Bill Text: TX HB2721 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to accelerated and supplemental instruction provided to public school students who fail to achieve satisfactory performance on certain assessment instruments and access to criminal history record information for certain tutors providing that instruction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Public Education [HB2721 Detail]

Download: Texas-2023-HB2721-Introduced.html

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88R7914 KJE-D
By: Dutton H.B. No. 2721

A BILL TO BE ENTITLED
AN ACT
relating to accelerated and supplemental instruction provided to
public school students who fail to achieve satisfactory performance
on certain assessment instruments and access to criminal history
record information for certain tutors providing that instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.010(c), Education Code, is amended to
read as follows:
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results;
(4) receipt of special education services, including
placement in a special education program and the individualized
education program developed; and
(5) personal graduation plan as described by Section
[28.0212 or] 28.02121[, as applicable].
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and 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 instruments and accelerated reading
instruction programs under Section 28.006;
(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;
(P) [(Q)] bullying prevention policies and
procedures under Section 37.0832;
(Q) [(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;
(R) [(S)] the right under Section 37.0151 to
report to local law enforcement certain conduct constituting
assault or harassment;
(S) [(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);
(T) [(U)] establishment of residency under
Section 25.001;
(U) [(V)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
37.1141, 37.115, 37.207, and 37.2071;
(V) [(W)] the early childhood literacy and
mathematics proficiency plans under Section 11.185;
(W) [(X)] the college, career, and military
readiness plans under Section 11.186; and
(X) parental options to retain a student under
Section 28.02124.
SECTION 3. Section 12.111(b), Education Code, is amended to
read as follows:
(b) A charter holder of an open-enrollment charter school
shall consider including in the school's charter a requirement that
the school develop and administer personal graduation plans under
Section [Sections 28.0212 and] 28.02121.
SECTION 4. Section 22.0825(b), Education Code, is amended
to read as follows:
(b) The agency shall subscribe to the criminal history
clearinghouse as provided by Section 411.0845, Government Code, and
may obtain from any law enforcement or criminal justice agency all
criminal history record information and all records contained in
any closed criminal investigation file that relate to:
(1) a specific applicant for employment or current or
former employee of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement; or
(2) an individual who provides accelerated or
supplemental instruction services under Section 28.0211 as a tutor
on behalf of a service provider.
SECTION 5. The heading to Section 22.0833, Education Code,
is amended to read as follows:
Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF NONCERTIFIED EMPLOYEES AND CERTAIN SERVICE PROVIDERS.
SECTION 6. Section 22.0833(a), Education Code, is amended
to read as follows:
(a) This section applies to a person who is not an applicant
for or holder of a certificate under Subchapter B, Chapter 21, and
who on or after January 1, 2008:
(1) [,] is offered employment by:
(A) [(1)] a school district or open-enrollment
charter school; or
(B) [(2)] a shared services arrangement, if the
employee's or applicant's duties are or will be performed on school
property or at another location where students are regularly
present; or
(2) provides accelerated or supplemental instruction
services under Section 28.0211 as a tutor on behalf of a service
provider with whom a school district, open-enrollment charter
school, or shared services arrangement contracts.
SECTION 7. Section 22.0834(a-1), Education Code, is amended
to read as follows:
(a-1) This section does not apply to a contracting entity,
subcontracting entity, or other person subject to Section
22.0833(a)(2) or 22.08341.
SECTION 8. Section 22.085, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A school district, open-enrollment charter school, or
shared services arrangement may not allow a person [who is an
employee of or applicant for employment by an entity that contracts
with the district, school, or shared services arrangement] to serve
at the district or school or for the shared services arrangement if:
(1) the person is:
(A) an employee of or applicant for employment by
an entity that contracts with the district, school, or shared
services arrangement; or
(B) an individual who provides accelerated or
supplemental instruction services under Section 28.0211 as a tutor
on behalf of a service provider with whom the district, school, or
shared services arrangement contracts; and
(2) the district, school, or shared services
arrangement obtains information described by Subsection (a)
through a criminal history record information review concerning the
person [employee or applicant].
