Texas 2025 - 89th Regular

Texas House Bill HB123 Compare Versions

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11 89R14109 PRL-F
22 By: Dutton H.B. No. 123
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to measures to support kindergarten readiness and early
1010 literacy and numeracy skills for public school students, including
1111 an early childhood parental support program, and to funding under
1212 the Foundation School Program for certain school districts and to
1313 support those measures.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. Section 12.104(b), Education Code, is amended to
1616 read as follows:
1717 (b) An open-enrollment charter school is subject to:
1818 (1) a provision of this title establishing a criminal
1919 offense;
2020 (2) the provisions in Chapter 554, Government Code;
2121 and
2222 (3) a prohibition, restriction, or requirement, as
2323 applicable, imposed by this title or a rule adopted under this
2424 title, relating to:
2525 (A) the Public Education Information Management
2626 System (PEIMS) to the extent necessary to monitor compliance with
2727 this subchapter as determined by the commissioner;
2828 (B) criminal history records under Subchapter C,
2929 Chapter 22;
3030 (C) reading and mathematics instruments and
3131 reading interventions [accelerated reading instruction programs]
3232 under Sections [Section] 28.006, 28.0063, and 28.0064;
3333 (D) accelerated instruction under Section
3434 28.0211;
3535 (E) high school graduation requirements under
3636 Section 28.025;
3737 (F) special education programs under Subchapter
3838 A, Chapter 29;
3939 (G) bilingual education under Subchapter B,
4040 Chapter 29;
4141 (H) prekindergarten programs under Subchapter E
4242 or E-1, Chapter 29, except class size limits for prekindergarten
4343 classes imposed under Section 25.112, which do not apply;
4444 (I) extracurricular activities under Section
4545 33.081;
4646 (J) discipline management practices or behavior
4747 management techniques under Section 37.0021;
4848 (K) health and safety under Chapter 38;
4949 (L) the provisions of Subchapter A, Chapter 39;
5050 (M) public school accountability and special
5151 investigations under Subchapters A, B, C, D, F, G, and J, Chapter
5252 39, and Chapter 39A;
5353 (N) the requirement under Section 21.006 to
5454 report an educator's misconduct;
5555 (O) intensive programs of instruction under
5656 Section 28.0213;
5757 (P) the right of a school employee to report a
5858 crime, as provided by Section 37.148;
5959 (Q) bullying prevention policies and procedures
6060 under Section 37.0832;
6161 (R) the right of a school under Section 37.0052
6262 to place a student who has engaged in certain bullying behavior in a
6363 disciplinary alternative education program or to expel the student;
6464 (S) the right under Section 37.0151 to report to
6565 local law enforcement certain conduct constituting assault or
6666 harassment;
6767 (T) a parent's right to information regarding the
6868 provision of assistance for learning difficulties to the parent's
6969 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
7070 (U) establishment of residency under Section
7171 25.001;
7272 (V) school safety requirements under Sections
7373 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
7474 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
7575 37.2071 and Subchapter J, Chapter 37;
7676 (W) the early childhood literacy and mathematics
7777 proficiency plans under Section 11.185;
7878 (X) the college, career, and military readiness
7979 plans under Section 11.186; and
8080 (Y) parental options to retain a student under
8181 Section 28.02124.
8282 SECTION 2. The heading to Section 21.4552, Education Code,
8383 is amended to read as follows:
8484 Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING
8585 INTERVENTION ACADEMIES.
8686 SECTION 3. Section 21.4552, Education Code, is amended by
8787 amending Subsections (b) and (d) and adding Subsections (d-1), (g),
8888 (h), and (i) to read as follows:
8989 (b) A literacy achievement academy developed under this
9090 section:
9191 (1) for teachers who provide reading instruction to
9292 students at the kindergarten or first, second, or third grade
9393 level:
9494 (A) must include training in:
9595 (i) effective and systematic instructional
9696 practices in reading, including phonemic awareness, phonics,
9797 fluency, vocabulary, and comprehension; and
9898 (ii) the use of empirically validated
9999 instructional methods that are appropriate for struggling readers;
100100 and
101101 (B) may include training in effective
102102 instructional practices in writing;
103103 (2) for teachers who provide reading instruction to
104104 students at the fourth or fifth grade level:
105105 (A) must include effective instructional
106106 practices that promote student development of reading
107107 comprehension and inferential and critical thinking;
108108 (B) must provide training in the use of
109109 empirically validated instructional methods that are appropriate
110110 for struggling readers; and
111111 (C) may include material on writing instruction;
112112 (3) for teachers who provide reading instruction to
113113 students at the sixth, seventh, or eighth grade level, must include
114114 training in:
115115 (A) strategies to be implemented in English
116116 language arts and other subject areas for multisyllable word
117117 reading, vocabulary development, and comprehension of expository
118118 and narrative text;
119119 (B) an adaptation framework that enables
120120 teachers to respond to differing student strengths and needs,
121121 including adaptations for students of limited English proficiency
122122 or students receiving special education services under Subchapter
123123 A, Chapter 29;
124124 (C) collaborative strategies to increase active
125125 student involvement and motivation to read; and
126126 (D) other areas identified by the commissioner as
127127 essential components of reading instruction; and
128128 (4) [for teachers who provide reading instruction to
129129 students at the seventh or eighth grade level, must include
130130 training in:
131131 [(A) administration of the reading instrument
132132 required by Section 28.006(c-1); and
133133 [(B) interpretation of the results of the reading
134134 instrument required by Section 28.006(c-1) and strategies, based on
135135 scientific research regarding effective reading instruction, for
136136 long-term intensive intervention to target identified student
137137 needs in word recognition, vocabulary, fluency, and comprehension;
138138 and
139139 [(5)] for teachers who provide instruction in
140140 mathematics, science, or social studies to students at the sixth,
141141 seventh, or eighth grade level, must include training in:
142142 (A) strategies for incorporating reading
143143 instruction into the curriculum for the subject area taught by the
144144 teacher; and
145145 (B) other areas identified by the commissioner.
