Relating to measures to support kindergarten readiness and early literacy and numeracy skills for public school students, including an early childhood parental support program and prekindergarten programs in public schools, and to funding under the Foundation School Program for certain school districts and to support those measures.

89(R) SB 2252 - Engrossed version - Bill Text

By: Creighton, et al.

S.B. No. 2252

A BILL TO BE ENTITLED

AN ACT

relating to measures to support kindergarten readiness and early

literacy and numeracy skills for public school students, including

an early childhood parental support program and prekindergarten

programs in public schools, and to funding under the Foundation

School Program for certain school districts and to support those

measures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the
agency
[
commissioner
];

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading
and mathematics
instruments and

reading interventions
[
accelerated reading instruction programs
]

under
Sections
[
Section
] 28.006
, 28.0063, and 28.0064
;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; and

(Y) parental options to retain a student under

Section 28.02124.

SECTION 2. The heading to Section 21.4552, Education Code,

is amended to read as follows:

Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT
AND READING

INTERVENTION
ACADEMIES.

SECTION 3. Section 21.4552, Education Code, is amended by

amending Subsections (b) and (d) and adding Subsections (d-1), (g),

(h), and (i) to read as follows:

(b) A literacy achievement academy developed under this

section:

(1) for teachers who provide reading instruction to

students at the kindergarten or first, second, or third grade

level:

(A) must include training in:

(i) effective and systematic instructional

practices in reading, including phonemic awareness, phonics,

fluency, vocabulary, and comprehension; and

(ii) the use of empirically validated

instructional methods that are appropriate for struggling readers;

and

(B) may include training in effective

instructional practices in writing;

(2) for teachers who provide reading instruction to

students at the fourth or fifth grade level:

(A) must include effective instructional

practices that promote student development of reading

comprehension and inferential and critical thinking;

(B) must provide training in the use of

empirically validated instructional methods that are appropriate

for struggling readers; and

(C) may include material on writing instruction;

(3) for teachers who provide reading instruction to

students at the sixth, seventh, or eighth grade level, must include

training in:

(A) strategies to be implemented in English

language arts and other subject areas for multisyllable word

reading, vocabulary development, and comprehension of expository

and narrative text;

(B) an adaptation framework that enables

teachers to respond to differing student strengths and needs,

including adaptations for students of limited English proficiency

or students receiving special education services under Subchapter

A, Chapter 29;

(C) collaborative strategies to increase active

student involvement and motivation to read; and

(D) other areas identified by the commissioner as

essential components of reading instruction;
and

(4) [
for teachers who provide reading instruction to

students at the seventh or eighth grade level, must include

training in:

[
(A)

administration of the reading instrument

required by Section 28.006(c-1); and

[
(B)

interpretation of the results of the reading

instrument required by Section 28.006(c-1) and strategies, based on

scientific research regarding effective reading instruction, for

long-term intensive intervention to target identified student

needs in word recognition, vocabulary, fluency, and comprehension;

and

[
(5)
] for teachers who provide instruction in

mathematics, science, or social studies to students at the sixth,

seventh, or eighth grade level, must include training in:

(A) strategies for incorporating reading

instruction into the curriculum for the subject area taught by the

teacher; and

(B) other areas identified by the commissioner.

(d)
Except as provided by Subsection (d-1), from funds

provided under Section 48.108 or other available
[
From
] funds

[
appropriated for that purpose
], a
classroom
teacher who
provides

instruction to students in kindergarten through third grade and

completes
[
attends
] a literacy achievement academy is entitled to

receive a stipend
from the school district
in the amount determined

by the commissioner.
From funds appropriated for that purpose, a

district may provide a stipend to a classroom teacher who provides

instruction to students in a grade level above third grade.
A

stipend received under this subsection is not considered in

determining whether a school district is paying the
classroom

teacher the minimum monthly salary under Section 21.402.

(d-1)

A school district is not required to provide a stipend

under Subsection (d) to a classroom teacher if the teacher:

(1)

attends the literacy achievement academy as part

of an educator preparation program in which the teacher is

enrolled;

(2)

attends the literacy achievement academy on a day

or during hours of service included in the term of the teacher's

contract; or

(3)

is not directed or approved by the school district

at which the teacher is employed to attend the literacy achievement

academy.

(g)

The agency shall develop a method for evaluating a

literacy achievement academy to determine the effectiveness of the

academy, including whether the academy improves teaching practices

and student literacy proficiency.

A school district or

open-enrollment charter school shall provide any information

requested by the agency for purposes of evaluating literacy

achievement academies under this subsection.

(h)

In addition to the literacy achievement academies

developed under Subsection (a), the commissioner shall develop and

make available reading intervention academies for teachers or other

professionals who provide reading interventions to students who

require targeted instruction in foundational reading skills.

(i)

The commissioner may establish an advisory board to

assist the agency in fulfilling the agency's duties under this

section. A recommendation of the advisory board shall be made

available to the public. Chapter 2110, Government Code, does not

apply to an advisory board established under this subsection.

SECTION 4. The heading to Section 21.4553, Education Code,

is amended to read as follows:

Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT
AND

INTERVENTIONIST
ACADEMIES.

SECTION 5. Section 21.4553, Education Code, is amended by

amending Subsection (d) and adding Subsections (d-1), (g), (h), and

(i) to read as follows:

(d)
Except as provided by Subsection (d-1), from funds

provided under Section 48.108 or other available
[
From
] funds

[
appropriated for that purpose
], a
classroom
teacher who
completes

[
attends
] a mathematics achievement academy is entitled to receive

a stipend
from the school district
in the amount determined by the

commissioner. A stipend received under this subsection is not

considered in determining whether a district is paying the

classroom
teacher the minimum monthly salary under Section 21.402.

