Current through Reg. 49, No. 38; September 20, 2024
(a) Definition of accelerated instruction.
For purposes of this chapter, " accelerated instruction" means instruction
required under Texas Education Code (TEC), §28.0211(a-1) and, if
applicable, (a-4).
(b) Requirements
for accelerated instruction.
(1) Each time a
student fails to perform satisfactorily on an assessment instrument
administered under TEC, §
39.023(a),
in Grades 3-8, or on an end-of-course assessment instrument administered under
TEC, §
39.023(c),
other than an assessment instrument developed or adopted based on alternative
academic achievement standards, the school district or open-enrollment charter
school the student attends shall provide to the student accelerated instruction
in the applicable subject area during the subsequent summer or school year and,
subject to TEC, §
28.0211(a-7) and
(a-8), either:
(A) allow the student to be assigned a
classroom teacher who is certified as a master, exemplary, or recognized
teacher under TEC, §
21.3521, for the
subsequent school year in the applicable subject area; or
(B) provide the student supplemental
instruction under TEC, §
28.0211(a-4).
(2) The superintendent of each
school district and chief administrative officer of each open-enrollment
charter school shall establish procedures to ensure that each eligible student
who is absent or does not receive a test score for any test administration
shall receive appropriate accelerated instruction as warranted on an individual
student basis.
(3) Paragraph (2) of
this subsection may not be used to excuse a student from appropriate
accelerated instruction required by this subsection.
(c) Participation in accelerated instruction.
Accelerated instruction may require a student to participate before or after
normal school hours and may include participation at times of the year outside
normal school operations. Each school district and open-enrollment charter
school shall be responsible for providing transportation to students required
to attend accelerated instruction programs if the programs occur outside of
regular school hours, unless the school district or charter school does not
operate, contract, or agree with another entity to operate a transportation
system.
(1) In providing accelerated
instruction, a school district or an open-enrollment charter school may not
remove a student from recess or from the foundation or enrichment curriculum as
defined in TEC, §
28.002, except under
circumstances for which a student enrolled in the same grade level who is not
receiving accelerated instruction would be removed. The foundation curriculum
includes English language arts, mathematics, science, and social studies.
Courses in the enrichment curriculum include languages other than English;
health, with emphasis on physical health, proper nutrition, and exercise;
mental health, including instruction about mental health conditions, substance
abuse, skills to manage emotions, establishing and maintaining positive
relationships, and responsible decision making; suicide prevention; physical
education; fine arts; career and technical education; technology applications;
religious literature; and personal financial literacy.
(2) In the event that a school week is three
or less instructional days, the school is exempt from meeting the requirement
of meeting once per week for accelerated instruction.
(d) Content and delivery of supplemental
instruction. Supplemental instruction shall be based on, but not limited to,
targeted instruction in the essential knowledge and skills for the applicable
grade levels and subject areas and be provided by a person with training in the
applicable instructional materials for the supplemental instruction and under
the oversight of the school district or open-enrollment charter school.
Supplemental instruction shall be provided as outlined in TEC, §
28.0211(a-4)(1) and
(2), to a student individually or in a group
of no more than four students, unless the parent or guardian of each student in
the group authorizes a larger group. School districts and charter schools
choosing to provide supplemental instruction to a student under subsection
(b)(1)(B) of this section shall provide students who fail to perform
satisfactorily on an assessment instrument specified under TEC, §
28.0211(a-1):
(1) no less than 15 hours of supplemental
instruction; or
(2) no less than 30
hours of supplemental instruction for students who scored Low Did Not Meet
Grade Level as indicated by state-provided district-level data files or failed
to perform satisfactorily on any Grade 3 assessment.
(e) Accelerated education plans. For each
student who does not perform satisfactorily on an assessment instrument
specified under TEC, §
28.0211(a-1),
for two or more consecutive school years in the same subject area, the school
district or open-enrollment charter school the student attends shall develop an
accelerated education plan as described by TEC, §
28.0211(f),
and provide the student at least 30 hours of supplemental instruction. A school
district or charter school shall make a good faith attempt to provide to the
parent or guardian of a student to whom TEC, §
28.0211(b),
applies a parent-teacher conference with the student's primary teacher at the
start and end of the subsequent school year. At the conference, the school
district or charter school shall provide the student's parent or guardian with:
(1) the notice required under TEC, §
28.0211(a-14);
and
(2) an explanation of:
(A) the accelerated instruction to which the
student is entitled under this section; and
(B) the accelerated education plan that must
be developed for the student under TEC, §
28.0211(f),
and the manner in which the parent or guardian may participate in developing
the plan.
(f)
Request for teacher assignment. In accordance with TEC, §
28.0211(a-5),
the parent or guardian of a student who fails to perform satisfactorily on an
assessment instrument specified under TEC, §
28.0211(a-1),
may follow established school district or open-enrollment charter school
processes to request 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.
(g) Approval of Ratio Waiver List products
using automated, computerized, or other augmented method. The Texas Education
Agency (TEA) shall approve one or more products that use an automated,
computerized, or other augmented method for providing accelerated instruction
under TEC, §
28.0211(a-1)(2),
that may be used in lieu of some or all of the individual or group instruction
required under TEC, §
28.0211(a-4)(6),
as appropriate for the applicable grade level and subject area and a student's
academic deficiency. Products on the Ratio Waiver List do not require live,
in-person or online educators to deliver primary mode of instruction. TEA may
approve a product under this subsection only if evidence indicates that the
product is more effective than the individual or group instruction required
under TEC, §
28.0211(a-4)(6).
