.1532(c) to |
---|
631 | 631 | | be reported through the Public Education Information Management |
---|
632 | 632 | | System (PEIMS); |
---|
633 | 633 | | (2) a description of the diagnostic reading |
---|
634 | 634 | | instruments administered in accordance with Section 28.006(c-2) |
---|
635 | 635 | | [28.006(c) or (c-2)]; |
---|
636 | 636 | | (3) the number of students who were administered a |
---|
637 | 637 | | diagnostic reading instrument administered in accordance with |
---|
638 | 638 | | Section 28.006(c-2) [28.006(c) or (c-2)]; |
---|
639 | 639 | | (4) the number of students whose scores from a |
---|
640 | 640 | | diagnostic reading instrument administered in accordance with |
---|
641 | 641 | | Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten |
---|
642 | 642 | | readiness in reading [proficiency]; |
---|
643 | 643 | | (5) the number of kindergarten students who were |
---|
644 | 644 | | enrolled in a prekindergarten program in the previous school year |
---|
645 | 645 | | in the same district or school as the district or school in which |
---|
646 | 646 | | the student attends kindergarten; |
---|
647 | 647 | | (6) the number and percentage of students who perform |
---|
648 | 648 | | satisfactorily on the third grade reading or mathematics assessment |
---|
649 | 649 | | instrument administered under Section 39.023, disaggregated by |
---|
650 | 650 | | whether the student was eligible for free prekindergarten under |
---|
651 | 651 | | Section 29.153; |
---|
652 | 652 | | (7) the number of students described by Subdivision |
---|
653 | 653 | | (6) who attended kindergarten in the district, disaggregated by: |
---|
654 | 654 | | (A) whether the student met the kindergarten |
---|
655 | 655 | | readiness standard on a [the] reading instrument adopted under |
---|
656 | 656 | | Section 28.006; |
---|
657 | 657 | | (B) whether the student attended prekindergarten |
---|
658 | 658 | | in the district; and |
---|
659 | 659 | | (C) the type of prekindergarten the student |
---|
660 | 660 | | attended, if applicable; and |
---|
661 | 661 | | (8) the information described by Subdivisions (6) and |
---|
662 | 662 | | (7) disaggregated by whether the student is educationally |
---|
663 | 663 | | disadvantaged. |
---|
664 | 664 | | SECTION 13. Section 29.161(c), Education Code, is amended |
---|
665 | 665 | | to read as follows: |
---|
666 | 666 | | (c) The system must: |
---|
667 | 667 | | (1) be reflective of research in the field of early |
---|
668 | 668 | | childhood care and education; |
---|
669 | 669 | | (2) be well-grounded in the cognitive, social, and |
---|
670 | 670 | | emotional development of young children; |
---|
671 | 671 | | (3) apply a common set of criteria to each program |
---|
672 | 672 | | provider seeking certification, regardless of the type of program |
---|
673 | 673 | | or source of program funding; and |
---|
674 | 674 | | (4) be capable of fulfilling the reporting and notice |
---|
675 | 675 | | requirements of Section [Sections] 28.006(d) [and (g)]. |
---|
676 | 676 | | SECTION 14. Subchapter E, Chapter 29, Education Code, is |
---|
677 | 677 | | amended by adding Section 29.163 to read as follows: |
---|
678 | 678 | | Sec. 29.163. EARLY CHILDHOOD PARENTAL SUPPORT. (a) The |
---|
679 | 679 | | agency shall establish a list of programs that provide early |
---|
680 | 680 | | childhood parental support. The programs must: |
---|
681 | 681 | | (1) provide for optional participation by a parent; |
---|
682 | 682 | | (2) be designed to assist a parent in supporting the |
---|
683 | 683 | | parent's child in attaining kindergarten readiness; |
---|
684 | 684 | | (3) have demonstrated, through evidence including |
---|
685 | 685 | | random control trials, that the program: |
---|
686 | 686 | | (A) promotes kindergarten readiness; and |
---|
687 | 687 | | (B) increases attendance rates; and |
---|
688 | 688 | | (4) have an established implementation model. |
---|
689 | 689 | | (b) A school district or open-enrollment charter school may |
---|
690 | 690 | | offer a program on the list under Subsection (a) to families with a |
---|
691 | 691 | | child eligible for prekindergarten who reside in the district's or |
