By: Creighton S.B. No. 2252
(In the Senate - Filed March 11, 2025; March 25, 2025, read
first time and referred to Committee on Education K-16;
April 9, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0; April 9, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2252 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to measures to support kindergarten readiness and early
literacy and numeracy skills for public school students, including
an early childhood parental support program and prekindergarten
programs in public schools, and to funding under the Foundation
School Program for certain school districts and to support those
measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the agency [commissioner];
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading and mathematics instruments and
reading interventions [accelerated reading instruction programs]
under Sections [Section] 28.006, 28.0063, and 28.0064;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 2. The heading to Section 21.4552, Education Code,
is amended to read as follows:
Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING
INTERVENTION ACADEMIES.
SECTION 3. Section 21.4552, Education Code, is amended by
amending Subsections (b) and (d) and adding Subsections (d-1), (g),
(h), and (i) to read as follows:
(b) A literacy achievement academy developed under this
section:
(1) for teachers who provide reading instruction to
students at the kindergarten or first, second, or third grade
level:
(A) must include training in:
(i) effective and systematic instructional
practices in reading, including phonemic awareness, phonics,
fluency, vocabulary, and comprehension; and
(ii) the use of empirically validated
instructional methods that are appropriate for struggling readers;
and
(B) may include training in effective
instructional practices in writing;
(2) for teachers who provide reading instruction to
students at the fourth or fifth grade level:
(A) must include effective instructional
practices that promote student development of reading
comprehension and inferential and critical thinking;
(B) must provide training in the use of
empirically validated instructional methods that are appropriate
for struggling readers; and
(C) may include material on writing instruction;
(3) for teachers who provide reading instruction to
students at the sixth, seventh, or eighth grade level, must include
training in:
(A) strategies to be implemented in English
language arts and other subject areas for multisyllable word
reading, vocabulary development, and comprehension of expository
and narrative text;
(B) an adaptation framework that enables
teachers to respond to differing student strengths and needs,
including adaptations for students of limited English proficiency
or students receiving special education services under Subchapter
A, Chapter 29;
(C) collaborative strategies to increase active
student involvement and motivation to read; and
(D) other areas identified by the commissioner as
essential components of reading instruction; and
(4) [for teachers who provide reading instruction to
students at the seventh or eighth grade level, must include
training in:
[(A) administration of the reading instrument
required by Section 28.006(c-1); and
[(B) interpretation of the results of the reading
instrument required by Section 28.006(c-1) and strategies, based on
scientific research regarding effective reading instruction, for
long-term intensive intervention to target identified student
needs in word recognition, vocabulary, fluency, and comprehension;
and
[(5)] for teachers who provide instruction in
mathematics, science, or social studies to students at the sixth,
seventh, or eighth grade level, must include training in:
(A) strategies for incorporating reading
instruction into the curriculum for the subject area taught by the
teacher; and
(B) other areas identified by the commissioner.
(d) Except as provided by Subsection (d-1), from funds
provided under Section 48.108 or other available [From] funds
[appropriated for that purpose], a classroom teacher who provides
instruction to students in kindergarten through third grade and
completes [attends] a literacy achievement academy is entitled to
receive a stipend from the school district in the amount determined
by the commissioner. From funds appropriated for that purpose, a
district may provide a stipend to a classroom teacher who provides
instruction to students in a grade level above third grade. A
stipend received under this subsection is not considered in
determining whether a school district is paying the classroom
teacher the minimum monthly salary under Section 21.402.
(d-1) A school district is not required to provide a stipend
under Subsection (d) to a classroom teacher if the teacher:
(1) attends the literacy achievement academy as part
of an educator preparation program in which the teacher is
enrolled;
(2) attends the literacy achievement academy on a day
or during hours of service included in the term of the teacher's
contract; or
(3) is not directed or approved by the school district
at which the teacher is employed to attend the literacy achievement
academy.
(g) The agency shall develop a method for evaluating a
literacy achievement academy to determine the effectiveness of the
academy, including whether the academy improves teaching practices
and student literacy proficiency. A school district or
open-enrollment charter school shall provide any information
requested by the agency for purposes of evaluating literacy
achievement academies under this subsection.
(h) In addition to the literacy achievement academies
developed under Subsection (a), the commissioner shall develop and
make available reading intervention academies for teachers or other
professionals who provide reading interventions to students who
require targeted instruction in foundational reading skills.
(i) The commissioner may establish an advisory board to
assist the agency in fulfilling the agency's duties under this
section. A recommendation of the advisory board shall be made
available to the public. Chapter 2110, Government Code, does not
apply to an advisory board established under this subsection.
SECTION 4. The heading to Section 21.4553, Education Code,
is amended to read as follows:
Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND
INTERVENTIONIST ACADEMIES.
