88R3169 MEW-F     By: Metcalf H.B. No. 2031       A BILL TO BE ENTITLED   AN ACT   relating to the assessment of public school students and the   provision of accelerated instruction to 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.  Sections 28.0211(a-1), (a-4), (g), and (i),   Education Code, are amended to read as follows:          (a-1)  Each time a student fails to perform satisfactorily on   an assessment instrument administered under Section 39.023(a) in   the third, fourth, fifth, sixth, seventh, or eighth grade, 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 [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,   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 and, unless the instruction is   provided fully during summer, include instruction no less than once   per week during the school year;                (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 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.          (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)].          (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) [(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.          SECTION 3.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsection (q)   to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, mathematics, [social   studies,] and science. Except as provided by Subsection (a-2), all   students, other than students assessed under Subsection (b) or (l)   or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   eight;                (2)  reading, annually in grades three through eight;                (3)  [social studies, in grade eight;                [(4)]  science, in grades five and eight; and                (4) [(5)]  any other subject and grade required by   federal law.          (c)  The agency shall also adopt end-of-course assessment   instruments for secondary-level courses in reading, mathematics,   and science only as necessary to comply with the Every Student   Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered   only as necessary to meet the minimum requirements of that Act   [Algebra I, biology, English I, English II, and United States   history.  The Algebra I end-of-course assessment instrument must   be administered with the aid of technology, but may include one or   more parts that prohibit the use of technology.  The English I and   English II end-of-course assessment instruments must each assess   essential knowledge and skills in both reading and writing and must   provide a single score].  A school district shall comply with State   Board of Education rules regarding administration of the assessment   instruments adopted under [listed in] this subsection.  If a   student is in a special education program under Subchapter A,   Chapter 29, the student's admission, review, and dismissal   committee shall determine whether any allowable modification is   necessary in administering to the student an assessment instrument   required under this subsection.  The State Board of Education shall   administer the assessment instruments.  An end-of-course   assessment instrument may be administered in multiple parts over   more than one day.  The State Board of Education shall adopt a   schedule for the administration of end-of-course assessment   instruments that complies with the requirements of Subsection   (c-3).          (c-2)  The agency may adopt end-of-course assessment   instruments for courses for which end-of-course assessment   instruments are not adopted under [not listed in] Subsection   (c).  A student's performance on an end-of-course assessment   instrument adopted under this subsection is not subject to the   performance requirements established under Subsection (c) or   Section 39.025.          (q)  Notwithstanding any provision of this section or other   law, if changes made to the Every Student Succeeds Act (20 U.S.C.   Section 6301 et seq.) reduce the number or frequency of assessment   instruments required to be administered to students, the State   Board of Education shall adopt rules reducing the number or   frequency of assessment instruments administered to students under   state law, and the commissioner shall ensure that students are not   assessed in subject areas or in grades that are no longer required   to meet the minimum requirements of that Act.          SECTION 4.  Section 39.025(a-1), Education Code, is amended   to read as follows:          (a-1)  A student enrolled in a college preparatory   mathematics or English language arts course under Section 28.014   who satisfies the Texas Success Initiative (TSI) college readiness   benchmarks prescribed by the Texas Higher Education Coordinating   Board under Section 51.334 on an assessment instrument designated   by the coordinating board under that section administered at the   end of the college preparatory mathematics or English language arts   course satisfies the requirements concerning and is exempt from the   administration of the mathematics or reading [Algebra I or the   English I and English II] end-of-course assessment instrument   [instruments], as applicable, [as prescribed by Section   39.023(c),] even if the student did not perform satisfactorily on a   previous administration of the applicable end-of-course assessment   instrument. A student who fails to perform satisfactorily on the   assessment instrument designated by the coordinating board under   Section 51.334 administered as provided by this subsection may   retake that assessment instrument for purposes of this subsection   or may take the appropriate end-of-course assessment instrument.          SECTION 5.  Section 39.203(c), Education Code, is amended to   read as follows:          (c)  In addition to the distinction designations described   by Subsections (a) and (b), a campus that satisfies the criteria   developed under Section 39.204 shall be awarded a distinction   designation by the commissioner for outstanding performance in   academic achievement in reading [English language arts],   mathematics, or science[, or social studies].          SECTION 6.  The following provisions of the Education Code   are repealed:                (1)  Sections 28.0211(a), (a-5), (c), (f), (f-1),   (f-2), (f-3), (f-4), (f-5), (n), and (n-1); and                (2)  Section 39.023(c-9).          SECTION 7.  This Act 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.