(c-1) A school district, open-enrollment charter school, or
shared services arrangement must ensure that an entity that the
district, school, or shared services arrangement contracts with for
services has obtained all criminal history record information as
required by Section 22.0834 or 22.08341.
SECTION 9. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) service providers approved by the agency under
Section 28.0211(m) for the purpose of vetting individuals to
provide accelerated or supplemental instruction services as tutors
under that section; and
(4) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913.
SECTION 10. The heading to Section 22.093, Education Code,
is amended to read as follows:
Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE OR CERTAIN
SERVICE PROVIDER MISCONDUCT.
SECTION 11. Sections 22.093(b), (c), (d), (e), (f), (g),
(j), and (k), Education Code, are amended to read as follows:
(b) This section applies to a person who:
(1) is employed by a school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
and [who] does not hold a certification or permit issued under
Subchapter B, Chapter 21; or
(2) provides accelerated or supplemental instruction
services under Section 28.0211 as a tutor on behalf of a service
provider with whom a school district, open-enrollment charter
school, or shared services arrangement contracts.
(c) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement shall notify the commissioner if:
(1) a person's [an employee's] employment or
contracted services at the school district, district of innovation,
charter school, other charter entity, service center, or shared
services arrangement were [was] terminated and there is evidence
that the person [employee]:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor;
or
(2) the person [employee] resigned or discontinued
contracted services and there is evidence that the person
[employee] engaged in misconduct described by Subdivision (1).
(d) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall complete an investigation of a person
[an employee] that involves evidence that the person [employee] may
have engaged in misconduct described by Subsection (c)(1)(A) or
(B), despite the person's [employee's] resignation from employment
or discontinuance of contracted services before completion of the
investigation.
(e) The principal of a school district, district of
innovation, open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
school district, district of innovation, charter school, or other
charter entity not later than the seventh business day after the
date of a person's [an employee's] termination of employment, [or]
resignation, or discontinuance of contracted services following an
alleged incident of misconduct described by Subsection (c)(1)(A) or
(B).
(f) The superintendent or director must notify the
commissioner by filing a report with the commissioner not later
than the seventh business day after the date the superintendent or
director receives a report from a principal under Subsection (e) or
knew about a person's [an employee's] termination of employment,
[or] resignation, or discontinuance of contracted services
following an alleged incident of misconduct described by Subsection
(c)(1)(A) or (B). The report must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
(g) The superintendent or director shall notify the board of
trustees or governing body of the school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
and the person [employee] of the filing of the report required by
Subsection (f).
(j) The name of a student or minor who is the victim of abuse
or unlawful conduct by a person [an employee] must be included in a
report filed under this section, but the name of the student or
minor is not public information under Chapter 552, Government Code.
(k) A superintendent or director required to file a report
under Subsection (f) commits an offense if the superintendent or
director fails to file the report by the date required by that
subsection with intent to conceal a person's [an employee's]
criminal record or alleged incident of misconduct. A principal
required to notify a superintendent or director about a person's
[an employee's] alleged incident of misconduct under Subsection (e)
commits an offense if the principal fails to provide the notice by
the date required by that subsection with intent to conceal a
person's [an employee's] alleged incident of misconduct. An
offense under this subsection is a state jail felony.
SECTION 12. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [ACCELERATED LEARNING COMMITTEE;]
ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
SECTION 13. Section 28.0211, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (f), (f-1),
(f-2), (f-3), (h), (i), (j), (k), and (n) and adding Subsections
(a-7), (a-8), (a-9), (a-10), (b), (i-1), (i-2), (m), and (q) 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) the fifth grade mathematics or reading assessment
instrument under Section 39.023; or
[(3) the eighth grade mathematics or reading
assessment instrument under Section 39.023.
[(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
on an end-of-course 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 during the subsequent summer or school
year.
(a-1) Subject to Subsection (a-7), each time a student fails
to perform satisfactorily on an assessment instrument specified
under Subsection (a) that is a mathematics or reading assessment
instrument or the English I, English II, or Algebra I end-of-course
assessment instrument, the school district in which the student
attends school shall [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) [(a-1)] may require participation
of the student before or after normal school hours.