146146 (d) Except as provided by Subsection (d-1), from [From]
147147 funds provided under Section 48.108 or appropriated for that
148148 purpose, a classroom teacher who provides instruction to students
149149 in kindergarten through third grade and attends a literacy
150150 achievement academy is entitled to receive a stipend from the
151151 school district in the amount determined by the commissioner. From
152152 funds appropriated for that purpose, a district may provide a
153153 stipend to a classroom teacher who provides instruction to students
154154 in a grade level above third grade. A stipend received under this
155155 subsection is not considered in determining whether a school
156156 district is paying the classroom teacher the minimum monthly salary
157157 under Section 21.402.
158158 (d-1) A classroom teacher is not eligible for a stipend
159159 under Subsection (d) if the teacher:
160160 (1) is currently enrolled in an educator preparation
161161 program;
162162 (2) attends the literacy achievement academy on a day
163163 or during hours of service included in the term of the teacher's
164164 contract; or
165165 (3) is not directed or approved by the school district
166166 at which the teacher is employed to attend the literacy achievement
167167 academy.
168168 (g) The agency shall develop a method for evaluating a
169169 literacy achievement academy to determine the effectiveness of the
170170 academy, including whether the academy improves teaching practices
171171 and student literacy proficiency. A school district or
172172 open-enrollment charter school shall provide any information
173173 requested by the agency for purposes of evaluating literacy
174174 achievement academies under this subsection.
175175 (h) In addition to the literacy achievement academies
176176 developed under Subsection (a), the commissioner shall develop and
177177 make available reading intervention academies for teachers who
178178 provide reading interventions to students who require accelerated
179179 instruction in foundational reading skills.
180180 (i) The commissioner may establish an advisory board to
181181 assist the agency in fulfilling the agency's duties under this
182182 section. Chapter 2110, Government Code, does not apply to an
183183 advisory board established under this subsection.
184184 SECTION 4. The heading to Section 21.4553, Education Code,
185185 is amended to read as follows:
186186 Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND
187187 INTERVENTIONIST ACADEMIES.
188188 SECTION 5. Section 21.4553, Education Code, is amended by
189189 amending Subsection (d) and adding Subsections (d-1), (d-2), (g),
190190 (h), and (i) to read as follows:
191191 (d) Except as provided by Subsection (d-1), from [From]
192192 funds appropriated for that purpose, a classroom teacher who
193193 attends a mathematics achievement academy is entitled to receive a
194194 stipend in the amount determined by the commissioner. A stipend
195195 received under this subsection is not considered in determining
196196 whether a district is paying the classroom teacher the minimum
197197 monthly salary under Section 21.402.
198198 (d-1) A classroom teacher is not eligible for a stipend
199199 under Subsection (d) if the teacher:
200200 (1) is currently enrolled in an educator preparation
201201 program;
202202 (2) attends the mathematics achievement academy on a
203203 day or during hours of service included in the term of the teacher's
204204 contract; or
205205 (3) is not directed or approved by the school district
206206 at which the teacher is employed to attend the mathematics
207207 achievement academy.
208208 (d-2) From funds provided under Section 48.108 or
209209 appropriated for that purpose, a school district or open-enrollment
210210 charter school must pay for the costs for a classroom teacher
211211 employed by the district or school to attend a mathematics
212212 achievement academy.
213213 (g) The agency shall develop a method for evaluating a
214214 mathematics achievement academy to determine the effectiveness of
215215 the academy, including whether the academy improves teaching
216216 practices and student math proficiency. A school district or
217217 open-enrollment charter school shall provide any information
218218 requested by the agency for purposes of evaluating mathematics
219219 achievement academies under this subsection.
220220 (h) In addition to the mathematics achievement academies
221221 developed under Subsection (a), the commissioner shall develop and
222222 make available mathematics interventionist academies for a teacher
223223 who provides additional support to students who require accelerated
224224 instruction in mathematics.
225225 (i) The commissioner may establish an advisory board to
226226 assist the agency in fulfilling the agency's duties under this
227227 section. Chapter 2110, Government Code, does not apply to an
228228 advisory board established under this subsection.
229229 SECTION 6. Subchapter C, Chapter 25, Education Code, is
230230 amended by adding Section 25.0816 to read as follows:
231231 Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT
232232 PROGRAM. (a) From money appropriated or otherwise available for
233233 the purpose, the agency shall establish and administer a grant
234234 program to provide funding and technical assistance to school
235235 districts and open-enrollment charter schools to plan the school
236236 year and adjust operations as necessary to qualify for the
237237 incentive funding under Section 48.0051.
238238 (b) In awarding grants under the program, the agency shall
239239 prioritize school districts and open-enrollment charter schools
240240 that seek to maximize incentive funding under Section 48.0051.
241241 (c) The agency may solicit and accept gifts, grants, and
242242 donations for purposes of this section.
243243 SECTION 7. Section 25.085(d), Education Code, is amended to
244244 read as follows:
245245 (d) Unless specifically exempted by Section 25.086, a
246246 student enrolled in a school district must attend:
247247 (1) an extended-year program for which the student is
248248 eligible that is provided by the district for students identified
249249 as likely not to be promoted to the next grade level or tutorial
250250 classes required by the district under Section 29.084;
251251 (2) a reading intervention program [an accelerated
252252 reading instruction program] to which the student is assigned under
253253 Section 28.0064 [28.006(g)];
254254 (3) an accelerated instruction program to which the
255255 student is assigned under Section 28.0211;
256256 (4) a basic skills program to which the student is
257257 assigned under Section 29.086; or
258258 (5) a summer program provided under Section 37.008(l)
259259 or Section 37.021.
260260 SECTION 8. The heading to Section 28.006, Education Code,
261261 is amended to read as follows:
262262 Sec. 28.006. KINDERGARTEN READING DIAGNOSIS.
263263 SECTION 9. Section 28.006, Education Code, is amended by
264264 amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and
265265 (h) and adding Subsection (n) to read as follows:
266266 (a) The commissioner shall develop recommendations for
267267 school districts for:
268268 (1) administering reading instruments, including an
269269 instrument developed under Section 28.0063, to diagnose student
270270 foundational literacy skills in reading development and
271271 comprehension;
272272 (2) training educators in administering the reading
273273 instruments; and
274274 (3) applying the results of the reading instruments to
275275 the instructional program.
