Bill Text: TX HB131 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to providing accelerated instruction for certain public school students, a substitute teacher grant program, the calculation of average daily attendance of public school students, and an accelerated learning and sustainment allotment under the foundation school program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-30 - Filed [HB131 Detail]
Download: Texas-2021-HB131-Introduced.html
87S30102 MEW-D | ||
By: Huberty | H.B. No. 131 |
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relating to providing accelerated instruction for certain public | ||
school students, a substitute teacher grant program, the | ||
calculation of average daily attendance of public school students, | ||
and an accelerated learning and sustainment allotment under the | ||
foundation school program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.0211, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (b) to read as | ||
follows: | ||
(a) A school district shall ensure that curricular and | ||
instructional systems established by the district provide | ||
instruction to all students that: | ||
(1) is consistently aligned with grade-level | ||
essential knowledge and skills; and | ||
(2) strategically and timely addresses deficiencies | ||
in prerequisite essential knowledge and skills required for each | ||
grade level. | ||
(b) A school district shall establish an accelerated | ||
learning committee described by Subsection (b-1) [ |
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student who does not perform satisfactorily on: | ||
(1) the third grade mathematics or reading assessment | ||
instrument under Section 39.023; or | ||
(2) the fourth, fifth, sixth, seventh, or eighth grade | ||
mathematics or reading assessment instrument under Section 39.023 | ||
in the school year following a school year in which the student did | ||
not perform satisfactorily in the same subject on the assessment | ||
instrument[ |
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[ |
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SECTION 2. Section 28.0211, Education Code, is amended by | ||
amending Subsections (a-1), (a-4), and (a-5) and adding Subsections | ||
(a-7), (a-8), and (a-9) to read as follows: | ||
(a-1) Each time a student fails to perform satisfactorily on | ||
an assessment instrument administered under Section 39.023(a) in | ||
the third, fourth, fifth, sixth, seventh, or eighth grade, the | ||
school district in which the student attends school shall: | ||
(1) provide to the student accelerated instruction in | ||
the applicable subject area during the subsequent summer or school | ||
year; | ||
(2) provide the student's parent or guardian the | ||
option under Subsection (a-5) to request that the student be | ||
assigned to a particular classroom teacher; and | ||
(3) either: | ||
(A) [ |
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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 | ||
(B) [ |
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instruction under Subsection (a-4). | ||
(a-4) If a district receives funding under Section 29.0881, | ||
48.104, or 48.1102, 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)(3)(B) [ |
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(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: | ||
(A) to each student for no less than 15 [ |
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hours for that school year; | ||
(B) for an average of no less than 30 hours per | ||
student for all students receiving supplemental instruction that | ||
school year; | ||
(C) during the subsequent summer or school year; | ||
and | ||
(D) [ |
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student fully during summer, [ |
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once per week during the school year; | ||
(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) A parent or guardian of a student who is provided | ||
supplemental instruction under Subsection (a-1)(3)(B) by the | ||
school district may decrease or remove a requirement of the | ||
supplemental instruction provided under Subsection (a-4) for the | ||
student by submitting a written request to the district. A district | ||
may not encourage or otherwise direct a parent or guardian to act | ||
under this subsection in a manner that allows the district to avoid | ||
providing the student with the benefit of supplemental instruction. | ||
(a-8) If a student in a homebound or other off-campus | ||
instructional arrangement is unable to participate in an | ||
accelerated instruction program due to the nature of the student's | ||
medical condition, the student's admission, review, and dismissal | ||
committee, if the student receives special education services under | ||
Subchapter A, Chapter 29, or the committee established for the | ||
student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. | ||
Section 794), if the student does not receive special education | ||
services under Subchapter A, Chapter 29, may determine that the | ||
student will be provided the accelerated instruction when the | ||
student returns to campus from the homebound or other off-campus | ||
setting. If the student's medical condition prevents the student | ||
from returning to campus during the current school year, the school | ||
