House Bill 4545 Frequently Asked Questions

September 1, 2022

Table of Contents

House Bill 4545 Frequently Asked Questions 1

Table of Contents 1

Section A: General House Bill (HB) 4545 Questions 1

Section B: Accelerated Learning Committees 12

Section C: Scheduling and Documentation 15

Section D: Accelerated and Supplemental Instruction/Tutoring Questions 23

Section E: Teacher Assignment 33

Section F: Retired Teachers 37

Section G: Students with Disabilities 39

Section H: 504/Dyslexia 45

Section I: LPAC/Emergent Bilingual 46

Section J: ADSY 48

Section K: TCLAS and HB 4545 49

Section A: General House Bill (HB) 4545 Questions

1. Compliance

Given the significant additional requirements for districts and the short timeline for

implementation, how will TEA be enforcing compliance with these new requirements,

especially during this first year of implementation?

We recognize HB 4545 includes many new requirements for districts to implement.

Therefore, TEA is focusing on providing as much guidance and support as possible to

districts to meet the requirements and intent of this new statute. While TEA recognizes

that it may take time for local educational agencies (LEAs) to make the types of master

scheduling and staffing changes to meet these requirements, we do not plan to strictly

enforce compliance in the first year if districts are making reasonable efforts to meet

Formatting

Update

the requirements and there is no evidence of willful non-compliance with the statutory

requirements.

School districts should prepare for full implementation of the necessary requirements in

the 2022-23 school year. Starting in the 2022-23 school year, compliance with and

adherence to HB 4545 statutory requirements will be enforced.

2. Required Documentation

What documentation is required to prove compliance, and what process is used to

enforce compliance?

Documentation that would serve as evidence of compliance includes student schedules

that include dates and duration of the tutoring, the tutor assignment, the tutor-to-

student ratio, targeted subject area, and minutes completed. Other documentation that

may be needed include any parent/guardian waivers that indicate a group greater than

3:1 was approved by the parent/guardian.

The process to ensure HB 4545 compliance with the local educational agency (LEA)

would start at the local level with a stakeholder accessing the LEA’s grievance process,

and, if a resolution is not achieved, the complainant could file a complaint with TEA. A

complaint filed with TEA raising this allegation will likely be referred to the Compliance

Review Unit, which will work with the identified LEA to come into compliance to the

extent it is not. Should the LEA remain out of compliance, TEA may investigate and issue

sanctions against the LEA for ongoing non-compliance with HB 4545 requirements.

3. Implementation Timeline

What is the implementation timeline for HB 4545?

HB 4545 is effective immediately starting June 16, 2021, and it applies to accelerated

instruction required for or delivered during the 2021–22 school year. LEAs (local

educational agencies) should evaluate spring 2021 STAAR scores to identify students

requiring accelerated instruction in the 2021–22 school year. LEAs must, as soon as

practicable (i.e., over the summer), adopt policies for contesting the content or

implementation of educational plans developed by Accelerated Learning Committees

(ALCs).

For school year 2021–22:

Accelerated instruction: For any student who did not pass STAAR grades 3–8 or EOC

assessments, accelerated instruction must be delivered in the 2021–22 school year

(starting in fall 2021). Accelerated instruction entails either 1) assigning a classroom

teacher who is a certified master, exemplary, or recognized teacher; or

2) delivering supplemental instruction (i.e., tutoring) before or after school, or

embedded in the school day and meeting HB 4545 requirements.

Accelerated instruction delivered in summer 2021 will only satisfy the HB 4545

requirements if the criteria for accelerated instruction were met.

Accelerated Learning Committees: LEAs are required to establish ALCs for students who

did not pass STAAR grade 3, 5, or 8 math and/or reading tests beginning at the start of

the 2021–22 school year in August. However, LEAs may find it beneficial to start

establishing these committees and developing individual student plans in summer 2021

for two reasons:

• Completing this work in the summer prepares LEAs to begin the implementation

process at the start of the school year.

• Under HB 4545, parents have the right to request a different teacher.

Establishing the ALC in the summer would provide a window of opportunity to

address in advance parent requests for different teachers and manage staffing

and scheduling accordingly.

