SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES

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SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES

Authorities: 34 CFR Part 300; Texas Education Code; 19 TAC Chapter 74, 89

	FEDERAL AND STATE REQUIREMENTS
Practice	Supplementary aids and services, special education, and related services must be based on peer-reviewed research to the extent practicable. Citations: 300.320(a)(4)
	SUPPLEMENTARY AIDS AND SERVICES
Document	The admission, review, and dismissal (ARD) committee must determine needed supplementary aids and services to be provided to the child, or on behalf of the child. Citations: 89.1050(a)(1) 300.320(a)(4)
Practice	The term supplementary aids and services means aids, services, and other supports that are provided in general education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable the child with a disability to be educated with nondisabled children to the maximum extent appropriate. Citations: 300.42
	SPECIAL EDUCATION
Document	The ARD committee must determine needed special education services. Citations: 89.1050(a)(1) 300.320(a)(4)
Practice	The term special education means specially-designed instruction, at no cost to parents, to meet the unique needs of the child with a disability. Citations: 300.39(a)
	RELATED SERVICES
Document	The ARD committee must determine needed related services. Citations: 89.1050(a)(1) 300.320(a)(4)
Practice	The term related services means transportation, and such developmental, corrective, and other supportive services as may be required to assist the child with a disability to benefit from special education. Citations: 300.34(a) 300.34(b)
Practice	A child is eligible to receive audiology services provided under the school health and related services program of the Health and Human Services Commission, as outlined in the FUNDING FOR NONEDUCATIONAL SERVICES framework, if the child: Citations: TEC 38.033(a)
Document	Is 20 years of age or younger; Citations: TEC 38.033(a)(1)
Document	Has a disability or chronic medical condition; Citations: TEC 38.033(a)(2)
Document	Is eligible for Medicaid benefits; and Citations: TEC 38.033(a)(3)
Document	Has been prescribed the services under: Citations: TEC 38.033(a)(4)
Document	An individualized education program (IEP); or Citations: TEC 38.033(a)(4)(A)
Document	A plan created under Section 504. Citations: TEC 38.033(a)(4)(B)
Practice	For each child placed in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf that includes placement at the residential campus by the ARD committee: Citations: 89.1090(a)
Practice	The resident school district will be responsible for transportation from the campus as well as the return to campus at the beginning and end of school terms and for regularly scheduled holidays when all students are expected to leave the residential campus; and Citations: 89.1090(a)
Practice	When the ARD committee determines it is necessary for the safety of the child to be accompanied by an adult designated by the ARD committee, round-trip transportation for that adult must also be provided, as documented in the child's IEP. Citations: 89.1090(d)
	PROGRAM MODIFICATIONS AND SUPPORTS FOR SCHOOL PERSONNEL
Document	The ARD committee must determine needed program modifications or supports for school personnel that will be provided to the child to enable the child to: Citations: 89.1050(a)(1) 300.320(a)(4)
Practice	Advance appropriately toward attaining the annual goals; Citations: 300.320(a)(4)(i)
Practice	Be involved in and make progress in the general education curriculum, and be afforded an equal opportunity to participate in extracurricular and other nonacademic activities including, to the maximum extent appropriate, in nonacademic settings and services such as: Citations: 300.107 300.117 300.320(a)(4)(ii)
Practice	Meals; Citations: 300.117
Practice	Recess periods; Citations: 300.117
Practice	Counseling services; Citations: 300.107(b) 300.117
Practice	Athletics; Citations: 300.107(b) 300.117
Practice	Transportation; Citations: 300.107(b) 300.117
Practice	Health services; Citations: 300.107(b) 300.117
Practice	Recreational activities; Citations: 300.107(b) 300.117
Practice	Special interest groups or clubs sponsored by the local education agency (LEA); Citations: 300.107(b) 300.117
Practice	Referrals to other agencies that provide assistance to individuals with disabilities; Citations: 300.107(b) 300.117
Practice	Employment of children, including both employment by the LEA and assistance in making outside employment available; and Citations: 300.107(b) 300.117
Practice	Be educated and participate with other children with disabilities and nondisabled children. Citations: 300.320(a)(4)(iii)
Document	A determination that the child is unable to complete the requirement to receive instruction in cardiopulmonary resuscitation is made by the ARD committee. Citations: 74.38(e)(1) TEC 28.0023(d)
	TRAINING TO IMPLEMENT THE IEP
Practice	The LEA is required to provide training to an educator who works primarily outside the area of special education only if the educator does not possess the knowledge and skills necessary to implement the IEP developed for the child receiving instruction from the educator: Citations: TEC 21.451(d)(2) TEC 21.451(e)
Practice	The LEA will determine the time and place at which the training is delivered; Citations: TEC 21.451(e)
Practice	The LEA must include training that is evidence-based, and that: Citations: TEC 21.451(d)(2)
Practice	Relates to instruction of children with disabilities, including children with disabilities who also have other intellectual or mental health conditions; and Citations: TEC 21.451(d)(2)(A)
Practice	Is designed for educators who work primarily outside the area of special education; and Citations: TEC 21.451(d)(2)(B)
