By: Dutton, Jetton, et al. H.B. No. 2162       A BILL TO BE ENTITLED   AN ACT   relating to reading instruction, assessment instruments, and   interventions provided to public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Literacy Act.          SECTION 2.  Section 21.044, Education Code, is amended by   adding Subsection (h) to read as follows:          (h)  An educator preparation program may not include   instruction in using the reading instruction method of   three-cueing, as defined by Section 28.0062(a-1).          SECTION 3.  Section 28.006, Education Code, is amended by   amending Subsections (a), (b), (c), (c-1), (c-2), (c-3), and (j)   and adding Subsections (a-1), (b-2), (b-3), (b-4), (d-1), (g-3),   (g-4), (g-5), (g-6), (n), and (o) to read as follows:          (a)  The commissioner shall adopt procedures [develop   recommendations] for school districts and open-enrollment charter   schools for:                (1)  administering reading instruments to:                      (A)  ensure the results of the reading instruments   are valid, reliable, and equated;                      (B)  diagnose student reading development and   comprehension; and                      (C)  identify students at risk for dyslexia or   other reading difficulties;                (2)  training educators in administering the reading   instruments; and                (3)  applying the results of the reading instruments to   the instructional program and intervention practices.          (a-1)  A school district or open-enrollment charter school   may not administer a reading instrument to a student more than three   times during a school year.          (b)  The commissioner shall adopt a comprehensive list of   reading instruments that a school district or open-enrollment   charter school shall select from for [may] use in diagnosing [to   diagnose student] reading development and comprehension for   students who are enrolled in kindergarten through third grade. A   reading instrument included on the commissioner's list must include   the foundational literacy components of phonemic and phonological   awareness, phonics, vocabulary, fluency, and comprehension. For   use in diagnosing the reading development and comprehension of   kindergarten students, the commissioner shall adopt [a]   multidimensional assessment tools [tool] that include [includes a]   reading instruments that test [instrument and tests] at least three   developmental skills, including the foundational literacy   components. A multidimensional assessment tool administered as   provided by this subsection is considered to be a reading   instrument for purposes of this section.  A school district or   open-enrollment charter school [district-level committee   established under Subchapter F, Chapter 11,] may use other [adopt a   list of] reading instruments, subject to Subsection (b-4), [for use   in the district in a grade level other than kindergarten] in   addition to the reading instruments included on the commissioner's   list.  Each reading instrument included on the list adopted by the   commissioner or administered by a school district or   open-enrollment charter school [or a district-level committee]   must:                (1)  be based on scientific research concerning reading   skills development and reading comprehension;                (2)  [.  A list of reading instruments adopted under   this subsection must] provide for diagnosing the reading   development and comprehension of students participating in a   program under Subchapter B, Chapter 29;                (3)  provide progress monitoring capabilities;                (4)  provide a diagnostic tool to assist teachers in   developing research-based targeted instruction;                (5)  allow screening of students three times each   school year;                (6)  assess only foundational literacy components not   already mastered by the student; and                (7)  assess whether a student needs reading instruction   intervention.          (b-2)  The commissioner shall include on the commissioner's   list any reading instrument that is:                (1)  based on scientific research concerning reading   skills development and reading comprehension; and                (2)  submitted for inclusion on the list under   Subsection (b-4).          (b-3)  The commissioner shall update the list of reading   instruments at least once every four years, including   multidimensional assessment tools authorized under this section.          (b-4)  A school district or open-enrollment charter school   that uses one or more reading instruments not included on the   commissioner's list in accordance with Subsection (b) must submit   the instrument to the commissioner to verify the instrument   satisfies the requirements of this section. The commissioner shall   place on the commissioner's list a reading instrument that   satisfies the requirements of this section.          (c)  Each school district and open-enrollment charter school   shall administer, at the first and second grade levels, a reading   instrument that is based on scientific research concerning reading   skills development and reading comprehension included on the list   adopted by the commissioner [or by the district-level   committee].  The district or school shall administer the reading   instrument in accordance with the commissioner's recommendations   under Subsection (a)(1).          (c-1)  Each school district and open-enrollment charter   school shall administer at the beginning of the seventh grade a   reading instrument included on the list adopted by the commissioner   to each student whose performance on the assessment instrument in   reading administered under Section 39.023(a) to the student in   grade six did not demonstrate reading proficiency, as determined by   the commissioner.  The district or school shall administer the   reading instrument in accordance with the commissioner's policies   adopted [recommendations] under Subsection (a)(1).          (c-2)  Each school district and open-enrollment charter   school shall administer at the kindergarten level a reading   instrument included on the list adopted by the commissioner [under   Subsection (b) or approved by the commissioner under Subsection   (b-1)].  The district or school shall administer the reading   instrument in accordance with the commissioner's policies adopted   [recommendations] under Subsection (a)(1).          (c-3)  The commissioner by rule shall determine the   performance on a [the] reading instrument adopted under Subsection   (b) that indicates kindergarten readiness.          (d-1)  The commissioner shall prominently display on the   agency's Internet website information regarding the commissioner's   list of reading instruments maintained under this section and the   process for applying for inclusion on the list, as provided by   agency rule adopted under Subsection (n).          (g-3)  A school district or open-enrollment charter school   shall provide reading intervention to each student in kindergarten   through grade three who is determined to need reading intervention   using an assessment administered in accordance with Subsection (b).     The school district shall continue to offer a student reading   intervention until the student achieves satisfactory performance   on a reading instrument.  A reading intervention program offered   under this subsection must:                (1)  include targeted instruction to improve the   student's reading skills in the relevant areas identified through   the assessment instrument;                (2)  monitor the progress of the student's reading   skills throughout the school year;                (3)  be implemented during regular school hours and in   addition to core instruction;                (4)  use high-quality instructional materials,   curricula, and curricular tools that are research based and   effective for early childhood literacy intervention; and                (5)  be provided by a teacher who has attended a   literacy achievement academy provided under Section 21.4552.          (g-4)  In providing reading intervention under Subsection   (g-3), a school district or open-enrollment charter school may not   remove a student, except under circumstances for which a student   enrolled in the same grade level who is not receiving reading   intervention 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.          (g-5)  In addition to the report required under Subsection   (d)(2), a school district or open-enrollment charter school shall   notify the parent or guardian of each student in kindergarten   through grade three who is determined to need reading intervention.     The notification must:                (1)  be distributed not later than the 30th day after   the date the result of the reading instrument indicating that the   student needs intervention is available;                (2)  describe the current reading services the district   or school provides to the student;                (3)  describe the reading interventions that will be   provided to the student to ensure the student will meet or exceed   grade-level reading standards; and                (4)  include high-quality resources for the parent or   guardian of the student to use at home to help the student succeed   at reading.          (g-6)  From funds appropriated for teacher literacy   achievement academies developed under Section 21.4552, the   commissioner may, in collaboration with regional education service   centers, provide assistance to school districts and   open-enrollment charter schools in complying with the requirements   of Section 28.0062. The commissioner shall prioritize providing   assistance under this subsection in school districts with the   highest rate of students performing below satisfactory levels on   reading instruments administered under Subsection (b).          (j)  [No more than 15 percent of the funds certified by the   commissioner under Subsection (i) may be spent on indirect costs.]     The commissioner shall evaluate the programs that fail to meet the   standard of performance under Section 39.301(c)(5) and may   implement interventions or sanctions under Chapter 39A.  [The   commissioner may audit the expenditures of funds appropriated for   purposes of this section.  The use of the funds appropriated for   purposes of this section shall be verified as part of the district   audit under Section 44.008.]          (n)  The agency by rule shall provide a process under which a   school district or open-enrollment charter school may submit an   application for inclusion of a reading instrument on the   commissioner's list of reading instruments maintained under this   section.          (o)  The agency may not use data collected from a reading   instrument administered under this section in evaluating the   performance of a school district or campus under Section 39.054.          SECTION 4.  Section 28.0062, Education Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  In this subsection, "three-cueing" means any model,   including the model referred to as meaning, structure, and visual   cues (MSV), of teaching a student to read based on meaning,   structure and syntax, and visual cues or memory. A school district   or open-enrollment charter school may not include any instruction   that incorporates three-cueing in the foundational skills reading   curriculum for kindergarten through third grade.          SECTION 5.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0063 to read as follows:          Sec. 28.0063.  SUPPLEMENTAL READING INSTRUCTION FOR CERTAIN   STUDENTS. (a) A school district or open-enrollment charter school   shall make available supplemental instruction described by Section   28.0211(a-4) to address a student's reading deficiency if the   student's results on both of the reading assessments administered   under Section 28.006 in two consecutive school years indicate the   student needs reading intervention.          (b)  A parent or guardian of a student described by   Subsection (a) may select a tutor from a list of high-quality tutors   approved by the agency or by the school district or open-enrollment   charter school the student attends to provide the supplemental   instruction required under Subsection (a). The district or school   shall contract directly with the tutor selected, who may be a   classroom teacher employed at the district or school. A classroom   teacher selected as a student's tutor is entitled to supplemental   pay from the district or school. The district or school may not   provide money under this subsection directly to a parent or   guardian of a student.          (c)  A school district or open-enrollment charter school   shall submit to the agency the district's or school's list of   high-quality tutors and publish the list on the district's or   school's Internet website.          (d)  A school district or open-enrollment charter school   that provides a tutor to a student under this section shall continue   to provide the student any other reading support required of the   district or school by federal or state law.          SECTION 6.  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 any [the] diagnostic reading   instruments administered as provided by Section 28.006 [in   accordance with Section 28.006(c) or (c-2)];                (3)  the number of students who were administered a   diagnostic reading instrument administered as provided by Section   28.006 [in accordance with Section 28.006(c) or (c-2)];                (4)  the number of students whose scores from a   diagnostic reading instrument administered as provided by Section   28.006 [in accordance with Section 28.006(c) or (c-2)] indicate   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 7.  Section 28.006(b-1), Education Code, is   repealed.          SECTION 8.  This Act applies beginning with the 2023-2024   school year.          SECTION 9.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.