district is not required to provide the accelerated instruction to | ||
the student during the subsequent school year. | ||
(a-9) For a student retained at a grade level in which the | ||
student's performance requires the school district to provide | ||
accelerated instruction under Subsection (a-1), the requirements | ||
for supplemental instruction described by Subsection (a-4) do not | ||
apply to any supplemental instruction provided to that student. | ||
SECTION 3. Section 28.0211(c), Education Code, is | ||
redesignated as Sections 28.0211(b-1) and (b-2), Education Code, | ||
and amended to read as follows: | ||
(b-1) [ |
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on an assessment instrument as described by [ |
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Subsection (b) [ |
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established. The accelerated learning committee shall be composed | ||
of at least: | ||
(1) the principal or the principal's designee from the | ||
campus at which the student most recently failed to perform | ||
satisfactorily and, if different, the campus at which the student | ||
will be provided accelerated instruction; | ||
(2) [ |
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(3) [ |
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assessment instrument for [ |
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required an accelerated learning committee to be established under | ||
Subsection (b); | ||
(4) the student's teacher of each subject described by | ||
Subdivision (3) for the following school year; and | ||
(5) a representative of the district authorized to | ||
ensure necessary supports and resources to implement an accelerated | ||
instruction program [ |
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(b-2) The district shall notify the parent or guardian of | ||
the time and place for convening the accelerated learning committee | ||
and the purpose of the committee. | ||
SECTION 4. Sections 28.0211(f), (f-4), (i), and (j), | ||
Education Code, are redesignated as Sections 28.0211(b-3), (b-4), | ||
(b-5), and (b-6), Education Code, and amended to read as follows: | ||
(b-3) [ |
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Subsection (b-1) [ |
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subsequent school year, develop an educational plan for the student | ||
that provides the necessary accelerated instruction to enable the | ||
student to perform at the appropriate grade level by the conclusion | ||
of the school year. | ||
(b-4) In developing the student's educational plan under | ||
Subsection (b-3), [ |
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[ |
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(1) identify the reason the student did not perform | ||
satisfactorily; and | ||
(2) [ |
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performs satisfactorily on the assessment instrument at the next | ||
administration of the assessment instrument, consider [ |
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(A) increasing the number of hours of | ||
supplemental instruction provided to the student beyond the minimum | ||
number of hours required under Subsection (a-4)(3), including up to | ||
45 hours or more during the school year [ |
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[ |
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(B) lowering the student-to-instructor ratio for | ||
supplemental instruction below the maximum group size permitted | ||
under Subsection (a-4)(6), including providing the supplemental | ||
instruction to a student individually; | ||
(C) expanding the scheduled availability of | ||
supplemental instruction during the summer, during regular school | ||
hours, and before or after regular school hours; | ||
(D) assigning the student to a specific teacher | ||
for the subsequent school year who is better able to provide | ||
accelerated instruction; and | ||
(E) providing any additional resources [ |
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required for that student. | ||
(b-5) [ |
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of a student who participates in a district's special education | ||
program under Subchapter A, Chapter 29, and for whom an accelerated | ||
learning committee is required to be established [ |
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under Subsection [ |
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(b) shall serve as the student's accelerated learning committee and | ||
must meet to determine the manner in which the student will | ||
participate in an accelerated instruction program under this | ||
section. | ||
(b-6) [ |
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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 or an agent of the district or school does not | ||
operate a district or school transportation system. | ||
SECTION 5. Sections 28.0211(f-1), (f-2), and (f-3), | ||
Education Code, are redesignated as Sections 28.0211(c), (c-1), and | ||
(c-2), Education Code, and amended to read as follows: | ||
(c) [ |
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[ |
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the student's parent or guardian. | ||
(c-1) [ |