(d-1)

A school district is not required to provide a stipend

under Subsection (d) to a classroom teacher if the teacher:

(1)

attends the mathematics achievement academy as

part of an educator preparation program in which the teacher is

enrolled;

(2)

attends the mathematics achievement academy on a

day or during hours of service included in the term of the teacher's

contract; or

(3)

is not directed or approved by the school district

at which the teacher is employed to attend the mathematics

achievement academy.

(g)

The agency shall develop a method for evaluating a

mathematics achievement academy to determine the effectiveness of

the academy, including whether the academy improves teaching

practices and student math proficiency.

A school district or

open-enrollment charter school shall provide any information

requested by the agency for purposes of evaluating mathematics

achievement academies under this subsection.

(h)

In addition to the mathematics achievement academies

developed under Subsection (a), the commissioner shall develop and

make available mathematics interventionist academies for a teacher

or other professional who provides mathematics interventions to

students who require targeted instruction in foundational

mathematics skills.

(i)

The commissioner may establish an advisory board to

assist the agency in fulfilling the agency's duties under this

section. A recommendation of the advisory board shall be made

available to the public. Chapter 2110, Government Code, does not

apply to an advisory board established under this subsection.

SECTION 6. Subchapter C, Chapter 25, Education Code, is

amended by adding Section 25.0816 to read as follows:

Sec.

25.0816.

ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT

PROGRAM. (a) From money appropriated or otherwise available for

the purpose, the agency shall establish and administer a grant

program to provide funding and technical assistance to school

districts and open-enrollment charter schools to plan the school

year and adjust operations as necessary to qualify for the

incentive funding under Section 48.0051.

(b)

In awarding grants under the program, the agency shall

prioritize school districts and open-enrollment charter schools

that seek to maximize incentive funding under Section 48.0051.

(c)

The agency may solicit and accept gifts, grants, and

donations for purposes of this section.

SECTION 7. Section 25.085(d), Education Code, is amended to

read as follows:

(d) Unless specifically exempted by Section 25.086, a

student enrolled in a school district must attend:

(1) an extended-year program for which the student is

eligible that is provided by the district for students identified

as likely not to be promoted to the next grade level or tutorial

classes required by the district under Section 29.084;

(2)
a reading intervention program
[
an accelerated

reading instruction program
] to which the student is assigned under

Section
28.0064
[
28.006(g)
];

(3) an accelerated instruction program to which the

student is assigned under Section 28.0211;

(4) a basic skills program to which the student is

assigned under Section 29.086; or

(5) a summer program provided under Section 37.008(l)

or Section 37.021.

SECTION 8. The heading to Section 28.006, Education Code,

is amended to read as follows:

Sec. 28.006.
KINDERGARTEN
READING
READINESS
[
DIAGNOSIS
].

SECTION 9. Section 28.006, Education Code, is amended by

amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and

(h) and adding Subsection (n) to read as follows:

(a) The commissioner shall develop recommendations for

school districts for:

(1) administering reading instruments to
measure

students'

foundational literacy skills in
[
diagnose student
]

reading development and comprehension;

(2) training educators in administering the reading

instruments; and

(3) applying the results of the reading instruments to

the instructional program.

(b) The commissioner shall adopt a [
list of
] reading

instrument
[
instruments
] that a school district
shall
[
may
] use
at

the beginning of the school year
to
measure a kindergarten

student's foundational literacy skills in
[
diagnose student
]

reading development and comprehension.
A reading instrument

adopted under this subsection may include other developmental

skills as part of
[
For use in diagnosing the reading development and

comprehension of kindergarten students, the commissioner shall

adopt
] a multidimensional assessment tool [
that includes a reading

instrument and tests at least three developmental skills, including

literacy.

A multidimensional assessment tool administered as

provided by this subsection is considered to be a reading

instrument for purposes of this section.

A district-level

committee established under Subchapter F, Chapter 11, may adopt a

list of reading instruments for use in the district in a grade level

other than kindergarten in addition to the reading instruments on

the commissioner's list
].
A
[
Each
] reading instrument adopted by

the commissioner [
or a district-level committee
] must be based on

scientific research concerning
foundational literacy skills in

reading [
skills
] development and [
reading
] comprehension
and
[
.

A

list of reading instruments adopted under this subsection must
]

provide for
measuring
[
diagnosing
] the
foundational literacy

skills in
reading development and comprehension of
students,

including
students participating in a program under Subchapter B,

Chapter 29.

(b-1) The commissioner may approve
not more than two
[
an
]

alternative reading
instruments
[
instrument
] for use in
measuring

[
diagnosing
] the
foundational literacy skills in
reading

development and comprehension of kindergarten students that

complies with the requirements under Subsection (b).

(c-2)
Not later than the 60th day after the beginning of the

school year, each
[
Each
] school district shall administer at the

kindergarten level a reading instrument adopted by the commissioner

under Subsection (b) or approved by the commissioner under

Subsection (b-1). The district shall administer the reading

instrument in accordance with the commissioner's recommendations

under Subsection (a)(1)
and policies developed by commissioner

rule
.

(c-3) The commissioner by rule shall determine the

performance on
a
[
the
] reading instrument adopted
or approved
under

this section
[
Subsection (b)
] that indicates kindergarten

readiness.
Each reading instrument adopted or approved under this

section must provide for the ability to compare the performance

that indicates kindergarten readiness on that instrument with the

performance that indicates kindergarten readiness on other

instruments adopted or approved under this section.

(d) The superintendent of each school district shall:

(1) report to the commissioner and the board of

trustees of the district
at a public meeting of the board
the

results of
a
[
the
] reading
instrument administered to students

under this section
[
instruments
];

(2) not later than the
earlier of the 20th school day

or the 30th
[
60th
] calendar day after the date on which
the results

of
a reading instrument
are available,
[
was administered
] report,

in writing
or electronically
, to a student's parent or guardian the

student's results on the instrument; and

(3) using the school readiness certification system

provided to the school district in accordance with Section

29.161(e), report electronically each student's raw score on the

reading instrument to the agency for use in the school readiness

certification system.