---|
692 | 692 | | school's attendance zone. |
---|
693 | 693 | | SECTION 15. Section 29.167, Education Code, is amended by |
---|
694 | 694 | | amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to |
---|
695 | 695 | | read as follows: |
---|
696 | 696 | | (b-1) Notwithstanding Subsection (b), each teacher for a |
---|
697 | 697 | | prekindergarten class provided by an entity with which a school |
---|
698 | 698 | | district contracts to provide a prekindergarten program must: |
---|
699 | 699 | | (1) be certified under Subchapter B, Chapter 21, to |
---|
700 | 700 | | teach prekindergarten or supervised by a person who meets the |
---|
701 | 701 | | requirements under Subsection (b); [and] |
---|
702 | 702 | | (2) have one of the following qualifications: |
---|
703 | 703 | | (A) at least two years' experience of teaching in |
---|
704 | 704 | | a nationally accredited child care program or a Texas Rising Star |
---|
705 | 705 | | Program and: |
---|
706 | 706 | | (i) a Child Development Associate (CDA) |
---|
707 | 707 | | credential or another early childhood education credential |
---|
708 | 708 | | approved by the agency; or |
---|
709 | 709 | | (ii) certification offered through a |
---|
710 | 710 | | training center accredited by Association Montessori |
---|
711 | 711 | | Internationale or through the Montessori Accreditation Council for |
---|
712 | 712 | | Teacher Education; or |
---|
713 | 713 | | (B) a qualification described by Subsection |
---|
714 | 714 | | (b)(2)(A), (D), (E), or (F); and |
---|
715 | 715 | | (3) when appropriate, be appropriately certified or be |
---|
716 | 716 | | supervised by a person who is appropriately certified to provide |
---|
717 | 717 | | effective instruction to emergent bilingual students, as defined by |
---|
718 | 718 | | Section 29.052, enrolled in the prekindergarten program. |
---|
719 | 719 | | (b-3) Subsections (b-1), [and] (b-2), and (b-4) and this |
---|
720 | 720 | | subsection expire September 1, 2029. |
---|
721 | 721 | | (b-4) Subsections (b-1) and (b-2) apply to any |
---|
722 | 722 | | prekindergarten class provided by an entity with which a school |
---|
723 | 723 | | district contracts to provide a prekindergarten program under |
---|
724 | 724 | | Section 29.153. |
---|
725 | 725 | | SECTION 16. Sections 29.934(b) and (d), Education Code, are |
---|
726 | 726 | | amended to read as follows: |
---|
727 | 727 | | (b) To apply to be designated as a resource campus under |
---|
728 | 728 | | this section, the campus must have received an overall performance |
---|
729 | 729 | | rating under Section 39.054 of D or F, or an overall performance |
---|
730 | 730 | | rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for |
---|
731 | 731 | | three [four] years over a 10-year period of time. |
---|
732 | 732 | | (d) To be designated as a resource campus, the campus must: |
---|
733 | 733 | | (1) implement a targeted improvement plan as described |
---|
734 | 734 | | by Chapter 39A and establish a school community partnership team; |
---|
735 | 735 | | (2) adopt an accelerated campus excellence turnaround |
---|
736 | 736 | | plan as provided by Section 39A.105(b) [except that a classroom |
---|
737 | 737 | | teacher who satisfies the requirements for demonstrated |
---|
738 | 738 | | instructional effectiveness under Section 39A.105(b)(3) must also |
---|
739 | 739 | | hold a current designation assigned under Section 21.3521]; |
---|
740 | 740 | | (3) be in a school district that has adopted an |
---|
741 | 741 | | approved local optional teacher designation system under Section |
---|
742 | 742 | | 21.3521; |
---|
743 | 743 | | (4) satisfy certain staff criteria by: |
---|
744 | 744 | | (A) requiring a principal or teacher employed at |
---|
745 | 745 | | the campus before the designation to apply for a position to |
---|
746 | 746 | | continue at the campus; |
---|
747 | 747 | | (B) for a subject in the foundation curriculum |
---|
748 | 748 | | under Section 28.002(a)(1): |
---|
749 | 749 | | (i) employing only teachers who have at |
---|
750 | 750 | | least two [three] years of teaching experience; and |
---|
751 | 751 | | (ii) ensuring that at least 50 percent of |
