89R14109 PRL-F     By: Dutton H.B. No. 123       A BILL TO BE ENTITLED   AN ACT   relating to measures to support kindergarten readiness and early   literacy and numeracy skills for public school students, including   an early childhood parental support program, and to funding under   the Foundation School Program for certain school districts and 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 [From]   funds provided under Section 48.108 or appropriated for that   purpose, a classroom teacher who provides instruction to students   in kindergarten through third grade and 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 classroom teacher is not eligible for a stipend   under Subsection (d) if the teacher:                (1)  is currently enrolled in an educator preparation   program;                (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 who   provide reading interventions to students who require accelerated   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), (d-2), (g),   (h), and (i) to read as follows:          (d)  Except as provided by Subsection (d-1), from [From]   funds appropriated for that purpose, a classroom teacher who   attends a mathematics achievement academy is entitled to receive a   stipend 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 classroom teacher is not eligible for a stipend   under Subsection (d) if the teacher:                (1)  is currently enrolled in an educator preparation   program;                (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.          (d-2)  From funds provided under Section 48.108 or   appropriated for that purpose, a school district or open-enrollment   charter school must pay for the costs for a classroom teacher   employed by the district or school to attend a 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   who provides additional support to students who require accelerated   instruction in mathematics.          (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.  Subchapter C, Chapter 25, Education Code, is   amended by adding Section 25.0816 to read as follows:          Sec. 25.0816.  ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT   PROGRAM. (a) From money appropriated or otherwise available for   the purpose, the agency shall establish and administer a grant   program to provide funding and technical assistance to school   districts and open-enrollment charter schools to plan the school   year and adjust operations as necessary to qualify for the   incentive funding under Section 48.0051.          (b)  In awarding grants under the program, the agency shall   prioritize school districts and open-enrollment charter schools   that seek to maximize incentive funding under Section 48.0051.          (c)  The agency may solicit and accept gifts, grants, and   donations for purposes of this section.          SECTION 7.  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 8.  The heading to Section 28.006, Education Code,   is amended to read as follows:          Sec. 28.006.  KINDERGARTEN READING DIAGNOSIS.          SECTION 9.  Section 28.006, Education Code, is amended by   amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and   (h) and adding Subsection (n) to read as follows:          (a)  The commissioner shall develop recommendations for   school districts for:                (1)  administering reading instruments, including an   instrument developed under Section 28.0063, to diagnose student   foundational literacy skills in 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 to   diagnose the foundational literacy skills in [student] reading   development and comprehension of students enrolled in   kindergarten.  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.  A [list   of] reading instrument [instruments] adopted under this subsection   must provide for diagnosing the foundational literacy skills in   reading development and comprehension of a student [students]   participating in a program under Subchapter B, Chapter 29.          (b-1)  The commissioner may approve an alternative reading   instrument for use in 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.          (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 instrument   adopted or approved [for each grade level for which a reading   instrument is required to be administered] under this section 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 admission, review, and dismissal committee of a   student who participates in a school district's special education   program under Subchapter A, Chapter 29, may modify any requirement   for student participation under this section.          SECTION 10.  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 diagnose   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, except for a substitute   instrument allowed under Subsection (d);                (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 performance in   foundational literacy or numeracy skills indicates 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, include applicable   elements required for a screening 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;                (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 commissioner may allow a school district to   substitute:                (1)  an instrument adopted or approved under Section   28.006 for an instrument adopted under this section that is   administered to a kindergarten student at the beginning of the   school year;                (2)  an interim assessment instrument adopted or   developed under Section 39.023(o) for an instrument adopted under   this section; or                (3)  a third grade assessment instrument adopted or   developed under Section 39.023 for an instrument adopted under this   section that is administered at the end of the school year for a   third grade student.          (e)  A school district shall administer to students in   kindergarten through third grade a reading and mathematics   instrument adopted under Subsection (a) in accordance with   requirements established by the commissioner under this section.          (f)  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.          (g)  For each student in kindergarten through third grade who   is determined to have dyslexia or a related disorder, the district   shall:                (1)  notify the student's parent or guardian of the   determination and provide to the parent or guardian information   regarding the Talking Book Program offered by the Texas State   Library and Archives Commission; and                (2)  ensure that the district is complying with the   requirements of Section 29.0031 with respect to the student.          (h)  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.          (i)  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.          (j)  The commissioner shall adopt rules as necessary to   implement this section.          (k)  Section 2001.0045, Government Code, does not apply to a   rule adopted under this section.          (l)  A school district may comply with the requirements of   Subsection (e) 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 during the subsequent 12 months.          (b)  Reading interventions provided under Subsection (a)   must:                (1)  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)  ensure that the student receives the interventions   during a period and at a frequency sufficient to address the areas   described by Subdivision (1);                (3)  include effective instructional materials   designed for reading intervention;                (4)  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)  to the extent possible, be provided by one person   for the entirety of the student's reading intervention period; and                (6)  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 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 prevent the   provision of any special education services required under   Subchapter A, Chapter 29, or the Individuals with Disabilities   Education Act (20 U.S.C. Section 1400 et seq.).  A student's   admission, review, and dismissal committee may modify any   requirement for student participation in reading interventions   under this section.          (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. (a)  The agency shall   develop and implement an adaptive vocabulary assessment to assess   vocabulary development in students in kindergarten through third   grade.          (b)  The agency may use an assessment developed under this   subsection to assess students in grades other than grades described   by Subsection (a).          (c)  The admission, review, and dismissal committee of a   student who participates in a school district's special education   program under Subchapter A, Chapter 29, may modify any requirement   for student participation under this section.          (d)  The commissioner may adopt rules as necessary to   implement this section.          Sec. 28.0071.  MATHEMATICS TRAINING FOR KINDERGARTEN   THROUGH EIGHTH GRADE. (a)  Each school district and   open-enrollment charter school shall ensure that:                (1)  not later than the 2030-2031 school year, each   classroom teacher that provides instruction in mathematics to   students in kindergarten through eighth 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 2030-2031 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 11.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.02111 to read as follows:          Sec. 28.02111.  THIRD GRADE SUPPLEMENTARY SUPPORTS. (a) The   commissioner shall establish and administer a program for students   in the third grade who are required to be provided accelerated   instruction under Section 28.0211(a-1) through which the student's   parent may direct tutoring services to support the student. The   agency shall provide to a student described by this subsection a   grant in the amount provided under Section 48.310 to purchase from   an agency-approved provider tutoring services designed to help   improve the student's proficiency in reading.          (b)  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.          (c)  A student may not receive more than one grant under this   section.          (d)  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.          (e)  A school district or open-enrollment charter school in   which a student who receives a grant under this section is enrolled   remains subject to the requirements to provide accelerated   instruction under Section 28.0211.          (f)  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.          (g)  A decision by the commissioner regarding the program   under this section is final and may not be appealed.          (h)  The commissioner shall adopt rules as necessary to   implement this section.          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.  Subchapter E, Chapter 29, Education Code, is   amended by adding Section 29.163 to read as follows:          Sec. 29.163.  EARLY CHILDHOOD PARENTAL SUPPORT. (a)  The   agency shall establish a list of programs that provide early   childhood parental support.  The programs must:                (1)  provide for optional participation by a parent;                (2)  be designed to assist a parent in supporting the   parent's child in attaining kindergarten readiness;                (3)  have demonstrated, through evidence including   random control trials, that the program:                      (A)  promotes kindergarten readiness; and                      (B)  increases attendance rates; and                (4)  have an established implementation model.          (b)  A school district or open-enrollment charter school may   offer a program on the list under Subsection (a) to families with a   child eligible for prekindergarten who reside in the district's or   school's attendance zone.          SECTION 15.  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 16.  Sections 29.934(b) and (d), Education Code, are   amended to read as follows:          (b)  To apply to be designated as a resource campus under   this section, the campus must have received an overall performance   rating under Section 39.054 of D or F, or an overall performance   rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for   three [four] years over a 10-year period of time.          (d)  To be designated as a resource campus, the campus must:                (1)  implement a targeted improvement plan as described   by Chapter 39A and establish a school community partnership team;                (2)  adopt an accelerated campus excellence turnaround   plan as provided by Section 39A.105(b) [except that a classroom   teacher who satisfies the requirements for demonstrated   instructional effectiveness under Section 39A.105(b)(3) must also   hold a current designation assigned under Section 21.3521];                (3)  be in a school district that has adopted an   approved local optional teacher designation system under Section   21.3521;                (4)  satisfy certain staff criteria by:                      (A)  requiring a principal or teacher employed at   the campus before the designation to apply for a position to   continue at the campus;                      (B)  for a subject in the foundation curriculum   under Section 28.002(a)(1):                            (i)  employing only teachers who have at   least two [three] years of teaching experience; and                            (ii)  ensuring that at least 50 percent of   teachers hold a current designation assigned under Section 21.3521;                      (C)  employing at least one school counselor for   every 300 students; and                      (D)  employing at least one appropriately   licensed professional to assist with the social and emotional needs   of students and staff, who must be a:                            (i)  family and community liaison;                            (ii)  clinical social worker;                            (iii)  specialist in school psychology; or                            (iv)  professional counselor;                (5)  implement a positive behavior program as provided   by Section 37.0013;                (6)  implement a family engagement plan as described by   Section 29.168;                (7)  develop and implement a plan to use high quality   instructional materials;                (8)  if the campus is an elementary or middle school    campus, operate the campus for a school year that qualifies for   funding under Section 48.0051; and                (9)  annually submit to the commissioner data and   information required by the commissioner to assess fidelity of   implementation.          