H.B. No. 1416         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-4), (a-5), (f), (f-1), (f-2),   (f-3), (g), (h), (i), (j), (k), and (n) and adding Subsections   (a-7), (a-8), (a-9), (a-10), (a-11), (a-12), (a-13), (a-14), (b),   (b-1), (i-1), (l), (q), and (r) to read as follows:          (a)  To ensure that each student achieves at least   satisfactory performance on each assessment instrument   administered under Section 39.023, a [A] school district shall   ensure that the district's curricular and instructional systems   provide instruction to all students that:                (1)  is consistently aligned with the essential   knowledge and skills for the applicable subject area and grade   level; and                (2)  strategically and timely addresses deficiencies   in the prerequisite essential knowledge and skills for the   applicable subject area and grade level [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   an end-of-course assessment instrument administered under Section   39.023(c), other than an assessment instrument developed or adopted   based on alternative academic achievement standards, 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 and, subject to   Subsections (a-7) and (a-8), 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-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:                            (i)  15 hours; or                            (ii)  30 hours for a student whose   performance on the applicable assessment instrument was   significantly below satisfactory, as defined by commissioner rule;    and                      (B)  [,] 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-5)  Each school district shall establish a process   allowing for the parent or guardian of a student who fails to   perform satisfactorily on an assessment instrument specified under   Subsection (a-1) [(a)] to make a request for district consideration   that the student be assigned to a particular classroom teacher in   the applicable subject area for the subsequent school year, if more   than one classroom teacher is available.          (a-7)  The requirements under Subsection (a-1)(1) or (2) 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 school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year. If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading, or Algebra I, English I, or   English II, as applicable, for that school year.          (a-9)  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 specified under Subsection (a-1) or was   administered a beginning-of-year assessment instrument aligned   with the essential knowledge and skills for the applicable subject   area, including a student to whom Subsection (b) applies, may elect   to modify or remove a requirement for that instruction under   Subsection (a-4) by submitting a written request to an   administrator of the campus at which the student is enrolled. 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:                (1)  not provide supplemental instruction to the   student; or                (2)  provide supplemental instruction in a group larger   than authorized under Subsection (a-4)(6).          (a-10)  A school district is not required to provide   accelerated instruction under Subsection (a-1) to a student who,   instead of being administered an assessment instrument specified   under Subsection (a-1), was administered a substitute assessment   instrument in accordance with other law or agency rule authorizing   the use of the substitute assessment instrument for purposes of   satisfying the requirements concerning the applicable assessment   instrument under Subsection (a-1).          (a-11)  The agency shall approve one or more products that   use an automated, computerized, 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 product under this   subsection only if evidence indicates that the product is more   effective than the individual or group instruction required under   Subsection (a-4)(6). The commissioner shall adopt rules regarding   when a product approved under this subsection may be used and the   requirements under Subsection (a-4) for which the product may be   substituted.          (a-12)  For the purpose of providing accelerated instruction   or supplemental instruction under this section, a school district   may use a service provider that is not on a list of service   providers approved by the agency if the district can demonstrate to   the commissioner that use of the service provider results in   measurable improvement in student outcomes.          (a-13)  A school district that is required to provide to a   student accelerated instruction under Subsection (a-1) or   supplemental instruction under Subsection (a-1)(2) is not required   to provide additional instruction under either provision 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.          (a-14)  A school district shall provide to the parent or   guardian of a student who fails to perform satisfactorily on an   assessment instrument specified under Subsection (a-1) notice that   the student is not performing on grade level in the applicable   subject area. Notwithstanding Subsection (h), the district must   provide the notice at a parent-teacher conference or, if the   district is unable to provide the notice at a parent-teacher   conference, by another means. The agency shall develop and provide   to school districts a model notice in plain language for use under   this section.          (b)  For each student who does not perform satisfactorily on   an assessment instrument specified under Subsection (a-1) for two   or more consecutive school years in the same subject area, the   school district the student attends shall develop an accelerated   education plan as described by Subsection (f).          (b-1)  A school district shall make a good faith attempt to   provide to the parent or guardian of a student to whom Subsection   (b) applies a parent-teacher conference with the student's primary   teacher at the start and end of the subsequent school year. At the   conference, the district shall provide the student's parent or   guardian with:                (1)  the notice required under Subsection (a-14); and                (2)  an explanation of:                      (A)  the accelerated instruction to which the   student is entitled under this section; and                      (B)  the accelerated education plan that must be   developed for the student under Subsection (f) and the manner in   which the parent or guardian may participate in developing the   plan.          (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 or course 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   specified under Subsection (a-1); and                      (B)  notwithstanding Subsection (a-4)(3)(A),   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 specified under   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 specified under Subsection (a-1) at the   next administration of the assessment instrument:                      (A)  the district expand the times in which   supplemental instruction under Subsection (a-4) is available to the   student;                      (B)  the student be assigned for the school year   to a specific teacher who is better able to provide accelerated   instruction; and                      (C)  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).          (g)  This section does not preclude the retention at a grade   level, in accordance with state law or school district policy, of a   student who performs satisfactorily on an assessment instrument   specified under Subsection (a-1) [(a)].          (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-1) shall, at the student's next annual review   meeting, review the student's participation and progress in, as   applicable, accelerated instruction provided under Subsection (a),   supplemental instruction provided under Subsection (a-1)(2), or an   accelerated education plan developed under Subsection (f). The   student's parent may request, or the district may schedule, an   additional committee meeting if a committee member believes that   the student's individualized education program needs to be modified   based on the requirements under this section. If the district   refuses to convene a committee meeting requested by the student's   parent under this subsection, the district shall provide the parent   with written notice explaining the reason the district refuses to   convene the meeting [(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].          (i-1)  If a student who attends school in a homebound or   other off-campus instructional arrangement, including at a   residential treatment campus or state hospital, is unable to   participate in an accelerated instruction program required under   this section due to the student's condition, the school district   may determine that the student be provided the accelerated   instruction when the student attends school in an on-campus   instructional setting. If the student's 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 district is not required   to provide the accelerated instruction to the student for that   school year.          (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.          (k)  The commissioner may adopt rules as necessary to   implement this section, including rules for required reporting   necessary to support student transfers.          (l)  The agency shall monitor and evaluate the effectiveness   of the accelerated instruction required under this section.          (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.          (q)  The commissioner may waive the requirements under this   section regarding accelerated instruction for a school district for   each school year in which at least 60 percent of the students who   received accelerated instruction during the school year   immediately preceding the previous school year, including at least   60 percent of students whose performance on the applicable   assessment instrument was significantly below satisfactory, as   defined by commissioner rule, performed satisfactorily in the   previous school year on the assessment instrument in each subject   in which the student previously failed to perform satisfactorily.     For purposes of determining whether a school district qualifies for   a waiver under this subsection, the commissioner shall:                (1)  if a student received accelerated instruction in   more than one subject during the applicable school year, consider   the student's performance on the assessment instrument in each   subject separately from the student's performance on the assessment   instrument for each other subject; and                (2)  by rule provide that a school district may not   qualify for a waiver if students who are receiving special   education services or are educationally disadvantaged are   overrepresented among the students in the district who received   accelerated instruction during the school year immediately   preceding the previous school year and did not perform   satisfactorily in the previous school year on the assessment   instrument in each applicable subject.          (r)  Not later than the beginning of each school year, the   commissioner shall publish a list of school districts that qualify   for a waiver under Subsection (q).          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), and (f-5); 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.  (a) Notwithstanding any other section of this   Act, in a state fiscal year, the Texas Education Agency is not   required to implement a provision found in another section of this   Act that is drafted as a mandatory provision imposing a duty on the   agency to take an action unless money is specifically appropriated   to the agency for that fiscal year to carry out that duty. The Texas   Education Agency may implement the provision in that fiscal year to   the extent other funding is available to the agency to do so.          (b)  If, as authorized by Subsection (a) of this section, the   Texas Education Agency does not implement the mandatory provision   in a state fiscal year, the agency, in its legislative budget   request for the next state fiscal biennium, shall certify that fact   to the Legislative Budget Board and include a written estimate of   the costs of implementing the provision in each year of that next   state fiscal biennium.          (c)  This section and the suspension of the Texas Education   Agency's duty to implement a mandatory provision of this Act, as   provided by Subsection (a) of this section, expires and the duty to   implement the mandatory provision resumes on September 1, 2027.          SECTION 9.  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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1416 was passed by the House on April   20, 2023, by the following vote:  Yeas 144, Nays 1, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1416 on May 19, 2023, by the following vote:  Yeas 141, Nays 1,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1416 was passed by the Senate, with   amendments, on May 16, 2023, by the following vote:  Yeas 29, Nays   2.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor