Current through Reg. 49, No. 12; March 22, 2024
(a) Definition of
supplemental accelerated instruction. For purposes of this chapter,
"supplemental accelerated instruction" means instruction required under Texas
Education Code (TEC), §28.0211(a-1) and, if applicable, (a-4).
(b) Requirements for supplemental 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, the school district or open-enrollment charter school the
student attends shall:
(A) provide to the
student supplemental accelerated instruction in the applicable subject area
during the subsequent summer or school year; or
(B) 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.
(2) Each time a student fails to
perform satisfactorily as determined by the commissioner under TEC, §
39.0241(a),
on an end-of-course assessment instrument, a school district or open-enrollment
charter school shall:
(A) provide to the
student supplemental accelerated instruction under TEC, §
28.0217,
in the subject assessed by the assessment instrument; or
(B) 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.
(3) For a student served by
special education who does not perform satisfactorily on an assessment
instrument administered under TEC, §
39.023(a),
the student's admission, review, and dismissal (ARD) committee must determine
the manner in which the student will engage in supplemental accelerated
instruction. ARD committees must consider the individual needs of a student
with a disability when determining the manner in which supplemental accelerated
instruction is to be provided to the student. If supplemental accelerated
instruction is to be provided to the student, the supplemental accelerated
instruction must meet the requirements outlined in this subsection unless the
ARD committee specifically determines that some or all of the requirements for
supplemental accelerated instruction would deny the student access to a free
appropriate public education (FAPE).
(4) 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 supplemental accelerated instruction as warranted on an
individual student basis.
(c) Participation in supplemental accelerated
instruction. Supplemental 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 supplemental accelerated
instruction programs if the programs occur outside of regular school hours.
(1) In providing supplemental 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 supplemental 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 supplemental accelerated instruction.
(d) Content and delivery of
supplemental accelerated instruction. Supplemental accelerated 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 accelerated instruction and under the oversight of the
school district or open-enrollment charter school. Supplemental accelerated
instruction shall be provided as outlined in TEC, §
28.0211(a-4)(2)-(5)
and (8), 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.
(e) Accelerated learning committee. A school
district or an open-enrollment charter school shall establish an accelerated
learning committee described by TEC, §
28.0211(c),
for each student who does not perform satisfactorily on a mathematics or
reading assessment instrument under TEC, §
39.023,
in Grade 3, 5, or 8.
(1) 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.
If a student is changing campuses, the committee must include the receiving
principal or designee, the sending principal or designee, the receiving content
teacher or designee, and the sending content teacher or designee.
(2) The school district or open-enrollment
charter school shall notify the parent or guardian of the time and place for
convening the accelerated learning committee and the purpose of the
committee.
(3) The accelerated
learning committee shall, not later than the start of the subsequent school
year, develop an educational plan for the student that provides the necessary
supplemental accelerated instruction to enable the student to perform at the
appropriate grade level by the conclusion of the school year. The provisions of
TEC, §
28.0211(f-1)
-(f-5), (h), and (j), must be satisfied, where applicable, in connection with
the development and implementation of the educational plan.
(f) Requirements for an ARD
committee serving as an accelerated learning committee.
(1) The ARD committee must serve as the
accelerated learning committee for a student served by special education who
does not perform satisfactorily on an assessment instrument described by
subsection (e) of this section.
(2)
The ARD committee must serve as the accelerated learning committee for students
who meet the criteria for participation in alternative assessment instruments
under TEC, §
39.023(b),
who do not perform satisfactorily on a mathematics or reading assessment
instrument in Grade 3, 5, or 8. The ARD committee must determine the manner in
which the student will participate in supplemental accelerated instruction;
however, the requirements for supplemental accelerated instruction described by
subsection (b) of this section do not apply.
(3) In serving as the accelerated learning
committee for a student served by special education, the ARD committee must
meet and develop a plan in accordance with TEC, §
28.0211(f),
to determine the manner in which the student will participate in supplemental
accelerated instruction, and this meeting must include the required members of
a properly constituted ARD committee as described in §
89.1050
of this title (relating to The Admission, Review, and Dismissal
Committee).
(4) When the ARD
committee for a student served by special education serves as the accelerated
learning committee, efforts must be taken to ensure parental participation as
specified within the requirements of §
89.1050(d)
of this title and 34 Code of Federal Regulations §300.322.
(5) The ARD committee, serving as the
accelerated learning committee, must document decisions regarding supplemental
accelerated instruction in writing and a copy must be provided to the student's
parent or guardian in accordance with TEC, §
28.0211(f-1).
This documentation may either be included in ARD deliberations or as a
supplemental attachment to the student's individualized education
program.
(6) A parent or guardian
of a student served by special education may use a dispute resolution mechanism
specified in §
89.1150 of
this title (relating to General Provisions) to resolve any dispute between the
parent and a public education agency relating to the identification,
evaluation, or educational placement of or the provision of a FAPE to a student
with a disability. If a parent or guardian of a student served by special
education does not agree with the decision of the ARD committee serving as the
accelerated learning committee regarding supplemental accelerated instruction,
the parent or guardian may follow the school district grievance policy provided
for under TEC, §
28.0211(f-3).
(g) 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 a
mathematics or reading assessment in Grade 3, 5, or 8 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.