(f) The agency shall ensure [
at least one
] reading

instruments adopted or approved
[
instrument for each grade level

for which a reading instrument is required to be administered
]

under this section
are
[
is
] available to school districts at no

cost.

(h) The school district shall make a good faith effort to

ensure that the
report
[
notice
] required under
Subsection (d)(2)

[
this section
] is provided either in person or
electronically
[
by

regular mail
] and that the
report
[
notice
] is clear and easy to

understand and is written in English and in the parent or guardian's

native language.

(n)

Nothing in this section may be construed to circumvent

or supplant federal or state law regarding a student who

participates in a special education program under Subchapter A,

Chapter 29, or a student who is suspected to have a disability and

who may be eligible to participate in a special education program

under that subchapter.

SECTION 10. Subchapter A, Chapter 28, Education Code, is

amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071

to read as follows:

Sec.

28.0063.

EARLY LITERACY AND NUMERACY INSTRUMENTS. (a)

The commissioner shall adopt a list of reading and mathematics

instruments approved or developed by the commissioner for use by

school districts in kindergarten through grade three to measure

students'

foundational literacy skills in reading development and

comprehension and foundational numeracy skills in mathematics.

(b)

A reading or mathematics instrument adopted under

Subsection (a) must:

(1)

be based on scientific research concerning, as

applicable:

(A)

foundational literacy skills in reading

development and comprehension; or

(B) foundational numeracy skills in mathematics;

(2)

be capable of being administered at the beginning,

middle, and end of the school year;

(3)

be designed to assess the performance of students

in, as applicable:

(A)

the foundational literacy skills components

of the essential knowledge and skills adopted under Section 28.002

for language arts; or

(B)

the foundational numeracy skills components

of the essential knowledge and skills adopted under Section 28.002

for mathematics;

(4)

be capable of monitoring student progress in a

manner that allows school district staff to identify specific

foundational literacy or numeracy skills in need of targeted

instruction;

(5)

assess whether a student's skills identified as in

need of targeted instruction indicate that the student is at risk,

as determined by the agency, of not achieving satisfactory

performance on the third grade reading or mathematics assessment

administered under Section 39.023;

(6)

for a reading instrument for students in

kindergarten and first grade, include the applicable elements and

criteria to serve as the required screenings for dyslexia and

related disorders under Section 38.003; and

(7)

for a reading instrument, allow a school district

to generate a report regarding a student's reading progress,

including progress from previous administrations of the same

instrument, that is clear and easy to understand that may be

distributed to the student's parent in English, Spanish, or, to the

extent practicable, any other language spoken by the parent.

(c) The commissioner shall:

(1)

update the list of reading and mathematics

instruments adopted under Subsection (a) not less than once every

four years;

(2)

ensure the list adopted under Subsection (a)

includes multiple reading and mathematics instruments;

(3)

develop a process by which a school district may

submit an instrument to the commissioner for approval; and

(4)

make publicly available the criteria for the

evaluation and approval of an instrument submitted to the

commissioner.

(d)

The instruments adopted or approved under this section

shall be administered as follows:

(1)

for kindergarten, at the middle and end of the

school year;

(2)

for first and second grade, at the beginning,

middle, and end of the school year; and

(3)

for third grade, at the beginning and middle of the

school year.

(e)

The commissioner shall align and determine

comparability of the instruments administered under this section

with the following instruments:

(1)

an instrument adopted or approved under Section

28.006 that is administered to a kindergarten student at the

beginning of the school year; and

(2)

a third grade assessment instrument adopted or

developed under Section 39.023 that is administered at the end of

the school year for a third grade student.

(f)

If the commissioner determines that an interim

assessment instrument adopted under Section 39.023(o) provides the

same intended outcomes as an instrument adopted or approved under

this section, the commissioner may substitute that interim

assessment instrument for an instrument adopted or approved under

this section.

(g)

A school district shall administer to students in

kindergarten through third grade a reading instrument and a

mathematics instrument adopted under Subsection (a) in accordance

with requirements and recommendations established by the

commissioner under this section, including requirements or

recommendations related to:

(1) administering the instruments;

(2) training staff on the instruments; and

(3)

applying the results of the instruments to the

district's instructional program.

(h) The superintendent of each school district shall:

(1)

report to the commissioner and the board of

trustees of the district at a public meeting of the board the

results of a reading or mathematics instrument administered to

students under this section; and

(2)

not later than the earlier of the 20th school day

or the 30th calendar day after the date on which the results of a

reading or mathematics instrument are available, report, in writing

or electronically, to a student's parent or guardian:

(A) the student's results on the instrument;

(B)

for a reading instrument, the report

described by Subsection (b)(7); and

(C)

if the student is determined to be at risk for

dyslexia or a related disorder based on the results of the reading

instrument, information regarding that determination.

(i)

The agency shall establish a list of reading and

mathematics instruments adopted under Subsection (a) for which the

agency has negotiated a price.

A school district is not required to

use a method provided by Section 44.031 to purchase an instrument on

the list established under this subsection.

(j)

A student's parent or guardian may submit a written

request to the administrator of the campus at which the student is

enrolled to opt the student out of the administration of a reading

or mathematics instrument required under this section.

A school

district may not encourage or direct a parent or guardian to submit

a written request under this subsection.

(k)

The commissioner shall adopt rules as necessary to

implement this section.

(l)

Section 2001.0045, Government Code, does not apply to a

rule adopted under this section.