---|
752 | 752 | | teachers hold a current designation assigned under Section 21.3521; |
---|
753 | 753 | | (C) employing at least one school counselor for |
---|
754 | 754 | | every 300 students; and |
---|
755 | 755 | | (D) employing at least one appropriately |
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756 | 756 | | licensed professional to assist with the social and emotional needs |
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757 | 757 | | of students and staff, who must be a: |
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758 | 758 | | (i) family and community liaison; |
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759 | 759 | | (ii) clinical social worker; |
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760 | 760 | | (iii) specialist in school psychology; or |
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761 | 761 | | (iv) professional counselor; |
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762 | 762 | | (5) implement a positive behavior program as provided |
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763 | 763 | | by Section 37.0013; |
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764 | 764 | | (6) implement a family engagement plan as described by |
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765 | 765 | | Section 29.168; |
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766 | 766 | | (7) develop and implement a plan to use high quality |
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767 | 767 | | instructional materials; |
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768 | 768 | | (8) if the campus is an elementary or middle school |
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769 | 769 | | campus, operate the campus for a school year that qualifies for |
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770 | 770 | | funding under Section 48.0051; and |
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771 | 771 | | (9) annually submit to the commissioner data and |
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772 | 772 | | information required by the commissioner to assess fidelity of |
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773 | 773 | | implementation. |
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774 | 774 | | SECTION 17. Effective September 1, 2028, Section 29.934, |
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775 | 775 | | Education Code, is amended by amending Subsection (b) and adding |
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776 | 776 | | Subsection (b-1) to read as follows: |
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777 | 777 | | (b) To apply to be designated as a resource campus under |
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778 | 778 | | this section, the campus must have received an overall performance |
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779 | 779 | | rating under Section 39.054 of D or F, or an overall performance |
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780 | 780 | | rating under Section 39.054(a-4)(1) of "Not Rated," for three |
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781 | 781 | | [four] years over a 10-year period of time. |
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782 | 782 | | (b-1) Notwithstanding Subsection (b), a campus may apply to |
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783 | 783 | | be designated as a resource campus under this section if the campus |
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784 | 784 | | received an overall performance rating under Section 39.054 of D or |
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785 | 785 | | F, or an overall performance rating under Section 39.054(a-4)(1) or |
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786 | 786 | | former Section 39.0546 of "Not Rated," for three years over a |
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787 | 787 | | 10-year period of time. This subsection expires September 1, 2033. |
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788 | 788 | | SECTION 18. Subchapter B-1, Chapter 31, Education Code, is |