SECTION 5. Section 21.4553, Education Code, is amended by
amending Subsection (d) and adding Subsections (d-1), (g), (h), and
(i) to read as follows:
(d) Except as provided by Subsection (d-1), from funds
provided under Section 48.108 or other available [From] funds
[appropriated for that purpose], a classroom teacher who completes
[attends] a mathematics achievement academy is entitled to receive
a stipend from the school district in the amount determined by the
commissioner. A stipend received under this subsection is not
considered in determining whether a district is paying the
classroom teacher the minimum monthly salary under Section 21.402.
(d-1) A school district is not required to provide a stipend
under Subsection (d) to a classroom teacher if the teacher:
(1) attends the mathematics achievement academy as
part of an educator preparation program in which the teacher is
enrolled;
(2) attends the mathematics achievement academy on a
day or during hours of service included in the term of the teacher's
contract; or
(3) is not directed or approved by the school district
at which the teacher is employed to attend the mathematics
achievement academy.
(g) The agency shall develop a method for evaluating a
mathematics achievement academy to determine the effectiveness of
the academy, including whether the academy improves teaching
practices and student math proficiency. A school district or
open-enrollment charter school shall provide any information
requested by the agency for purposes of evaluating mathematics
achievement academies under this subsection.
(h) In addition to the mathematics achievement academies
developed under Subsection (a), the commissioner shall develop and
make available mathematics interventionist academies for a teacher
or other professional who provides mathematics interventions to
students who require targeted instruction in foundational
mathematics skills.
(i) The commissioner may establish an advisory board to
assist the agency in fulfilling the agency's duties under this
section. A recommendation of the advisory board shall be made
available to the public. Chapter 2110, Government Code, does not
apply to an advisory board established under this subsection.
SECTION 6. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0816 to read as follows:
Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT
PROGRAM. (a) From money appropriated or otherwise available for
the purpose, the agency shall establish and administer a grant
program to provide funding and technical assistance to school
districts and open-enrollment charter schools to plan the school
year and adjust operations as necessary to qualify for the
incentive funding under Section 48.0051.
(b) In awarding grants under the program, the agency shall
prioritize school districts and open-enrollment charter schools
that seek to maximize incentive funding under Section 48.0051.
(c) The agency may solicit and accept gifts, grants, and
donations for purposes of this section.
SECTION 7. Section 25.085(d), Education Code, is amended to
read as follows:
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(1) an extended-year program for which the student is
eligible that is provided by the district for students identified
as likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) a reading intervention program [an accelerated
reading instruction program] to which the student is assigned under
Section 28.0064 [28.006(g)];
(3) an accelerated instruction program to which the
student is assigned under Section 28.0211;
(4) a basic skills program to which the student is
assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l)
or Section 37.021.
SECTION 8. The heading to Section 28.006, Education Code,
is amended to read as follows:
Sec. 28.006. KINDERGARTEN READING READINESS [DIAGNOSIS].
SECTION 9. Section 28.006, Education Code, is amended by
amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and
(h) and adding Subsection (n) to read as follows:
(a) The commissioner shall develop recommendations for
school districts for:
(1) administering reading instruments to measure
students' foundational literacy skills in [diagnose student]
reading development and comprehension;
(2) training educators in administering the reading
instruments; and
(3) applying the results of the reading instruments to
the instructional program.
(b) The commissioner shall adopt a [list of] reading
instrument [instruments] that a school district shall [may] use at
the beginning of the school year to measure a kindergarten
student's foundational literacy skills in [diagnose student]
reading development and comprehension. A reading instrument
adopted under this subsection may include other developmental
skills as part of [For use in diagnosing the reading development and
comprehension of kindergarten students, the commissioner shall
adopt] a multidimensional assessment tool [that includes a reading
instrument and tests at least three developmental skills, including
literacy. A multidimensional assessment tool administered as
provided by this subsection is considered to be a reading
instrument for purposes of this section. A district-level
committee established under Subchapter F, Chapter 11, may adopt a
list of reading instruments for use in the district in a grade level
other than kindergarten in addition to the reading instruments on
the commissioner's list]. A [Each] reading instrument adopted by
the commissioner [or a district-level committee] must be based on
scientific research concerning foundational literacy skills in
reading [skills] development and [reading] comprehension and[. A
list of reading instruments adopted under this subsection must]
provide for measuring [diagnosing] the foundational literacy
skills in reading development and comprehension of students,
including students participating in a program under Subchapter B,
Chapter 29.
(b-1) The commissioner may approve not more than two [an]
alternative reading instruments [instrument] for use in measuring
[diagnosing] the foundational literacy skills in reading
development and comprehension of kindergarten students that
complies with the requirements under Subsection (b).
(c-2) Not later than the 60th day after the beginning of the
school year, each [Each] school district shall administer at the
kindergarten level a reading instrument adopted by the commissioner
under Subsection (b) or approved by the commissioner under
Subsection (b-1). The district shall administer the reading
instrument in accordance with the commissioner's recommendations
under Subsection (a)(1) and policies developed by commissioner
rule.
