87R20515 TSS-F     By: Dutton H.B. No. 4545     Substitute the following for H.B. No. 4545:     By:  Dutton C.S.H.B. No. 4545       A BILL TO BE ENTITLED   AN ACT   relating to the assessment of public school students and the   purchase of certain instruction-related materials, the   establishment of a strong foundations grant program, providing   accelerated instruction for students who fail to achieve   satisfactory performance on certain assessment instruments, and an   accelerated learning and sustainment outcomes bonus allotment   under the foundation school program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 7, Education Code, is   amended by adding Section 7.071 to read as follows:          Sec. 7.071.  INSTRUCTION-RELATED PURCHASE BY COMMISSIONER.   (a) Using funds appropriated for the purpose or otherwise   available to the commissioner in the form of grants, the   commissioner may purchase curriculum programs, instructional   materials, and other instructional tools to provide for use by   school districts and open-enrollment charter schools.          (b)  To leverage state purchasing power and ensure   cost-effective use of taxpayer funds, the commissioner may contract   on behalf of a school district or open-enrollment charter school to   purchase any item for instructional purposes, provided that the   district or school dedicates local funds for the purpose.          SECTION 2.  The heading to Section 28.0211, Education Code,   is amended to read as follows:          Sec. 28.0211.  ACCELERATED LEARNING COMMITTEE [SATISFACTORY   PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED   INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.          SECTION 3.  Section 28.0211, Education Code, is amended by   amending Subsections (a), (a-1), (a-2), (a-3), (c), (f), (i), (k),   and (n) and adding Subsections (a-4), (a-5), (a-6), (f-1), (f-2),   (f-3), (f-4), (f-5), and (n-1) to read as follows:          (a)  A school district shall establish an accelerated   learning committee described by Subsection (c) for each student who   does not perform satisfactorily on:                (1)  the third grade mathematics or reading assessment   instrument under Section 39.023;                (2)  [Except as provided by Subsection (b) or (e), a   student may not be promoted to:                [(1)  the sixth grade program to which the student   would otherwise be assigned if the student does not perform   satisfactorily on] the fifth grade mathematics or [and] reading   assessment instrument [instruments] under Section 39.023; or                (3) [(2)  the ninth grade program to which the student   would otherwise be assigned if the student does not perform   satisfactorily on] the eighth grade mathematics or [and] reading   assessment instrument [instruments] under Section 39.023.          (a-1)  Each time a student fails to perform satisfactorily on   an assessment instrument administered under Section 39.023(a) in   the third, fourth, fifth, sixth, seventh, or eighth grade, the   school district in which the student attends school shall provide   to the student accelerated instruction in the applicable subject   area during the subsequent summer or school year and either:                (1)  allow the student to be assigned a classroom   teacher who is certified as a master, exemplary, or recognized   teacher under Section 21.3521 for the subsequent school year in the   applicable subject area; or                (2)  provide the student supplemental instruction   under Subsection (a-4).          (a-2)  Accelerated instruction provided during the following   school year under Subsection (a-1) may require participation of the   student before or after normal school hours [and may include   participation at times of the year outside normal school   operations].          (a-3)  In providing accelerated instruction under Subsection   (a-1), a district may not remove a student, except under   circumstances for which a student enrolled in the same grade level   who is not receiving accelerated instruction 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.           (a-4)  Supplemental instruction provided by a school   district under Subsection (a-1)(2) must:                 (1)  include targeted instruction in the essential   knowledge and skills for the applicable grade levels and subject   area;                (2)  be provided in addition to instruction normally   provided to students in the grade level in which the student is   enrolled;                (3)  be provided for no less than 30 total hours during   the subsequent summer or school year and, unless the instruction is   provided fully during summer, include instruction no less than once   per week during the school year;                (4)  be designed to assist the student in achieving   satisfactory performance in the applicable grade level and subject   area;                (5)  include effective instructional materials   designed for supplemental instruction;                (6)  be provided to a student individually or in a group   of no more than three students, unless the parent or guardian of   each student in the group authorizes a larger group;                (7)  be provided by a person with training in the   applicable instructional materials for the supplemental   instruction and under the oversight of the school district; and                (8)  to the extent possible, be provided by one person   for the entirety of the student's supplemental instruction period.          (a-5)  If there is more than one classroom teacher available   in the applicable subject area to which a student who fails to   perform satisfactorily on an assessment instrument specified under   Subsection (a) could be assigned for the subsequent school year,   the student's parent or guardian may choose the teacher who will   provide the applicable instruction to the student.          [(a-2)  A student who fails to perform satisfactorily on an   assessment instrument specified under Subsection (a) and who is   promoted to the next grade level must complete accelerated   instruction required under Subsection (a-1) before placement in the   next grade level. A student who fails to complete required   accelerated instruction may not be promoted.]          (a-6) [(a-3)]  The commissioner shall provide guidelines to   school districts on research-based best practices and effective   strategies that a district may use in developing an accelerated   instruction program and may provide resources to districts to   assist in the provision of an accelerated instruction program.          (c)  [Each time a student fails to perform satisfactorily on   an assessment instrument specified under Subsection (a), the school   district in which the student attends school shall provide to the   student accelerated instruction in the applicable subject area,   including reading instruction for a student who fails to perform   satisfactorily on a reading assessment instrument.] After a   student fails to perform satisfactorily on an assessment instrument   specified under Subsection (a), an accelerated learning [a second   time, a grade placement] committee shall be established [to   prescribe the accelerated instruction the district shall provide to   the student before the student is administered the assessment   instrument the third time]. The accelerated learning [grade   placement] committee shall be composed of the principal or the   principal's designee, the student's parent or guardian, and the   teacher of the subject of an assessment instrument on which the   student failed to perform satisfactorily. The district shall   notify the parent or guardian of the time and place for convening   the accelerated learning [grade placement] committee and the   purpose of the committee. [An accelerated instruction group   administered by a school district under this section may not have a   ratio of more than 10 students for each teacher.]          (f)  An accelerated learning [A school district shall   provide to a student who, after three attempts, has failed to   perform satisfactorily on an assessment instrument specified under   Subsection (a) accelerated instruction during the next school year   as prescribed by an educational plan developed for the student by   the student's grade placement] committee described by [established   under] Subsection (c) shall, not later than the start of the   subsequent school year, develop an[. The district shall provide   that accelerated instruction regardless of whether the student has   been promoted or retained. The] educational plan for the student   that provides the necessary accelerated instruction [must be   designed] to enable the student to perform at the appropriate grade   level by the conclusion of the school year.          (f-1)  The educational plan under Subsection (f) must be   documented in writing, and a copy must be provided to the student's   parent or guardian.          (f-2)  During the school year, the student shall be monitored   to ensure that the student is progressing in accordance with the   plan developed under Subsection (f). The district shall administer   to the student the assessment instrument for the grade level in   which the student is placed at the time the district regularly   administers the assessment instruments for that school year.          (f-3)  The board of trustees of each school district shall   adopt a policy consistent with the grievance procedure adopted   under Section 26.011 to allow a parent to contest the content or   implementation of an educational plan developed under Subsection   (f).          (f-4)  If a student who fails to perform satisfactorily on an   assessment instrument specified under Subsection (a) fails in the   subsequent school year to perform satisfactorily on an assessment   instrument in the same subject, the superintendent of the district,   or the superintendent's designee, shall meet with the student's   accelerated learning committee to:                (1)  identify the reason the student did not perform   satisfactorily; and                (2)  determine, in order to ensure the student performs   satisfactorily on the assessment instrument at the next   administration of the assessment instrument, whether:                      (A)  the educational plan developed for the   student under Subsection (f) must be modified to provide the   necessary accelerated instruction for that student; and                      (B)  any additional resources are required for   that student.          (f-5)  The superintendent's designee under Subsection (f-4):                (1)  may be an employee of a regional education service   center; and                (2)  may not be a person who served on the student's   accelerated learning committee.          (i)  The admission, review, and dismissal committee of a   student who participates in a district's special education program   under Subchapter A, Chapter 29, and who does not perform   satisfactorily on an assessment instrument specified under   Subsection (a) and administered under Section 39.023(a) or (b) must   meet to [before the student is administered the assessment   instrument for the second time. The committee shall] determine[:                [(1)]  the manner in which the student will participate   in an accelerated instruction program under this section[; and                [(2)  whether the student will be promoted in   accordance with Subsection (i-1) or retained under this section].          (k)  The commissioner may [shall] adopt rules as necessary to   implement this section[, including rules concerning when school   districts shall administer assessment instruments required under   this section and which administration of the assessment instruments   will be used for purposes of Section 39.054].          (n)  Except as provided by Subsection (n-1), a [A] student   who fails to perform satisfactorily on an assessment instrument   specified under Subsection (a) and is promoted to the next grade   level [by a grade placement committee under this section] must be   assigned in the subsequent school year in each subject in which the   student failed to perform satisfactorily on an assessment   instrument specified under Subsection (a) to an appropriately   certified [a] teacher who meets all state and federal   qualifications to teach that subject and grade.          (n-1)  In a manner consistent with federal law and   notwithstanding any other law, the commissioner may waive the   requirement under Subsection (n) regarding the assignment of a   student to an appropriately certified classroom teacher on the   request of a school district.          SECTION 4.  Section 28.0217, Education Code, is amended to   read as follows:          Sec. 28.0217.  ACCELERATED INSTRUCTION FOR HIGH SCHOOL   STUDENTS. (a) Each time a student fails to perform satisfactorily   on an assessment instrument administered under Section 39.023(c),   the school district in which the student attends school shall   provide to the student accelerated instruction in the applicable   subject area[, using funds appropriated for accelerated   instruction under Section 28.0211].          (b)  Accelerated instruction provided under this section:                (1)  may require participation of the student before or   after normal school hours and may include participation at times of   the year outside normal school operations; and                (2)  must comply with the requirements for accelerated   instruction provided under Section 28.0211.          SECTION 5.  Subchapter C, Chapter 29, Education Code, is   amended by adding Section 29.0881 to read as follows:          Sec. 29.0881.  STRONG FOUNDATIONS GRANT PROGRAM. (a) The   commissioner shall establish and administer a strong foundations   grant program for campuses or a program at a campus serving students   enrolled in prekindergarten through grade five to implement a   rigorous school approach that combines high-quality instruction,   materials, and support structures.          (b)  The commissioner shall adopt components that school   districts, open-enrollment charter schools, and campuses of the   districts or schools must implement under the strong foundations   grant program. The components must include:                (1)  use of high-quality instructional materials,   curricula, and curricular tools;                (2)  use of aligned diagnostic and formative   assessments;                (3)  aligned professional supports;                (4)  practices designed to ensure high-quality   supports for students with disabilities;                (5)  evidence-based practices to increase and maintain   parental engagement; and                (6)  measurement of fidelity of implementation of the   program.          (c)  Grants provided under the strong foundations grant   program may be in the form of funds, in-kind resources, or both.          (d)  The commissioner shall use funds appropriated, federal   funds, and other funds available for the strong foundations grant   program to assist school districts and open-enrollment charter   schools in implementing the program.          (e)  A school district or open-enrollment charter school   that receives grant funds under this section may use the funds to:                (1)  financially support or train or otherwise prepare   educators and other staff; or                (2)  pay for agreements with other entities to provide   prekindergarten services.          (f)  The commissioner may accept gifts, grants, and   donations from any source, including private and nonprofit   organizations, for the program. A private or nonprofit   organization that contributes to the program may receive an award   under Section 7.113.          SECTION 6.  