By: Dutton, et al. (Senate Sponsor - Creighton) H.B. No. 123          (In the Senate - Received from the House May 8, 2025;   May 16, 2025, read first time and referred to Committee on   Education K-16; May 27, 2025, reported favorably by the following   vote:  Yeas 11, Nays 0; May 27, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to measures to support kindergarten readiness and early   literacy and numeracy skills for public school students and to   funding 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 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.  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.  Chapter 2110, Government Code, does not apply to an   advisory board established under this subsection.          SECTION 6.  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 7.  The heading to Section 28.006, Education Code,   is amended to read as follows:          Sec. 28.006.  KINDERGARTEN READING READINESS [DIAGNOSIS].          SECTION 8.  Section 28.006, Education Code, is amended by   amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and   (h) and adding Subsections (n) and (o) 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 the results of a [the] reading instrument   administered to students under this section [instruments];                (2)  not later than 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)  The performance of students in kindergarten on a reading   instrument adopted or approved under this section may not be   considered for any purpose under Chapter 39 or 39A.          (o)  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 9.  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 commissioner, 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 and   instruments not developed by the commissioner;                (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 the results of a reading or mathematics   instrument administered to students under this section; and                (2)  not later than 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)  The performance of students in kindergarten, first   grade, or second grade on a reading or mathematics instrument   adopted or approved under this section may not be considered for any   purpose under Chapter 39 or 39A.          (n)  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 commissioner, 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):                (1)  must 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)  must ensure that the student receives the   interventions during a period and at a frequency sufficient to   address the areas described by Subdivision (1);                (3)  must include effective instructional materials   designed for reading intervention;                (4)  must 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)  must, to the extent possible, be provided by one   person for the entirety of the student's reading intervention   period;                (6)  may use automated, computerized, or other   augmented methods to supplement the interventions and   instructional materials provided to the student; and                (7)  must 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 commissioner, 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 a reading   intervention requirement 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 commissioner, 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 ASSESSMENT 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 THIRD GRADE. (a)  Each school district and open-enrollment   charter school shall ensure that:                (1)  not later than the 2031-2032 school year, each   classroom teacher that provides instruction in mathematics to   students in kindergarten through third 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 2031-2032 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 10.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.02111 to read as follows:          Sec. 28.02111.  FIRST THROUGH THIRD GRADE SUPPLEMENTARY   SUPPORTS. (a) The commissioner shall establish and administer a   program designed to help improve student proficiency in reading by   providing a grant in an amount provided under Section 48.317   through which the student's parent may purchase tutoring services   from agency-approved providers to:                (1)  a student at or below the third grade level who,   beginning in the first grade, fails to perform satisfactorily on   two or more assessment instruments administered to the student; and                (2)  a student at or below the third grade level who   fails to perform satisfactorily on two or more assessment   instruments administered to the student after receiving the full   extent of services available to the student under a grant provided   under Subdivision (1), regardless of whether the student received   the services and failed to perform satisfactorily on the assessment   instruments during the same school year.          (b)  Not later than the 30th day after the date a student   receives a grant under Subsection (a), the student's parent must   select the agency-approved provider from which the parent will   purchase tutoring services or provide to the school district or   open-enrollment charter school in which the student is enrolled   written notice of the parent's decision to opt the student out of   the supplementary supports under this section.  If the parent does   not select a provider or provide notice opting the student out of   the supplementary supports during the period described by this   subsection, the district or school in which the student is enrolled   may select the provider.          (c)  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.          (d)  A student may receive not more than one grant under   Subsection (a)(1) and one grant under Subsection (a)(2), unless   additional grants are provided for by appropriation.          (e)  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.          (f)  A school district or open-enrollment charter school in   which a third grade student who receives a grant under this section   is enrolled remains subject to the requirements to provide   accelerated instruction under Section 28.0211.          (g)  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.          (h)  A decision by the commissioner regarding the program   under this section is final and may not be appealed.          (i)  The commissioner shall adopt rules as necessary to   implement this section.          SECTION 11.  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 12.  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 in the previous school 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; 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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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 19.  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 20.  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 15 percent of students enrolled in the district in   kindergarten through third grade.          SECTION 21.  Subchapter G, Chapter 48, Education Code, is   amended by adding Section 48.317 to read as follows:          Sec. 48.317.  FIRST THROUGH THIRD GRADE SUPPLEMENTARY   SUPPORTS GRANT; FUNDING ADJUSTMENT. (a) A student to whom the   agency provides a grant under Section 28.02111(a)(1) or (2) is   entitled to receive an amount of $400, or a greater amount provided   by appropriation.          (b)  A student may receive not more than one grant under   Section 28.02111(a)(1) and one grant under Section 28.02111(a)(2),   unless additional grants are provided for by appropriation.          (c)  Subject to Subsection (e), beginning with the 2030-2031   school year, the agency shall reduce the school district's   entitlement under this chapter each school year by the amount   calculated under Subsection (d) for each student who:                (1)  fails to perform satisfactorily on a reading   assessment instrument administered under Section 39.023 in the   third grade;                (2)  received and used a grant under Section 28.02111   during the preceding school year; and                (3)  was enrolled in the district from kindergarten   through third grade.          (d)  The amount calculated for a student for purposes of   Subsection (c) is the difference between the total amount of grants   received by the student under Section 28.02111 and the amount of   money, if any, remaining in the account assigned to the student   under that section at the end of third grade.          (e)  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 $200   for each grant the student received under Section 28.02111.          (f)  Any money remaining in an account assigned to a student   under Section 28.02111 at the end of third grade shall be returned   for deposit in the foundation school fund.          (g)  Notwithstanding Section 7.057, a determination by the   commissioner under this section is final and may not be appealed.          SECTION 22.  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 23.  Sections 12.104, 21.4552, 21.4553, 25.085,   28.006, 29.1543, 29.167, and 39.333, Education Code, as amended by   this Act, and Sections 28.0063, 28.0064, 28.0065, and 28.02111,   Education Code, as added by this Act, apply beginning with the   2025-2026 school year.          SECTION 24.  (a) Section 48.108, Education Code, as amended   by this Act, and Sections 48.0052, 48.122, 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,   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.     * * * * *