276276 (b) The commissioner shall adopt a [list of] reading
277277 instrument [instruments] that a school district shall [may] use to
278278 diagnose the foundational literacy skills in [student] reading
279279 development and comprehension of students enrolled in
280280 kindergarten. A reading instrument adopted under this subsection
281281 may include other developmental skills as part of [For use in
282282 diagnosing the reading development and comprehension of
283283 kindergarten students, the commissioner shall adopt] a
284284 multidimensional assessment tool [that includes a reading
285285 instrument and tests at least three developmental skills, including
286286 literacy. A multidimensional assessment tool administered as
287287 provided by this subsection is considered to be a reading
288288 instrument for purposes of this section. A district-level
289289 committee established under Subchapter F, Chapter 11, may adopt a
290290 list of reading instruments for use in the district in a grade level
291291 other than kindergarten in addition to the reading instruments on
292292 the commissioner's list]. A [Each] reading instrument adopted by
293293 the commissioner [or a district-level committee] must be based on
294294 scientific research concerning foundational literacy skills in
295295 reading [skills] development and [reading] comprehension. A [list
296296 of] reading instrument [instruments] adopted under this subsection
297297 must provide for diagnosing the foundational literacy skills in
298298 reading development and comprehension of a student [students]
299299 participating in a program under Subchapter B, Chapter 29.
300300 (b-1) The commissioner may approve an alternative reading
301301 instrument for use in diagnosing the foundational literacy skills
302302 in reading development and comprehension of kindergarten students
303303 that complies with the requirements under Subsection (b).
304304 (c-2) Not later than the 60th day after the beginning of the
305305 school year, each [Each] school district shall administer at the
306306 kindergarten level a reading instrument adopted by the commissioner
307307 under Subsection (b) or approved by the commissioner under
308308 Subsection (b-1). The district shall administer the reading
309309 instrument in accordance with the commissioner's recommendations
310310 under Subsection (a)(1) and policies developed by commissioner
311311 rule.
312312 (c-3) The commissioner by rule shall determine the
313313 performance on a [the] reading instrument adopted or approved under
314314 this section [Subsection (b)] that indicates kindergarten
315315 readiness.
316316 (d) The superintendent of each school district shall:
317317 (1) report to the commissioner and the board of
318318 trustees of the district the results of a [the] reading instrument
319319 administered to students under this section [instruments];
320320 (2) not later than the 30th [60th] calendar day after
321321 the date on which the results of a reading instrument are available,
322322 [was administered] report, in writing or electronically, to a
323323 student's parent or guardian the student's results on the
324324 instrument; and
325325 (3) using the school readiness certification system
326326 provided to the school district in accordance with Section
327327 29.161(e), report electronically each student's raw score on the
328328 reading instrument to the agency for use in the school readiness
329329 certification system.
330330 (f) The agency shall ensure at least one reading instrument
331331 adopted or approved [for each grade level for which a reading
332332 instrument is required to be administered] under this section is
333333 available to school districts at no cost.
334334 (h) The school district shall make a good faith effort to
335335 ensure that the report [notice] required under Subsection (d)(2)
336336 [this section] is provided either in person or electronically [by
337337 regular mail] and that the report [notice] is clear and easy to
338338 understand and is written in English and in the parent or guardian's
339339 native language.
340340 (n) The admission, review, and dismissal committee of a
341341 student who participates in a school district's special education
342342 program under Subchapter A, Chapter 29, may modify any requirement
343343 for student participation under this section.
344344 SECTION 10. Subchapter A, Chapter 28, Education Code, is
345345 amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071
346346 to read as follows:
347347 Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS. (a)
348348 The commissioner shall adopt a list of reading and mathematics
349349 instruments approved or developed by the commissioner for use by
350350 school districts in kindergarten through grade three to diagnose
351351 foundational literacy skills in reading development and
352352 comprehension and foundational numeracy skills in mathematics.
353353 (b) A reading or mathematics instrument adopted under
354354 Subsection (a) must:
355355 (1) be based on scientific research concerning, as
356356 applicable:
357357 (A) foundational literacy skills in reading
358358 development and comprehension; or
359359 (B) foundational numeracy skills in mathematics;
360360 (2) be capable of being administered at the beginning,
361361 middle, and end of the school year, except for a substitute
362362 instrument allowed under Subsection (d);
363363 (3) be designed to assess the performance of students
364364 in, as applicable:
365365 (A) the foundational literacy skills components
366366 of the essential knowledge and skills adopted under Section 28.002
367367 for language arts; or
368368 (B) the foundational numeracy skills components
369369 of the essential knowledge and skills adopted under Section 28.002
370370 for mathematics;
371371 (4) be capable of monitoring student progress in a
372372 manner that allows school district staff to identify specific
373373 foundational literacy or numeracy skills in need of targeted
374374 instruction;
375375 (5) assess whether a student's performance in
376376 foundational literacy or numeracy skills indicates that the student
377377 is at risk, as determined by the commissioner, of not achieving
378378 satisfactory performance on the third grade reading or mathematics
379379 assessment administered under Section 39.023;
380380 (6) for a reading instrument, include applicable
381381 elements required for a screening for dyslexia and related
382382 disorders under Section 38.003; and
383383 (7) for a reading instrument, allow a school district
384384 to generate a report regarding a student's reading progress that is
385385 clear and easy to understand that may be distributed to the
386386 student's parent in English, Spanish, or, to the extent
387387 practicable, any other language spoken by the parent.
388388 (c) The commissioner shall:
389389 (1) update the list of reading and mathematics
390390 instruments adopted under Subsection (a) not less than once every
391391 four years;
392392 (2) ensure the list adopted under Subsection (a)
393393 includes multiple reading and mathematics instruments;
394394 (3) develop a process by which a school district may
395395 submit an instrument to the commissioner for approval; and
396396 (4) make publicly available the criteria for the
397397 evaluation and approval of an instrument submitted to the
398398 commissioner.