Practice	In developing or maintaining the training, the LEA must consult with persons with expertise in research-based practices for children with disabilities such as: Citations: TEC 21.451(f)
Practice	Persons from colleges, universities, private and nonprofit organizations, regional education service centers; Citations: TEC 21.451(f)
Practice	Qualified LEA personnel; and Citations: TEC 21.451(f)
Practice	Any other persons identified as qualified by the LEA. Citations: TEC 21.451(f)
	INTENSIVE PROGRAM OF INSTRUCTION
Practice	For the child who did not perform satisfactorily on a state assessment under the STATE AND DISTRICTWIDE ASSESSMENTS framework or who is likely not to receive a high school diploma before the fifth school year following the child's enrollment in grade 9: Citations: TEC 28.0213(a) TEC 28.0213(e) TEC 39.023
Document	The ARD committee must design the intensive program of instruction: Citations: TEC 28.0213(e) 89.1050(a)(10)
Practice	To enable the child to attain a standard of annual growth on the basis of the child's IEP; and Citations: TEC 28.0213(e)(1)
Practice	If applicable, to carry out the purposes of the Student Success Initiative. Citations: TEC 28.0211 TEC 28.0213(e)(2)
	ACCELERATED READING INSTRUCTION
Practice	For the child in kindergarten or grades 1 or 2 who did not perform satisfactorily on a reading instrument selected from the list adopted by the commissioner of education or by the district-level committee: Citations: TEC 28.006(c) TEC 28.006(c-2) TEC 28.006(c-3) TEC 28.006(g)
Document	The ARD committee must determine the manner in which the child will participate in an accelerated reading instruction program. Citations: TEC 28.006(g) 89.1050(a)(7)
	ACCELERATED INSTRUCTION AND SUPPLEMENTAL INSTRUCTION
Practice	The ARD committee of a child who does not perform satisfactorily on the statewide assessment program will, at the child's next annual review meeting, review the child's participation and progress in, as applicable, accelerated instruction, supplemental instruction, or an accelerated education plan. Citations: TEC 28.0211(i)
Practice	The child's parent may request, or the LEA may schedule, an additional ARD committee meeting, if a committee member believes that the child's IEP needs to be modified related to the child's participation and progress in, as applicable, accelerated instruction, supplemental instruction, or an accelerated education plan. Citations: TEC 28.0211(i)
Document	If the LEA refuses to convene a committee meeting requested by the child's parent concerning the child's participation and progress in, as applicable, accelerated instruction, supplemental instruction, or an accelerated education plan, the LEA will provide the parent with written notice explaining the reason the LEA refuses to convene the meeting. Citations: TEC 28.0211(i)
Practice	If a child who attends school in a homebound or other off-campus instructional arrangement, including at a residential treatment campus or state hospital, is unable to participate in an accelerated instruction program due to the child's condition, the LEA may determine that the child be provided the accelerated instruction when the child attends school in an on-campus instructional setting. Citations: TEC 28.0211(i-1)
Practice	If the child's condition prevents the child from attending school in an on-campus instructional setting for the school year during which the accelerated instruction is required to be provided to the child, the LEA is not required to provide the accelerated instruction to the child for that school year. Citations: TEC 28.0211(i-1)
	PERSONAL GRADUATION PLAN IN JUNIOR HIGH AND MIDDLE SCHOOL
Practice	For the child in junior high or middle school, the child's IEP may be used as the child's personal graduation plan. Citations: TEC 28.0212(c) 89.1050(a)(9)
	INITIATION, FREQUENCY, AND DURATION OF SERVICES
Practice	The ARD committee must determine and include in the child's IEP: Citations: 300.320(a)(7)
Document	The projected date for the beginning of the services and modifications; Citations: 300.320(a)(7)
Document	The anticipated frequency of those services and modifications; and Citations: 300.320(a)(7)
Document	The anticipated duration of those services and modifications. Citations: 300.320(a)(7)
Document	The ARD committee must determine the appropriate instructional setting and length of day for each child, and these must be specified in the child's IEP. Citations: 89.1075(f)
Practice	Children with disabilities must have available an instructional day commensurate with that of children without disabilities. Citations: 89.1075(f)
	LOCATION
Document	The ARD committee must determine and include in the IEP the anticipated location of the services and modifications. Citations: 89.1050(a)(1) 300.320(a)(7)
Practice	If, for the purpose of receiving special education services, the LEA assigns the child to a campus location other than the campus location the child would attend based on the child's residence: Citations: TEC 25.0343(a)
Practice	The LEA must permit the child's parent, guardian, or other person standing in parental relation to the child to obtain a transfer to the assigned campus for any other child residing in the household of the child receiving special education services, provided that: Citations: TEC 25.0343(a) TEC 25.0343(c)
Practice	The other child is entitled to attend school in the LEA; Citations: TEC 25.0343(a)(1)
Practice	The appropriate grade level for the other child is offered at the campus; Citations: TEC 25.0343(a)(2)
Practice	The child receiving special education services does not reside in a residential facility; and Citations: TEC 25.0343(d)
Practice	The LEA is not required to provide transportation to the other child who transfers to another campus location under this section; however, this does not affect any transportation services provided by the LEA in accordance with other laws for the child receiving special education services. Citations: TEC 25.0343(b)

