Bill Text: TX SB2295 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to accelerated instruction provided for public school students who fail to achieve satisfactory performance on certain assessment instruments, indicators under the public school accountability system, and performance standards in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Education [SB2295 Detail]
Download: Texas-2023-SB2295-Introduced.html
88R14461 AMF-D | ||
By: West | S.B. No. 2295 |
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relating to accelerated instruction provided for public school | ||
students who fail to achieve satisfactory performance on certain | ||
assessment instruments, indicators under the public school | ||
accountability system, and performance standards in public | ||
schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.0211, Education Code, is amended by | ||
amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (c), (f), | ||
(f-4), and (o) and adding Subsection (a-7) to read as follows: | ||
(a) Except as provided by Subsection (a-7), each [ |
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on a mathematics or reading [ |
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under Section 39.023(a) in the third, fourth, fifth, sixth, or | ||
seventh[ |
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student attends school shall provide to the student, during the | ||
subsequent summer or school year, accelerated instruction in the | ||
applicable subject area that includes instruction in the essential | ||
knowledge and skills the student must master to perform | ||
satisfactorily on the subsequent assessment instrument for the | ||
applicable subject area [ |
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(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-1) A school district is only required to provide | ||
supplemental instruction under this section if state or federal | ||
funds are provided or made available for the purpose, including by | ||
appropriation, under Section 29.0881, under the Coronavirus | ||
Response and Relief Supplemental Appropriations Act, 2021 (Div. M, | ||
Pub. L. No. 116-260), or under the American Rescue Plan Act of 2021 | ||
(Pub. L. No. 117-2). | ||
(a-2) Accelerated instruction provided during the following | ||
school year under Subsection (a) [ |
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(1) require participation of the student before or | ||
after normal school hours; and | ||
(2) be provided during instructional periods in the | ||
school day designated for supplemental instruction in the | ||
foundation curriculum and enrichment curriculum adopted under | ||
Section 28.002 for the grade level in which the student is enrolled. | ||
(a-3) In providing accelerated instruction under Subsection | ||
(a) [ |
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circumstances for which a student enrolled in the same grade level | ||
who is not receiving accelerated instruction would be removed, | ||
from: | ||
(1) core 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, | ||
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) [ |
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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 according to a schedule the district | ||
determines is most effective for the student [ |
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(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 five [ |
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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-7) A school district may not provide accelerated | ||
instruction under this section to a student if the student's parent | ||
or guardian submits a written request to exempt the student from the | ||
instruction. | ||
(c) An accelerated learning committee shall be established | ||
after [ |
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assessment instrument specified under Subsection (a) in two | ||
consecutive school years, an accelerated learning committee shall | ||
be established. The accelerated learning 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 | ||
committee and the purpose of the committee. | ||
(f) An accelerated learning committee described by | ||
Subsection (c) shall, not later than the 30th day after the first | ||
day of the [ |
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committee is required to be established, 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. | ||
(f-4) If a student for whom an accelerated learning | ||
committee has been established under Subsection (c) [ |
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perform satisfactorily on an assessment instrument [ |
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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. | ||
(o) This section does not require the administration of a | ||
fifth [ |
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reading [ |
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in the fifth [ |
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for students above the student's grade level and will be | ||
administered an assessment instrument adopted or developed under | ||
Section 39.023(a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
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SECTION 2. 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 [ |
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SECTION 3. Section 39.053, Education Code, is amended by | ||
adding Subsection (a-2) to read as follows: | ||
(a-2) The indicators adopted by the commissioner under | ||
Subsection (a) must: | ||
(1) for kindergarten through grade eight, include | ||
indicators that: | ||
(A) are not based on the results of an assessment | ||
instrument; and | ||
(B) comprehensively account for factors | ||
affecting the quality of learning and achievement in those grades; | ||
(2) for grades 9 through 12, include indicators that | ||
are designed to encourage alignment of education to career | ||
readiness; and | ||
(3) include indicators for evaluating schools | ||
according to a school's success in equitably educating students | ||
across all campuses and achieving similar student outcomes for all | ||
students. | ||
SECTION 4. Section 39.054, Education Code, is amended by | ||
amending Subsections (a), (a-4), (a-5), and (b) and adding | ||
Subsection (f) to read as follows: | ||
