Bill Text: TX HB2005 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to providing accelerated instruction and eliminating certain requirements for public school grade-level promotion that are based on satisfactory performance on state assessment instruments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-05 - Referred to Public Education [HB2005 Detail]

Download: Texas-2019-HB2005-Introduced.html
  86R1467 CAE-F
 
  By: Leach H.B. No. 2005
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing accelerated instruction and eliminating
  certain requirements for public school grade-level promotion that
  are based on satisfactory performance on state 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 [SATISFACTORY
  PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
  INSTRUCTION.
         SECTION 2.  Section 28.0211, Education Code, is amended by
  amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)
  and adding Subsections (f-1) and (f-2) to read as follows:
         (a)  A 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)  [Except as provided by Subsection (b) or (e), a
  student may not be promoted to:
               [(1)     the sixth grade program to which the student
  would otherwise be assigned if the student does not perform
  satisfactorily on] the fifth grade mathematics or [and] reading
  assessment instrument [instruments] under Section 39.023; or
               (3) [(2)     the ninth grade program to which the student
  would otherwise be assigned if the student does not perform
  satisfactorily on] the eighth grade mathematics or [and] reading
  assessment instrument [instruments] under Section 39.023.
         (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 provide
  to the student accelerated instruction in the applicable subject
  area. Accelerated instruction may require participation of the
  student before or after normal school hours, [and] may include
  participation at times of the year outside normal school
  operations, and may be provided to the student during the
  subsequent school year.
         (a-3)  The commissioner shall provide guidelines to
  districts on research-based best practices and effective
  strategies that a district may use in developing an accelerated
  instruction program. The commissioner may provide to districts
  available resources concerning research-based best practices and
  effective strategies that a district may use in developing an
  accelerated instruction program.
         (c)  [Each time a student fails to perform satisfactorily on
  an assessment instrument specified under Subsection (a), the school
  district in which the student attends school shall provide to the
  student accelerated instruction in the applicable subject area,
  including reading instruction for a student who fails to perform
  satisfactorily on a reading assessment instrument.] After a
  student fails to perform satisfactorily on an assessment instrument
  specified under Subsection (a) [a second time], an accelerated
  learning [a grade placement] committee shall be established [to
  prescribe the accelerated instruction the district shall provide to
  the student before the student is administered the assessment
  instrument the third time]. The accelerated learning [grade
  placement] committee shall be composed of the principal or the
  principal's designee, the student's parent or guardian, and the
  teacher of the subject of an assessment instrument on which the
  student failed to perform satisfactorily. The district shall
  notify the parent or guardian of the time and place for convening
  the accelerated learning [grade placement] committee and the
  purpose of the committee. [An accelerated instruction group
  administered by a school district under this section may not have a
  ratio of more than 10 students for each teacher.]
         (f)  An accelerated learning [A school district shall
  provide to a student who, after three attempts, has failed to
  perform satisfactorily on an assessment instrument specified under
  Subsection (a) accelerated instruction during the next school year
  as prescribed by an educational plan developed for the student by
  the student's grade placement] committee described by [established
  under] Subsection (c) shall:
               (1)  develop an educational plan for the student that
  provides the necessary accelerated instruction for the student to
  achieve appropriate grade level performance; and
               (2)  provide other assistance to the student in
  accordance with a policy adopted by the district board of trustees
  prescribing the role of accelerated learning committees in that
  district. [The district shall provide that accelerated instruction
  regardless of whether the student has been promoted or retained.]
         (f-1)  The educational plan developed under Subsection
  (f)(1) must be designed to enable the student to perform at the
  appropriate grade level by the conclusion of the subsequent school
  year. During the school year, the student shall be monitored to
  ensure that the student is progressing in accordance with the plan.