(m)

A school district may comply with the requirements of

Subsection (g) by administering a reading or mathematics instrument

selected by the board of trustees of the school district that meets

the requirements of Subsection (b) until the commissioner adopts

the list of reading and mathematics instruments under Subsection

(a).

This subsection expires September 1, 2029.

Sec.

28.0064.

EARLY LITERACY INTERVENTION FOR CERTAIN

STUDENTS. (a)

If a student's results on two consecutive reading

instruments administered under Section 28.0063 indicate that the

student is at risk, as determined by the agency, of not achieving

satisfactory performance in foundational literacy, a school

district shall, as soon as practicable following the receipt of the

student's results, provide reading interventions to the student.

(b)

Reading interventions provided under Subsection (a)

must:

(1)

include targeted instruction in the foundational

literacy skills identified as areas in need of targeted instruction

by the reading instrument administered under Section 28.0063;

(2)

ensure that the student receives the interventions

during a period and at a frequency sufficient to address the areas

described by Subdivision (1);

(3)

include effective instructional materials

designed for reading intervention;

(4) be provided by a person:

(A)

with training in reading interventions and in

the applicable instructional materials described by Subdivision

(3); and

(B) under the oversight of the school district;

(5)

to the extent possible, be provided by one person

for the entirety of the student's reading intervention period; and

(6)

meet any additional requirements adopted by the

commissioner.

(c)

A school district shall continue providing reading

intervention to a student under this section until the earlier of

the date on which:

(1)

the student is no longer determined to be at risk,

as determined by the agency, of not achieving satisfactory

performance in foundational literacy on a reading instrument

administered under Section 28.0063; or

(2) the student begins the fourth grade.

(d)

In providing reading interventions under this section,

a school district may not remove a student, except under

circumstances for which a student enrolled in the same grade level

who is not receiving reading interventions 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.

(e)

The agency shall approve one or more products that use

an automated, computerized, or other augmented method for providing

reading interventions.

The agency may approve a product under this

subsection only if evidence indicates that the product is effective

at promoting mastery of foundational literacy skills.

(f)

Subject to appropriation, the agency shall ensure that

at least one product approved under Subsection (e) is available to

school districts at no or reduced cost.

(g)

A student's parent or guardian may submit a written

request to the administrator of the campus at which the student is

enrolled to opt the student out of all or part of the reading

intervention requirements under Subsection (b).

A school district

may not encourage or direct a parent or guardian to submit a written

request under this subsection that would allow the district to not

provide reading interventions to the student.

(h)

A school district must provide to the parent or guardian

of a student receiving reading interventions under this section the

notice required under Section 26.0081(d).

(i)

Nothing in this section may be construed to prevent or

discourage reading interventions for a student whose results on a

reading instrument administered under Section 28.0063 indicate

that the student is at risk, as determined by the agency, of not

achieving satisfactory performance in foundational literacy.

(j)

Nothing in this section may be construed to circumvent

or supplant federal or state law regarding a student who

participates in a special education program under Subchapter A,

Chapter 29, or a student who is suspected to have a disability and

who may be eligible to participate in a special education program

under that subchapter.

(k)

The commissioner shall adopt rules as necessary to

implement this section, including rules that define appropriate

standards for implementing reading interventions that meet the

requirements of Subsection (b).

(l)

Section 2001.0045, Government Code, does not apply to a

rule adopted under this section.

(m)

A school district is not required to comply with the

requirements of this section until the commissioner adopts a list

of reading and mathematics instruments under Section 28.0063 and

designates the first school year that districts must comply with

this section.

This subsection expires September 1, 2029.

Sec.

28.0065.

ADAPTIVE VOCABULARY PILOT PROGRAM. (a)

The

agency shall develop and implement an adaptive vocabulary

assessment pilot program to assess vocabulary development in

students in kindergarten through third grade.

(b)

The agency may develop an assessment under the pilot

program to assess students in grades other than grades described by

Subsection (a).

(c)

Nothing in this section may be construed to circumvent

or supplant federal or state law regarding a student who

participates in a special education program under Subchapter A,

Chapter 29, or a student who is suspected to have a disability and

who may be eligible to participate in a special education program

under that subchapter.

(d)

The commissioner may adopt rules as necessary to

implement this section.

Sec.

28.0071.

MATHEMATICS TRAINING FOR KINDERGARTEN

THROUGH EIGHTH GRADE. (a)

Each school district and

open-enrollment charter school shall ensure that:

(1)

not later than the 2030-2031 school year, each

classroom teacher that provides instruction in mathematics to

students in kindergarten through eighth grade and each principal,

assistant principal, mathematics instructional coach, and

mathematics interventionist at a campus with one of those grade

levels has attended a teacher mathematics achievement academy

developed under Section 21.4553; and

(2)

each classroom teacher and principal initially

employed in a grade level or at a campus described by Subdivision

(1) for the 2030-2031 school year or a subsequent school year has

attended a teacher mathematics achievement academy developed under

Section 21.4553 by the end of the teacher's or principal's first

year of placement in that grade level or campus.

(b)

The agency shall provide assistance to school districts

and open-enrollment charter schools in complying with the

requirements under this section.

(c) The agency shall:

(1) monitor the implementation of this section; and

(2)

periodically report to the legislature on the

implementation of this section and the effectiveness of this

section in improving educational outcomes.

(d)

The commissioner may adopt rules to implement this

section.

SECTION 11. Subchapter B, Chapter 28, Education Code, is

amended by adding Section 28.02111 to read as follows:

Sec.

28.02111.

THIRD GRADE SUPPLEMENTARY SUPPORTS. (a)

The commissioner shall establish and administer a program for

students who are required to be provided accelerated instruction

under Section 28.0211(a-1) based on the student's third grade

performance through which the student's parent may direct tutoring

services to support the student. The agency shall provide to a

student described by this subsection a grant in the amount provided

under Section 48.317 to purchase from an agency-approved provider

tutoring services designed to help improve the student's

proficiency in reading.