(a) Except as provided by Subsection (a-4), the | ||
commissioner shall adopt rules to evaluate school district and | ||
campus performance and assign each district and campus [ |
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each domain under Section 39.053(c). A [ |
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performance rating of A reflects exemplary performance. A [ |
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performance. A [ |
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reflects acceptable performance. A [ |
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performance rating of D reflects performance that needs | ||
improvement. A [ |
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reflects unacceptable performance. A district may not receive a | ||
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includes any campus with a corresponding [ |
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performance rating of D or F. If a school district has been | ||
approved under Section 39.0544 to assign campus performance ratings | ||
and the commissioner has not assigned a campus a domain [ |
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performance rating of D or F, the commissioner shall assign the | ||
campus a domain [ |
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district assigned performance rating under Section 39.0544. | ||
(a-4) Notwithstanding any other law, the commissioner may | ||
assign a school district or campus a domain [ |
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performance rating of "Not Rated" if the commissioner determines | ||
that the assignment of a performance rating of A, B, C, D, or F would | ||
be inappropriate because: | ||
(1) the district or campus is located in an area that | ||
is subject to a declaration of a state of disaster under Chapter | ||
418, Government Code, and due to the disaster, performance | ||
indicators for the district or campus are difficult to measure or | ||
evaluate and would not accurately reflect quality of learning and | ||
achievement for the district or campus; | ||
(2) the district or campus has experienced breaches or | ||
other failures in data integrity to the extent that accurate | ||
analysis of data regarding performance indicators is not possible; | ||
(3) the number of students enrolled in the district or | ||
campus is insufficient to accurately evaluate the performance of | ||
the district or campus; or | ||
(4) for other reasons outside the control of the | ||
district or campus, the performance indicators would not accurately | ||
reflect quality of learning and achievement for the district or | ||
campus. | ||
(a-5) Notwithstanding any other law, a domain [ |
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performance rating of "Not Rated" is not included in calculating | ||
consecutive school years of unacceptable performance ratings and is | ||
not considered a break in consecutive school years of unacceptable | ||
performance ratings for purposes of any provision of this code. | ||
(b) For purposes of assigning school districts and campuses | ||
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the commissioner shall ensure that the method used to evaluate | ||
performance is implemented in a manner that provides the | ||
mathematical possibility that all districts and campuses receive an | ||
A rating. | ||
(f) For purposes of a provision of this title, a reference | ||
to the overall performance rating of a district or campus means: | ||
(1) for a school year before the 2023-2024 school | ||
year, the overall performance rating assigned for the district or | ||
campus for that year under this section as it existed before | ||
amendment by Chapter ____ (_.B. No. ____), Acts of the 88th | ||
Legislature, Regular Session, 2023; and | ||
(2) for the 2023-2024 school year and each subsequent | ||
school year, the highest of the three domain performance ratings | ||
assigned to the district or campus under this section for that | ||
school year. | ||
SECTION 5. Sections 39.0544(a) and (e), Education Code, are | ||
amended to read as follows: | ||
(a) The commissioner shall adopt rules regarding the | ||
assignment of campus performance ratings by school districts and | ||
open-enrollment charter schools. The rules: | ||
(1) must require a district or school [ |
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(A) domain performance ratings assigned by the | ||
commissioner under Section 39.054; and | ||
(B) performance ratings based on locally | ||
developed domains or sets of accountability measures; | ||
(2) [ |
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[ |
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or set of accountability measures: | ||
(A) contains levels of performance that allow for | ||
differentiation, with assigned standards for achieving the | ||
differentiated levels; | ||
(B) provides for the assignment of a letter grade | ||
of A, B, C, D, or F; and | ||
(C) meets standards for reliability and | ||
validity; | ||
(3) [ |
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accountability measures be capable of being audited by a third | ||
party; | ||
(4) [ |
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produce a campus score card that may be displayed on the agency's | ||
website; and | ||
(5) [ |
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develop and make available to the public an explanation of the | ||
methodology used to assign performance ratings under this section. | ||
(e) A school district or open-enrollment charter school | ||
authorized under this section to assign campus performance ratings | ||
shall evaluate the performance of each campus as provided by this | ||
section and assign each campus a performance rating of A, B, C, D, | ||
or F [ |
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domain or set of accountability measures. Not later than a date | ||
established by the commissioner, the district or school shall: | ||
(1) report the performance ratings to the agency; and | ||
(2) make the performance ratings available to the | ||
public as provided by commissioner rule. | ||
SECTION 6. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 28.0217; | ||
(2) Section 39.025(b-1); and | ||
(3) Sections 39.054(a-1) and (a-2). | ||
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. |