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789 | 789 | | amended by adding Section 31.0754 to read as follows: |
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790 | 790 | | Sec. 31.0754. COMMUNICATION REGARDING HIGH QUALITY |
---|
791 | 791 | | INSTRUCTIONAL MATERIALS. (a) Notwithstanding Chapter 2113, |
---|
792 | 792 | | Government Code, the commissioner may enter into contracts or |
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793 | 793 | | agreements and engage in efforts to communicate information to |
---|
794 | 794 | | parents, classroom teachers, school districts, and open-enrollment |
---|
795 | 795 | | charter schools regarding the educational value, particularly the |
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796 | 796 | | impact on reading and math achievement, of open education resource |
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797 | 797 | | instructional materials made available under this subchapter, |
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798 | 798 | | including activities to promote, market, and advertise the content |
---|
799 | 799 | | included in and how to use those materials. |
---|
800 | 800 | | (b) The commissioner may use appropriated funds to pay for |
---|
801 | 801 | | activities authorized under this section. |
---|
802 | 802 | | SECTION 19. Section 39.333, Education Code, is amended to |
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803 | 803 | | read as follows: |
---|
804 | 804 | | Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of |
---|
805 | 805 | | the comprehensive biennial report under Section 39.332, the agency |
---|
806 | 806 | | shall submit a regional and district level report covering the |
---|
807 | 807 | | preceding two school years and containing: |
---|
808 | 808 | | (1) a summary of school district compliance with the |
---|
809 | 809 | | student/teacher ratios and class-size limitations prescribed by |
---|
810 | 810 | | Sections 25.111 and 25.112, including: |
---|
811 | 811 | | (A) the number of campuses and classes at each |
---|
812 | 812 | | campus granted an exception from Section 25.112; and |
---|
813 | 813 | | (B) for each campus granted an exception from |
---|
814 | 814 | | Section 25.112, a statement of whether the campus has been awarded a |
---|
815 | 815 | | distinction designation under Subchapter G or has been identified |
---|
816 | 816 | | as an unacceptable campus under Chapter 39A; |
---|
817 | 817 | | (2) a summary of the exemptions and waivers granted to |
---|
818 | 818 | | campuses and school districts under Section 7.056 or 39.232 and a |
---|
819 | 819 | | review of the effectiveness of each campus or district following |
---|
820 | 820 | | deregulation; |
---|
821 | 821 | | (3) an evaluation of the performance of the system of |
---|
822 | 822 | | regional education service centers based on the indicators adopted |
---|
823 | 823 | | under Section 8.101 and client satisfaction with services provided |
---|
824 | 824 | | under Subchapter B, Chapter 8; and |
---|
825 | 825 | | (4) [an evaluation of accelerated instruction |
---|
826 | 826 | | programs offered under Section 28.006, including an assessment of |
---|
827 | 827 | | the quality of such programs and the performance of students |
---|
828 | 828 | | enrolled in such programs; and |
---|
829 | 829 | | [(5)] the number of classes at each campus that are |
---|
830 | 830 | | currently being taught by individuals who are not certified in the |
---|
831 | 831 | | content areas of their respective classes. |
---|
832 | 832 | | SECTION 20. Section 48.0051, Education Code, is amended by |
---|
833 | 833 | | amending Subsections (a), (b), and (d) and adding Subsection (b-1) |
---|
834 | 834 | | to read as follows: |
---|
835 | 835 | | (a) The [Subject to Subsection (a-1), the] commissioner |
---|
836 | 836 | | shall adjust the average daily attendance of a school district or |
---|
837 | 837 | | open-enrollment charter school under Section 48.005 in the manner |
---|
838 | 838 | | provided by Subsection (b) if the district or school: |
---|
839 | 839 | | (1) provides the minimum number of minutes of |
---|
840 | 840 | | operational and instructional time required under Section 25.081 |