Last Updated : Wed, May 21, 2025

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Texas Education Code § 39.023. Adoption and Administration of Instruments.

(a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, mathematics, social studies, and science. Except as provided by Subsection (a-2), all students, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through eight;
(2) reading, annually in grades three through eight;
(3) social studies, in grade eight;
(4) science, in grades five and eight; and
(5) any other subject and grade required by federal law.

(a-1) The agency shall develop assessment instruments required under Subsection (a) in a manner that allows, to the extent practicable:
(1) the score a student receives to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241; and
(2) an appropriate range of performances to serve as a valid indication of growth in student achievement.

(a-2) Except as required by federal law, a student is not required to be assessed in a subject otherwise assessed at the student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted or developed under Subsection (a) that aligns with the curriculum for the course in which the student is enrolled; or
(2) is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Subsection (c) for the course.

(a-3) The agency may not adopt or develop a criterion-referenced assessment instrument under this section based on common core state standards as defined by Section 28.002(b-1). This subsection does not prohibit the use of college advanced placement tests or international baccalaureate examinations as those terms are defined by Section 28.051.

(a-4) For purposes of Subsection (a)(1), the State Board of Education by rule may designate sections of a mathematics assessment instrument for a grade level that:
(1) may be completed with the aid of technology; and
(2) must be completed without the aid of technology.

(a-5)-(a-10) Expired.