(c-3) The commissioner by rule shall determine the
performance on a [the] reading instrument adopted or approved under
this section [Subsection (b)] that indicates kindergarten
readiness. Each reading instrument adopted or approved under this
section must provide for the ability to compare the performance
that indicates kindergarten readiness on that instrument with the
performance that indicates kindergarten readiness on other
instruments adopted or approved under this section.
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district at a public meeting of the board the
results of a [the] reading instrument administered to students
under this section [instruments];
(2) not later than the earlier of the 20th school day
or the 30th [60th] calendar day after the date on which the results
of a reading instrument are available, [was administered] report,
in writing or electronically, to a student's parent or guardian the
student's results on the instrument; and
(3) using the school readiness certification system
provided to the school district in accordance with Section
29.161(e), report electronically each student's raw score on the
reading instrument to the agency for use in the school readiness
certification system.
(f) The agency shall ensure [at least one] reading
instruments adopted or approved [instrument for each grade level
for which a reading instrument is required to be administered]
under this section are [is] available to school districts at no
cost.
(h) The school district shall make a good faith effort to
ensure that the report [notice] required under Subsection (d)(2)
[this section] is provided either in person or electronically [by
regular mail] and that the report [notice] is clear and easy to
understand and is written in English and in the parent or guardian's
native language.
(n) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
SECTION 10. Subchapter A, Chapter 28, Education Code, is
amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071
to read as follows:
Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS. (a)
The commissioner shall adopt a list of reading and mathematics
instruments approved or developed by the commissioner for use by
school districts in kindergarten through grade three to measure
students' foundational literacy skills in reading development and
comprehension and foundational numeracy skills in mathematics.
(b) A reading or mathematics instrument adopted under
Subsection (a) must:
(1) be based on scientific research concerning, as
applicable:
(A) foundational literacy skills in reading
development and comprehension; or
(B) foundational numeracy skills in mathematics;
(2) be capable of being administered at the beginning,
middle, and end of the school year;
(3) be designed to assess the performance of students
in, as applicable:
(A) the foundational literacy skills components
of the essential knowledge and skills adopted under Section 28.002
for language arts; or
(B) the foundational numeracy skills components
of the essential knowledge and skills adopted under Section 28.002
for mathematics;
(4) be capable of monitoring student progress in a
manner that allows school district staff to identify specific
foundational literacy or numeracy skills in need of targeted
instruction;
(5) assess whether a student's skills identified as in
need of targeted instruction indicate that the student is at risk,
as determined by the agency, of not achieving satisfactory
performance on the third grade reading or mathematics assessment
administered under Section 39.023;
(6) for a reading instrument for students in
kindergarten and first grade, include the applicable elements and
criteria to serve as the required screenings for dyslexia and
related disorders under Section 38.003; and
(7) for a reading instrument, allow a school district
to generate a report regarding a student's reading progress that is
clear and easy to understand that may be distributed to the
student's parent in English, Spanish, or, to the extent
practicable, any other language spoken by the parent.
(c) The commissioner shall:
(1) update the list of reading and mathematics
instruments adopted under Subsection (a) not less than once every
four years;
(2) ensure the list adopted under Subsection (a)
includes multiple reading and mathematics instruments;
(3) develop a process by which a school district may
submit an instrument to the commissioner for approval; and
(4) make publicly available the criteria for the
evaluation and approval of an instrument submitted to the
commissioner.
(d) The instruments adopted or approved under this section
shall be administered as follows:
(1) for kindergarten, at the middle and end of the
school year;
(2) for first and second grade, at the beginning,
middle, and end of the school year; and
(3) for third grade, at the beginning and middle of the
school year.
(e) The commissioner shall align and determine
comparability of the instruments administered under this section
with the following instruments:
(1) an instrument adopted or approved under Section
28.006 that is administered to a kindergarten student at the
beginning of the school year; and
(2) a third grade assessment instrument adopted or
developed under Section 39.023 that is administered at the end of
the school year for a third grade student.
(f) If the commissioner determines that an interim
assessment instrument adopted under Section 39.023(o) provides the
same intended outcomes as an instrument adopted or approved under
this section, the commissioner may substitute that interim
assessment instrument for an instrument adopted or approved under
this section.
(g) A school district shall administer to students in
kindergarten through third grade a reading instrument and a
mathematics instrument adopted under Subsection (a) in accordance
with requirements and recommendations established by the
commissioner under this section, including requirements or
recommendations related to:
(1) administering the instruments;
(2) training staff on the instruments; and
(3) applying the results of the instruments to the
district's instructional program.
(h) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district at a public meeting of the board the
results of a reading or mathematics instrument administered to
students under this section; and
(2) not later than the earlier of the 20th school day
or the 30th calendar day after the date on which the results of a
reading or mathematics instrument are available, report, in writing
or electronically, to a student's parent or guardian:
(A) the student's results on the instrument;
(B) for a reading instrument, the report
described by Subsection (b)(7); and
(C) if the student is determined to be at risk for
dyslexia or a related disorder based on the results of the reading
instrument, information regarding that determination.