---|
841 | 841 | | and commissioner rules adopted under that section over at least 175 |
---|
842 | 842 | | [180] days of instruction; and |
---|
843 | 843 | | (2) offers an additional 30 days of half-day |
---|
844 | 844 | | instruction for students enrolled in prekindergarten through |
---|
845 | 845 | | eighth [fifth] grade. |
---|
846 | 846 | | (b) Subject to Subsection (b-1), for [For] a school district |
---|
847 | 847 | | or open-enrollment charter school described by Subsection (a), the |
---|
848 | 848 | | commissioner shall increase the average daily attendance of the |
---|
849 | 849 | | district or school under Section 48.005 by the amount that results |
---|
850 | 850 | | from the quotient of the sum of attendance by students described by |
---|
851 | 851 | | Subsection (a)(2) for each of the 30 additional instructional days |
---|
852 | 852 | | of half-day instruction that are provided divided by 175 [180]. |
---|
853 | 853 | | (b-1) For a school district or open-enrollment charter |
---|
854 | 854 | | school described by Subsection (a) that provides at least 200 full |
---|
855 | 855 | | days of instruction to students described by Subsection (a)(2), the |
---|
856 | 856 | | commissioner shall increase the amount computed for the district or |
---|
857 | 857 | | school under Subsection (b) by 50 percent. |
---|
858 | 858 | | (d) This section does not prohibit a school district from |
---|
859 | 859 | | providing the minimum number of minutes of operational and |
---|
860 | 860 | | instructional time required under Section 25.081 and commissioner |
---|
861 | 861 | | rules adopted under that section over fewer than 175 [180] days of |
---|
862 | 862 | | instruction. |
---|
863 | 863 | | SECTION 21. Subchapter A, Chapter 48, Education Code, is |
---|
864 | 864 | | amended by adding Section 48.0052 to read as follows: |
---|
865 | 865 | | Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS |
---|
866 | 866 | | FOR READING INTERVENTIONS. (a) The commissioner shall adjust the |
---|
867 | 867 | | average daily attendance of a school district or open-enrollment |
---|
868 | 868 | | charter school under Section 48.005 in the manner provided by |
---|
869 | 869 | | Subsection (b) if the district or school: |
---|
870 | 870 | | (1) does not qualify for funding under Section |
---|
871 | 871 | | 48.0051; |
---|
872 | 872 | | (2) provides the minimum number of minutes of |
---|
873 | 873 | | operational and instructional time required under Section 25.081 |
---|
874 | 874 | | and commissioner rules adopted under that section over at least 180 |
---|
875 | 875 | | days of instruction; and |
---|
876 | 876 | | (3) offers up to an additional 30 days of half-day |
---|
877 | 877 | | instruction consisting of reading interventions described by |
---|
878 | 878 | | Section 28.0064 for students who are required to be provided |
---|
879 | 879 | | reading interventions under that section. |
---|
880 | 880 | | (b) For a school district or open-enrollment charter school |
---|
881 | 881 | | described by Subsection (a), the commissioner shall increase the |
---|
882 | 882 | | average daily attendance of the district or school under Section |
---|
883 | 883 | | 48.005 by 50 percent of the amount that results from the quotient of |
---|
884 | 884 | | the sum of attendance by students described by Subsection (a)(3) |
---|
885 | 885 | | for each of the additional instructional days of half-day |
---|
886 | 886 | | instruction that are provided divided by 175. |
---|
887 | 887 | | (c) The agency shall assist school districts and |
---|
888 | 888 | | open-enrollment charter schools in qualifying for the incentive |
---|
889 | 889 | | under this section. |
---|
890 | 890 | | (d) The commissioner shall adopt rules necessary for the |
---|
891 | 891 | | implementation of this section. |
---|
892 | 892 | | SECTION 22. Sections 48.108(a) and (b), Education Code, are |
---|
893 | 893 | | amended to read as follows: |
---|
894 | 894 | | (a) For each student in average daily attendance in |
---|
895 | 895 | | kindergarten through third grade, a school district is entitled to |
---|
896 | 896 | | an annual allotment equal to the basic allotment multiplied by 0.11 |