(a-11) Before an assessment instrument adopted or developed under Subsection (a) may be administered under that subsection, the assessment instrument must, on the basis of empirical evidence, be determined to be valid and reliable by an entity that is independent of the agency and of any other entity that developed the assessment instrument.

(a-12) An assessment instrument adopted or developed under Subsection (a) may not have more than three parts. A part of an assessment instrument must be designed so that:
(1) if administered to students in grades three and four, 85 percent of students will be able to complete that part within 60 minutes; and
(2) if administered to students in grades five through eight, 85 percent of students will be able to complete that part within 75 minutes.

(a-13) The amount of time allowed for administration of an assessment instrument adopted or developed under Subsection (a) may not exceed eight hours, and the administration may occur in multiple parts over more than one day.

(a-14) Subsections (a-12) and (a-13) do not apply to the administration of assessment instruments for a grade level if, as a result of the time restriction imposed, the assessment instrument no longer:
(1) complies with federal law; or
(2) is valid and reliable, based on findings and recommendations made by the advisory committees established under Section 39.02302.

(a-15) Subsections (a-12) and (a-13) do not apply to a classroom portfolio method used to assess writing performance.

(a-16) An assessment instrument under this section may not be administered to a kindergarten student except for the purpose of determining whether the student is entitled to the benefit of the Foundation School Program as provided under this code.

(b) The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee, including assessment instruments approved by the commissioner that measure growth. The assessment instruments developed or adopted under this subsection, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide a district with options for the assessment of students under this subsection. The agency may not adopt a performance standard that indicates that a student's performance on the alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student's developmental level as determined by the student's admission, review, and dismissal committee.

(b-1) The agency, in conjunction with appropriate interested persons, shall redevelop assessment instruments adopted or developed under Subsection (b) for administration to significantly cognitively disabled students in a manner consistent with federal law. An assessment instrument under this subsection may not require a teacher to prepare tasks or materials for a student who will be administered such an assessment instrument. A classroom portfolio method used to assess writing performance may require a teacher to prepare tasks and materials.

(c) The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, biology, English I, English II, and United States history. The Algebra I end-of-course assessment instrument must be administered with the aid of technology, but may include one or more parts that prohibit the use of technology. The English I and English II end-of-course assessment instruments must each assess essential knowledge and skills in both reading and writing and must provide a single score. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection. The State Board of Education shall administer the assessment instruments. An end-of-course assessment instrument may be administered in multiple parts over more than one day. The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).

(c-1) The agency shall develop any assessment instrument required under this section in a manner that allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(c-2) The agency may adopt end-of-course assessment instruments for courses not listed in Subsection (c). A student's performance on an end-of-course assessment instrument adopted under this subsection is not subject to the performance requirements established under Subsection (c) or Section 39.025.

(c-3) Except as provided by Subsection (c-7) or as otherwise provided by this subsection, in adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall ensure that assessment instruments administered under Subsection (a) or (c) are not administered on the first instructional day of a week. On request by a school district or open-enrollment charter school, the commissioner may allow the district or school to administer an assessment instrument required under Subsection (a) or (c) on the first instructional day of a week if administering the assessment instrument on another instructional day would result in a significant administrative burden due to specific local conditions.

(c-4) To the extent practicable and subject to Section 39.024, the agency shall ensure that each end-of-course assessment instrument adopted under Subsection (c) is:
(1) developed in a manner that measures a student's performance under the college readiness standards established under Section 28.008; and
(2) validated by national postsecondary education experts for college readiness content and performance standards.

(c-5) A student's performance on an end-of-course assessment instrument required under Subsection (c) must be included in the student's academic achievement record.

(c-6) In adopting an end-of-course assessment instrument under this section, the agency shall consider the use of an existing assessment instrument that is currently available. The agency may use an existing assessment instrument that is currently available only if the assessment instrument:
(1) is aligned with the essential knowledge and skills of the subject being assessed; and
(2) allows for the measurement of annual improvement in student achievement as provided by Subsection (c-1).