399399 (d) The commissioner may allow a school district to
400400 substitute:
401401 (1) an instrument adopted or approved under Section
402402 28.006 for an instrument adopted under this section that is
403403 administered to a kindergarten student at the beginning of the
404404 school year;
405405 (2) an interim assessment instrument adopted or
406406 developed under Section 39.023(o) for an instrument adopted under
407407 this section; or
408408 (3) a third grade assessment instrument adopted or
409409 developed under Section 39.023 for an instrument adopted under this
410410 section that is administered at the end of the school year for a
411411 third grade student.
412412 (e) A school district shall administer to students in
413413 kindergarten through third grade a reading and mathematics
414414 instrument adopted under Subsection (a) in accordance with
415415 requirements established by the commissioner under this section.
416416 (f) The superintendent of each school district shall:
417417 (1) report to the commissioner and the board of
418418 trustees of the district the results of a reading or mathematics
419419 instrument administered to students under this section; and
420420 (2) not later than the 30th calendar day after the date
421421 on which the results of a reading or mathematics instrument are
422422 available, report, in writing or electronically, to a student's
423423 parent or guardian:
424424 (A) the student's results on the instrument;
425425 (B) for a reading instrument, the report
426426 described by Subsection (b)(7); and
427427 (C) if the student is determined to be at risk for
428428 dyslexia or a related disorder based on the results of the reading
429429 instrument, information regarding that determination.
430430 (g) For each student in kindergarten through third grade who
431431 is determined to have dyslexia or a related disorder, the district
432432 shall:
433433 (1) notify the student's parent or guardian of the
434434 determination and provide to the parent or guardian information
435435 regarding the Talking Book Program offered by the Texas State
436436 Library and Archives Commission; and
437437 (2) ensure that the district is complying with the
438438 requirements of Section 29.0031 with respect to the student.
439439 (h) The agency shall establish a list of reading and
440440 mathematics instruments adopted under Subsection (a) for which the
441441 agency has negotiated a price. A school district is not required to
442442 use a method provided by Section 44.031 to purchase an instrument on
443443 the list established under this subsection.
444444 (i) A student's parent or guardian may submit a written
445445 request to the administrator of the campus at which the student is
446446 enrolled to opt the student out of the administration of a reading
447447 or mathematics instrument required under this section. A school
448448 district may not encourage or direct a parent or guardian to submit
449449 a written request under this subsection.
450450 (j) The commissioner shall adopt rules as necessary to
451451 implement this section.
452452 (k) Section 2001.0045, Government Code, does not apply to a
453453 rule adopted under this section.
454454 (l) A school district may comply with the requirements of
455455 Subsection (e) by administering a reading or mathematics instrument
456456 selected by the board of trustees of the school district that meets
457457 the requirements of Subsection (b) until the commissioner adopts
458458 the list of reading and mathematics instruments under Subsection
459459 (a). This subsection expires September 1, 2029.
460460 Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN
461461 STUDENTS. (a) If a student's results on two consecutive reading
462462 instruments administered under Section 28.0063 indicate that the
463463 student is at risk, as determined by the commissioner, of not
464464 achieving satisfactory performance in foundational literacy, a
465465 school district shall, as soon as practicable following the receipt
466466 of the student's results, provide reading interventions to the
467467 student during the subsequent 12 months.
468468 (b) Reading interventions provided under Subsection (a)
469469 must:
470470 (1) include targeted instruction in the foundational
471471 literacy skills identified as areas in need of targeted instruction
472472 by the reading instrument administered under Section 28.0063;
473473 (2) ensure that the student receives the interventions
474474 during a period and at a frequency sufficient to address the areas
475475 described by Subdivision (1);
476476 (3) include effective instructional materials
477477 designed for reading intervention;
478478 (4) be provided by a person:
479479 (A) with training in reading interventions and in
480480 the applicable instructional materials described by Subdivision
481481 (3); and
482482 (B) under the oversight of the school district;
483483 (5) to the extent possible, be provided by one person
484484 for the entirety of the student's reading intervention period; and
485485 (6) meet any additional requirements adopted by the
486486 commissioner.
487487 (c) A school district shall continue providing reading
488488 intervention to a student under this section until the earlier of
489489 the date on which:
490490 (1) the student is no longer determined to be at risk,
491491 as determined by the commissioner, of not achieving satisfactory
492492 performance in foundational literacy on a reading instrument
493493 administered under Section 28.0063; or
494494 (2) the student begins the fourth grade.
495495 (d) In providing reading interventions under this section,
496496 a school district may not remove a student, except under
497497 circumstances for which a student enrolled in the same grade level
498498 who is not receiving reading interventions would be removed, from:
499499 (1) instruction in the foundation curriculum and
500500 enrichment curriculum adopted under Section 28.002 for the grade
501501 level in which the student is enrolled; or
502502 (2) recess or other physical activity that is
503503 available to other students enrolled in the same grade level.
504504 (e) The agency shall approve one or more products that use
505505 an automated, computerized, or other augmented method for providing
506506 reading interventions. The agency may approve a product under this
507507 subsection only if evidence indicates that the product is effective
508508 at promoting mastery of foundational literacy skills.
509509 (f) Subject to appropriation, the agency shall ensure that
510510 at least one product approved under Subsection (e) is available to
511511 school districts at no or reduced cost.
512512 (g) A student's parent or guardian may submit a written
513513 request to the administrator of the campus at which the student is
514514 enrolled to opt the student out of a reading intervention
515515 requirement under Subsection (b). A school district may not
516516 encourage or direct a parent or guardian to submit a written request
517517 under this subsection that would allow the district to not provide
518518 reading interventions to the student.
519519 (h) A school district must provide to the parent or guardian
520520 of a student receiving reading interventions under this section the
521521 notice required under Section 26.0081(d).
522522 (i) Nothing in this section may be construed to prevent or
523523 discourage reading interventions for a student whose results on a
524524 reading instrument administered under Section 28.0063 indicate
525525 that the student is at risk, as determined by the commissioner, of
526526 not achieving satisfactory performance in foundational literacy.
