Bill Text: TX HB2162 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to reading instruction, assessment instruments, and interventions provided to public school students.
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Engrossed - Dead) 2023-05-18 - Left pending in committee [HB2162 Detail]
Download: Texas-2023-HB2162-Comm_Sub.html
Bill Title: Relating to reading instruction, assessment instruments, and interventions provided to public school students.
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Engrossed - Dead) 2023-05-18 - Left pending in committee [HB2162 Detail]
Download: Texas-2023-HB2162-Comm_Sub.html
88R22094 JES-F | |||
By: Dutton | H.B. No. 2162 | ||
Substitute the following for H.B. No. 2162: | |||
By: Buckley | C.S.H.B. No. 2162 |
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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. 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 2. Section 28.006, Education Code, is amended by | ||
amending Subsections (a), (b), (c-1), (c-3), (d), and (j) and | ||
adding Subsections (a-1), (b-2), (b-3), (g-3), (g-4), (g-5), and | ||
(g-6) to read as follows: | ||
(a) The commissioner shall adopt procedures [ |
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schools for: | ||
(1) administering reading instruments to: | ||
(A) ensure the validity and reliability of the | ||
results of the reading instruments; | ||
(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 list of reading | ||
instruments that a school district or open-enrollment charter | ||
school shall [ |
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comprehension for students in kindergarten through grade three. | ||
The reading instrument 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 tool | ||
that includes a reading instrument and tests at least three | ||
developmental skills, including 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. [ |
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Each reading instrument adopted by the commissioner [ |
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(1) be based on scientific research concerning reading | ||
skills development and reading comprehension; | ||
(2) [ |
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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 a year; | ||
(6) assess only the foundational literacy components | ||
not already mastered by the student; and | ||
(7) determine if a student needs reading instruction | ||
intervention. | ||
(b-2) In adopting a reading instrument under this section, | ||
the commissioner shall prioritize selecting an instrument that: | ||
(1) minimizes the impact of administration of the | ||
instrument on instructional time; | ||
(2) provides timely reporting of results; and | ||
(3) is able to be integrated into reading instruction. | ||
(b-3) The commissioner shall adopt a process for soliciting | ||
new reading instruments and updating the list of adopted reading | ||
instruments, including multidimensional assessment tools, for | ||
kindergarten through grade three under Subsection (b) at least once | ||
every four years. | ||
(c-1) Each school district shall administer at the | ||
beginning of the seventh grade a reading instrument 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 shall administer the | ||
reading instrument in accordance with the commissioner's | ||
recommendations for administering reading instruments that | ||
diagnose student reading development and comprehension [ |
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(c-3) The commissioner by rule shall determine the | ||
performance on each applicable [ |
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under Subsection (b) that indicates kindergarten readiness. | ||
(d) The superintendent of each school district or the person | ||
who serves the function of superintendent in each open-enrollment | ||
charter school shall: | ||
(1) report [ |
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to: | ||
(A) the board of trustees of a school district; | ||
or | ||
(B) the governing body of an open-enrollment | ||
charter school, as defined by Section 12.1012(3); | ||
(2) not later than the 30th [ |
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the date on which a reading instrument was administered report, in | ||
writing, to a student's parent or guardian the student's results on | ||
the instrument and any additional information required by the | ||
agency; and | ||
(3) report to the agency any information required by | ||
the agency, including the results of the reading instrument and | ||
[ |
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[ |
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(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) [ |
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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. [ |
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SECTION 3. 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 4. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0063 to read as follows: | ||
Sec. 28.0063. PRIVATE READING INSTRUCTION FOR CERTAIN | ||
STUDENTS. (a) A school district or open-enrollment charter school | ||
shall make available a tutoring service provider to address a | ||
student's reading deficiency. The district or school must make the | ||
service provider available to a parent or guardian of a student who | ||
is determined to need reading intervention using an assessment | ||
administered under Section 28.006 on each of the reading | ||
assessments administered for two consecutive school years. The | ||
cost to a district or school for making available the tutoring | ||
service provider under this subsection may not exceed $1,000. | ||
(b) A parent or guardian of a student described by | ||
Subsection (a) may select a tutoring service provider from a list of | ||
high-quality providers approved by the agency to address the | ||
student's reading deficiency. The district or school shall | ||
contract directly with that service provider to pay the lesser of | ||
the cost of the service or $1,000 to provide tutoring services to | ||
the student. 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 | ||
that provides a tutoring service to a student under this section | ||
shall continue to provide the student any other reading support | ||
required of the district or school. | ||
(d) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 5. 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 [ |
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instruments administered as provided by Section 28.006 [ |
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(3) the number of students who were administered a | ||
diagnostic reading instrument administered as provided by Section | ||
28.006 [ |
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(4) the number of students whose scores from a | ||
diagnostic reading instrument administered as provided by Section | ||
28.006 [ |
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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 [ |
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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 6. Sections 28.006(c), (c-2), (i), and (k), | ||
Education Code, are repealed. | ||
SECTION 7. This Act 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. |