87S30102 MEW-D     By: Huberty H.B. No. 131       A BILL TO BE ENTITLED   AN ACT   relating to providing accelerated instruction for certain public   school students, a substitute teacher grant program, the   calculation of average daily attendance of public school students,   and an accelerated learning and sustainment allotment under the   foundation school program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.0211, Education Code, is amended by   amending Subsection (a) and adding Subsection (b) to read as   follows:          (a)  A school district shall ensure that curricular and   instructional systems established by the district provide   instruction to all students that:                (1)  is consistently aligned with grade-level   essential knowledge and skills; and                (2)  strategically and timely addresses deficiencies   in prerequisite essential knowledge and skills required for each   grade level.          (b)  A school district shall establish an accelerated   learning committee described by Subsection (b-1) [(c)] for each   student who does not perform satisfactorily on:                (1)  the third grade mathematics or reading assessment   instrument under Section 39.023; or                (2)  the fourth, fifth, sixth, seventh, or eighth grade   mathematics or reading assessment instrument under Section 39.023   in the school year following a school year in which the student did   not perform satisfactorily in the same subject on the assessment   instrument[; or                [(3)  the eighth grade mathematics or reading   assessment instrument under Section 39.023].          SECTION 2.  Section 28.0211, Education Code, is amended by   amending Subsections (a-1), (a-4), and (a-5) and adding Subsections   (a-7), (a-8), and (a-9) 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:                (1)  provide to the student accelerated instruction in   the applicable subject area during the subsequent summer or school   year;                (2)  provide the student's parent or guardian the   option under Subsection (a-5) to request that the student be   assigned to a particular classroom teacher; and                (3)  either:                      (A) [(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                      (B) [(2)]  provide the student supplemental   instruction under Subsection (a-4).          (a-4)  If a district receives funding under Section 29.0881,   48.104, or 48.1102, 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)(3)(B) [(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:                      (A)  to each student for no less than 15 [30 total]   hours for that school year;                      (B)  for an average of no less than 30 hours per   student for all students receiving supplemental instruction that   school year;                       (C)  during the subsequent summer or school year;   and                      (D) [,]  unless the instruction is provided to a   student 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 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)  A parent or guardian of a student who is provided   supplemental instruction under Subsection (a-1)(3)(B) by the   school district may decrease or remove a requirement of the   supplemental instruction provided under Subsection (a-4) for the   student by submitting a written request to the district. A district   may not encourage or otherwise direct a parent or guardian to act   under this subsection in a manner that allows the district to avoid   providing the student with the benefit of supplemental instruction.          (a-8)  If a student in a homebound or other off-campus   instructional arrangement is unable to participate in an   accelerated instruction program due to the nature of the student's   medical condition, the student's admission, review, and dismissal   committee, if the student receives special education services under   Subchapter A, Chapter 29, or the committee established for the   student under Section 504, Rehabilitation Act of 1973 (29 U.S.C.   Section 794), if the student does not receive special education   services under Subchapter A, Chapter 29, may determine that the   student will be provided the accelerated instruction when the   student returns to campus from the homebound or other off-campus   setting. If the student's medical condition prevents the student   from returning to campus during the current school year, the school   district is not required to provide the accelerated instruction to   the student during the subsequent school year.          (a-9)  For a student retained at a grade level in which the   student's performance requires the school district to provide   accelerated instruction under Subsection (a-1), the requirements   for supplemental instruction described by Subsection (a-4) do not   apply to any supplemental instruction provided to that student.          SECTION 3.  Section 28.0211(c), Education Code, is   redesignated as Sections 28.0211(b-1) and (b-2), Education Code,   and amended to read as follows:          (b-1) [(c)]  After a student fails to perform satisfactorily   on an assessment instrument as described by [specified under]   Subsection (b) [(a)], an accelerated learning committee shall be   established. The accelerated learning committee shall be composed   of at least:                (1)  the principal or the principal's designee from the   campus at which the student most recently failed to perform   satisfactorily and, if different, the campus at which the student   will be provided accelerated instruction;                (2)  [,] the student's parent or guardian;                (3)  [, and] the teacher of each [the] subject of an   assessment instrument for [on] which the student's performance   required an accelerated learning committee to be established under   Subsection (b);                (4)  the student's teacher of each subject described by   Subdivision (3) for the following school year; and                (5)  a representative of the district authorized to   ensure necessary supports and resources to implement an accelerated   instruction program [student failed to perform satisfactorily].          (b-2)  The district shall notify the parent or guardian of   the time and place for convening the accelerated learning committee   and the purpose of the committee.          SECTION 4.  Sections 28.0211(f), (f-4), (i), and (j),   Education Code, are redesignated as Sections 28.0211(b-3), (b-4),   (b-5), and (b-6), Education Code, and amended to read as follows:          (b-3) [(f)]  An accelerated learning committee described by   Subsection (b-1) [(c)] shall, not later than the start of the   subsequent school year, develop an educational plan for the student   that provides the necessary accelerated instruction to enable the   student to perform at the appropriate grade level by the conclusion   of the school year.          (b-4)  In developing the student's educational plan under   Subsection (b-3), [(f-4) If a student who fails to perform   satisfactorily on an assessment instrument specified under   Subsection (a) fails in the subsequent school year to perform   satisfactorily on an assessment instrument in the same subject, the   superintendent of the district, or the superintendent's designee,   shall meet with] the student's accelerated learning committee shall   [to]:                (1)  identify the reason the student did not perform   satisfactorily; and                (2)  [determine, in order] to ensure the student   performs satisfactorily on the assessment instrument at the next   administration of the assessment instrument, consider [whether]:                      (A)  increasing the number of hours of   supplemental instruction provided to the student beyond the minimum   number of hours required under Subsection (a-4)(3), including up to   45 hours or more during the school year [the educational plan   developed for the student under Subsection (f) must be modified to   provide the necessary accelerated instruction for that student];   [and]                      (B)  lowering the student-to-instructor ratio for   supplemental instruction below the maximum group size permitted   under Subsection (a-4)(6), including providing the supplemental   instruction to a student individually;                      (C)  expanding the scheduled availability of   supplemental instruction during the summer, during regular school   hours, and before or after regular school hours;                      (D)  assigning the student to a specific teacher   for the subsequent school year who is better able to provide   accelerated instruction; and                      (E)  providing any additional resources [are]   required for that student.          (b-5) [(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 for whom an accelerated   learning committee is required to be established [who does not   perform satisfactorily on an assessment instrument specified]   under Subsection [(a) and administered under Section 39.023(a) or]   (b) shall serve as the student's accelerated learning committee and   must meet to determine the manner in which the student will   participate in an accelerated instruction program under this   section.          (b-6) [(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 or an agent of the district or school does not   operate a district or school transportation system.          SECTION 5.  Sections 28.0211(f-1), (f-2), and (f-3),   Education Code, are redesignated as Sections 28.0211(c), (c-1), and   (c-2), Education Code, and amended to read as follows:          (c) [(f-1)]  The educational plan under Subsection (b-3)   [(f)] must be documented in writing, and a copy must be provided to   the student's parent or guardian.          (c-1) [(f-2)]  During the school year, the student shall be   monitored to ensure that the student is progressing in accordance   with the plan developed under Subsection (b-3) [(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.          (c-2) [(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 educational plan developed under   Subsection (b-3) [(f)].          SECTION 6.  Section 28.0211, Education Code, is amended by   adding Subsection (c-3) to read as follows:          (c-3)  The accelerated instruction plan developed by a   student's admission, review, and dismissal committee under   Subsection (b-5) is not 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 a student's individualized education   program. A parent of a student with an individualized education   program who intends to contest the content or implementation of the   plan must follow the grievance policy adopted under Subsection   (c-2).          SECTION 7.  Sections 28.0211(g), (n), and (n-1), Education   Code, are redesignated as Sections 28.0211(d), (d-1), and (d-2),   Education Code, and amended to read as follows:          (d) [(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 this section [Subsection (a)].          (d-1) [(n)]  Except as provided by Subsections (a-5) and   (d-2) [Subsection (n-1)], a student who fails to perform   satisfactorily on an assessment instrument, as described by   Subsection (b), [specified under Subsection (a)] and is promoted to   the next grade level must be assigned in the subsequent school year   in each subject in which the student failed to perform   satisfactorily on an assessment instrument, as described by   Subsection (b), [specified under Subsection (a)] to an   appropriately certified teacher who meets all state and federal   qualifications to teach that subject and grade.          (d-2) [(n-1)]  In a manner consistent with federal law and   notwithstanding any other law, the commissioner may waive the   requirement under Subsection (d-1) [(n)] regarding the assignment   of a student to an appropriately certified classroom teacher on the   request of a school district.          SECTION 8.  Section 28.0211(h), Education Code, is   redesignated as Section 28.0211(e), Education Code, and amended to   read as follows:          (e) [(h)]  In each instance under this section in which a   school district is specifically required to provide notice or a   written copy of a record to a parent or guardian of a student, the   district shall make a good faith effort to ensure that such notice   or written copy is provided either in person or by regular mail and   that the notice or written copy is clear and easy to understand and   is written in English or the parent or guardian's native language.          SECTION 9.  Section 28.0211, Education Code, is amended by   adding Subsection (f) to read as follows:          (f)  The commissioner may provide a waiver of the   requirements under this section 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 preceding   the previous school year performed satisfactorily in the subsequent   school year on the assessment instrument in each subject in which   the student previously failed to perform satisfactorily. Not later   than the beginning of each school year, the commissioner shall   publish a list of school districts that qualify for a waiver under   this subsection.          SECTION 10.  Sections 28.0211(k) and (l-1), Education Code,   are redesignated as Sections 28.0211(g) and (g-1), Education Code,   to read as follows:          (g) [(k)]  The commissioner may adopt rules as necessary to   implement this section.          (g-1) [(l-1)]  The commissioner may adopt rules requiring a   school district that receives federal funding under Title I of the   Elementary and Secondary Education Act of 1965 (20 U.S.C. Section   6301 et seq.) to use that funding to provide supplemental   educational services under 20 U.S.C. Section 6316 in conjunction   with the accelerated instruction provided under this section,   provided that the rules may not conflict with federal law governing   the use of that funding.          SECTION 11.  Section 28.0211, Education Code, is amended by   adding Subsections (h), (h-1), and (h-2) to read as follows:          (h)  Notwithstanding Subsection (a-1), the requirement to   provide accelerated instruction to a student under Subsection (a-1)   applies only to a student who fails to perform satisfactorily on:                (1)  for the 2021-2022 and 2022-2023 school years, an   assessment instrument under Section 39.023 in mathematics or   reading; and                (2)  for the 2023-2024 school year, an assessment   instrument under Section 39.023 in mathematics, reading, or social   studies.          (h-1)  Notwithstanding Subsection (a-4)(6), by an   affirmative vote of the board of trustees of a school district,   supplemental instruction may be provided to a student individually   or, without the authorization of the parent or guardian of each   student in the group, in a group of not more than:                (1)  10 students for the 2021-2022 school year; and                (2)  seven students for the 2022-2023 school year.          (h-2)  This subsection and Subsections (h) and (h-1) expire   September 1, 2024.          SECTION 12.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.935 to read as follows:          Sec. 29.935.  SUBSTITUTE TEACHER GRANT PROGRAM. (a) Using   funds appropriated for the purpose, to address acute substitute   teacher shortages, the agency shall provide grants to school   districts and open-enrollment charter schools to offset the costs   of increasing pay for substitute teachers in an amount not to exceed   50 percent of the rate of pay offered to substitute teachers by the   district or school during the preceding school year.          (b)  The agency shall ensure that school districts and   open-enrollment charter schools receiving grants under Subsection   (a) provide matching funds in an amount equal to the amount of grant   funds received.          SECTION 13.  Section 48.005, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  Notwithstanding the limit on the number of   instructional days for which an adjustment may be provided under   Subsection (d), the commissioner may provide an adjustment to the   average daily attendance of a school district for the 2021-2022   school year based on the continuing COVID-19 pandemic. This   subsection expires September 1, 2023.          SECTION 14.  Effective September 1, 2022, Subchapter C,   Chapter 48, Education Code, is amended by adding Section 48.1102 to   read as follows:          Sec. 48.1102.  ACCELERATED LEARNING AND SUSTAINMENT   ALLOTMENT. (a) For purposes of this section, a student is a:                (1)  successfully accelerated student if, in the   preceding school year, the student:                      (A)  performs satisfactorily or better on an   assessment instrument administered under Section 39.023(a); and                      (B)  was administered but did not perform   satisfactorily on the assessment instrument administered under   Section 39.023(a) for the same subject in the student's preceding   grade level; and                (2)  sustained accelerated student if, in the preceding   school year, the student:                      (A)  performs at the level determined under   Section 39.0241(a-1) or the equivalent to determine preparedness   for the student's next grade level or better on an assessment   instrument administered under Section 39.023(a);                      (B)  performs satisfactorily or better on the   assessment instrument administered under Section 39.023(a) for the   same subject in the student's preceding grade level; and                      (C)  was administered but did not perform   satisfactorily on the assessment instrument administered under   Section 39.023(a) for the grade level and subject preceding the   assessment described by Paragraph (B).          (b)  For each successfully accelerated student in the   preceding school year in excess of the minimum number of students   determined for the district or school under Subsection (d), a   school district or open-enrollment charter school is entitled to   the following annual allotment:                (1)  $500 for each student who is not educationally   disadvantaged; and                (2)  $1,000 for each student who is educationally   disadvantaged.          (c)  For each sustained accelerated student in the preceding   school year, a school district or open-enrollment charter school is   entitled to the following annual allotment:                (1)  $250 for each student who is not educationally   disadvantaged; and                (2)  $500 for each student who is educationally   disadvantaged.          (d)  The commissioner shall establish, using a percentile   determined by the commissioner based on the median performance of   school districts and open-enrollment charter schools on   assessments administered under Section 39.023(a) during the   2017-2018 school year, a threshold percentage of:                (1)  successfully accelerated students who are not   educationally disadvantaged; and                (2)  successfully accelerated students who are   educationally disadvantaged.          (e)  Each year, the commissioner shall determine for each   school district and open-enrollment charter school the minimum   number of successfully accelerated students the district or school   must have in order for the district or school to achieve the   percentage equal to the threshold percentage established for the   group of students described by Subsection (b).          (f)  The commissioner may modify the threshold percentages   established under Subsection (d) once every five years if the   commissioner determines that substantial improvement in the median   performance of school districts and open-enrollment charter   schools has occurred.           SECTION 15.  Sections 28.0211(f-5), (o), and (p), Education   Code, are repealed.          SECTION 16.  Section 28.0211, Education Code, as amended by   this Act, applies to accelerated instruction provided on or after   the effective date of this Act, including accelerated instruction   provided during the 2021-2022 school year.          SECTION 17.  Except 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 on the   91st day after the last day of the legislative session.