527527 (j) Nothing in this section may be construed to prevent the
528528 provision of any special education services required under
529529 Subchapter A, Chapter 29, or the Individuals with Disabilities
530530 Education Act (20 U.S.C. Section 1400 et seq.). A student's
531531 admission, review, and dismissal committee may modify any
532532 requirement for student participation in reading interventions
533533 under this section.
534534 (k) The commissioner shall adopt rules as necessary to
535535 implement this section, including rules that define appropriate
536536 standards for implementing reading interventions that meet the
537537 requirements of Subsection (b).
538538 (l) Section 2001.0045, Government Code, does not apply to a
539539 rule adopted under this section.
540540 (m) A school district is not required to comply with the
541541 requirements of this section until the commissioner adopts a list
542542 of reading and mathematics instruments under Section 28.0063 and
543543 designates the first school year that districts must comply with
544544 this section. This subsection expires September 1, 2029.
545545 Sec. 28.0065. ADAPTIVE VOCABULARY. (a) The agency shall
546546 develop and implement an adaptive vocabulary assessment to assess
547547 vocabulary development in students in kindergarten through third
548548 grade.
549549 (b) The agency may use an assessment developed under this
550550 subsection to assess students in grades other than grades described
551551 by Subsection (a).
552552 (c) The admission, review, and dismissal committee of a
553553 student who participates in a school district's special education
554554 program under Subchapter A, Chapter 29, may modify any requirement
555555 for student participation under this section.
556556 (d) The commissioner may adopt rules as necessary to
557557 implement this section.
558558 Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN
559559 THROUGH EIGHTH GRADE. (a) Each school district and
560560 open-enrollment charter school shall ensure that:
561561 (1) not later than the 2030-2031 school year, each
562562 classroom teacher that provides instruction in mathematics to
563563 students in kindergarten through eighth grade and each principal,
564564 assistant principal, mathematics instructional coach, and
565565 mathematics interventionist at a campus with one of those grade
566566 levels has attended a teacher mathematics achievement academy
567567 developed under Section 21.4553; and
568568 (2) each classroom teacher and principal initially
569569 employed in a grade level or at a campus described by Subdivision
570570 (1) for the 2030-2031 school year or a subsequent school year has
571571 attended a teacher mathematics achievement academy developed under
572572 Section 21.4553 by the end of the teacher's or principal's first
573573 year of placement in that grade level or campus.
574574 (b) The agency shall provide assistance to school districts
575575 and open-enrollment charter schools in complying with the
576576 requirements under this section.
577577 (c) The agency shall:
578578 (1) monitor the implementation of this section; and
579579 (2) periodically report to the legislature on the
580580 implementation of this section and the effectiveness of this
581581 section in improving educational outcomes.
582582 (d) The commissioner may adopt rules to implement this
583583 section.
584584 SECTION 11. Subchapter B, Chapter 28, Education Code, is
585585 amended by adding Section 28.02111 to read as follows:
586586 Sec. 28.02111. THIRD GRADE SUPPLEMENTARY SUPPORTS. (a) The
587587 commissioner shall establish and administer a program for students
588588 in the third grade who are required to be provided accelerated
589589 instruction under Section 28.0211(a-1) through which the student's
590590 parent may direct tutoring services to support the student. The
591591 agency shall provide to a student described by this subsection a
592592 grant in the amount provided under Section 48.310 to purchase from
593593 an agency-approved provider tutoring services designed to help
594594 improve the student's proficiency in reading.
595595 (b) The agency shall:
596596 (1) maintain a system of online accounts under which
597597 each student described by Subsection (a) is assigned an account for
598598 the student's parent to access the grant described by Subsection
599599 (a); and
600600 (2) implement the program in a manner that ensures:
601601 (A) ease of use for parents of students who are
602602 eligible for a grant under this section; and
603603 (B) fidelity of spending.
604604 (c) A student may not receive more than one grant under this
605605 section.
606606 (d) The agency may reserve from the total amount of money
607607 available for purposes of the program an amount, not to exceed five
608608 percent of the total amount, to cover the agency's cost of
609609 administering the program.
610610 (e) A school district or open-enrollment charter school in
611611 which a student who receives a grant under this section is enrolled
612612 remains subject to the requirements to provide accelerated
613613 instruction under Section 28.0211.
614614 (f) A school district or open-enrollment charter school
615615 shall provide to the parent of a student described by Subsection (a)
616616 notice of the student's eligibility for a grant under this section,
617617 in a form and manner established by the agency.
618618 (g) A decision by the commissioner regarding the program
619619 under this section is final and may not be appealed.
620620 (h) The commissioner shall adopt rules as necessary to
621621 implement this section.
622622 SECTION 12. Section 29.1543, Education Code, is amended to
623623 read as follows:
624624 Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
625625 produce and make available to the public on the agency's Internet
626626 website annual district and campus-level reports containing
627627 information from the previous school year on early education in
628628 school districts and open-enrollment charter schools. A report
629629 under this section must contain:
630630 (1) the information required by Section 29.1532(c) to
631631 be reported through the Public Education Information Management
632632 System (PEIMS);
633633 (2) a description of the diagnostic reading
634634 instruments administered in accordance with Section 28.006(c-2)
635635 [28.006(c) or (c-2)];
636636 (3) the number of students who were administered a
637637 diagnostic reading instrument administered in accordance with
638638 Section 28.006(c-2) [28.006(c) or (c-2)];
639639 (4) the number of students whose scores from a
640640 diagnostic reading instrument administered in accordance with
641641 Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten
642642 readiness in reading [proficiency];
643643 (5) the number of kindergarten students who were
644644 enrolled in a prekindergarten program in the previous school year
645645 in the same district or school as the district or school in which
646646 the student attends kindergarten;
647647 (6) the number and percentage of students who perform
648648 satisfactorily on the third grade reading or mathematics assessment
649649 instrument administered under Section 39.023, disaggregated by
650650 whether the student was eligible for free prekindergarten under
651651 Section 29.153;
652652 (7) the number of students described by Subdivision
653653 (6) who attended kindergarten in the district, disaggregated by:
654654 (A) whether the student met the kindergarten
655655 readiness standard on a [the] reading instrument adopted under
656656 Section 28.006;
657657 (B) whether the student attended prekindergarten
658658 in the district; and
659659 (C) the type of prekindergarten the student
660660 attended, if applicable; and
661661 (8) the information described by Subdivisions (6) and
662662 (7) disaggregated by whether the student is educationally
663663 disadvantaged.
