| (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.
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