(i) The agency shall establish a list of reading and
mathematics instruments adopted under Subsection (a) for which the
agency has negotiated a price. A school district is not required to
use a method provided by Section 44.031 to purchase an instrument on
the list established under this subsection.
(j) A student's parent or guardian may submit a written
request to the administrator of the campus at which the student is
enrolled to opt the student out of the administration of a reading
or mathematics instrument required under this section. A school
district may not encourage or direct a parent or guardian to submit
a written request under this subsection.
(k) The commissioner shall adopt rules as necessary to
implement this section.
(l) Section 2001.0045, Government Code, does not apply to a
rule adopted under this section.
(m) A school district may comply with the requirements of
Subsection (g) by administering a reading or mathematics instrument
selected by the board of trustees of the school district that meets
the requirements of Subsection (b) until the commissioner adopts
the list of reading and mathematics instruments under Subsection
(a). This subsection expires September 1, 2029.
Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN
STUDENTS. (a) If a student's results on two consecutive reading
instruments administered under Section 28.0063 indicate that the
student is at risk, as determined by the agency, of not achieving
satisfactory performance in foundational literacy, a school
district shall, as soon as practicable following the receipt of the
student's results, provide reading interventions to the student.
(b) Reading interventions provided under Subsection (a)
must:
(1) include targeted instruction in the foundational
literacy skills identified as areas in need of targeted instruction
by the reading instrument administered under Section 28.0063;
(2) ensure that the student receives the interventions
during a period and at a frequency sufficient to address the areas
described by Subdivision (1);
(3) include effective instructional materials
designed for reading intervention;
(4) be provided by a person:
(A) with training in reading interventions and in
the applicable instructional materials described by Subdivision
(3); and
(B) under the oversight of the school district;
(5) to the extent possible, be provided by one person
for the entirety of the student's reading intervention period; and
(6) meet any additional requirements adopted by the
commissioner.
(c) A school district shall continue providing reading
intervention to a student under this section until the earlier of
the date on which:
(1) the student is no longer determined to be at risk,
as determined by the agency, of not achieving satisfactory
performance in foundational literacy on a reading instrument
administered under Section 28.0063; or
(2) the student begins the fourth grade.
(d) In providing reading interventions under this section,
a school district may not remove a student, except under
circumstances for which a student enrolled in the same grade level
who is not receiving reading interventions would be removed, from:
(1) instruction in the foundation curriculum and
enrichment curriculum adopted under Section 28.002 for the grade
level in which the student is enrolled; or
(2) recess or other physical activity that is
available to other students enrolled in the same grade level.
(e) The agency shall approve one or more products that use
an automated, computerized, or other augmented method for providing
reading interventions. The agency may approve a product under this
subsection only if evidence indicates that the product is effective
at promoting mastery of foundational literacy skills.
(f) Subject to appropriation, the agency shall ensure that
at least one product approved under Subsection (e) is available to
school districts at no or reduced cost.
(g) A student's parent or guardian may submit a written
request to the administrator of the campus at which the student is
enrolled to opt the student out of all or part of the reading
intervention requirements under Subsection (b). A school district
may not encourage or direct a parent or guardian to submit a written
request under this subsection that would allow the district to not
provide reading interventions to the student.
(h) A school district must provide to the parent or guardian
of a student receiving reading interventions under this section the
notice required under Section 26.0081(d).
(i) Nothing in this section may be construed to prevent or
discourage reading interventions for a student whose results on a
reading instrument administered under Section 28.0063 indicate
that the student is at risk, as determined by the agency, of not
achieving satisfactory performance in foundational literacy.
(j) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules that define appropriate
standards for implementing reading interventions that meet the
requirements of Subsection (b).
(l) Section 2001.0045, Government Code, does not apply to a
rule adopted under this section.
(m) A school district is not required to comply with the
requirements of this section until the commissioner adopts a list
of reading and mathematics instruments under Section 28.0063 and
designates the first school year that districts must comply with
this section. This subsection expires September 1, 2029.
Sec. 28.0065. ADAPTIVE VOCABULARY PILOT PROGRAM. (a) The
agency shall develop and implement an adaptive vocabulary
assessment pilot program to assess vocabulary development in
students in kindergarten through third grade.
(b) The agency may develop an assessment under the pilot
program to assess students in grades other than grades described by
Subsection (a).
(c) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
(d) The commissioner may adopt rules as necessary to
implement this section.
Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN
THROUGH EIGHTH GRADE. (a) Each school district and
open-enrollment charter school shall ensure that:
(1) not later than the 2030-2031 school year, each
classroom teacher that provides instruction in mathematics to
students in kindergarten through eighth grade and each principal,
assistant principal, mathematics instructional coach, and
mathematics interventionist at a campus with one of those grade
levels has attended a teacher mathematics achievement academy
developed under Section 21.4553; and
(2) each classroom teacher and principal initially
employed in a grade level or at a campus described by Subdivision
(1) for the 2030-2031 school year or a subsequent school year has
attended a teacher mathematics achievement academy developed under
Section 21.4553 by the end of the teacher's or principal's first
year of placement in that grade level or campus.