(1) For the purposes of this subsection, the
Ratio Waiver List consists of products that use an automated, computerized, or
other augmented method for providing accelerated instruction under TEC, §
28.0211(a-1)(2),
that may be used in lieu of some or all of the individual or group instruction
required under TEC, §
28.0211(a-4)(6),
as appropriate for the applicable grade level and subject area and a student's
academic deficiency.
(2) School
districts and open-enrollment charter schools may provide accelerated
instruction using a product on the Ratio Waiver List on the TEA website with
information related to accelerated instruction. The 4:1 student-to-teacher
ratio requirement in subsection (d) of this section does not apply to a school
district or charter school using a listed product to provide accelerated
instruction to its students.
(3)
School districts and open-enrollment charter schools shall:
(A) notify the parent or guardian of the use
of a product on the Ratio Waiver List for providing the required accelerated
instruction;
(B) ensure that the
required hours of supplemental instruction are completed prior to the
subsequent State of Texas Assessments of Academic Readiness (STAAR®)
administration;
(C) use a product
on the Ratio Waiver List remotely, regardless of primary mode of instruction
(i.e., in-person, virtual, or hybrid) only if the school district ensures that
time spent by the student engaged in the product is aligned with approved
product usage expectations documented by the school district;
(D) adhere to the product usage fidelity
requirements by product as approved by TEA to waive ratio requirements. A
school district not fulfilling usage fidelity with a product will be required
to revert to the 4:1 ratio for supplemental instruction as specified in
subsection (d) of this section; and
(E) be responsible for contracting and
funding the selected vendors included on the TEA list of approved
vendors.
(4) Entities
seeking Ratio Waiver List vendor approval shall follow a process required by
TEA.
(h) Accelerated
instruction waivers. Under TEC, §
28.0211(q),
the commissioner of education may waive requirements of accelerated instruction
for a school district or an open-enrollment charter school as outlined in this
subsection.
(1) For the purposes of this
subsection:
(A) "significantly below
satisfactorily" is defined as achieving a performance level of Low Did Not Meet
Grade Level on a STAAR® mathematics or reading administration;
(B) "satisfactorily" is defined as achieving
a performance level of Approaches or better on a STAAR® mathematics or
reading administration; and
(C)
"educationally disadvantaged" is defined as being identified in the Texas
Student Data System Public Education Information Management System (TSDS PEIMS)
as being eligible to participate in the national free or reduced-price lunch
program established under 42 U.S.C. §1751 et seq.
(2) Only those subject areas for which two
consecutive years of assessment instrument distribution can be positively
identified (i.e., mathematics and reading) for all students based on their
grade level shall be considered in the determination of this waiver.
(3) A school district or an open-enrollment
charter school shall be eligible for the one-year waiver if it meets all of the
following conditions when reviewing the most recent available year of
STAAR® data:
(A) 60% of total students
eligible to receive accelerated instruction in mathematics and 60% of total
students eligible to receive accelerated instruction in reading score
satisfactorily on the applicable subject area assessment instrument;
(B) 60% of students eligible to receive
accelerated instruction who scored significantly below satisfactorily in the
prior year score satisfactorily on the applicable subject area assessment
instrument(s). This condition is only applicable if at least 10 students
receiving accelerated instruction scored significantly below satisfactorily in
the prior year; and
(C) at least
50% of students receiving special education services or qualifying as
educationally disadvantaged who received accelerated instruction in mathematics
and/or reading score satisfactorily on the subsequent applicable subject area
assessment instrument(s). This condition is only applicable if at least 10
students who received accelerated instruction receive special education
services or qualified as educationally disadvantaged.
(4) TEA shall generate a yearly report that
identifies all school districts and open-enrollment charter schools that meet
all applicable conditions and are consequently eligible for the one-year
waiver.
(5) Eligible school
districts and open-enrollment charter schools shall be notified via TEA
communication pathways upon the publication of the annual list.
(6) Upon distribution of the annual
notification, eligible school districts and open-enrollment charter schools
shall have 45 days to apply for the waiver using the Accelerated Instruction
Waiver under TEA Login (TEAL).
(7)
The one-year waiver application shall contain the following at minimum:
(A) the school district or open-enrollment
charter school's name;
(B) the
signature of the school district's superintendent or the chief administrative
officer of an open-enrollment charter school;
(C) documentation of the approval of the
board of trustees or governing board, as applicable; and
(D) an explanation of how the school district
or open-enrollment charter school will evaluate the impact of the waiver on
student performance.
(i) Repeating a high school course.
(1) For the purpose of this subsection,
credit recovery means completing a certain number of assignments to satisfy the
course requirements after failure or a certain number of seat hours after
excessive absences.
(2) For courses
taken for high school credit, a student who is required to repeat any course in
which the student was enrolled in during the previous school year and who is
eligible for accelerated instruction for the current school year is exempt from
accelerated instruction requirements for that specific course if that course is
retaken in its entirety (i.e., to earn a full credit). However, a student who
is participating in credit recovery is still required to receive accelerated
instruction.