664664 SECTION 13. Section 29.161(c), Education Code, is amended
665665 to read as follows:
666666 (c) The system must:
667667 (1) be reflective of research in the field of early
668668 childhood care and education;
669669 (2) be well-grounded in the cognitive, social, and
670670 emotional development of young children;
671671 (3) apply a common set of criteria to each program
672672 provider seeking certification, regardless of the type of program
673673 or source of program funding; and
674674 (4) be capable of fulfilling the reporting and notice
675675 requirements of Section [Sections] 28.006(d) [and (g)].
676676 SECTION 14. Subchapter E, Chapter 29, Education Code, is
677677 amended by adding Section 29.163 to read as follows:
678678 Sec. 29.163. EARLY CHILDHOOD PARENTAL SUPPORT. (a) The
679679 agency shall establish a list of programs that provide early
680680 childhood parental support. The programs must:
681681 (1) provide for optional participation by a parent;
682682 (2) be designed to assist a parent in supporting the
683683 parent's child in attaining kindergarten readiness;
684684 (3) have demonstrated, through evidence including
685685 random control trials, that the program:
686686 (A) promotes kindergarten readiness; and
687687 (B) increases attendance rates; and
688688 (4) have an established implementation model.
689689 (b) A school district or open-enrollment charter school may
690690 offer a program on the list under Subsection (a) to families with a
691691 child eligible for prekindergarten who reside in the district's or
692692 school's attendance zone.
693693 SECTION 15. Section 29.167, Education Code, is amended by
694694 amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to
695695 read as follows:
696696 (b-1) Notwithstanding Subsection (b), each teacher for a
697697 prekindergarten class provided by an entity with which a school
698698 district contracts to provide a prekindergarten program must:
699699 (1) be certified under Subchapter B, Chapter 21, to
700700 teach prekindergarten or supervised by a person who meets the
701701 requirements under Subsection (b); [and]
702702 (2) have one of the following qualifications:
703703 (A) at least two years' experience of teaching in
704704 a nationally accredited child care program or a Texas Rising Star
705705 Program and:
706706 (i) a Child Development Associate (CDA)
707707 credential or another early childhood education credential
708708 approved by the agency; or
709709 (ii) certification offered through a
710710 training center accredited by Association Montessori
711711 Internationale or through the Montessori Accreditation Council for
712712 Teacher Education; or
713713 (B) a qualification described by Subsection
714714 (b)(2)(A), (D), (E), or (F); and
715715 (3) when appropriate, be appropriately certified or be
716716 supervised by a person who is appropriately certified to provide
717717 effective instruction to emergent bilingual students, as defined by
718718 Section 29.052, enrolled in the prekindergarten program.
719719 (b-3) Subsections (b-1), [and] (b-2), and (b-4) and this
720720 subsection expire September 1, 2029.
721721 (b-4) Subsections (b-1) and (b-2) apply to any
722722 prekindergarten class provided by an entity with which a school
723723 district contracts to provide a prekindergarten program under
724724 Section 29.153.
725725 SECTION 16. Sections 29.934(b) and (d), Education Code, are
726726 amended to read as follows:
727727 (b) To apply to be designated as a resource campus under
728728 this section, the campus must have received an overall performance
729729 rating under Section 39.054 of D or F, or an overall performance
730730 rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for
731731 three [four] years over a 10-year period of time.
732732 (d) To be designated as a resource campus, the campus must:
733733 (1) implement a targeted improvement plan as described
734734 by Chapter 39A and establish a school community partnership team;
735735 (2) adopt an accelerated campus excellence turnaround
736736 plan as provided by Section 39A.105(b) [except that a classroom
737737 teacher who satisfies the requirements for demonstrated
738738 instructional effectiveness under Section 39A.105(b)(3) must also
739739 hold a current designation assigned under Section 21.3521];
740740 (3) be in a school district that has adopted an
741741 approved local optional teacher designation system under Section
742742 21.3521;
743743 (4) satisfy certain staff criteria by:
744744 (A) requiring a principal or teacher employed at
745745 the campus before the designation to apply for a position to
746746 continue at the campus;
747747 (B) for a subject in the foundation curriculum
748748 under Section 28.002(a)(1):
749749 (i) employing only teachers who have at
750750 least two [three] years of teaching experience; and
751751 (ii) ensuring that at least 50 percent of
752752 teachers hold a current designation assigned under Section 21.3521;
753753 (C) employing at least one school counselor for
754754 every 300 students; and
755755 (D) employing at least one appropriately
756756 licensed professional to assist with the social and emotional needs
757757 of students and staff, who must be a:
758758 (i) family and community liaison;
759759 (ii) clinical social worker;
760760 (iii) specialist in school psychology; or
761761 (iv) professional counselor;
762762 (5) implement a positive behavior program as provided
763763 by Section 37.0013;
764764 (6) implement a family engagement plan as described by
765765 Section 29.168;
766766 (7) develop and implement a plan to use high quality
767767 instructional materials;
768768 (8) if the campus is an elementary or middle school
769769 campus, operate the campus for a school year that qualifies for
770770 funding under Section 48.0051; and
771771 (9) annually submit to the commissioner data and
772772 information required by the commissioner to assess fidelity of
773773 implementation.
774774 SECTION 17. Effective September 1, 2028, Section 29.934,
775775 Education Code, is amended by amending Subsection (b) and adding
776776 Subsection (b-1) to read as follows:
777777 (b) To apply to be designated as a resource campus under
778778 this section, the campus must have received an overall performance
779779 rating under Section 39.054 of D or F, or an overall performance
780780 rating under Section 39.054(a-4)(1) of "Not Rated," for three
781781 [four] years over a 10-year period of time.
