| (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
Cont'd... |