(b) The agency shall provide assistance to school districts
and open-enrollment charter schools in complying with the
requirements under this section.
(c) The agency shall:
(1) monitor the implementation of this section; and
(2) periodically report to the legislature on the
implementation of this section and the effectiveness of this
section in improving educational outcomes.
(d) The commissioner may adopt rules to implement this
section.
SECTION 11. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02111 to read as follows:
Sec. 28.02111. THIRD GRADE SUPPLEMENTARY SUPPORTS. (a) The
commissioner shall establish and administer a program for students
who are required to be provided accelerated instruction under
Section 28.0211(a-1) based on the student's third grade performance
through which the student's parent may direct tutoring services to
support the student. The agency shall provide to a student
described by this subsection a grant in the amount provided under
Section 48.317 to purchase from an agency-approved provider
tutoring services designed to help improve the student's
proficiency in reading.
(b) The agency shall:
(1) maintain a system of online accounts under which
each student described by Subsection (a) is assigned an account for
the student's parent to access the grant described by Subsection
(a); and
(2) implement the program in a manner that ensures:
(A) ease of use for parents of students who are
eligible for a grant under this section; and
(B) fidelity of spending.
(c) A student may not receive more than one grant under this
section.
(d) The agency may reserve from the total amount of money
available for purposes of the program an amount, not to exceed five
percent of the total amount, to cover the agency's cost of
administering the program.
(e) A school district or open-enrollment charter school in
which a student who receives a grant under this section is enrolled
remains subject to the requirements to provide accelerated
instruction under Section 28.0211.
(f) A school district or open-enrollment charter school
shall provide to the parent of a student described by Subsection (a)
notice of the student's eligibility for a grant under this section,
in a form and manner established by the agency.
(g) A decision by the commissioner regarding the program
under this section is final and may not be appealed.
(h) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 12. Section 29.0031, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A school district shall notify the parent of a student
identified with dyslexia or a related disorder of the Talking Book
Program administered by the Texas State Library and Archives
Commission and other available audio book services.
SECTION 13. Section 29.153, Education Code, is amended by
adding Subsections (b-1), (h), and (i) to read as follows:
(b-1) Notwithstanding Subsection (b), any child who is at
least three years of age is eligible for enrollment in a
prekindergarten class under this section if:
(1) the class is provided through a partnership
between a school district or open-enrollment charter school and a
community-based child-care provider described by Subsection (g);
and
(2) the child receives subsidized child-care services
provided through the child-care services program administered by
the Texas Workforce Commission.
(h) Notwithstanding any other law, a facility or location at
which prekindergarten classes are provided by a school district or
open-enrollment charter school in partnership with a private entity
under this section:
(1) must comply with any municipal ordinance
applicable to the operation of a private prekindergarten program;
and
(2) may not be required to comply with any municipal
ordinance applicable to the operation of a prekindergarten program
by a school district or open-enrollment charter school.
(i) A school district shall provide to a community-based
child-care provider with which the district directly contracts to
provide a prekindergarten class funding for each child in the class
who is eligible for enrollment under Subsection (b) in an amount
that is equal to not less than 95 percent of the amount of money the
district receives for the child under Section 48.108(a-1).
SECTION 14. Section 29.1531, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (c) and (d)
to read as follows:
(a) Except as provided by Subsection (c), a [A] school
district may offer on a tuition basis or use district funds to
provide:
(1) an additional half-day of prekindergarten classes
to children who are eligible for classes under Section 29.153 and
are under four years of age; and
(2) half-day and full-day prekindergarten classes to
children not eligible for classes under Section 29.153.
(b) A district that offers a prekindergarten program on a
tuition basis:
(1) may not adopt a tuition rate for the program that
is higher than necessary to cover the added costs of providing the
program, including any costs associated with collecting,
reporting, and analyzing data under Section 29.1532(c); [and]
(2) must submit the proposed tuition rate to the
commissioner for approval; and
(3) must certify to the commissioner that a
prekindergarten private provider that meets the qualifications of
Section 29.153(g) is not available to the students for which the
tuition would apply.
(c) A school district may not charge tuition for a student
if a prekindergarten private provider that meets the qualifications
of Sections 29.153(g)(1)-(4) is available to the student.
(d) The commissioner may adopt rules under this section,
including rules establishing whether a private provider is
available.