For school year 2022–23 and beyond:

Accelerated instruction: The above guidance for accelerated instruction continues to

apply in the subsequent summer and school year.

Accelerated Learning Committees: S

tarting summer 2022, LEAs must establish ALCs and

develop individual student plans during the summer and prior to the start of the school

year based on the latest STAAR results.

4. Categorizing Students Who Did Not Take Spring 2021 STAAR

How should we categorize students who did not take STAAR in spring 2021? Should

they automatically be categorized as students requiring accelerated instruction?

Prior law required LEAs (local educational agencies) to provide accelerated instruction

to any student who does not perform satisfactorily (i.e., achieves Approaches Grade

Level or above) on a STAAR assessment. These requirements are included in the

following sections of the Texas Education Code (TEC): §§28.0211, 28.0213, 28.0217,

29.081, and 39.025. This part of the law was not changed. 19 Texas Administrative Code

(TAC) §101.2005(c) indicates that students who are absent or otherwise do not have

valid assessments did not perform satisfactorily and, as a result, are required to receive

accelerated instruction.

However, Commissioner and Gubernatorial waivers offered during the 2020-21 school

year altered the assessment requirement framework for that year. As a result, school

systems may decide to administer an assessment designed to show grade level

proficiency on the Texas Essential Knowledge and Skills (TEKS) (e.g., the state provided

Beginning-of-Year [BOY] Assessments) for students who did not participate in state

assessments during the 2020-21 school year. School systems must determine the TEKS-

aligned assessment that they will use and will review and determine locally if the

assessment shows the student achieved satisfactory performance and if accelerated

instruction during the 2021–22 school year is required. Note: parents who think their

students will still benefit from accelerated instruction should have the option to appeal

this decision if they disagree with the school system’s determination.

Please note that these waivers are not in place beyond the 2020-21 school year;

therefore, the applicability of provisions such as use of a BOY assessment in 2021-22 will

not continue in 22-23.

5. Assessments Showing Grade Level Proficiency

Can TEA tell me if an assessment meets the requirements of “an assessment designed

to show grade level proficiency on the TEKS”?

It is up to the district to determine whether an assessment is designed to show grade

level proficiency on the TEKS. We recommend districts use the state provided BOY

assessments as they are TEKS-aligned assessments.

6. Satisfactory Performance On STAAR

What is considered performing satisfactorily (passing)?

Students who have performed satisfactorily on STAAR achieved Approaches Grade

Level, Meets Grade Level, or Masters Grade Level. Students who did not perform

satisfactorily on STAAR achieved Did Not Meet Grade Level or did not test. Performance

in this category indicates that students are unlikely to succeed in the next grade or

course without significant, ongoing academic intervention. Students in this category do

not demonstrate a sufficient understanding of the assessed knowledge and skills.

7. Summer 2021- Accelerated Instruction Meeting HB 4545

Requirements

We believe our LEA (local educational agency) delivered / will deliver sufficient

accelerated instruction in summer 2021. How do we determine whether that

accelerated instruction meets HB 4545 requirements for 2021–22?

Accelerated instruction delivered in summer 2021 will only satisfy the HB 4545

requirement if the instruction encompasses the following:

• Delivers targeted TEKS-aligned instruction for the applicable grade level and

subject area(s)

• Is provided for no less than 30 hours total

• Includes 30 hours of accelerated instruction for each subject area a student

does not pass on STAAR grades 3-8 or EOC assessment

• Is designed to assist the student in achieving satisfactory performance in the

applicable grade level and subject area(s)

• Utilizes effective instructional materials designed for supplemental instruction

• Is delivered in a 1-on-1 or small group environment, with no more than 3

students in a small group (or in a larger ratio with permission from all parents or

guardians connected to students in the group)

• Is provided by an individual with training in aligned instructional materials and

under the LEA’s oversight

• To the extent possible, is provided by one person for the entirety of the

student’s supplemental instruction period

8. “School Week” Definition

What is the definition of a “week” in reference to HB 4545? For example, if our

calendar has us getting out of school on a Tuesday for Thanksgiving or returning on a

Tuesday or Wednesday from Christmas, do we have to provide time for remediation

during those weeks?