Section 39.025(b-1), Education Code, is amended   to read as follows:          (b-1)  A school district shall provide each student who fails   to perform satisfactorily as determined by the commissioner under   Section 39.0241(a) on an end-of-course assessment instrument with   accelerated instruction under Section 28.0217 in the subject   assessed by the assessment instrument.          SECTION 7.  Section 39.301(c), Education Code, is amended to   read as follows:          (c)  Indicators for reporting purposes must include:                (1)  the percentage of graduating students who meet the   course requirements established by State Board of Education rule   for:                      (A)  the foundation high school program;                      (B)  the distinguished level of achievement under   the foundation high school program; and                      (C)  each endorsement described by Section   28.025(c-1);                (2)  the results of the SAT, ACT, and certified   workforce training programs described by Chapter 311, Labor Code;                (3)  for students who have failed to perform   satisfactorily, under each performance standard under Section   39.0241, on an assessment instrument required under Section   39.023(a) or (c), the performance of those students on subsequent   assessment instruments required under those sections, aggregated   by grade level and subject area;                (4)  for each campus, the number of students,   disaggregated by major student subpopulations, that take courses   under the foundation high school program and take additional   courses to earn an endorsement under Section 28.025(c-1),   disaggregated by type of endorsement;                (5)  the percentage of students, aggregated by grade   level, provided accelerated instruction under Section 28.0211   [28.0211(c)], the results of assessment instruments administered   under that section, [the percentage of students promoted through   the grade placement committee process under Section 28.0211,] the   subject of the assessment instrument on which each student failed   to perform satisfactorily under each performance standard under   Section 39.0241, and the performance of those students in the   subsequent school year [following that promotion] on the assessment   instruments required under Section 39.023;                (6)  the percentage of students of limited English   proficiency exempted from the administration of an assessment   instrument under Sections 39.027(a)(1) and (2);                (7)  the percentage of students in a special education   program under Subchapter A, Chapter 29, assessed through assessment   instruments developed or adopted under Section 39.023(b);                (8)  the percentage of students who satisfy the college   readiness measure;                (9)  the measure of progress toward dual language   proficiency under Section 39.034(b), for students of limited   English proficiency, as defined by Section 29.052;                (10)  the percentage of students who are not   educationally disadvantaged;                (11)  the percentage of students who enroll and begin   instruction at an institution of higher education in the school   year following high school graduation; and                (12)  the percentage of students who successfully   complete the first year of instruction at an institution of higher   education without needing a developmental education course.          SECTION 8.  Section 39A.051(b), Education Code, is amended   to read as follows:          (b)  For a campus described by Subsection (a), the   commissioner, to the extent the commissioner determines necessary,   may:                (1)  order a hearing to be held before the commissioner   or the commissioner's designee at which the president of the board   of trustees of the school district, the district superintendent,   and the campus principal shall appear and explain the campus's low   performance, lack of improvement, and plans for improvement; [or]                (2)  establish a school community partnership team   composed of members of the campus-level planning and   decision-making committee established under Section 11.251 and   additional community representatives as determined appropriate by   the commissioner;                (3)  if applicable under Section 39A.064, require the   school district to comply with all requirements of the strong   foundations grant program under Section 29.0881 for the campus; or                (4)  any combination of the actions described by   Subdivisions (1) through (3).          SECTION 9.  Subchapter B, Chapter 39A, Education Code, is   amended by adding Section 39A.064 to read as follows:          Sec. 39A.064.  STRONG FOUNDATIONS INTERVENTION FOR CERTAIN   CAMPUSES. (a) Notwithstanding Section 39A.0545(b) or any other   law, the commissioner may require a school district or   open-enrollment charter school to comply with all requirements of   the strong foundations grant program under Section 29.0881 at a   campus that:                (1)  includes students at any grade level from   prekindergarten through fifth grade;                (2)  is assigned an overall performance rating of D or   F; and                (3)  is in the bottom five percent of campuses in the   state based on student performance on the grade three reading   assessment administered under Section 39.023(a) during the   previous school year, as determined by the commissioner.          (b)  If funds are appropriated for the purpose, the   commissioner shall award a grant under Section 29.0881 to any   campus required to implement the requirements of the program under   this section.          (c)  The commissioner shall adopt rules to determine whether   a school district or open-enrollment charter school is complying   adequately with the requirements under this section. A district or   school that does not comply adequately shall be subject to other   interventions in accordance with this chapter, including the   appointment of a conservator under Section 39A.102.          SECTION 10.  Subchapter C, Chapter 48, Education Code, is   amended by adding Section 48.1102 to read as follows:          Sec. 48.1102.  ACCELERATED LEARNING AND SUSTAINMENT   OUTCOMES BONUS. (a) For purposes of this section, a student is a:                (1)  successfully accelerated student if the student:                      (A)  performs satisfactorily or better on an   assessment instrument administered under Section 39.023(a); and                      (B)  was administered but did not perform   satisfactorily on the assessment instrument administered under   Section 39.023(a) for the same subject in the student's preceding   grade level; and                (2)  sustained accelerated student if the student:                      (A)  performs at the level determined under   Section 39.0241(a-1) or the equivalent to determine preparedness   for the student's next grade level or better on an assessment   instrument administered under Section 39.023(a);                      (B)  performs satisfactorily or better on the   assessment instrument administered under Section 39.023(a) for the   same subject in the student's preceding grade level; and                      (C)  was administered but did not perform   satisfactorily on the assessment instrument administered under   Section 39.023(a) for the grade level and subject preceding the   assessment described by Paragraph (B).          (b)  For each successfully accelerated student in excess of   the minimum number of students determined for the district or   school under Subsection (d), a school district or open-enrollment   charter school is entitled to the following annual outcomes bonus:                (1)  $500 for each student who is not educationally   disadvantaged; and                (2)  $1,000 for each student who is educationally   disadvantaged.          (c)  For each sustained accelerated student, a school   district or open-enrollment charter school is entitled to the   following annual outcomes bonus:                (1)  $250 for each student who is not educationally   disadvantaged; and                (2)  $500 for each student who is educationally   disadvantaged.          (d)  The commissioner shall establish, using a percentile   determined by the commissioner based on the median performance of   school districts and open-enrollment charter schools on   assessments administered under Section 39.023(a) during the   2017-2018 school year, a threshold percentage of:                (1)  successfully accelerated students who are not   educationally disadvantaged; and                (2)  successfully accelerated students who are   educationally disadvantaged.          (e)  Each year, the commissioner shall determine for each   school district and open-enrollment charter school the minimum   number of successfully accelerated students the district or school   must have in order for the district to achieve the percentage equal   to the threshold percentage established for that group of students   described by Subsection (b).          (f)  The commissioner may modify the threshold percentages   established under Subsection (d) once every five years if the   commissioner determines that substantial improvement in the median   performance of school districts and open-enrollment charter   schools has occurred.           SECTION 11.  Section 51.338(d), Education Code, is amended   to read as follows:          (d)  A student who has demonstrated the performance standard   for college readiness as provided by Section 28.008 on the   postsecondary readiness assessment instruments adopted under   Section 39.0238 for Algebra II and English III, as that section   existed before repeal by H.B. 4545, Acts of the 87th Legislature,   Regular Session, 2021, is exempt from the requirements of this   subchapter with respect to those content areas. The commissioner   of higher education by rule shall establish the period for which an   exemption under this subsection is valid.          SECTION 12.  The following provisions of the Education Code   are repealed:                (1)  Sections 28.0211(b), (d), (e), (i-1), (i-2), (m),   and (m-1);                (2)  Section 39.0231; and                (3)  Section 39.0238.          SECTION 13.  As soon as practicable after the effective date   of this Act, the board of trustees of a school district shall adopt   a policy as required by Section 28.0211(f-3), Education Code, as   added by this Act.          SECTION 14.  This Act applies beginning with the 2021-2022   school year.          SECTION 15.  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, 2021.