SECTION 15. Section 29.1543, Education Code, is amended to
read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the [diagnostic] reading
instruments administered in accordance with Section 28.006(c-2)
[28.006(c) or (c-2)];
(3) the number of students who were administered a
[diagnostic] reading instrument administered in accordance with
Section 28.006(c-2) [28.006(c) or (c-2)];
(4) the number of students whose scores from a
[diagnostic] reading instrument administered in accordance with
Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten
readiness in reading [proficiency];
(5) the number of kindergarten students who were
enrolled in a prekindergarten program, including a program offered
through a partnership under Section 29.153, in the previous school
years [year] in the same district or school as the district or
school in which the student attends kindergarten;
(6) the number and percentage of students who perform
satisfactorily on the third grade reading or mathematics assessment
instrument administered under Section 39.023, disaggregated by
whether the student was eligible for free prekindergarten under
Section 29.153;
(7) the number of students described by Subdivision
(6) who attended kindergarten in the district, disaggregated by:
(A) whether the student met the kindergarten
readiness standard on a [the] reading instrument adopted under
Section 28.006;
(B) whether the student attended prekindergarten
in the district, including a program offered through a partnership
under Section 29.153; and
(C) the type of prekindergarten the student
attended, if applicable; and
(8) the information described by Subdivisions (6) and
(7) disaggregated by whether the student is educationally
disadvantaged.
SECTION 16. Section 29.161(c), Education Code, is amended
to read as follows:
(c) The system must:
(1) be reflective of research in the field of early
childhood care and education;
(2) be well-grounded in the cognitive, social, and
emotional development of young children;
(3) apply a common set of criteria to each program
provider seeking certification, regardless of the type of program
or source of program funding; and
(4) be capable of fulfilling the reporting and notice
requirements of Section [Sections] 28.006(d) [and (g)].
SECTION 17. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.163 to read as follows:
Sec. 29.163. EARLY CHILDHOOD PARENTAL SUPPORT. (a) The
agency shall establish a list of programs that provide early
childhood parental support. The programs must:
(1) provide for optional participation by a parent;
(2) be designed to assist a parent in supporting the
parent's child in attaining kindergarten readiness;
(3) have demonstrated, through evidence including
randomized controlled trials, that the program:
(A) promotes kindergarten readiness; and
(B) increases attendance rates; and
(4) have an established implementation model.
(b) A school district or open-enrollment charter school may
offer a program on the list under Subsection (a) to families with a
child eligible for prekindergarten who reside in the district's or
school's attendance zone.
SECTION 18. Section 29.167, Education Code, is amended by
amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to
read as follows:
(b-1) Notwithstanding Subsection (b), each teacher for a
prekindergarten class provided by an entity with which a school
district contracts to provide a prekindergarten program must:
(1) be certified under Subchapter B, Chapter 21, to
teach prekindergarten or supervised by a person who meets the
requirements under Subsection (b); [and]
(2) have one of the following qualifications:
(A) at least two years' experience of teaching in
a nationally accredited child care program or a Texas Rising Star
Program and:
(i) a Child Development Associate (CDA)
credential or another early childhood education credential
approved by the agency; or
(ii) certification offered through a
training center accredited by Association Montessori
Internationale or through the Montessori Accreditation Council for
Teacher Education; or
(B) a qualification described by Subsection
(b)(2)(A), (D), (E), or (F); and
(3) when appropriate, be appropriately certified or be
supervised by a person who is appropriately certified to provide
effective instruction to emergent bilingual students, as defined by
Section 29.052, enrolled in the prekindergarten program.
(b-3) Subsections (b-1), [and] (b-2), and (b-4) and this
subsection expire September 1, 2029.
(b-4) Subsections (b-1) and (b-2) apply to any
prekindergarten class provided by an entity with which a school
district contracts to provide a prekindergarten program under
Section 29.153.
SECTION 19. Sections 29.934(b) and (d), Education Code, are
amended to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F, or an overall performance
rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for
three [four] years over a 10-year period of time.
(d) To be designated as a resource campus, the campus must:
(1) implement a targeted improvement plan as described
by Chapter 39A and establish a school community partnership team;
(2) adopt an accelerated campus excellence turnaround
plan as provided by Section 39A.105(b) [except that a classroom
teacher who satisfies the requirements for demonstrated
instructional effectiveness under Section 39A.105(b)(3) must also
hold a current designation assigned under Section 21.3521];
(3) be in a school district that has adopted an
approved local optional teacher designation system under Section
21.3521;
(4) satisfy certain staff criteria by:
(A) requiring a principal or teacher employed at
the campus before the designation to apply for a position to
continue at the campus;
(B) for a subject in the foundation curriculum
under Section 28.002(a)(1):
(i) employing only teachers who have at
least two [three] years of teaching experience; and
(ii) ensuring that at least 50 percent of
teachers hold a current designation assigned under Section 21.3521;
(C) employing at least one school counselor for
every 300 students; and
(D) employing at least one appropriately
licensed professional to assist with the social and emotional needs
of students and staff, who must be a:
(i) family and community liaison;
(ii) clinical social worker;
(iii) specialist in school psychology; or
(iv) professional counselor;
(5) implement a positive behavior program as provided
by Section 37.0013;
(6) implement a family engagement plan as described by
Section 29.168;
(7) develop and implement a plan to use high quality
instructional materials;
(8) if the campus is an elementary or middle school
campus, operate the campus for a school year that qualifies for
funding under Section 48.0051; and
(9) annually submit to the commissioner data and
information required by the commissioner to assess fidelity of
implementation.
