88R4198 KJE-F     By: Bell of Kaufman H.B. No. 1416       A BILL TO BE ENTITLED   AN ACT   relating to accelerated instruction provided to public school   students who fail to achieve satisfactory performance on certain   assessment instruments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 28.0211, Education Code,   is amended to read as follows:          Sec. 28.0211.  [ACCELERATED LEARNING COMMITTEE;]   ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.          SECTION 2.  Section 28.0211, Education Code, is amended by   amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (f), (f-1),   (f-2), (f-3), (h), (i), (j), and (n) and adding Subsections (a-7),   (a-8), (a-9), (a-10), (b), (i-1), and (i-2) to read as follows:          (a)  [A school district shall establish an accelerated   learning committee described by Subsection (c) for each student who   does not perform satisfactorily on:                [(1)  the third grade mathematics or reading assessment   instrument under Section 39.023;                [(2)  the fifth grade mathematics or reading assessment   instrument under Section 39.023; or                [(3)  the eighth grade mathematics or reading   assessment instrument under Section 39.023.          [(a-1)]  Each time a student fails to perform satisfactorily   on an assessment instrument administered under Section 39.023(a) or   (l) in the third, fourth, fifth, sixth, seventh, or eighth grade or   on an end-of-course assessment instrument administered under   Section 39.023(c), the school district in which the student attends   school shall provide to the student accelerated instruction in the   applicable subject area during the subsequent summer or school   year.          (a-1)  Subject to Subsection (a-7), each time a student fails   to perform satisfactorily on an assessment instrument specified   under Subsection (a) that is a mathematics or reading assessment   instrument or the English I, English II, or Algebra I end-of-course   assessment instrument, the school district in which the student   attends school shall [and] either:                (1)  allow the student to be assigned a classroom   teacher who is certified as a master, exemplary, or recognized   teacher under Section 21.3521 for the subsequent school year in the   applicable subject area; or                (2)  provide the student supplemental instruction   under Subsection (a-4).          (a-2)  Accelerated instruction provided during the following   school year under Subsection (a) [(a-1)] may require participation   of the student before or after normal school hours.          (a-3)  In providing accelerated instruction under Subsection   (a) [(a-1)], a district may not remove a student, except under   circumstances for which a student enrolled in the same grade level   who is not receiving accelerated instruction 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.          (a-4)  If a district receives funding under Section 29.0881   or 48.104, the Coronavirus Response and Relief Supplemental   Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the   American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then   supplemental instruction provided by a school district under   Subsection (a-1)(2) must:                (1)  include targeted instruction in the essential   knowledge and skills for the applicable grade levels and subject   area;                (2)  be provided in addition to instruction normally   provided to students in the grade level in which the student is   enrolled;                (3)  be provided [for no less than 30 total hours]   during the subsequent summer or school year:                      (A)  to each student for no less than 15 hours;                      (B)  for an average of no less than 30 hours per   student for all students receiving supplemental instruction; and                      (C)  [,] unless the instruction is provided to a   student fully during summer, [include instruction] no less than   once per week during the school year, except as otherwise provided   by commissioner rule to account for school holidays or shortened   school weeks;                (4)  be designed to assist the student in achieving   satisfactory performance in the applicable grade level and subject   area;                (5)  include effective instructional materials   designed for supplemental instruction;                (6)  be provided to a student individually or in a group   of no more than four [three] students, unless the parent or guardian   of each student in the group authorizes a larger group;                (7)  be provided by a person with training in the   applicable instructional materials for the supplemental   instruction and under the oversight of the school district; and                (8)  to the extent possible, be provided by one person   for the entirety of the student's supplemental instruction period.          (a-7)  The requirements under Subsection (a-1) do not apply   to a student who is retained at a grade level for the school year in   which those requirements would otherwise apply.          (a-8)  A parent or guardian of a student to whom supplemental   instruction will be provided under Subsection (a-1)(2) and who   either was administered and failed to perform satisfactorily on an   assessment instrument described by Subsection (a) or was   administered a beginning-of-year assessment instrument aligned   with the essential knowledge and skills for the applicable subject   area may elect to reduce or remove a requirement for that   instruction under Subsection (a-4) by submitting a written request   to the school district. A school district may not encourage or   direct a parent or guardian to make an election under this   subsection that would allow the district to not provide   supplemental instruction to the student.          (a-9)  The agency shall approve an automated or other   augmented method for providing supplemental instruction under   Subsection (a-1)(2) that may be used in lieu of some or all of the   individual or group instruction required under Subsection   (a-4)(6), as appropriate for the applicable grade level and subject   area and a student's academic deficiency. The agency may approve a   method under this subsection only if evidence indicates that the   method is more effective than the individual or group instruction   required under Subsection (a-4)(6). The commissioner shall adopt   rules regarding when a method approved under this subsection may be   used and the requirements under Subsection (a-4) for which the   method may be substituted.          (a-10)  A school district that is required to provide to a   student accelerated instruction under Subsection (a) or   supplemental instruction under Subsection (a-1)(2) is not required   to provide additional instruction under either subsection to the   student based on the student's failure to perform satisfactorily on   an assessment instrument administered as an optional assessment in   the same subject area in which the district is required to provide   the student the accelerated or supplemental instruction.          (b)  For each student who does not perform satisfactorily on   an assessment instrument described by Subsection (a-1) for two or   more consecutive school years, the school district the student   attends shall develop an accelerated education plan as described by   Subsection (f).          (f)  Not [An accelerated learning committee described by   Subsection (c) shall, not] later than the start of the subsequent   school year, a school district shall develop an accelerated   education [educational] plan for each [the] student to whom   Subsection (b) applies that provides the necessary accelerated   instruction to enable the student to perform at the appropriate   grade level by the conclusion of the school year. The plan:                (1)  must:                      (A)  identify the reason the student did not   perform satisfactorily on the applicable assessment instrument   described by Subsection (a-1); and                      (B)  notwithstanding Subsections (a-4)(3)(A) and   (B), require the student to be provided with no less than 30 hours,   or a greater number of hours if appropriate, of supplemental   instruction under Subsection (a-4) for each consecutive school year   in which the student does not perform satisfactorily on the   assessment instrument in the applicable subject area described by   Subsection (a-1); and                (2)  may require that, as appropriate to ensure the   student performs satisfactorily on the assessment instrument in the   applicable subject area described by Subsection (a-1) at the next   administration of the assessment instrument:                      (A)  notwithstanding Subsection (a-4)(6), the   student be provided supplemental instruction under Subsection   (a-4) individually or in a group of fewer than four students;                      (B)  the district expand the times in which   supplemental instruction under Subsection (a-4) is available to the   student;                      (C)  the student be assigned for the school year   to a specific teacher who is better able to provide accelerated   instruction; and                      (D)  the district provide any necessary   additional resources to the student.          (f-1)  The accelerated education [educational] plan under   Subsection (f) must be documented in writing, and a copy must be   provided to the student's parent or guardian.          (f-2)  During the school year, the student shall be monitored   to ensure that the student is progressing in accordance with the   accelerated education plan developed under Subsection (f).  The   district shall administer to the student the assessment instrument   for the grade level in which the student is placed at the time the   district regularly administers the assessment instruments for that   school year.          (f-3)  The board of trustees of each school district shall   adopt a policy consistent with the grievance procedure adopted   under Section 26.011 to allow a parent to contest the content or   implementation of an accelerated education [educational] plan   developed under Subsection (f).          (h)  In each instance under this section in which a school   district is specifically required to provide notice or a written   copy to a parent or guardian of a student, the district shall make a   good faith effort to ensure that such notice or copy is provided   either in person or by regular mail and that the notice or copy is   clear and easy to understand and is written in English or the parent   or guardian's native language.          (i)  The admission, review, and dismissal committee of a   student who participates in a district's special education program   under Subchapter A, Chapter 29, and who does not perform   satisfactorily on an assessment instrument specified under   Subsection (a) [and administered under Section 39.023(a) or (b)]   must [meet to] determine the manner in which the student will   participate in an accelerated instruction program under this   section. For a student for whom the committee determines   participation in the required tutoring model for supplemental   instruction under Subsection (a-4) is not appropriate, the   committee must review the student's individualized education plan   and adjust the plan as appropriate to target the areas in which the   student did not perform satisfactorily on the assessment   instrument.          (i-1)  If a student who attends school in a homebound or   other off-campus instructional arrangement is unable to   participate in an accelerated instruction program required under   this section due to the student's medical condition, the student's   admission, review, and dismissal committee or committee   established under Section 504, Rehabilitation Act of 1973 (29   U.S.C. Section 794), as applicable, may determine that the student   may be provided the accelerated instruction when the student   attends school in an on-campus instructional setting. If the   student's medical condition prevents the student from attending   school in an on-campus instructional setting for the school year   during which the accelerated instruction is required to be provided   to the student, the school district is not required to provide the   accelerated instruction to the student for that school year.          (i-2)  The admission, review, and dismissal committee of a   student who participates in a district's special education program   under Subchapter A, Chapter 29, and for whom an accelerated   education plan is required under Subsection (b) shall develop the   accelerated education plan for the student and must determine the   manner in which the student will participate in an accelerated   instruction program under this section. To the extent consistent   with federal law, the accelerated education plan may not be   considered to be part of the student's individualized education   program and is not subject to the requirements of Section 29.005 or   20 U.S.C. Section 1414(d) relating to the development of an   individualized education program. A parent or guardian of a   student for whom an accelerated education plan is developed under   this subsection may contest the content or implementation of the   plan only through the grievance procedure adopted under Subsection   (f-3).          (j)  A school district or open-enrollment charter school   shall provide students required to attend accelerated programs   under this section with transportation to those programs if the   programs occur outside of regular school hours, unless the district   or school does not operate, or contract or agree with another entity   to operate, a transportation system.          (n)  Except as requested under Subsection (a-5) or provided   by Subsection (n-1), a student for whom an accelerated education   plan must be developed [who fails to perform satisfactorily on an   assessment instrument specified] under Subsection (b) [(a) and is   promoted to the next grade level] must be assigned, in each [the   subsequent] school year and [in each] subject covered by the   accelerated education plan, [in which the student failed to perform   satisfactorily on an assessment instrument specified under   Subsection (a)] to an appropriately certified teacher who meets all   state and federal qualifications to teach that subject and grade.          SECTION 3.  Section 29.0881(e), Education Code, is amended   to read as follows:          (e)  A school district or open-enrollment charter school   that receives grant funds under this section may use the funds to:                (1)  financially support or train or otherwise prepare   educators and other staff;                (2)  pay for agreements with other entities to provide   prekindergarten services; or                (3)  pay for accelerated instruction provided under   Section 28.0211 [or 28.0217].          SECTION 4.  Section 39.025(b-1), Education Code, is amended   to read as follows:          (b-1)  A school district shall provide each student who fails   to perform satisfactorily as determined by the commissioner under   Section 39.0241(a) on an end-of-course assessment instrument with   accelerated instruction under Section 28.0211 [28.0217] in the   subject assessed by the assessment instrument.          SECTION 5.  The following provisions of the Education Code   are repealed:                (1)  Sections 28.0211(c), (f-4), (f-5), (o), and (p);   and                (2)  Section 28.0217.          SECTION 6.  The changes in law made by this Act to Section   28.0211, Education Code, apply beginning with assessment   instruments administered during the 2023 spring semester.          SECTION 7.  The repeal by this Act of Section 28.0217,   Education Code, applies beginning with the 2023-2024 school year.          SECTION 8.  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, 2023.