(b)

The agency shall approve as a provider of tutoring

services under this section a classroom teacher employed by a

school district or open-enrollment charter school who:

(1)

holds a current teacher designation under Section

21.3521; and

(2)

submits the teacher's name to the agency to offer

tutoring services designed to help improve student proficiency in

reading.

(c) The agency shall:

(1)

maintain a system of online accounts under which

each student described by Subsection (a) is assigned an account for

the student's parent to access the grant described by Subsection

(a); and

(2) implement the program in a manner that ensures:

(A)

ease of use for parents of students who are

eligible for a grant under this section; and

(B) fidelity of spending.

(d)

A student may not receive more than one grant under this

section.

(e)

The agency may reserve from the total amount of money

available for purposes of the program an amount, not to exceed five

percent of the total amount, to cover the agency's cost of

administering the program.

(f)

A school district or open-enrollment charter school in

which a student who receives a grant under this section is enrolled

remains subject to the requirements to provide accelerated

instruction under Section 28.0211.

(g)

A school district or open-enrollment charter school

shall provide to the parent of a student described by Subsection (a)

notice of the student's eligibility for a grant under this section,

in a form and manner established by the agency.

(h)

A decision by the commissioner regarding the program

under this section is final and may not be appealed.

(i)

The commissioner shall adopt rules as necessary to

implement this section.

SECTION 12. Section 29.0031, Education Code, is amended by

adding Subsection (e) to read as follows:

(e)

A school district shall notify the parent of a student

identified with dyslexia or a related disorder of the Talking Book

Program administered by the Texas State Library and Archives

Commission and other available audio book services.

SECTION 13. Section 29.153, Education Code, is amended by

adding Subsections (b-1), (h), and (i) to read as follows:

(b-1)

Notwithstanding Subsection (b), any child who is at

least three years of age is eligible for enrollment in a

prekindergarten class under this section if:

(1)

the class is provided through a partnership

between a school district or open-enrollment charter school and a

community-based child-care provider described by Subsection (g);

and

(2)

the child receives subsidized child-care services

provided through the child-care services program administered by

the Texas Workforce Commission.

(h)

Notwithstanding any other law, a facility or location at

which prekindergarten classes are provided by a school district or

open-enrollment charter school in partnership with a private entity

under this section:

(1)

must comply with any municipal ordinance

applicable to the operation of a private prekindergarten program;

and

(2)

may not be required to comply with any municipal

ordinance applicable to the operation of a prekindergarten program

by a school district or open-enrollment charter school.

(i)

A partnership entered into between a school district or

open-enrollment charter school and a private provider for a

prekindergarten class under this section must provide for the

provider to receive funding for each district or school student

enrolled in the class in an amount that is not less than 90 percent

of the amount of funding that the district or school receives for

the student.

SECTION 14. Section 29.1531, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsections (c) and (d)

to read as follows:

(a)
Except as provided by Subsection (c), a
[
A
] school

district may offer on a tuition basis or use district funds to

provide:

(1) an additional half-day of prekindergarten classes

to children who are eligible for classes under Section 29.153 and

are under four years of age; and

(2) half-day and full-day prekindergarten classes to

children not eligible for classes under Section 29.153.

(b) A district that offers a prekindergarten program on a

tuition basis:

(1) may not adopt a tuition rate for the program that

is higher than necessary to cover the added costs of providing the

program, including any costs associated with collecting,

reporting, and analyzing data under Section 29.1532(c); [
and
]

(2) must submit the proposed tuition rate to the

commissioner for approval
; and

(3)

must certify to the commissioner that a

prekindergarten private provider that meets the qualifications of

Section 29.153(g) is not available to the students for which the

tuition would apply
.

(c)

A school district may not charge tuition for a student

if a prekindergarten private provider that meets the qualifications

of Sections 29.153(g)(1)-(4) is available to the student.

(d)

The commissioner may adopt rules under this section,

including rules establishing whether a private provider is

available.

SECTION 15. Section 29.1543, Education Code, is amended to

read as follows:

Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall

produce and make available to the public on the agency's Internet

website annual district and campus-level reports containing

information from the previous school year on early education in

school districts and open-enrollment charter schools. A report

under this section must contain:

(1) the information required by Section 29.1532(c) to

be reported through the Public Education Information Management

System (PEIMS);

(2) a description of the [
diagnostic
] reading

instruments administered in accordance with Section
28.006(c-2)

[
28.006(c) or (c-2)
];

(3) the number of students who were administered a

[
diagnostic
] reading instrument administered in accordance with

Section
28.006(c-2)
[
28.006(c) or (c-2)
];

(4) the number of students whose scores from a

[
diagnostic
] reading instrument administered in accordance with

Section
28.006(c-2)
[
28.006(c) or (c-2)
] indicate
kindergarten

readiness in
reading [
proficiency
];

(5) the number of kindergarten students who were

enrolled in a prekindergarten program
, including a program offered

through a partnership under Section 29.153,
in the previous school

years
[
year
] in the same district or school as the district or

school in which the student attends kindergarten;

(6) the number and percentage of students who perform

satisfactorily on the third grade reading or mathematics assessment

instrument administered under Section 39.023, disaggregated by

whether the student was eligible for free prekindergarten under

Section 29.153;

(7) the number of students described by Subdivision

(6) who attended kindergarten in the district, disaggregated by:

(A) whether the student met the kindergarten

readiness standard on
a
[
the
] reading instrument adopted under

Section 28.006;

(B) whether the student attended prekindergarten

in the district
, including a program offered through a partnership

under Section 29.153
; and

(C) the type of prekindergarten the student

attended, if applicable; and

(8) the information described by Subdivisions (6) and

(7) disaggregated by whether the student is educationally

disadvantaged.

