Bill Text: TX HB1416 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to accelerated instruction provided to public school students who fail to achieve satisfactory performance on certain assessment instruments.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2023-06-09 - Effective immediately [HB1416 Detail]
Download: Texas-2023-HB1416-Enrolled.html
H.B. No. 1416 |
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relating to accelerated instruction provided to public school | ||
students who fail to achieve satisfactory performance on certain | ||
assessment instruments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 28.0211, Education Code, | ||
is amended to read as follows: | ||
Sec. 28.0211. [ |
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ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT. | ||
SECTION 2. Section 28.0211, Education Code, is amended by | ||
amending Subsections (a), (a-1), (a-4), (a-5), (f), (f-1), (f-2), | ||
(f-3), (g), (h), (i), (j), (k), and (n) and adding Subsections | ||
(a-7), (a-8), (a-9), (a-10), (a-11), (a-12), (a-13), (a-14), (b), | ||
(b-1), (i-1), (l), (q), and (r) to read as follows: | ||
(a) To ensure that each student achieves at least | ||
satisfactory performance on each assessment instrument | ||
administered under Section 39.023, a [ |
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ensure that the district's curricular and instructional systems | ||
provide instruction to all students that: | ||
(1) is consistently aligned with the essential | ||
knowledge and skills for the applicable subject area and grade | ||
level; and | ||
(2) strategically and timely addresses deficiencies | ||
in the prerequisite essential knowledge and skills for the | ||
applicable subject area and grade level [ |
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(a-1) Each time a student fails to perform satisfactorily on | ||
an assessment instrument administered under Section 39.023(a) or | ||
(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or | ||
an end-of-course assessment instrument administered under Section | ||
39.023(c), other than an assessment instrument developed or adopted | ||
based on alternative academic achievement standards, 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, subject to | ||
Subsections (a-7) and (a-8), 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-4) If a district receives funding under Section 29.0881 | ||
or 48.104, the Coronavirus Response and Relief Supplemental | ||
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or the | ||
American Rescue Plan Act of 2021 (Pub. L. No. 117-2), then | ||
supplemental instruction provided by a school district under | ||
Subsection (a-1)(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 [ |
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during the subsequent summer or school year: | ||
(A) to each student for no less than: | ||
(i) 15 hours; or | ||
(ii) 30 hours for a student whose | ||
performance on the applicable assessment instrument was | ||
significantly below satisfactory, as defined by commissioner rule; | ||
and | ||
(B) [ |
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student fully during summer, [ |
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once per week during the school year, except as otherwise provided | ||
by commissioner rule to account for school holidays or shortened | ||
school weeks; | ||
(4) be designed to assist the student in achieving | ||
satisfactory performance in the applicable grade level and subject | ||
area; | ||
(5) include effective instructional materials | ||
designed for supplemental instruction; | ||
(6) be provided to a student individually or in a group | ||
of no more than four [ |
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of each student in the group authorizes a larger group; | ||
(7) be provided by a person with training in the | ||
applicable instructional materials for the supplemental | ||
instruction and under the oversight of the school district; and | ||
(8) to the extent possible, be provided by one person | ||
for the entirety of the student's supplemental instruction period. | ||
(a-5) Each school district shall establish a process | ||
allowing for the parent or guardian of a student who fails to | ||
perform satisfactorily on an assessment instrument specified under | ||
Subsection (a-1) [ |
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that the student be assigned to a particular classroom teacher in | ||
the applicable subject area for the subsequent school year, if more | ||
than one classroom teacher is available. | ||
(a-7) The requirements under Subsection (a-1)(1) or (2) do | ||
not apply to a student who is retained at a grade level for the | ||
school year in which those requirements would otherwise apply. | ||
(a-8) A school district may not be required to provide | ||
supplemental instruction under Subsection (a-1)(2) to a student in | ||
more than two subject areas per school year. If the district would | ||
otherwise be required to provide supplemental instruction to a | ||