(c-7) Subsection (c-3) does not apply to a classroom portfolio method used to assess writing performance if student performance under that method is less than 50 percent of a student's overall assessed performance in writing.

(c-8) Beginning with the 2022-2023 school year, not more than 75 percent of the available points on an assessment instrument developed under Subsection (a) or (c) may be attributable to questions presented in a multiple choice format.

(c-9) The United States history end-of-course assessment instrument adopted under Subsection (c) must include 10 questions randomly selected by the agency from the civics test administered by the United States Citizenship and Immigration Services as part of the naturalization process under the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). The agency shall:
(1) ensure that the questions included in the assessment instrument align with the essential knowledge and skills adopted for the United States history course for which the instrument is administered; and
(2) annually issue a report:
(A) providing the questions included in the assessment instrument under this subsection and the answers to those questions; and
(B) detailing student performance on the questions included in the assessment instrument under this subsection, both statewide and disaggregated by school district and campus.

(d) The commissioner may participate in multistate efforts to develop voluntary standardized end-of-course assessment instruments. The commissioner by rule may require a school district to administer an end-of-course assessment instrument developed through the multistate efforts. The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether any allowable modification is necessary in administering to the student an end-of-course assessment instrument.

(e) Under rules adopted by the State Board of Education, every third year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), (d), or (l), excluding any assessment instrument administered to a student for the purpose of retaking the assessment instrument, after the last time the instrument is administered for that school year. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score. During the 2014-2015 and 2015-2016 school years, the agency shall release the questions and answer keys to assessment instruments as described by this subsection each year.

(e-1) The agency may defer releasing assessment instrument questions and answer keys as required by Subsection (e) to the extent necessary to develop additional assessment instruments.

(f) The assessment instruments shall be designed to include assessment of a student's problem-solving ability and complex-thinking skills using a method of assessing those abilities and skills that is demonstrated to be highly reliable.

(g) The State Board of Education may adopt one appropriate, nationally recognized, norm-referenced assessment instrument in reading and mathematics to be administered to a selected sample of students in the spring. If adopted, a norm-referenced assessment instrument must be a secured test. The state may pay the costs of purchasing and scoring the adopted assessment instrument and of distributing the results of the adopted instrument to the school districts. A district that administers the norm-referenced test adopted under this subsection shall report the results to the agency in a manner prescribed by the commissioner.

(h) The agency shall notify school districts and campuses of the results of assessment instruments administered under this section not later than the 21st day after the date the assessment instrument is administered. The school district shall disclose to each district teacher the results of assessment instruments administered to students taught by the teacher in the subject for the school year in which the assessment instrument is administered.

(i) The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022. Each assessment instrument adopted under those rules and each assessment instrument required under Subsection (d) must be reliable and valid and must meet any applicable federal requirements for measurement of student progress.

(j) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1312, Sec. 18, eff. September 1, 2007.

(l) The State Board of Education shall adopt rules for the administration of the assessment instruments adopted under Subsection (a) in Spanish to emergent bilingual students in grades three through five, as defined by Section 29.052, whose primary language is Spanish, and who are not otherwise exempt from the administration of an assessment instrument under Section 39.027(a)(1) or (2). Each emergent bilingual student whose primary language is Spanish, other than a student to whom Subsection (b) applies, may be assessed using assessment instruments in Spanish under this subsection for up to three years or assessment instruments in English under Subsection (a). The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection.

(m) The commissioner by rule shall develop procedures under which the language proficiency assessment committee established under Section 29.063 shall determine which students are exempt from the administration of the assessment instruments under Section 39.027(a)(1) or (2). The rules adopted under this subsection shall ensure that the language proficiency assessment committee provides that the exempted students are administered the assessment instruments under Subsections (a) and (c) at the earliest practical date.

