88R4198 KJE-F
	By: Paxton	S.B. No. 1261

	A BILL TO BE ENTITLED
	AN ACT
	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.  [ACCELERATED LEARNING COMMITTEE;]
	ACCELERATED INSTRUCTION; MODIFIED TEACHER ASSIGNMENT.
	SECTION 2.  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), and (n) and adding Subsections (a-7),
	(a-8), (a-9), (a-10), (b), (i-1), and (i-2) 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)  The requirements under Subsection (a-1) 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 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 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
	method under this subsection only if evidence indicates that the
	method is more effective than the individual or group instruction
	required under Subsection (a-4)(6). 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 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 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 tutoring 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 student's medical condition, 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 medical 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 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.
	(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.
	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 [or 28.0217].
	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 [28.0217] in the
	subject assessed by the assessment instrument.
	SECTION 5.  The following provisions of the Education Code
	are repealed:
	(1)  Sections 28.0211(c), (f-4), (f-5), (o), and (p);
	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.  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.