782782 (b-1) Notwithstanding Subsection (b), a campus may apply to
783783 be designated as a resource campus under this section if the campus
784784 received an overall performance rating under Section 39.054 of D or
785785 F, or an overall performance rating under Section 39.054(a-4)(1) or
786786 former Section 39.0546 of "Not Rated," for three years over a
787787 10-year period of time. This subsection expires September 1, 2033.
788788 SECTION 18. Subchapter B-1, Chapter 31, Education Code, is
789789 amended by adding Section 31.0754 to read as follows:
790790 Sec. 31.0754. COMMUNICATION REGARDING HIGH QUALITY
791791 INSTRUCTIONAL MATERIALS. (a) Notwithstanding Chapter 2113,
792792 Government Code, the commissioner may enter into contracts or
793793 agreements and engage in efforts to communicate information to
794794 parents, classroom teachers, school districts, and open-enrollment
795795 charter schools regarding the educational value, particularly the
796796 impact on reading and math achievement, of open education resource
797797 instructional materials made available under this subchapter,
798798 including activities to promote, market, and advertise the content
799799 included in and how to use those materials.
800800 (b) The commissioner may use appropriated funds to pay for
801801 activities authorized under this section.
802802 SECTION 19. Section 39.333, Education Code, is amended to
803803 read as follows:
804804 Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
805805 the comprehensive biennial report under Section 39.332, the agency
806806 shall submit a regional and district level report covering the
807807 preceding two school years and containing:
808808 (1) a summary of school district compliance with the
809809 student/teacher ratios and class-size limitations prescribed by
810810 Sections 25.111 and 25.112, including:
811811 (A) the number of campuses and classes at each
812812 campus granted an exception from Section 25.112; and
813813 (B) for each campus granted an exception from
814814 Section 25.112, a statement of whether the campus has been awarded a
815815 distinction designation under Subchapter G or has been identified
816816 as an unacceptable campus under Chapter 39A;
817817 (2) a summary of the exemptions and waivers granted to
818818 campuses and school districts under Section 7.056 or 39.232 and a
819819 review of the effectiveness of each campus or district following
820820 deregulation;
821821 (3) an evaluation of the performance of the system of
822822 regional education service centers based on the indicators adopted
823823 under Section 8.101 and client satisfaction with services provided
824824 under Subchapter B, Chapter 8; and
825825 (4) [an evaluation of accelerated instruction
826826 programs offered under Section 28.006, including an assessment of
827827 the quality of such programs and the performance of students
828828 enrolled in such programs; and
829829 [(5)] the number of classes at each campus that are
830830 currently being taught by individuals who are not certified in the
831831 content areas of their respective classes.
832832 SECTION 20. Section 48.0051, Education Code, is amended by
833833 amending Subsections (a), (b), and (d) and adding Subsection (b-1)
834834 to read as follows:
835835 (a) The [Subject to Subsection (a-1), the] commissioner
836836 shall adjust the average daily attendance of a school district or
837837 open-enrollment charter school under Section 48.005 in the manner
838838 provided by Subsection (b) if the district or school:
839839 (1) provides the minimum number of minutes of
840840 operational and instructional time required under Section 25.081
841841 and commissioner rules adopted under that section over at least 175
842842 [180] days of instruction; and
843843 (2) offers an additional 30 days of half-day
844844 instruction for students enrolled in prekindergarten through
845845 eighth [fifth] grade.
846846 (b) Subject to Subsection (b-1), for [For] a school district
847847 or open-enrollment charter school described by Subsection (a), the
848848 commissioner shall increase the average daily attendance of the
849849 district or school under Section 48.005 by the amount that results
850850 from the quotient of the sum of attendance by students described by
851851 Subsection (a)(2) for each of the 30 additional instructional days
852852 of half-day instruction that are provided divided by 175 [180].
853853 (b-1) For a school district or open-enrollment charter
854854 school described by Subsection (a) that provides at least 200 full
855855 days of instruction to students described by Subsection (a)(2), the
856856 commissioner shall increase the amount computed for the district or
857857 school under Subsection (b) by 50 percent.
858858 (d) This section does not prohibit a school district from
859859 providing the minimum number of minutes of operational and
860860 instructional time required under Section 25.081 and commissioner
861861 rules adopted under that section over fewer than 175 [180] days of
862862 instruction.
863863 SECTION 21. Subchapter A, Chapter 48, Education Code, is
864864 amended by adding Section 48.0052 to read as follows:
865865 Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS
866866 FOR READING INTERVENTIONS. (a) The commissioner shall adjust the
867867 average daily attendance of a school district or open-enrollment
868868 charter school under Section 48.005 in the manner provided by
869869 Subsection (b) if the district or school:
870870 (1) does not qualify for funding under Section
871871 48.0051;
872872 (2) provides the minimum number of minutes of
873873 operational and instructional time required under Section 25.081
874874 and commissioner rules adopted under that section over at least 180
875875 days of instruction; and
876876 (3) offers up to an additional 30 days of half-day
877877 instruction consisting of reading interventions described by
878878 Section 28.0064 for students who are required to be provided
879879 reading interventions under that section.
880880 (b) For a school district or open-enrollment charter school
881881 described by Subsection (a), the commissioner shall increase the
882882 average daily attendance of the district or school under Section
883883 48.005 by 50 percent of the amount that results from the quotient of
884884 the sum of attendance by students described by Subsection (a)(3)
885885 for each of the additional instructional days of half-day
886886 instruction that are provided divided by 175.
887887 (c) The agency shall assist school districts and
888888 open-enrollment charter schools in qualifying for the incentive
889889 under this section.
890890 (d) The commissioner shall adopt rules necessary for the
891891 implementation of this section.