student in more than two subject areas for a school year, the | ||
district shall prioritize providing supplemental instruction to | ||
the student in mathematics and reading, or Algebra I, English I, or | ||
English II, as applicable, for that school year. | ||
(a-9) A parent or guardian of a student to whom supplemental | ||
instruction will be provided under Subsection (a-1)(2) and who | ||
either was administered and failed to perform satisfactorily on an | ||
assessment instrument specified under Subsection (a-1) or was | ||
administered a beginning-of-year assessment instrument aligned | ||
with the essential knowledge and skills for the applicable subject | ||
area, including a student to whom Subsection (b) applies, may elect | ||
to modify or remove a requirement for that instruction under | ||
Subsection (a-4) by submitting a written request to an | ||
administrator of the campus at which the student is enrolled. A | ||
school district may not encourage or direct a parent or guardian to | ||
make an election under this subsection that would allow the | ||
district to: | ||
(1) not provide supplemental instruction to the | ||
student; or | ||
(2) provide supplemental instruction in a group larger | ||
than authorized under Subsection (a-4)(6). | ||
(a-10) A school district is not required to provide | ||
accelerated instruction under Subsection (a-1) to a student who, | ||
instead of being administered an assessment instrument specified | ||
under Subsection (a-1), was administered a substitute assessment | ||
instrument in accordance with other law or agency rule authorizing | ||
the use of the substitute assessment instrument for purposes of | ||
satisfying the requirements concerning the applicable assessment | ||
instrument under Subsection (a-1). | ||
(a-11) The agency shall approve one or more products that | ||
use an automated, computerized, or other augmented method for | ||
providing supplemental instruction under Subsection (a-1)(2) that | ||
may be used in lieu of some or all of the individual or group | ||
instruction required under Subsection (a-4)(6), as appropriate for | ||
the applicable grade level and subject area and a student's | ||
academic deficiency. The agency may approve a product under this | ||
subsection only if evidence indicates that the product is more | ||
effective than the individual or group instruction required under | ||
Subsection (a-4)(6). The commissioner shall adopt rules regarding | ||
when a product approved under this subsection may be used and the | ||
requirements under Subsection (a-4) for which the product may be | ||
substituted. | ||
(a-12) For the purpose of providing accelerated instruction | ||
or supplemental instruction under this section, a school district | ||
may use a service provider that is not on a list of service | ||
providers approved by the agency if the district can demonstrate to | ||
the commissioner that use of the service provider results in | ||
measurable improvement in student outcomes. | ||
(a-13) A school district that is required to provide to a | ||
student accelerated instruction under Subsection (a-1) or | ||
supplemental instruction under Subsection (a-1)(2) is not required | ||
to provide additional instruction under either provision to the | ||
student based on the student's failure to perform satisfactorily on | ||
an assessment instrument administered as an optional assessment in | ||
the same subject area in which the district is required to provide | ||
the student the accelerated or supplemental instruction. | ||
(a-14) A school district shall provide to the parent or | ||
guardian of a student who fails to perform satisfactorily on an | ||
assessment instrument specified under Subsection (a-1) notice that | ||
the student is not performing on grade level in the applicable | ||
subject area. Notwithstanding Subsection (h), the district must | ||
provide the notice at a parent-teacher conference or, if the | ||
district is unable to provide the notice at a parent-teacher | ||
conference, by another means. The agency shall develop and provide | ||
to school districts a model notice in plain language for use under | ||
this section. | ||
(b) For each student who does not perform satisfactorily on | ||
an assessment instrument specified under Subsection (a-1) for two | ||
or more consecutive school years in the same subject area, the | ||
school district the student attends shall develop an accelerated | ||
education plan as described by Subsection (f). | ||
(b-1) A school district shall make a good faith attempt to | ||
provide to the parent or guardian of a student to whom Subsection | ||
(b) applies a parent-teacher conference with the student's primary | ||
teacher at the start and end of the subsequent school year. At the | ||
conference, the district shall provide the student's parent or | ||
guardian with: | ||
(1) the notice required under Subsection (a-14); and | ||
(2) an explanation of: | ||
(A) the accelerated instruction to which the | ||
student is entitled under this section; and | ||
(B) the accelerated education plan that must be | ||
developed for the student under Subsection (f) and the manner in | ||