(n) This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments. The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess the ability of and to be administered to each student to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders. The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument required under this subsection. The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(o) The agency shall adopt or develop optional interim assessment instruments for each subject or course for each grade level subject to assessment under this section. A school district or open-enrollment charter school may not be required to administer interim assessment instruments adopted or developed under this subsection. An interim assessment instrument:
(1) must be:
(A) when possible, predictive of the assessment instrument for the applicable subject or course for that grade level required under this section; and
(B) administered electronically; and
(2) may not be used for accountability purposes.

(p) On or before September 1 of each year, the commissioner shall make the following information available on the agency's Internet website for each assessment instrument administered under Subsection (a), (c), or (l):
(1) the number of questions on the assessment instrument;
(2) the number of questions that must be answered correctly to achieve satisfactory performance as determined by the commissioner under Section 39.0241(a);
(3) the number of questions that must be answered correctly to achieve satisfactory performance under the college readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.

Last Amended: 86th Leg., Ch. 1315 (H.B. 3906), Sec. 2, eff. September 1, 2019
86th Leg., Ch. 1315 (H.B. 3906), Sec. 3, eff. September 1, 2019
86th Leg., Ch. 1282 (H.B. 1244), Sec. 1, June 14, 2019
87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(10), eff. September 1, 2021
87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 18, eff. September 1, 2021
87th Leg., R.S., Ch. 1003 (H.B. 3261), Sec. 4, eff. June 18, 2021
Entered: October 22, 2021

SBS

Texas Education Code § 28.0211. Accelerated Learning Committee; Accelerated Instruction; Modified Teacher Assignment.

(a) A school 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) the fifth grade mathematics or reading assessment instrument under Section 39.023; or
(3) the eighth grade mathematics or reading assessment instrument 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 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-2) Accelerated instruction provided during the following school year under Subsection (a-1) may require participation of the student before or after normal school hours.

(a-3) In providing accelerated instruction under Subsection (a-1), a district may not remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction 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.

(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 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 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 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 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-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) to make a request for district consideration 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-6) The commissioner shall provide guidelines to school districts on research-based best practices and effective strategies that a district may use in developing an accelerated instruction program and shall provide resources to districts to assist in the provision of an accelerated instruction program.

(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(c) After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), 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.

(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(f) An accelerated learning committee described by Subsection (c) shall, not later than the start of the 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.

(f-1) The educational plan under Subsection (f) must be documented in writing, and a copy must be provided to the student's parent or guardian.

(f-2) During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan developed under Subsection (f). 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-3) The board of trustees of each school district 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 (f).

(f-4) 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 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.

(f-5) The superintendent's designee under Subsection (f-4):
(1) may be an employee of a regional education service center; and
(2) may not be a person who served on the student's accelerated learning committee.

(g) This section does not preclude the retention at a grade level, in accordance with state law or school district policy, of a student who performs satisfactorily on an assessment instrument specified under Subsection (a).

(h) In each instance under this section in which a school district is specifically required to provide notice to a parent or guardian of a student, the district shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English or the parent or guardian's native language.

(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 to determine the manner in which the student will participate in an accelerated instruction program under this section.

(i-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(i-2) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(j) A school district or open-enrollment charter 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.

(k) The commissioner may adopt rules as necessary to implement this section.

(l) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.

(l-1) The commissioner may adopt rules requiring a 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.

(m) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(m-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021.

(n) Except as provided by Subsection (n-1), a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) and is promoted to 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 specified under Subsection (a) to an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade.

(n-1) In a manner consistent with federal law and notwithstanding any other law, the commissioner may waive the requirement under Subsection (n) regarding the assignment of a student to an appropriately certified classroom teacher on the request of a school district.

(o) This section does not require the administration of a fifth or eighth grade assessment instrument in a subject under Section 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:
(1) is enrolled in a course in the subject intended 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; or
(2) is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted under Section 39.023(c) for the course.

(p) Notwithstanding any other provision of this section, a student described by Subsection (o) may not be denied promotion on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student in accordance with that subsection.

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.022, eff. June 12, 2019
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 1, eff. June 16, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 2, eff. June 16, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 10(1), eff. June 16, 2021
Entered: October 22, 2021