SECTION 20. Effective September 1, 2028, Section 29.934,
Education Code, is amended by amending Subsection (b) and adding
Subsection (b-1) to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F, or an overall performance
rating under Section 39.054(a-4)(1) of "Not Rated," for three
[four] years over a 10-year period of time.
(b-1) Notwithstanding Subsection (b), a campus may apply to
be designated as a resource campus under this section if the campus
received an overall performance rating under Section 39.054 of D or
F, or an overall performance rating under Section 39.054(a-4)(1) or
former Section 39.0546 of "Not Rated," for three years over a
10-year period of time. This subsection expires September 1, 2033.
SECTION 21. Subchapter B-1, Chapter 31, Education Code, is
amended by adding Section 31.0754 to read as follows:
Sec. 31.0754. COMMUNICATION REGARDING HIGH QUALITY
INSTRUCTIONAL MATERIALS. (a) Notwithstanding Chapter 2113,
Government Code, the commissioner may enter into contracts or
agreements and engage in efforts to communicate information to
parents, classroom teachers, school districts, and open-enrollment
charter schools regarding the educational value, particularly the
impact on reading and math achievement, of open education resource
instructional materials made available under this subchapter,
including activities to promote, market, and advertise the content
included in and how to use those materials.
(b) The commissioner may use appropriated funds or funds
appropriated for the development of open education resource
instructional materials under this subchapter to pay for activities
authorized under this section.
SECTION 22. Section 38.003, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The State Board of Education shall identify the
necessary criteria and elements that provide for universal
screening [Students enrolling in public schools in this state shall
be screened or tested, as appropriate,] for dyslexia and related
disorders for students [at appropriate times in accordance with a
program approved by the State Board of Education. The program must
include screening at the end of the school year of each student] in
kindergarten and [each student in the] first grade.
(a-1) The criteria and elements identified under Subsection
(a) must be included in the reading instruments adopted or approved
under Section 28.0063 and administered in accordance with the
timelines established under that section.
SECTION 23. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
the comprehensive biennial report under Section 39.332, the agency
shall submit a regional and district level report covering the
preceding two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been identified
as an unacceptable campus under Chapter 39A;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232 and a
review of the effectiveness of each campus or district following
deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8; and
(4) [an evaluation of accelerated instruction
programs offered under Section 28.006, including an assessment of
the quality of such programs and the performance of students
enrolled in such programs; and
[(5)] the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 24. Section 48.005, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction;
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1);
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Sections 29.0822(d) and (d-1); or
(4) except as provided by Subsection (a-1), for a
district that operates a half-day program or a full-day program
under Section 29.153(c), one-half of the average daily attendance
calculated under Subdivision (1).
(a-1) Average daily attendance is calculated under
Subsection (a)(1) for students:
(1) enrolled in a half-day program or full-day program
under Section 29.153(c) provided by an eligible private provider
under Section 29.171; and
(2) assigned to a campus:
(A) that is operated under a contract entered
into by the district with an entity under Section 11.174 or an
eligible private provider under Section 29.171; or
(B) of an open-enrollment charter school that is
operated by an entity governed by a management contract approved by
the agency.
SECTION 25. Section 48.0051, Education Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (b-1)
to read as follows:
(a) The [Subject to Subsection (a-1), the] commissioner
shall adjust the average daily attendance of a school district or
open-enrollment charter school under Section 48.005 in the manner
provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section over at least 175
[180] days of instruction; and
(2) offers an additional 30 days of half-day
instruction for students enrolled in prekindergarten through
eighth [fifth] grade.
(b) Subject to Subsection (b-1), for [For] a school district
or open-enrollment charter school described by Subsection (a), the
commissioner shall increase the average daily attendance of the
district or school under Section 48.005 by the amount that results
from the quotient of the sum of attendance by students described by
Subsection (a)(2) for each of the 30 additional instructional days
of half-day instruction that are provided divided by 175 [180].
(b-1) For a school district or open-enrollment charter
school described by Subsection (a) that provides at least 200 full
days of instruction to students described by Subsection (a)(2), the
commissioner shall increase the amount computed for the district or
school under Subsection (b) by 50 percent.
(d) This section does not prohibit a school district from
providing the minimum number of minutes of operational and
instructional time required under Section 25.081 and commissioner
rules adopted under that section over fewer than 175 [180] days of
instruction.
SECTION 26. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.0052 to read as follows:
Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS
FOR READING INTERVENTIONS. (a) The commissioner shall adjust the
average daily attendance of a school district or open-enrollment
charter school under Section 48.005 in the manner provided by
Subsection (b) if the district or school:
(1) does not qualify for funding under Section
48.0051;
(2) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section; and
(3) offers up to an additional 30 days of half-day
instruction consisting of reading interventions described by
Section 28.0064 for students who are required to be provided
reading interventions under that section.