---|
897 | 897 | | [0.1] if the student is: |
---|
898 | 898 | | (1) educationally disadvantaged; or |
---|
899 | 899 | | (2) an emergent bilingual student, as defined by |
---|
900 | 900 | | Section 29.052, and is in a bilingual education or special language |
---|
901 | 901 | | program under Subchapter B, Chapter 29. |
---|
902 | 902 | | (b) Funds allocated under this section must be used to fund: |
---|
903 | 903 | | (1) the attendance of teachers employed by the |
---|
904 | 904 | | district at teacher literacy achievement academies under Section |
---|
905 | 905 | | 21.4552 or teacher mathematics achievement academies under Section |
---|
906 | 906 | | 21.4553; |
---|
907 | 907 | | (2) prekindergarten programs under Subchapters E and |
---|
908 | 908 | | E-1, Chapter 29; and |
---|
909 | 909 | | (3) programs and services designed to improve student |
---|
910 | 910 | | performance in reading and mathematics in prekindergarten through |
---|
911 | 911 | | third grade, including programs and services designed to assist the |
---|
912 | 912 | | district in achieving the goals set in the district's early |
---|
913 | 913 | | childhood literacy and mathematics proficiency plans adopted under |
---|
914 | 914 | | Section 11.185. |
---|
915 | 915 | | SECTION 23. Subchapter C, Chapter 48, Education Code, is |
---|
916 | 916 | | amended by adding Section 48.122 to read as follows: |
---|
917 | 917 | | Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT. (a) |
---|
918 | 918 | | Except as provided by Subsections (b) and (c), for each enrolled |
---|
919 | 919 | | student receiving reading interventions under Section 28.0064, a |
---|
920 | 920 | | school district is entitled to an annual allotment of $250, or a |
---|
921 | 921 | | greater amount provided by appropriation. |
---|
922 | 922 | | (b) A school district may not receive funding under this |
---|
923 | 923 | | section for a student for which the district receives an allotment |
---|
924 | 924 | | under Section 48.103. |
---|
925 | 925 | | (c) A school district may receive funding under this section |
---|
926 | 926 | | for not more than 10 percent of students enrolled in the district in |
---|
927 | 927 | | kindergarten through third grade. |
---|
928 | 928 | | SECTION 24. Section 48.257, Education Code, is amended by |
---|
929 | 929 | | adding Subsection (b-1) to read as follows: |
---|
930 | 930 | | (b-1) If for any school year a school district receives an |
---|
931 | 931 | | adjustment under Subsection (b) and, after that adjustment, is no |
---|
932 | 932 | | longer subject to Subsection (a), the district is entitled to |
---|
933 | 933 | | additional state aid for that school year in an amount equal to the |
---|
934 | 934 | | lesser of: |
---|
935 | 935 | | (1) the difference, if the difference is greater than |
---|
936 | 936 | | zero, between: |
---|
937 | 937 | | (A) the amount to which the district is entitled |
---|
938 | 938 | | under Subchapters B, C, and D less the district's distribution from |
---|
939 | 939 | | the available school fund for that school year; and |
---|
940 | 940 | | (B) the district's tier one maintenance and |
---|
941 | 941 | | operations tax collections for that school year; or |
---|
942 | 942 | | (2) the sum of the district's allotments under |
---|
943 | 943 | | Sections 48.0051, 48.110, and 48.112 for that school year. |
---|
944 | 944 | | SECTION 25. Subchapter G, Chapter 48, Education Code, is |
---|
945 | 945 | | amended by adding Sections 48.310 and 48.315 to read as follows: |
---|
946 | 946 | | Sec. 48.310. EARLY CHILDHOOD PARENTAL SUPPORT FUNDING. (a) |
---|
947 | 947 | | A school district or open-enrollment charter school that implements |
---|
948 | 948 | | an early childhood parental support program on the list established |
---|
949 | 949 | | by the agency under Section 29.163 may elect to receive a funding |
---|
950 | 950 | | adjustment as provided by this section. |
---|
951 | 951 | | (b) For each child who is eligible to receive free |
---|
952 | 952 | | prekindergarten under Section 29.153 and whose family participates |
---|
953 | 953 | | in an early childhood parental support program under Section 29.163 |