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monitored to ensure that the student is progressing in accordance | ||
with the plan developed under Subsection (b-3) [ |
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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. | ||
(c-2) [ |
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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 educational plan developed under | ||
Subsection (b-3) [ |
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SECTION 6. Section 28.0211, Education Code, is amended by | ||
adding Subsection (c-3) to read as follows: | ||
(c-3) The accelerated instruction plan developed by a | ||
student's admission, review, and dismissal committee under | ||
Subsection (b-5) is not 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 a student's individualized education | ||
program. A parent of a student with an individualized education | ||
program who intends to contest the content or implementation of the | ||
plan must follow the grievance policy adopted under Subsection | ||
(c-2). | ||
SECTION 7. Sections 28.0211(g), (n), and (n-1), Education | ||
Code, are redesignated as Sections 28.0211(d), (d-1), and (d-2), | ||
Education Code, and amended to read as follows: | ||
(d) [ |
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grade level, in accordance with state law or school district | ||
policy, of a student who performs satisfactorily on an assessment | ||
instrument specified under this section [ |
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(d-1) [ |
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(d-2) [ |
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satisfactorily on an assessment instrument, as described by | ||
Subsection (b), [ |
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the next grade level must be assigned in the subsequent school year | ||
in each subject in which the student failed to perform | ||
satisfactorily on an assessment instrument, as described by | ||
Subsection (b), [ |
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appropriately certified teacher who meets all state and federal | ||
qualifications to teach that subject and grade. | ||
(d-2) [ |
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notwithstanding any other law, the commissioner may waive the | ||
requirement under Subsection (d-1) [ |
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of a student to an appropriately certified classroom teacher on the | ||
request of a school district. | ||
SECTION 8. Section 28.0211(h), Education Code, is | ||
redesignated as Section 28.0211(e), Education Code, and amended to | ||
read as follows: | ||
(e) [ |
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school district is specifically required to provide notice or a | ||
written copy of a record to a parent or guardian of a student, the | ||
district shall make a good faith effort to ensure that such notice | ||
or written copy is provided either in person or by regular mail and | ||
that the notice or written copy is clear and easy to understand and | ||
is written in English or the parent or guardian's native language. | ||
SECTION 9. Section 28.0211, Education Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The commissioner may provide a waiver of the | ||
requirements under this section 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 preceding | ||
the previous school year performed satisfactorily in the subsequent | ||
school year on the assessment instrument in each subject in which | ||
the student previously failed to perform satisfactorily. 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 10. Sections 28.0211(k) and (l-1), Education Code, | ||
are redesignated as Sections 28.0211(g) and (g-1), Education Code, | ||
to read as follows: | ||
(g) [ |
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implement this section. | ||
(g-1) [ |
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school district that receives federal funding under Title I of the | ||
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section | ||
6301 et seq.) to use that funding to provide supplemental | ||
educational services under 20 U.S.C. Section 6316 in conjunction | ||
with the accelerated instruction provided under this section, | ||
provided that the rules may not conflict with federal law governing | ||
the use of that funding. | ||
SECTION 11. Section 28.0211, Education Code, is amended by | ||
adding Subsections (h), (h-1), and (h-2) to read as follows: | ||
(h) Notwithstanding Subsection (a-1), the requirement to | ||
provide accelerated instruction to a student under Subsection (a-1) | ||
applies only to a student who fails to perform satisfactorily on: | ||
(1) for the 2021-2022 and 2022-2023 school years, an | ||
assessment instrument under Section 39.023 in mathematics or | ||
reading; and | ||
(2) for the 2023-2024 school year, an assessment | ||
instrument under Section 39.023 in mathematics, reading, or social | ||
studies. | ||
(h-1) Notwithstanding Subsection (a-4)(6), by an | ||
affirmative vote of the board of trustees of a school district, | ||
supplemental instruction may be provided to a student individually | ||
or, without the authorization of the parent or guardian of each | ||
student in the group, in a group of not more than: | ||