which the parent or guardian may participate in developing the | ||
plan. | ||
(f) Not [ |
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school year, a school district shall develop an accelerated | ||
education [ |
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Subsection (b) applies that provides the necessary accelerated | ||
instruction to enable the student to perform at the appropriate | ||
grade or course level by the conclusion of the school year. The | ||
plan: | ||
(1) must: | ||
(A) identify the reason the student did not | ||
perform satisfactorily on the applicable assessment instrument | ||
specified under Subsection (a-1); and | ||
(B) notwithstanding Subsection (a-4)(3)(A), | ||
require the student to be provided with no less than 30 hours, or a | ||
greater number of hours if appropriate, of supplemental instruction | ||
under Subsection (a-4) for each consecutive school year in which | ||
the student does not perform satisfactorily on the assessment | ||
instrument in the applicable subject area specified under | ||
Subsection (a-1); and | ||
(2) may require that, as appropriate to ensure the | ||
student performs satisfactorily on the assessment instrument in the | ||
applicable subject area specified under Subsection (a-1) at the | ||
next administration of the assessment instrument: | ||
(A) the district expand the times in which | ||
supplemental instruction under Subsection (a-4) is available to the | ||
student; | ||
(B) the student be assigned for the school year | ||
to a specific teacher who is better able to provide accelerated | ||
instruction; and | ||
(C) the district provide any necessary | ||
additional resources to the student. | ||
(f-1) The accelerated education [ |
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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 | ||
accelerated education plan developed under Subsection (f). [ |
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(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 accelerated education [ |
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developed under Subsection (f). | ||
(g) This section does not preclude the retention at a grade | ||
level, in accordance with state law or school district policy, of a | ||
student who performs satisfactorily on an assessment instrument | ||
specified under Subsection (a-1) [ |
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(h) In each instance under this section in which a school | ||
district is specifically required to provide notice or a written | ||
copy to a parent or guardian of a student, the district shall make a | ||
good faith effort to ensure that such notice or copy is provided | ||
either in person or by regular mail and that the notice or copy is | ||
clear and easy to understand and is written in English or the parent | ||
or guardian's native language. | ||
(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-1) shall, at the student's next annual review | ||
meeting, review the student's participation and progress in, as | ||
applicable, accelerated instruction provided under Subsection (a), | ||
supplemental instruction provided under Subsection (a-1)(2), or an | ||
accelerated education plan developed under Subsection (f). The | ||
student's parent may request, or the district may schedule, an | ||
additional committee meeting if a committee member believes that | ||
the student's individualized education program needs to be modified | ||
based on the requirements under this section. If the district | ||
refuses to convene a committee meeting requested by the student's | ||
parent under this subsection, the district shall provide the parent | ||
with written notice explaining the reason the district refuses to | ||
convene the meeting [ |
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(i-1) If a student who attends school in a homebound or | ||
other off-campus instructional arrangement, including at a | ||
residential treatment campus or state hospital, is unable to | ||
participate in an accelerated instruction program required under | ||
this section due to the student's condition, the school district | ||
may determine that the student be provided the accelerated | ||
instruction when the student attends school in an on-campus | ||
instructional setting. If the student's condition prevents the | ||
student from attending school in an on-campus instructional setting | ||
for the school year during which the accelerated instruction is | ||
required to be provided to the student, the district is not required | ||
to provide the accelerated instruction to the student for that | ||
school year. | ||
(j) A school district or open-enrollment charter school | ||
shall provide students required to attend accelerated programs | ||
under this section with transportation to those programs if the | ||
programs occur outside of regular school hours, unless the district | ||
or school does not operate, or contract or agree with another entity | ||
to operate, a transportation system. | ||
(k) The commissioner may adopt rules as necessary to | ||