892892 SECTION 22. Sections 48.108(a) and (b), Education Code, are
893893 amended to read as follows:
894894 (a) For each student in average daily attendance in
895895 kindergarten through third grade, a school district is entitled to
896896 an annual allotment equal to the basic allotment multiplied by 0.11
897897 [0.1] if the student is:
898898 (1) educationally disadvantaged; or
899899 (2) an emergent bilingual student, as defined by
900900 Section 29.052, and is in a bilingual education or special language
901901 program under Subchapter B, Chapter 29.
902902 (b) Funds allocated under this section must be used to fund:
903903 (1) the attendance of teachers employed by the
904904 district at teacher literacy achievement academies under Section
905905 21.4552 or teacher mathematics achievement academies under Section
906906 21.4553;
907907 (2) prekindergarten programs under Subchapters E and
908908 E-1, Chapter 29; and
909909 (3) programs and services designed to improve student
910910 performance in reading and mathematics in prekindergarten through
911911 third grade, including programs and services designed to assist the
912912 district in achieving the goals set in the district's early
913913 childhood literacy and mathematics proficiency plans adopted under
914914 Section 11.185.
915915 SECTION 23. Subchapter C, Chapter 48, Education Code, is
916916 amended by adding Section 48.122 to read as follows:
917917 Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT. (a)
918918 Except as provided by Subsections (b) and (c), for each enrolled
919919 student receiving reading interventions under Section 28.0064, a
920920 school district is entitled to an annual allotment of $250, or a
921921 greater amount provided by appropriation.
922922 (b) A school district may not receive funding under this
923923 section for a student for which the district receives an allotment
924924 under Section 48.103.
925925 (c) A school district may receive funding under this section
926926 for not more than 10 percent of students enrolled in the district in
927927 kindergarten through third grade.
928928 SECTION 24. Section 48.257, Education Code, is amended by
929929 adding Subsection (b-1) to read as follows:
930930 (b-1) If for any school year a school district receives an
931931 adjustment under Subsection (b) and, after that adjustment, is no
932932 longer subject to Subsection (a), the district is entitled to
933933 additional state aid for that school year in an amount equal to the
934934 lesser of:
935935 (1) the difference, if the difference is greater than
936936 zero, between:
937937 (A) the amount to which the district is entitled
938938 under Subchapters B, C, and D less the district's distribution from
939939 the available school fund for that school year; and
940940 (B) the district's tier one maintenance and
941941 operations tax collections for that school year; or
942942 (2) the sum of the district's allotments under
943943 Sections 48.0051, 48.110, and 48.112 for that school year.
944944 SECTION 25. Subchapter G, Chapter 48, Education Code, is
945945 amended by adding Sections 48.310 and 48.315 to read as follows:
946946 Sec. 48.310. EARLY CHILDHOOD PARENTAL SUPPORT FUNDING. (a)
947947 A school district or open-enrollment charter school that implements
948948 an early childhood parental support program on the list established
949949 by the agency under Section 29.163 may elect to receive a funding
950950 adjustment as provided by this section.
951951 (b) For each child who is eligible to receive free
952952 prekindergarten under Section 29.153 and whose family participates
953953 in an early childhood parental support program under Section 29.163
954954 offered by a school district or open-enrollment charter school, the
955955 district or school is entitled to an amount equal to the basic
956956 allotment multiplied by 0.2.
957957 (c) For each child for whom a school district or
958958 open-enrollment charter school receives funding under Subsection
959959 (b) for a school year, the commissioner shall reduce the district's
960960 or school's entitlement under this chapter for the subsequent five
961961 school years by an amount equal to the basic allotment multiplied by
962962 0.02.
963963 (d) Notwithstanding any other provision of this chapter or
964964 Chapter 49, the agency may make a modification to the Foundation
965965 School Program requirements to ensure that a school district's or
966966 open-enrollment charter school's entitlement is adjusted only as
967967 necessary for the district or school to receive funding in
968968 accordance with this section.
969969 Sec. 48.315. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;
970970 FUNDING ADJUSTMENT. (a) A student to whom the agency provides a
971971 grant under Section 28.02111 is entitled to receive an amount of
972972 $750, or a greater amount provided by appropriation.
973973 (b) A student may receive only one grant under Section
974974 28.02111.
975975 (c) Subject to Subsection (d), beginning with the 2030-2031
976976 school year, the agency shall reduce the school district's
977977 entitlement under this chapter each school year by $750 for each
978978 student who both:
979979 (1) received and used a grant under Section 28.02111
980980 during the preceding school year; and
981981 (2) was enrolled in the district from kindergarten
982982 through third grade.
983983 (d) For a student described by Subsection (c) who is
984984 eligible to participate in a school district's special education
985985 program under Section 29.003, the agency shall reduce the
986986 district's entitlement in accordance with Subsection (c) by $325.
987987 (e) Notwithstanding Section 7.057, a determination by the
988988 commissioner under this section is final and may not be appealed.
989989 SECTION 26. The following sections of the Education Code
990990 are repealed:
991991 (1) Section 7.058;
992992 (2) Section 21.4552(f);
993993 (3) Section 21.4553(f);
994994 (4) Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),
995995 (j), and (k); and
996996 (5) Section 28.007.
997997 SECTION 27. Sections 12.104, 21.4552, 21.4553, 25.085,
998998 28.006, 29.1543, 29.167, 29.934, and 39.333, Education Code, as
999999 amended by this Act, and Sections 28.0063, 28.0064, 28.0065,
10001000 28.02111, and 29.163, Education Code, as added by this Act, apply
10011001 beginning with the 2025-2026 school year.
10021002 SECTION 28. (a) Sections 48.0051 and 48.108, Education
10031003 Code, as amended by this Act, and Sections 48.0052, 48.122,
10041004 48.257(b-1), 48.310, and 48.315, Education Code, as added by this
10051005 Act, take effect September 1, 2025.
10061006 (b) Except as provided by Subsection (a) of this section,
10071007 this Act takes effect immediately if it receives a vote of
10081008 two-thirds of all the members elected to each house, as provided by
10091009 Section 39, Article III, Texas Constitution. If this Act does not
10101010 receive the vote necessary for immediate effect, this Act takes
10111011 effect September 1, 2025.