(a-3) In providing accelerated instruction under Subsection
(a) [(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) 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 [for no less than 30 total hours]
during the subsequent summer or school year:
(A) to each student for no less than 15 hours;
(B) for an average of no less than 30 hours per
student for all students receiving supplemental instruction; and
(C) [,] unless the instruction is provided to a
student fully during summer, [include instruction] no less than
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 [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-7) A school district is not required to provide
supplemental instruction under Subsection (a-1)(2) to a student who
is retained at a grade level for the school year in which that
provision would otherwise apply.
(a-8) 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 described by Subsection (a) or was
administered a beginning-of-year assessment instrument aligned
with the essential knowledge and skills for the applicable subject
area may elect to reduce or remove a requirement for that
instruction under Subsection (a-4) by submitting a written request
to the school district. 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 not provide
supplemental instruction to the student.
(a-9) The agency shall approve an automated or computerized
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 method
under this subsection only if evidence indicates that the method is
as effective as or more effective than the individual or group
instruction required under Subsection (a-4)(6) and the method
provides individualized and immediate tutoring support to students
as necessary. The commissioner shall adopt rules regarding when a
method approved under this subsection may be used and the
requirements under Subsection (a-4) for which the method may be
substituted.
(a-10) A school district that is required to provide to a
student accelerated instruction under Subsection (a) or
supplemental instruction under Subsection (a-1)(2) is not required
to provide additional instruction under either subsection 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.
(b) For each student who does not perform satisfactorily on
an assessment instrument described by Subsection (a-1) for two or
more consecutive school years, the school district the student
attends shall develop an accelerated education plan as described by
Subsection (f).
(f) Not [An accelerated learning committee described by
Subsection (c) shall, not] later than the start of the subsequent
school year, a school district shall develop an accelerated
education [educational] plan for each [the] student to whom
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
described by Subsection (a-1); and
(B) notwithstanding Subsections (a-4)(3)(A) and
(B), 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 described by
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 described by Subsection (a-1) at the next
administration of the assessment instrument:
(A) notwithstanding Subsection (a-4)(6), the
student be provided supplemental instruction under Subsection
(a-4) individually or in a group of fewer than four students;
(B) the district expand the times in which
supplemental instruction under Subsection (a-4) is available to the
student;
(C) the student be assigned for the school year
to a specific teacher who is better able to provide accelerated
instruction; and
(D) the district provide any necessary
additional resources to the student.
(f-1) The accelerated education [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
accelerated education 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 accelerated education [educational] plan
developed under Subsection (f).
(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 or e-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) [and administered under Section 39.023(a) or (b)]
must [meet to] determine the manner in which the student will
participate in an accelerated instruction program under this
section. For a student for whom the committee determines
participation in the required model for supplemental instruction
under Subsection (a-4) is not appropriate, the committee must
review the student's individualized education plan and adjust the
plan as appropriate to target the areas in which the student did not
perform satisfactorily on the assessment instrument.
(i-1) If a student who attends school in a homebound or
other off-campus instructional arrangement is unable to
participate in an accelerated instruction program required under
this section due to the nature of the student's circumstance, the
student's admission, review, and dismissal committee or committee
established under Section 504, Rehabilitation Act of 1973 (29
U.S.C. Section 794), as applicable, may determine that the student
may be provided the accelerated instruction when the student
attends school in an on-campus instructional setting. If the
student's circumstance 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 school district is not required to provide the
accelerated instruction to the student for that school year.
(i-2) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A, Chapter 29, and for whom an accelerated
education plan is required under Subsection (b) shall develop the
accelerated education plan for the student and must determine the
manner in which the student will participate in an accelerated
instruction program under this section. To the extent consistent
with federal law, the accelerated education plan may not be
considered to be part of the student's individualized education
program and is not subject to the requirements of Section 29.005 or
20 U.S.C. Section 1414(d) relating to the development of an
individualized education program. A parent or guardian of a
student for whom an accelerated education plan is developed under
this subsection may contest the content or implementation of the
plan only through the grievance procedure adopted under Subsection
(f-3).