implement this section, including rules for required reporting | ||
necessary to support student transfers. | ||
(l) The agency shall monitor and evaluate the effectiveness | ||
of the accelerated instruction required under this section. | ||
(n) Except as requested under Subsection (a-5) or provided | ||
by Subsection (n-1), a student for whom an accelerated education | ||
plan must be developed [ |
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accelerated education plan, [ |
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state and federal qualifications to teach that subject and grade. | ||
(q) The commissioner may waive the requirements under this | ||
section regarding accelerated instruction for a school district for | ||
each school year in which at least 60 percent of the students who | ||
received accelerated instruction during the school year | ||
immediately preceding the previous school year, including at least | ||
60 percent of students whose performance on the applicable | ||
assessment instrument was significantly below satisfactory, as | ||
defined by commissioner rule, performed satisfactorily in the | ||
previous school year on the assessment instrument in each subject | ||
in which the student previously failed to perform satisfactorily. | ||
For purposes of determining whether a school district qualifies for | ||
a waiver under this subsection, the commissioner shall: | ||
(1) if a student received accelerated instruction in | ||
more than one subject during the applicable school year, consider | ||
the student's performance on the assessment instrument in each | ||
subject separately from the student's performance on the assessment | ||
instrument for each other subject; and | ||
(2) by rule provide that a school district may not | ||
qualify for a waiver if students who are receiving special | ||
education services or are educationally disadvantaged are | ||
overrepresented among the students in the district who received | ||
accelerated instruction during the school year immediately | ||
preceding the previous school year and did not perform | ||
satisfactorily in the previous school year on the assessment | ||
instrument in each applicable subject. | ||
(r) Not later than the beginning of each school year, the | ||
commissioner shall publish a list of school districts that qualify | ||
for a waiver under Subsection (q). | ||
SECTION 3. Section 29.0881(e), Education Code, is amended | ||
to read as follows: | ||
(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; | ||
(2) pay for agreements with other entities to provide | ||
prekindergarten services; or | ||
(3) pay for accelerated instruction provided under | ||
Section 28.0211 [ |
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SECTION 4. 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 28.0211 [ |
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subject assessed by the assessment instrument. | ||
SECTION 5. The following provisions of the Education Code | ||
are repealed: | ||
(1) Sections 28.0211(c), (f-4), and (f-5); and | ||
(2) Section 28.0217. | ||
SECTION 6. The changes in law made by this Act to Section | ||
28.0211, Education Code, apply beginning with assessment | ||
instruments administered during the 2023 spring semester. | ||
SECTION 7. The repeal by this Act of Section 28.0217, | ||
Education Code, applies beginning with the 2023-2024 school year. | ||
SECTION 8. (a) Notwithstanding any other section of this | ||
Act, in a state fiscal year, the Texas Education Agency is not | ||
required to implement a provision found in another section of this | ||
Act that is drafted as a mandatory provision imposing a duty on the | ||
agency to take an action unless money is specifically appropriated | ||
to the agency for that fiscal year to carry out that duty. The Texas | ||
Education Agency may implement the provision in that fiscal year to | ||
the extent other funding is available to the agency to do so. | ||
(b) If, as authorized by Subsection (a) of this section, the | ||
Texas Education Agency does not implement the mandatory provision | ||
in a state fiscal year, the agency, in its legislative budget | ||
request for the next state fiscal biennium, shall certify that fact | ||
to the Legislative Budget Board and include a written estimate of | ||
the costs of implementing the provision in each year of that next | ||
state fiscal biennium. | ||
(c) This section and the suspension of the Texas Education | ||
Agency's duty to implement a mandatory provision of this Act, as | ||
provided by Subsection (a) of this section, expires and the duty to | ||
implement the mandatory provision resumes on September 1, 2027. | ||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1416 was passed by the House on April | ||
20, 2023, by the following vote: Yeas 144, Nays 1, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1416 on May 19, 2023, by the following vote: Yeas 141, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1416 was passed by the Senate, with | ||
amendments, on May 16, 2023, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |