Bill Text: TX HB233 | 2021 | 87th Legislature 2nd Special Session | Comm Sub

Bill Title: Relating to providing accelerated instruction for public school students who fail to achieve satisfactory performance on certain assessment instruments.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2021-09-02 - Received from the House [HB233 Detail]

Download: Texas-2021-HB233-Comm_Sub.html
  87S21503 MEW-D
  By: Huberty H.B. No. 233
  Substitute the following for H.B. No. 233:
  By:  Dutton C.S.H.B. No. 233
  relating to providing accelerated instruction for public school
  students who fail to achieve satisfactory performance on certain
  assessment instruments.
         SECTION 1.  Section 28.0211, Education Code, as amended by
  H.B. No. 4545, Acts of the 87th Legislature, Regular Session, 2021,
  is amended by amending Subsections (a-1), (a-4), and (f-4) and
  adding Subsections (a-7) and (q) to read as follows:
         (a-1)  Each time a student fails to perform satisfactorily on
  a mathematics or reading [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 during the subsequent summer or
  school year 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-4)  If a district receives funding under Section 29.0881,
  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
               (2)  be provided in addition to instruction normally
  provided to students in the grade level in which the student is
               (3)  be provided for no less than 30 total hours during
  the subsequent summer or school year and, unless the instruction is
  provided fully during summer, include instruction no less than 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
               (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)  Notwithstanding Subsection (a-4)(6), for the
  2021-2022 school year, the board of trustees of a school district
  may adopt a resolution authorizing supplemental instruction under
  Subsection (a-1)(2) to be provided in a group of no more than 10
  students without authorization from the parent or guardian of each
  student in the group.  This subsection expires September 1, 2022.
         (f-4)  If a student who fails to perform satisfactorily on an
  assessment instrument specified under Subsection (a) fails on two
  consecutive attempts [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
  administration of 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.
         (q)  The commissioner may provide a waiver of the
  requirements under this section regarding accelerated learning
  committees and accelerated instruction 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 2.  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.