  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-2)  If a student who fails to perform satisfactorily on an
  assessment instrument specified under Subsection (a) fails in the
  subsequent school year to perform satisfactorily on an assessment
  instrument in the same subject, the superintendent of the district
  or the superintendent's designee shall meet with the student's
  accelerated learning committee to:
               (1)  identify the reason the student did not perform
  satisfactorily; and
               (2)  determine, in order to ensure the student performs
  satisfactorily on the assessment instrument at the next opportunity
  for the student to be administered the assessment instrument,
  whether:
                     (A)  the educational plan developed for the
  student under Subsection (f) must be modified to provide the
  necessary accelerated instruction for that student; and
                     (B)  any additional resources are required for
  that student.
         (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 before the student is administered the assessment instrument
  for the second time. The committee shall determine[:
               [(1)]  the manner in which the student will participate
  in an accelerated instruction program under this section[; and
               [(2)     whether the student will be promoted in
  accordance with Subsection (i-1) or retained under this section].
         (k)  The commissioner shall adopt rules as necessary to
  implement this section[, including rules concerning when school
  districts shall administer assessment instruments required under
  this section and which administration of the assessment instruments
  will be used for purposes of Section 39.054].
         (n)  A student who fails to perform satisfactorily on an
  assessment instrument specified under Subsection (a) and is
  promoted to the next grade level [by a grade placement committee
  under this section] must be assigned at that next grade level in
  each subject in which the student failed to perform satisfactorily
  on an assessment instrument specified under Subsection (a) to a
  teacher who meets all state and federal qualifications to teach
  that subject and grade.
         SECTION 3.  Section 39.301(c), Education Code, is amended to
  read as follows:
         (c)  Indicators for reporting purposes must include:
               (1)  the percentage of graduating students who meet the
  course requirements established by State Board of Education rule
  for:
                     (A)  the foundation high school program;
                     (B)  the distinguished level of achievement under
  the foundation high school program; and
                     (C)  each endorsement described by Section
  28.025(c-1);
               (2)  the results of the SAT, ACT, and certified
  workforce training programs described by Chapter 311, Labor Code;
               (3)  for students who have failed to perform
  satisfactorily, under each performance standard under Section
  39.0241, on an assessment instrument required under Section
  39.023(a) or (c), the performance of those students on subsequent
  assessment instruments required under those sections, aggregated
  by grade level and subject area;
               (4)  for each campus, the number of students,
  disaggregated by major student subpopulations, that take courses
  under the foundation high school program and take additional
  courses to earn an endorsement under Section 28.025(c-1),
  disaggregated by type of endorsement;
               (5)  the percentage of students, aggregated by grade
  level, provided accelerated instruction under Section 28.0211
  [28.0211(c)], the results of assessment instruments administered
  under that section, [the percentage of students promoted through
  the grade placement committee process under Section 28.0211,] the
  subject of the assessment instrument on which each student failed
  to perform satisfactorily under each performance standard under
  Section 39.0241, and the performance of those students in the
  subsequent school year [following that promotion] on the assessment
  instruments required under Section 39.023;
               (6)  the percentage of students of limited English
  proficiency exempted from the administration of an assessment
  instrument under Sections 39.027(a)(1) and (2);
               (7)  the percentage of students in a special education
  program under Subchapter A, Chapter 29, assessed through assessment
  instruments developed or adopted under Section 39.023(b);
               (8)  the percentage of students who satisfy the college
  readiness measure;
               (9)  the measure of progress toward dual language
  proficiency under Section 39.034(b), for students of limited
  English proficiency, as defined by Section 29.052;
               (10)  the percentage of students who are not
  educationally disadvantaged;
               (11)  the percentage of students who enroll and begin
  instruction at an institution of higher education in the school
  year following high school graduation; and
               (12)  the percentage of students who successfully
  complete the first year of instruction at an institution of higher
  education without needing a developmental education course.
         SECTION 4.  Sections 28.0211(a-2), (b), (d), (e), (i-1), and
  (i-2), Education Code, are repealed.
         SECTION 5.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 6.  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, 2019.
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