19 TAC, §76.1001(b) (re: extracurricular activities) defines "school week" as "...beginning

at 12:01 a.m. on the first instructional day of the calendar week and ending at the close

of instruction on the last instructional day of the calendar week, excluding holidays.”

The agency will be proposing a rule to provide an exemption to supplemental

instruction if the week is three or fewer days.

9. Stopping Accelerated Instruction

If the student passes the necessary STAAR EOC assessment after retesting can

accelerated instruction stop? How would this apply for STAAR in grades 3-8?

Yes, once a student passes the STAAR EOC assessment in which they previously did not

perform satisfactorily, they no longer show significant areas of academic weakness and

no longer need accelerated instruction. This would generally apply for the STAAR (3-8)

exam from year to year. If, for example, a current 4

grader failed the 3

grade Reading

STAAR, was assigned 30 hours of accelerated instruction, had only completed 20 hours

before the administration of the 4

grade Reading STAAR, and passed that STAAR exam,

then the final 10 hours would not be necessary, as the student would no longer show

areas of academic weakness in that content area.

In addition, if the student is a current 9

grader and did not pass the 8

grade Reading

STAAR, that student would not be required to finish all 30 hours of accelerated

instruction required from the 8

grade Reading STAAR once the student passes the

English I EOC. The same can be said for 8

grade Math when passing Algebra I and 8

grade Science when passing Biology.

Please note that students who fail to pass STAAR EOC exams have multiple retest

opportunities during the school year that could result in the students not needing to

complete unfinished accelerated instruction if the students pass the retest exams. If a

student retakes an EOC exam and does not pass the exam, the student will be required

to complete an additional 30 hours of accelerated instruction in addition to any

accelerated instruction hours that remain uncompleted after the previous EOC exam

failure.

10. Parent Request for Specific Teacher

When can parents request a teacher? Are parent requests for teachers limited to a

certain time during the school year or to certain grade levels?

Per TEC, §28.0211(a-5), each school system should develop a plan and establish

processes for allowing for a parent or guardian of a student who failed to perform

satisfactorily on an assessment instrument specified under TEC, §28.0211(a), (a third

grade, fifth grade, eighth grade mathematics or reading assessment instrument) to

make a request for district consideration 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 (with no concurrent right to have such requests

granted). It is up to LEAs (local educational agencies) to determine the timing and

process used to meet this requirement.

11. Parent Grievances

Does TEA have new board policy regarding parent grievances? Are there

recommendations regarding parent grievances for charter schools?

TASB will release Update 118 later this fall which will include a provision in policy EHBC

(LOCAL), Compensatory/Accelerated Services that will point parents to the district’s FNG

(LOCAL) should they have a concern about the content or implementation of the

educational plan developed by the accelerated learning committee. For additional

questions regarding board policy contact TASB. Charter schools should follow their

approved grievance policy to address any student/parent complaints.

12. Parent Notification/Waiver Letter Template

Regarding parent communication, will the state provide template letters for students

who fail STAAR?

Templates for parent notification/waiver letters are available here:

https://tea.texas.gov/texas-schools/health-safety-discipline/covid/accelerated-learning-

resources

13. Parent/Guardian STAAR Result Notification

Will we have to notify parents of any failures in STAAR grades 3–8?

Although the specific notice requirement in TEC, §28.0211(d) was repealed, LEAs (local

educational agencies) are still required to notify the parent or guardian of each student

of STAAR results for grades 3–8 and high school.

14. Accelerated Instruction for Seniors With IGC

Will seniors going through the Individual Graduation Committee (IGC) process be

required to participate in accelerated learning or will the project or portfolio serve as

their demonstration of proficiency?

Eligible students going through an IGC review will be required to receive the 30 hours of

accelerated instruction for each course in which the student did not perform

satisfactorily on the required STAAR EOC assessment. Once the IGC has accepted the

project/portfolio as passing, the student will no longer be required to attend

accelerated instruction.

