TEC 28.0211 | TEC 28.0212 | TEC 28.0213 |TEC 28.006
TEC § 28.0211. Accelerated Instruction
Texas law requires all students who do not achieve approaches or higher on STAAR grades 3 through 8 or EOC assessments be provided accelerated instruction. These requirements, modified by House Bill 4545 of the 87th legislature and recently updated with the passage of House Bill 1416 in the 88th legislature, provide that qualifying students must be:
Assigned a TIA designated teacher for the subsequent school year in the applicable subject area;
OR
Provided supplemental instruction aligned with the research on high impact tutoring in the TEKS for the applicable grade levels and subject area in the following manner:
No less than 15 or 30 hours depending on student performance and is provided in the summer or at least once per week in the school year;
Limited to two subjects per year, prioritizing math and RLA;
Provided in a group of no more than four students, unless the parent or guardian of each student in the group authorizes a larger group;
Designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area and includes effective instructional materials designed for supplemental instruction;
Provided by a person with training in the applicable instructional materials for the supplemental instruction and provided by one person for the entirety of their accelerated instruction.
Texas Education Code § 28.0213. Intensive Program of Instruction | Legal Framework
(a) A school district shall offer an intensive program of instruction to a student who:
(1) does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade nine, as determined by the district.
(e) For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to:
(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and
(2) if applicable, carry out the purposes of Section 28.0211
Purpose: The purpose of IPI is to enable a student to perform at the student’s grade level at the conclusion at the next school term or achieve a specified standard of growth, and if applicable, carry out the purposes of AI. For students with IEPs the standard of annual growth is determined on the basis of the student’s IEP.
Who: The IPI requirement pertains to students in grades 3-12 who do not perform satisfactorily on STAAR or STAAR Alternate 2; and students, who are not likely to receive a high school diploma before the fifth school year after enrollment in 9th grade.
ARDC Role: ARD committees are responsible for designing the IPI for students served by special education.
Documentation: The current law does not explicitly state how IPI should be documented.
House Bill 2, Article 5, Section 5.29, repealed, with an immediate effective date, the requirement that school systems administer a grade 7 reading instrument at the beginning of the school year to students who did not demonstrate reading proficiency in grade 6.
TEC § 28.006. Reading Diagnosis | Legal Framework
(c) Each school district shall administer, at the first and second grade levels, a reading instrument on the list adopted by the commissioner or by the district-level committee. The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).
(1) Each school district shall administer at the beginning of the seventh grade a reading instrument adopted by the commissioner to each student whose performance on the assessment instrument in reading administered under Section 39.023(a) to the student in grade six did not demonstrate reading proficiency, as determined by the commissioner. The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).
(2) 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).
(3) The commissioner by rule shall determine the performance on the reading instrument adopted under Subsection (b) that indicates kindergarten readiness.
(g) A school district shall notify the parent or guardian of each student in kindergarten or first or second grade who is determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties. The district shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to those students and shall determine the form, content, and timing of that program. The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter B, Chapter 29, and who does not perform satisfactorily on a reading instrument under this section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.
(1) A school district shall provide additional reading instruction and intervention to each student in seventh grade assessed under Subsection (c-1), as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument...
Create an AIP/IPI as soon as possible upon determining the student was unsuccessful in one or more areas of the state assessment or upon determining that the student is not likely to receive a high school diploma before the fifth school year following the student's enrollment in ninth grade
This must be done no later than the student's annual ARD
Hold a properly constituted ARD committee meeting to develop the student’s AIP/IPI, or if agreed upon by the parent/guardian, through the amendment process
Design an AIP/IPI based on the results of state assessments
Describe the AIP/IPI the student will be provided to address areas of need for each assessment where the student did not perform satisfactorily
Include the frequency, duration, and location of the delivery of the AIP/IPI and the staff members responsible for carrying out the plan
Write out the target area(s) of acceleration
Include how the student’s progress will be monitored and who is responsible for monitoring and reporting the progress to the parent
Keep evidence of progress monitoring in the student’s file
Consider that an AIP/IPI is an ongoing support for a student who does not pass a STAAR or is at risk of not graduating and should be revisited and updated accordingly
Document the IPI in writing within the deliberations section of the IEP or as a supplemental attachment
Provide a copy of the IPI and its amendments to the student’s parent/guardian
Texas SPED Support houses a variety of trainings and resources to support this spotlight topic.