(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.
(m) The agency shall establish and maintain a list of
service providers approved by the agency to provide accelerated or
supplemental instruction services under this section. Section
44.031(a) does not apply to a contract entered into by a school
district with an approved service provider for accelerated or
supplemental instruction services 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 [who fails to perform satisfactorily on an
assessment instrument specified] under Subsection (b) [(a) and is
promoted to the next grade level] must be assigned, in each [the
subsequent] school year and [in each] subject covered by the
accelerated education plan, [in which the student failed to perform
satisfactorily on an assessment instrument specified under
Subsection (a)] to an appropriately certified teacher who meets all
state and federal qualifications to teach that subject and grade.
(q) The commissioner may waive the requirements under this
section for a school year for a school district in which at least 60
percent of the district's students to whom accelerated instruction
was required to be provided under Subsection (a) during the school
year immediately before the preceding school year performed
satisfactorily in the preceding school year on the assessment
instrument described by Subsection (a) in each subject area in
which the district was required to provide accelerated instruction.
Not later than the beginning of each school year, the commissioner
shall publish a list of school districts that qualify for a waiver
under this subsection.
SECTION 14. 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 [or 28.0217].
SECTION 15. 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 [28.0217] in the
subject assessed by the assessment instrument.
SECTION 16. Section 39.235(b), Education Code, is amended
to read as follows:
(b) Before awarding a grant under this section, the
commissioner may require a campus or school district to:
(1) obtain local matching funds; or
(2) meet other conditions, including developing a
personal graduation plan under Section [28.0212 or] 28.02121[, as
applicable,] for each student enrolled at the campus or in a
district [middle, junior high, or] high school.
SECTION 17. Section 411.0901(a), Government Code, is
amended to read as follows:
(a) The Texas Education Agency is entitled to obtain
criminal history record information maintained by the department
about a person who:
(1) is employed or is an applicant for employment by a
school district or open-enrollment charter school;
(2) is employed or is an applicant for employment by a
shared services arrangement, if the employee's or applicant's
duties are or will be performed on school property or at another
location where students are regularly present; [or]
(3) is employed or is an applicant for employment by an
entity that contracts with a school district, open-enrollment
charter school, or shared services arrangement if:
(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
(B) the employee or applicant has or will have
direct contact with students; or
(4) provides accelerated or supplemental instruction
services under Section 28.0211 as a tutor on behalf of a service
provider.
SECTION 18. Section 411.097(a), Government Code, is amended
to read as follows:
(a) A school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared services arrangement, or an entity
that contracts to provide services to a school district, charter
school, or shared services arrangement, is entitled to obtain from
the department criminal history record information maintained by
the department that the district, school, service center, shared
services arrangement, or entity is required or authorized to obtain
under Subchapter C, Chapter 22, Education Code, that relates to a
person who [is]:
(1) is an applicant for employment by the district,
school, service center, or shared services arrangement;
(2) is an employee of or an applicant for employment
with a public or commercial transportation company that contracts
with the district, school, service center, or shared services
arrangement to provide transportation services if the employee
drives or the applicant will drive a bus in which students are
transported or is employed or is seeking employment as a bus monitor
or bus aide on a bus in which students are transported; [or]
(3) is an employee of or applicant for employment by
an entity that contracts to provide services to a school district,
charter school, or shared services arrangement as provided by
Section 22.0834 or 22.08341, Education Code; or
(4) provides accelerated or supplemental instruction
services under Section 28.0211 as a tutor on behalf of a service
provider with whom the district, school, service center, or shared
services arrangement contracts.
SECTION 19. The following provisions of the Education Code
are repealed:
(1) Sections 28.0211(c), (f-4), (f-5), (o), and (p);
and
(2) Sections 28.0212, 28.0213, and 28.0217.
SECTION 20. 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 21. The repeal by this Act of Sections 28.0212,
28.0213, and 28.0217, Education Code, applies beginning with the
2023-2024 school year.
SECTION 22. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 23. 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.