SECTION 17.  Effective September 1, 2028, Section 29.934,   Education Code, is amended by amending Subsection (b) and adding   Subsection (b-1) to read as follows:          (b)  To apply to be designated as a resource campus under   this section, the campus must have received an overall performance   rating under Section 39.054 of D or F, or an overall performance   rating under Section 39.054(a-4)(1) of "Not Rated," for three   [four] years over a 10-year period of time.          (b-1)  Notwithstanding Subsection (b), a campus may apply to   be designated as a resource campus under this section if the campus   received an overall performance rating under Section 39.054 of D or   F, or an overall performance rating under Section 39.054(a-4)(1) or   former Section 39.0546 of "Not Rated," for three years over a   10-year period of time.  This subsection expires September 1, 2033.          SECTION 18.  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 to pay for   activities authorized under this section.          SECTION 19.  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 20.  Section 48.0051, Education Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsection (b-1)   to read as follows:          (a)  The [Subject to Subsection (a-1), 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)  provides the minimum number of minutes of   operational and instructional time required under Section 25.081   and commissioner rules adopted under that section over at least 175   [180] days of instruction; and                (2)  offers an additional 30 days of half-day   instruction for students enrolled in prekindergarten through   eighth [fifth] grade.          (b)  Subject to Subsection (b-1), for [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 the amount that results   from the quotient of the sum of attendance by students described by   Subsection (a)(2) for each of the 30 additional instructional days   of half-day instruction that are provided divided by 175 [180].          (b-1)  For a school district or open-enrollment charter   school described by Subsection (a) that provides at least 200 full   days of instruction to students described by Subsection (a)(2), the   commissioner shall increase the amount computed for the district or   school under Subsection (b) by 50 percent.          (d)  This section does not prohibit a school district from   providing the minimum number of minutes of operational and   instructional time required under Section 25.081 and commissioner   rules adopted under that section over fewer than 175 [180] days of   instruction.          SECTION 21.  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 over at least 180   days of instruction; 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 22.  Sections 48.108(a) and (b), Education Code, are   amended 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 0.11   [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.          SECTION 23.  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 10 percent of students enrolled in the district in   kindergarten through third grade.          SECTION 24.  Section 48.257, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  If for any school year a school district receives an   adjustment under Subsection (b) and, after that adjustment, is no   longer subject to Subsection (a), the district is entitled to   additional state aid for that school year in an amount equal to the   lesser of:                (1)  the difference, if the difference is greater than   zero, between:                      (A)  the amount to which the district is entitled   under Subchapters B, C, and D less the district's distribution from   the available school fund for that school year; and                      (B)  the district's tier one maintenance and   operations tax collections for that school year; or                (2)  the sum of the district's allotments under   Sections 48.0051, 48.110, and 48.112 for that school year.          SECTION 25.  Subchapter G, Chapter 48, Education Code, is   amended by adding Sections 48.310 and 48.315 to read as follows:          Sec. 48.310.  EARLY CHILDHOOD PARENTAL SUPPORT FUNDING. (a)     A school district or open-enrollment charter school that implements   an early childhood parental support program on the list established   by the agency under Section 29.163 may elect to receive a funding   adjustment as provided by this section.          (b)  For each child who is eligible to receive free   prekindergarten under Section 29.153 and whose family participates   in an early childhood parental support program under Section 29.163   offered by a school district or open-enrollment charter school, the   district or school is entitled to an amount equal to the basic   allotment multiplied by 0.2.          (c)  For each child for whom a school district or   open-enrollment charter school receives funding under Subsection   (b) for a school year, the commissioner shall reduce the district's   or school's entitlement under this chapter for the subsequent five   school years by an amount equal to the basic allotment multiplied by   0.02.          (d)  Notwithstanding any other provision of this chapter or   Chapter 49, the agency may make a modification to the Foundation   School Program requirements to ensure that a school district's or   open-enrollment charter school's entitlement is adjusted only as   necessary for the district or school to receive funding in   accordance with this section.          Sec. 48.315.  THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;   FUNDING ADJUSTMENT.  (a)  A student to whom the agency provides a   grant under Section 28.02111 is entitled to receive an amount of   $750, or a greater amount provided by appropriation.          (b)  A student may receive only one grant under Section   28.02111.          (c)  Subject to Subsection (d), beginning with the 2030-2031   school year, the agency shall reduce the school district's   entitlement under this chapter each school year by $750 for each   student who both:                (1)  received and used a grant under Section 28.02111   during the preceding school year; and                (2)  was enrolled in the district from kindergarten   through third grade.          (d)  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 $325.          (e)  Notwithstanding Section 7.057, a determination by the   commissioner under this section is final and may not be appealed.          SECTION 26.  The following sections 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 27.  Sections 12.104, 21.4552, 21.4553, 25.085,   28.006, 29.1543, 29.167, 29.934, and 39.333, Education Code, as   amended by this Act, and Sections 28.0063, 28.0064, 28.0065,   28.02111, and 29.163, Education Code, as added by this Act, apply   beginning with the 2025-2026 school year.          SECTION 28.  (a)  Sections 48.0051 and 48.108, Education   Code, as amended by this Act, and Sections 48.0052, 48.122,   48.257(b-1), 48.310, and 48.315, 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.