---|
954 | 954 | | offered by a school district or open-enrollment charter school, the |
---|
955 | 955 | | district or school is entitled to an amount equal to the basic |
---|
956 | 956 | | allotment multiplied by 0.2. |
---|
957 | 957 | | (c) For each child for whom a school district or |
---|
958 | 958 | | open-enrollment charter school receives funding under Subsection |
---|
959 | 959 | | (b) for a school year, the commissioner shall reduce the district's |
---|
960 | 960 | | or school's entitlement under this chapter for the subsequent five |
---|
961 | 961 | | school years by an amount equal to the basic allotment multiplied by |
---|
962 | 962 | | 0.02. |
---|
963 | 963 | | (d) Notwithstanding any other provision of this chapter or |
---|
964 | 964 | | Chapter 49, the agency may make a modification to the Foundation |
---|
965 | 965 | | School Program requirements to ensure that a school district's or |
---|
966 | 966 | | open-enrollment charter school's entitlement is adjusted only as |
---|
967 | 967 | | necessary for the district or school to receive funding in |
---|
968 | 968 | | accordance with this section. |
---|
969 | 969 | | Sec. 48.315. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT; |
---|
970 | 970 | | FUNDING ADJUSTMENT. (a) A student to whom the agency provides a |
---|
971 | 971 | | grant under Section 28.02111 is entitled to receive an amount of |
---|
972 | 972 | | $750, or a greater amount provided by appropriation. |
---|
973 | 973 | | (b) A student may receive only one grant under Section |
---|
974 | 974 | | 28.02111. |
---|
975 | 975 | | (c) Subject to Subsection (d), beginning with the 2030-2031 |
---|
976 | 976 | | school year, the agency shall reduce the school district's |
---|
977 | 977 | | entitlement under this chapter each school year by $750 for each |
---|
978 | 978 | | student who both: |
---|
979 | 979 | | (1) received and used a grant under Section 28.02111 |
---|
980 | 980 | | during the preceding school year; and |
---|
981 | 981 | | (2) was enrolled in the district from kindergarten |
---|
982 | 982 | | through third grade. |
---|
983 | 983 | | (d) For a student described by Subsection (c) who is |
---|
984 | 984 | | eligible to participate in a school district's special education |
---|
985 | 985 | | program under Section 29.003, the agency shall reduce the |
---|
986 | 986 | | district's entitlement in accordance with Subsection (c) by $325. |
---|
987 | 987 | | (e) Notwithstanding Section 7.057, a determination by the |
---|
988 | 988 | | commissioner under this section is final and may not be appealed. |
---|
989 | 989 | | SECTION 26. The following sections of the Education Code |
---|
990 | 990 | | are repealed: |
---|
991 | 991 | | (1) Section 7.058; |
---|
992 | 992 | | (2) Section 21.4552(f); |
---|
993 | 993 | | (3) Section 21.4553(f); |
---|
994 | 994 | | (4) Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i), |
---|
995 | 995 | | (j), and (k); and |
---|
996 | 996 | | (5) Section 28.007. |
---|
997 | 997 | | SECTION 27. Sections 12.104, 21.4552, 21.4553, 25.085, |
---|
998 | 998 | | 28.006, 29.1543, 29.167, 29.934, and 39.333, Education Code, as |
---|
999 | 999 | | amended by this Act, and Sections 28.0063, 28.0064, 28.0065, |
---|
1000 | 1000 | | 28.02111, and 29.163, Education Code, as added by this Act, apply |
---|
1001 | 1001 | | beginning with the 2025-2026 school year. |
---|
1002 | 1002 | | SECTION 28. (a) Sections 48.0051 and 48.108, Education |
---|
1003 | 1003 | | Code, as amended by this Act, and Sections 48.0052, 48.122, |
---|
1004 | 1004 | | 48.257(b-1), 48.310, and 48.315, Education Code, as added by this |
---|
1005 | 1005 | | Act, take effect September 1, 2025. |
---|
1006 | 1006 | | (b) Except as provided by Subsection (a) of this section, |
---|
1007 | 1007 | | this Act takes effect immediately if it receives a vote of |
---|
1008 | 1008 | | two-thirds of all the members elected to each house, as provided by |
---|
1009 | 1009 | | Section 39, Article III, Texas Constitution. If this Act does not |
---|
1010 | 1010 | | receive the vote necessary for immediate effect, this Act takes |
---|
1011 | 1011 | | effect September 1, 2025. |
---|