SECTION 16. Section 29.161(c), Education Code, is amended

to read as follows:

(c) The system must:

(1) be reflective of research in the field of early

childhood care and education;

(2) be well-grounded in the cognitive, social, and

emotional development of young children;

(3) apply a common set of criteria to each program

provider seeking certification, regardless of the type of program

or source of program funding; and

(4) be capable of fulfilling the reporting and notice

requirements of
Section
[
Sections
] 28.006(d) [
and (g)
].

SECTION 17. Subchapter E, Chapter 29, Education Code, is

amended by adding Section 29.163 to read as follows:

Sec.

29.163.

EARLY CHILDHOOD PARENTAL SUPPORT. (a)

The

agency shall establish a list of programs that provide early

childhood parental support.

The programs must:

(1) provide for optional participation by a parent;

(2)

be designed to assist a parent in supporting the

parent's child in attaining kindergarten readiness;

(3)

have demonstrated, through evidence including

randomized controlled trials, that the program:

(A) promotes kindergarten readiness; and

(B) increases attendance rates; and

(4) have an established implementation model.

(b)

A school district or open-enrollment charter school may

offer a program on the list under Subsection (a) to families with a

child eligible for prekindergarten who reside in the district's or

school's attendance zone.

SECTION 18. Section 29.167, Education Code, is amended by

amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to

read as follows:

(b-1) Notwithstanding Subsection (b), each teacher for a

prekindergarten class provided by an entity with which a school

district contracts to provide a prekindergarten program must:

(1) be
certified under Subchapter B, Chapter 21, to

teach prekindergarten or
supervised by a person who meets the

requirements under Subsection (b); [
and
]

(2) have one of the following qualifications:

(A) at least two years' experience of teaching in

a nationally accredited child care program or a Texas Rising Star

Program and:

(i) a Child Development Associate (CDA)

credential or another early childhood education credential

approved by the agency; or

(ii) certification offered through a

training center accredited by Association Montessori

Internationale or through the Montessori Accreditation Council for

Teacher Education; or

(B) a qualification described by Subsection

(b)(2)(A), (D), (E), or (F)
; and

(3)

when appropriate, be appropriately certified or be

supervised by a person who is appropriately certified to provide

effective instruction to emergent bilingual students, as defined by

Section 29.052, enrolled in the prekindergarten program
.

(b-3) Subsections (b-1)
,
[
and
] (b-2)
, and (b-4)
and this

subsection expire September 1, 2029.

(b-4)

Subsections (b-1) and (b-2) apply to any

prekindergarten class provided by an entity with which a school

district contracts to provide a prekindergarten program under

Section 29.153.

SECTION 19. Sections 29.934(b) and (d), Education Code, are

amended to read as follows:

(b) To apply to be designated as a resource campus under

this section, the campus must have received an overall performance

rating under Section 39.054 of
D or
F
, or an overall performance

rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated,"
for

three
[
four
] years over a 10-year period of time.

(d) To be designated as a resource campus, the campus must:

(1) implement a targeted improvement plan as described

by Chapter 39A and establish a school community partnership team;

(2) adopt an accelerated campus excellence turnaround

plan as provided by Section 39A.105(b) [
except that a classroom

teacher who satisfies the requirements for demonstrated

instructional effectiveness under Section 39A.105(b)(3) must also

hold a current designation assigned under Section 21.3521
];

(3) be in a school district that has adopted an

approved local optional teacher designation system under Section

21.3521;

(4) satisfy certain staff criteria by:

(A) requiring a principal or teacher employed at

the campus before the designation to apply for a position to

continue at the campus;

(B)
for a subject in the foundation curriculum

under Section 28.002(a)(1):

(i)
employing only teachers who have at

least
two
[
three
] years of teaching experience;
and

(ii)

ensuring that at least 50 percent of

teachers hold a current designation assigned under Section 21.3521;

(C) employing at least one school counselor for

every 300 students; and

(D) employing at least one appropriately

licensed professional to assist with the social and emotional needs

of students and staff, who must be a:

(i) family and community liaison;

(ii) clinical social worker;

(iii) specialist in school psychology; or

(iv) professional counselor;

(5) implement a positive behavior program as provided

by Section 37.0013;

(6) implement a family engagement plan as described by

Section 29.168;

(7) develop and implement a plan to use high quality

instructional materials;

(8) if the campus is an elementary
or middle school

campus, operate the campus for a school year that qualifies for

funding under Section 48.0051; and

(9) annually submit to the commissioner data and

information required by the commissioner to assess fidelity of

implementation.

SECTION 20. Effective September 1, 2028, Section 29.934,

Education Code, is amended by amending Subsection (b) and adding

Subsection (b-1) to read as follows:

(b) To apply to be designated as a resource campus under

this section, the campus must have received an overall performance

rating under Section 39.054 of
D or
F
, or an overall performance

rating under Section 39.054(a-4)(1) of "Not Rated,"
for
three

[
four
] years over a 10-year period of time.

(b-1)

Notwithstanding Subsection (b), a campus may apply to

be designated as a resource campus under this section if the campus

received an overall performance rating under Section 39.054 of D or

F, or an overall performance rating under Section 39.054(a-4)(1) or

former Section 39.0546 of "Not Rated," for three years over a

10-year period of time.

This subsection expires September 1, 2033.

SECTION 21. Subchapter B-1, Chapter 31, Education Code, is

amended by adding Section 31.0754 to read as follows:

Sec.

31.0754.

COMMUNICATION REGARDING HIGH QUALITY

INSTRUCTIONAL MATERIALS. (a) Notwithstanding Chapter 2113,

Government Code, the commissioner may enter into contracts or

agreements and engage in efforts to communicate information to

parents, classroom teachers, school districts, and open-enrollment

charter schools regarding the educational value, particularly the

impact on reading and math achievement, of open education resource

instructional materials made available under this subchapter,

including activities to promote, market, and advertise the content

included in and how to use those materials.

(b)

The commissioner may use appropriated funds or funds

appropriated for the development of open education resource

instructional materials under this subchapter to pay for activities

authorized under this section.

SECTION 22. Section 38.003, Education Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a)
The State Board of Education shall identify the

necessary criteria and elements that provide for universal

screening
[
Students enrolling in public schools in this state shall

be screened or tested, as appropriate,
] for dyslexia and related

disorders
for students
[
at appropriate times in accordance with a

program approved by the State Board of Education.

The program must

include screening at the end of the school year of each student
] in

kindergarten and [
each student in the
] first grade.

(a-1)

The criteria and elements identified under Subsection

(a) must be included in the reading instruments adopted or approved

under Section 28.0063 and administered in accordance with the

timelines established under that section.

SECTION 23. Section 39.333, Education Code, is amended to

read as follows:

Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of

the comprehensive biennial report under Section 39.332, the agency

shall submit a regional and district level report covering the

preceding two school years and containing:

(1) a summary of school district compliance with the

student/teacher ratios and class-size limitations prescribed by

Sections 25.111 and 25.112, including:

(A) the number of campuses and classes at each

campus granted an exception from Section 25.112; and

(B) for each campus granted an exception from

Section 25.112, a statement of whether the campus has been awarded a

distinction designation under Subchapter G or has been identified

as an unacceptable campus under Chapter 39A;

(2) a summary of the exemptions and waivers granted to

campuses and school districts under Section 7.056 or 39.232 and a

review of the effectiveness of each campus or district following

deregulation;

(3) an evaluation of the performance of the system of

regional education service centers based on the indicators adopted

under Section 8.101 and client satisfaction with services provided

under Subchapter B, Chapter 8;
and

(4) [
an evaluation of accelerated instruction

programs offered under Section 28.006, including an assessment of

the quality of such programs and the performance of students

enrolled in such programs; and

[
(5)
] the number of classes at each campus that are

currently being taught by individuals who are not certified in the

content areas of their respective classes.

SECTION 24. Section 48.005, Education Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) In this chapter, average daily attendance is:

(1) the quotient of the sum of attendance for each day

of the minimum number of days of instruction as described under

Section 25.081(a) divided by the minimum number of days of

instruction;

(2) for a district that operates under a flexible year

program under Section 29.0821, the quotient of the sum of

attendance for each actual day of instruction as permitted by

Section 29.0821(b)(1) divided by the number of actual days of

instruction as permitted by Section 29.0821(b)(1);

(3) for a district that operates under a flexible

school day program under Section 29.0822, the average daily

attendance as calculated by the commissioner in accordance with

Sections 29.0822(d) and (d-1); or

(4)
except as provided by Subsection (a-1),
for a

district that operates a half-day program or a full-day program

under Section 29.153(c), one-half of the average daily attendance

calculated under Subdivision (1).

(a-1)

Average daily attendance is calculated under

Subsection (a)(1) for students:

(1)

enrolled in a half-day program or full-day program

under Section 29.153(c) provided by an eligible private provider

under Section 29.171; and

(2) assigned to a campus:

(A)

that is operated under a contract entered

into by the district with an entity under Section 11.174 or an

eligible private provider under Section 29.171; or

(B)

of an open-enrollment charter school that is

operated by an entity governed by a management contract approved by

the agency.

SECTION 25. Section 48.0051, Education Code, is amended by

amending Subsections (a), (b), and (d) and adding Subsection (b-1)

to read as follows:

(a)
The
[
Subject to Subsection (a-1), the
] commissioner

shall adjust the average daily attendance of a school district or

open-enrollment charter school under Section 48.005 in the manner

provided by Subsection (b) if the district or school:

(1) provides the minimum number of minutes of

operational and instructional time required under Section 25.081

and commissioner rules adopted under that section over at least
175

[
180
] days of instruction; and

(2) offers an additional 30 days of half-day

instruction for students enrolled in prekindergarten through

eighth
[
fifth
] grade.

(b)
Subject to Subsection (b-1), for
[
For
] a school district

or open-enrollment charter school described by Subsection (a), the

commissioner shall increase the average daily attendance of the

district or school under Section 48.005 by the amount that results

from the quotient of the sum of attendance by students described by

Subsection (a)(2) for each of the 30 additional instructional days

of half-day instruction that are provided divided by
175
[
180
].

(b-1)

For a school district or open-enrollment charter

school described by Subsection (a) that provides at least 200 full

days of instruction to students described by Subsection (a)(2), the

commissioner shall increase the amount computed for the district or

school under Subsection (b) by 50 percent.

(d) This section does not prohibit a school district from

providing the minimum number of minutes of operational and

instructional time required under Section 25.081 and commissioner

rules adopted under that section over fewer than
175
[
180
] days of

instruction.

SECTION 26. Subchapter A, Chapter 48, Education Code, is

amended by adding Section 48.0052 to read as follows:

Sec.

48.0052.

INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS

FOR READING INTERVENTIONS. (a) The commissioner shall adjust the

average daily attendance of a school district or open-enrollment

charter school under Section 48.005 in the manner provided by

Subsection (b) if the district or school:

(1)

does not qualify for funding under Section

48.0051;

(2)

provides the minimum number of minutes of

operational and instructional time required under Section 25.081

and commissioner rules adopted under that section; and

(3)

offers up to an additional 30 days of half-day

instruction consisting of reading interventions described by

Section 28.0064 for students who are required to be provided

reading interventions under that section.

(b)

For a school district or open-enrollment charter school

described by Subsection (a), the commissioner shall increase the

average daily attendance of the district or school under Section

48.005 by 50 percent of the amount that results from the quotient of

the sum of attendance by students described by Subsection (a)(3)

for each of the additional instructional days of half-day

instruction that are provided divided by 175.

(c)

The agency shall assist school districts and

open-enrollment charter schools in qualifying for the incentive

under this section.

(d)

The commissioner shall adopt rules necessary for the

implementation of this section.

SECTION 27. Section 48.108, Education Code, is amended by

amending Subsections (a), (b), and (c) and adding Subsection (a-1)

to read as follows:

(a) For each student in average daily attendance in

kindergarten through third grade, a school district is entitled to

an annual allotment equal to the basic allotment multiplied by

0.01.

(a-1)

In addition to the allotment under Subsection (a), a

school district is entitled to an annual allotment equal to the

basic allotment multiplied by 0.1 for each student in average daily

attendance in kindergarten through third grade who
[
0.1 if the

student
] is:

(1) educationally disadvantaged; or

(2) an emergent bilingual student, as defined by

Section 29.052, and is in a bilingual education or special language

program under Subchapter B, Chapter 29.

(b) Funds allocated under this section must be used to fund
:

(1)

the attendance of teachers employed by the

district at teacher literacy achievement academies under Section

21.4552 or teacher mathematics achievement academies under Section

21.4553;

(2)

prekindergarten programs under Subchapters E and

E-1, Chapter 29; and

(3)
programs and services designed to improve student

performance in reading and mathematics in prekindergarten through

third grade, including programs and services designed to assist the

district in achieving the goals set in the district's early

childhood literacy and mathematics proficiency plans adopted under

Section 11.185.

(c) A school district is entitled to an allotment under each

subdivision of Subsection
(a-1)
[
(a)
] for which a student

qualifies.

SECTION 28. Subchapter C, Chapter 48, Education Code, is

amended by adding Section 48.122 to read as follows:

Sec.

48.122.

EARLY LITERACY INTERVENTION ALLOTMENT. (a)

Except as provided by Subsections (b) and (c), for each enrolled

student receiving reading interventions under Section 28.0064, a

school district is entitled to an annual allotment of $250, or a

greater amount provided by appropriation.

(b)

A school district may not receive funding under this

section for a student for which the district receives an allotment

under Section 48.103.

(c)

A school district may receive funding under this section

for not more than 10 percent of students enrolled in the district in

kindergarten through third grade.

SECTION 29. Subchapter G, Chapter 48, Education Code, is

amended by adding Sections 48.316 and 48.317 to read as follows:

Sec.

48.316.

EARLY CHILDHOOD PARENTAL SUPPORT FUNDING. (a)

A school district or open-enrollment charter school that implements

an early childhood parental support program on the list established

by the agency under Section 29.163 may elect to receive a funding

adjustment as provided by this section.

(b)

For each child who is eligible to receive free

prekindergarten under Section 29.153 and whose family participates

in an early childhood parental support program under Section 29.163

offered by a school district or open-enrollment charter school, the

district or school is entitled to an amount equal to the basic

allotment multiplied by 0.2.

(c)

For each child for whom a school district or

open-enrollment charter school receives funding under Subsection

(b) for a school year, the commissioner shall reduce the district's

or school's entitlement under this chapter for the subsequent five

school years by an amount equal to the basic allotment multiplied by

0.02.

(d)

Notwithstanding any other provision of this chapter or

Chapter 49, the agency may make a modification to the Foundation

School Program requirements to ensure that a school district's or

open-enrollment charter school's entitlement is adjusted only as

necessary for the district or school to receive funding in

accordance with this section.

Sec.

48.317.

THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;

FUNDING ADJUSTMENT. (a) A student to whom the agency provides a

grant under Section 28.02111 is entitled to receive an amount of

$750, or a greater amount provided by appropriation.

(b)

A student may receive only one grant under Section

28.02111.

(c)

Subject to Subsection (d), beginning with the 2030-2031

school year, the agency shall reduce the school district's

entitlement under this chapter each school year by $750 for each

student who both:

(1)

received and used a grant under Section 28.02111

during the preceding school year; and

(2)

was enrolled in the district from kindergarten

through third grade.

(d)

For a student described by Subsection (c) who is

eligible to participate in a school district's special education

program under Section 29.003, the agency shall reduce the

district's entitlement in accordance with Subsection (c) by $325.

(e)

Notwithstanding Section 7.057, a determination by the

commissioner under this section is final and may not be appealed.

SECTION 30. The following provisions of the Education Code

are repealed:

(1) Section 7.058;

(2) Section 21.4552(f);

(3) Section 21.4553(f);

(4) Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),

(j), and (k); and

(5) Section 28.007.

SECTION 31. This Act does not make an appropriation. A

provision in this Act that creates a new governmental program,

creates a new entitlement, or imposes a new duty on a governmental

entity is not mandatory during a fiscal period for which the

legislation has not made a specific appropriation to implement the

provision.

SECTION 32. Sections 12.104, 21.4552, 21.4553, 25.085,

28.006, 29.153, 29.1543, 29.167, 29.934, and 39.333, Education

Code, as amended by this Act, and Sections 28.0063, 28.0064,

28.0065, 28.02111, and 29.163, Education Code, as added by this

Act, apply beginning with the 2025-2026 school year.

SECTION 33. (a) Sections 48.005, 48.0051, and 48.108,

Education Code, as amended by this Act, and Sections 48.0052,

48.122, 48.316, and 48.317, Education Code, as added by this Act,

take effect September 1, 2025.

(b) Except as provided by Subsection (a) of this section or

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 September 1, 2025.