(b) For a school district or open-enrollment charter school
described by Subsection (a), the commissioner shall increase the
average daily attendance of the district or school under Section
48.005 by 50 percent of the amount that results from the quotient of
the sum of attendance by students described by Subsection (a)(3)
for each of the additional instructional days of half-day
instruction that are provided divided by 175.
(c) The agency shall assist school districts and
open-enrollment charter schools in qualifying for the incentive
under this section.
(d) The commissioner shall adopt rules necessary for the
implementation of this section.
SECTION 27. Section 48.108, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) For each student in average daily attendance in
kindergarten through third grade, a school district is entitled to
an annual allotment equal to the basic allotment multiplied by
0.01.
(a-1) In addition to the allotment under Subsection (a), a
school district is entitled to an annual allotment equal to the
basic allotment multiplied by 0.1 for each student in average daily
attendance in kindergarten through third grade who [0.1 if the
student] is:
(1) educationally disadvantaged; or
(2) an emergent bilingual student, as defined by
Section 29.052, and is in a bilingual education or special language
program under Subchapter B, Chapter 29.
(b) Funds allocated under this section must be used to fund:
(1) the attendance of teachers employed by the
district at teacher literacy achievement academies under Section
21.4552 or teacher mathematics achievement academies under Section
21.4553;
(2) prekindergarten programs under Subchapters E and
E-1, Chapter 29; and
(3) programs and services designed to improve student
performance in reading and mathematics in prekindergarten through
third grade, including programs and services designed to assist the
district in achieving the goals set in the district's early
childhood literacy and mathematics proficiency plans adopted under
Section 11.185.
(c) A school district is entitled to an allotment under each
subdivision of Subsection (a-1) [(a)] for which a student
qualifies.
SECTION 28. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.122 to read as follows:
Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT. (a)
Except as provided by Subsections (b) and (c), for each enrolled
student receiving reading interventions under Section 28.0064, a
school district is entitled to an annual allotment of $250, or a
greater amount provided by appropriation.
(b) A school district may not receive funding under this
section for a student for which the district receives an allotment
under Section 48.103.
(c) A school district may receive funding under this section
for not more than 10 percent of students enrolled in the district in
kindergarten through third grade.
SECTION 29. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.316 and 48.317 to read as follows:
Sec. 48.316. EARLY CHILDHOOD PARENTAL SUPPORT FUNDING. (a)
A school district or open-enrollment charter school that implements
an early childhood parental support program on the list established
by the agency under Section 29.163 may elect to receive a funding
adjustment as provided by this section.
(b) For each child who is eligible to receive free
prekindergarten under Section 29.153 and whose family participates
in an early childhood parental support program under Section 29.163
offered by a school district or open-enrollment charter school, the
district or school is entitled to an amount equal to the basic
allotment multiplied by 0.2.
(c) For each child for whom a school district or
open-enrollment charter school receives funding under Subsection
(b) for a school year, the commissioner shall reduce the district's
or school's entitlement under this chapter for the subsequent five
school years by an amount equal to the basic allotment multiplied by
0.02.
(d) Notwithstanding any other provision of this chapter or
Chapter 49, the agency may make a modification to the Foundation
School Program requirements to ensure that a school district's or
open-enrollment charter school's entitlement is adjusted only as
necessary for the district or school to receive funding in
accordance with this section.
Sec. 48.317. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;
FUNDING ADJUSTMENT. (a) A student to whom the agency provides a
grant under Section 28.02111 is entitled to receive an amount of
$750, or a greater amount provided by appropriation.
(b) A student may receive only one grant under Section
28.02111.
(c) Subject to Subsection (d), beginning with the 2030-2031
school year, the agency shall reduce the school district's
entitlement under this chapter each school year by $750 for each
student who both:
(1) received and used a grant under Section 28.02111
during the preceding school year; and
(2) was enrolled in the district from kindergarten
through third grade.
(d) For a student described by Subsection (c) who is
eligible to participate in a school district's special education
program under Section 29.003, the agency shall reduce the
district's entitlement in accordance with Subsection (c) by $325.
(e) Notwithstanding Section 7.057, a determination by the
commissioner under this section is final and may not be appealed.
SECTION 30. The following provisions of the Education Code
are repealed:
(1) Section 7.058;
(2) Section 21.4552(f);
(3) Section 21.4553(f);
(4) Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),
(j), and (k); and
(5) Section 28.007.
SECTION 31. Sections 12.104, 21.4552, 21.4553, 25.085,
28.006, 29.153, 29.1543, 29.167, 29.934, and 39.333, Education
Code, as amended by this Act, and Sections 28.0063, 28.0064,
28.0065, 28.02111, and 29.163, Education Code, as added by this
Act, apply beginning with the 2025-2026 school year.
SECTION 32. (a) Sections 48.005, 48.0051, and 48.108,
Education Code, as amended by this Act, and Sections 48.0052,
48.122, 48.316, and 48.317, Education Code, as added by this Act,
take effect September 1, 2025.
(b) Except as provided by Subsection (a) of this section or
as otherwise provided by this Act, this Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2025.
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