(1) 10 students for the 2021-2022 school year; and | ||
(2) seven students for the 2022-2023 school year. | ||
(h-2) This subsection and Subsections (h) and (h-1) expire | ||
September 1, 2024. | ||
SECTION 12. Subchapter Z, Chapter 29, Education Code, is | ||
amended by adding Section 29.935 to read as follows: | ||
Sec. 29.935. SUBSTITUTE TEACHER GRANT PROGRAM. (a) Using | ||
funds appropriated for the purpose, to address acute substitute | ||
teacher shortages, the agency shall provide grants to school | ||
districts and open-enrollment charter schools to offset the costs | ||
of increasing pay for substitute teachers in an amount not to exceed | ||
50 percent of the rate of pay offered to substitute teachers by the | ||
district or school during the preceding school year. | ||
(b) The agency shall ensure that school districts and | ||
open-enrollment charter schools receiving grants under Subsection | ||
(a) provide matching funds in an amount equal to the amount of grant | ||
funds received. | ||
SECTION 13. Section 48.005, Education Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) Notwithstanding the limit on the number of | ||
instructional days for which an adjustment may be provided under | ||
Subsection (d), the commissioner may provide an adjustment to the | ||
average daily attendance of a school district for the 2021-2022 | ||
school year based on the continuing COVID-19 pandemic. This | ||
subsection expires September 1, 2023. | ||
SECTION 14. Effective September 1, 2022, Subchapter C, | ||
Chapter 48, Education Code, is amended by adding Section 48.1102 to | ||
read as follows: | ||
Sec. 48.1102. ACCELERATED LEARNING AND SUSTAINMENT | ||
ALLOTMENT. (a) For purposes of this section, a student is a: | ||
(1) successfully accelerated student if, in the | ||
preceding school year, the student: | ||
(A) performs satisfactorily or better on an | ||
assessment instrument administered under Section 39.023(a); and | ||
(B) was administered but did not perform | ||
satisfactorily on the assessment instrument administered under | ||
Section 39.023(a) for the same subject in the student's preceding | ||
grade level; and | ||
(2) sustained accelerated student if, in the preceding | ||
school year, the student: | ||
(A) performs at the level determined under | ||
Section 39.0241(a-1) or the equivalent to determine preparedness | ||
for the student's next grade level or better on an assessment | ||
instrument administered under Section 39.023(a); | ||
(B) performs satisfactorily or better on the | ||
assessment instrument administered under Section 39.023(a) for the | ||
same subject in the student's preceding grade level; and | ||
(C) was administered but did not perform | ||
satisfactorily on the assessment instrument administered under | ||
Section 39.023(a) for the grade level and subject preceding the | ||
assessment described by Paragraph (B). | ||
(b) For each successfully accelerated student in the | ||
preceding school year in excess of the minimum number of students | ||
determined for the district or school under Subsection (d), a | ||
school district or open-enrollment charter school is entitled to | ||
the following annual allotment: | ||
(1) $500 for each student who is not educationally | ||
disadvantaged; and | ||
(2) $1,000 for each student who is educationally | ||
disadvantaged. | ||
(c) For each sustained accelerated student in the preceding | ||
school year, a school district or open-enrollment charter school is | ||
entitled to the following annual allotment: | ||
(1) $250 for each student who is not educationally | ||
disadvantaged; and | ||
(2) $500 for each student who is educationally | ||
disadvantaged. | ||
(d) The commissioner shall establish, using a percentile | ||
determined by the commissioner based on the median performance of | ||
school districts and open-enrollment charter schools on | ||
assessments administered under Section 39.023(a) during the | ||
2017-2018 school year, a threshold percentage of: | ||
(1) successfully accelerated students who are not | ||
educationally disadvantaged; and | ||
(2) successfully accelerated students who are | ||
educationally disadvantaged. | ||
(e) Each year, the commissioner shall determine for each | ||
school district and open-enrollment charter school the minimum | ||
number of successfully accelerated students the district or school | ||
must have in order for the district or school to achieve the | ||
percentage equal to the threshold percentage established for the | ||
group of students described by Subsection (b). | ||
(f) The commissioner may modify the threshold percentages | ||
established under Subsection (d) once every five years if the | ||
commissioner determines that substantial improvement in the median | ||
performance of school districts and open-enrollment charter | ||
schools has occurred. | ||
SECTION 15. Sections 28.0211(f-5), (o), and (p), Education | ||
Code, are repealed. | ||
SECTION 16. Section 28.0211, Education Code, as amended by | ||
this Act, applies to accelerated instruction provided on or after | ||
the effective date of this Act, including accelerated instruction | ||
provided during the 2021-2022 school year. | ||
SECTION 17. Except as otherwise provided by this Act, 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 on the | ||
91st day after the last day of the legislative session. |