15. Accelerated Instruction

Can TEA further define accelerated instruction? If we are accelerating instruction and

students are expected to perform on grade level, would we not provide accelerated

instruction for the current grade level with prioritized standards embedded from the

previous grade level as applicable for success (grade 8 science to HS biology)?

In order to accelerate instruction, districts should prioritize ensuring students have

access to on grade level TEKS aligned content during Tier 1 instruction as well as TEKS

aligned support to master content or skills that have been missed in previous years. The

ideal way to accelerate student learning is through prioritizing on grade level content

with just in time supports that address the missing content or skills when they are

needed. The supplemental instruction requirements in HB 4545 are just one of many

supports necessary to accelerate student learning and should be provided to students in

addition to ensuring students receive the full amount of on grade level instruction with

supports to successfully access that content during Tier 1 instruction time. Districts

should not approach learning acceleration as only remediation or as only the 30 hours

of supplemental instruction provided to meet the minimum requirements of HB 4545

due to the research which shows that a focus on remediation alone will not result in in

students catching up to grade level.

16. Learning Acceleration vs Supplemental Accelerated Instruction

What is the difference between “learning acceleration” referred to in the TCLAS grant

and the “supplemental accelerated instruction” requirement in HB 4545? Are these

the same thing?

“Learning acceleration” encompasses the many research-driven strategies necessary to

help students make more than one year of growth in one year of time. Learning

acceleration requires that students receive on grade-level, rigorous, TEKS-aligned

instruction that strategically address gaps in prerequisite skills needed for students to

master grade-level content. The set of supports in the Texas COVID Learning

Acceleration Supports (TCLAS) application are aligned with the research-based learning

acceleration strategies.

“Supplemental accelerated instruction” is a term used to define a component of the HB

4545 statutory requirement. Supplemental accelerated instruction is defined in HB 4545

as instruction that meets the following criteria:

• includes targeted instruction in the essential knowledge and skills for the

applicable grade levels and subject area;

• is provided in addition to instruction normally provided to students in the grade

level in which the student is enrolled;

• is provided for no less than 30 total hours during the subsequent summer or

school year and, unless the instruction is provided fully during summer, include

instruction no less than once per week during the school year;

• is designed to assist the student in achieving satisfactory performance in the

applicable grade level and subject area;

• includes effective instructional materials designed for supplemental instruction;

• is provided 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;

• is provided by a person with training in the applicable instructional materials for

the supplemental instruction and under the oversight of the school district; and

• to the extent possible, is provided by one person for the entirety of the

student’s supplemental instruction period.

Supplemental accelerated instruction is one component that is necessary for learning

acceleration but will not by itself result in accelerated learning for all students.

17. Parental Opt-Out

Can a parent opt their child out of HB 4545 requirements for accelerated instruction or

tutoring?

Accelerated instruction and any associated tutoring that districts are implementing to

meet HB 4545 requirements are subject to the compulsory attendance requirements of

TEC, §25.085 and should be treated like any other required instructional time during the

school day.

There are areas of curriculum or instructional services required to be offered by public

schools where statute provides specific language to allow parents to opt out of receiving

the curriculum or instructional services (for example, certain topics in health).

Additionally, ARD committees establish individualized educational programs that

sometimes modify the approach to required curriculum or instruction. However, much

of statute is silent on what to do if parents wish to opt out of curriculum or instructional

services that public schools are required to offer, and the supplemental instructional

(i.e., tutoring) requirements of HB 4545 fall into this category. Generally, when parents

request certain accommodations or exemptions from curriculum or instructional

services schools are required to offer, local school systems handle these requests in

ways deemed most appropriate locally, sometimes via formal grievance processes,

sometimes in accordance with compulsory attendance policies or the provisions of TEC,

§25.092, and sometimes informally, to ensure student and parent needs are met.

Please be aware that school systems found to be intentionally discouraging parents

from accessing curriculum or instructional services to which their students are entitled

are subject to potential corrective actions and interventions by TEA.

18. Summer School Attendance

If an LEA opts to use the summer as the primary time for delivery of required

accelerated instruction, are students required to attend?

There is not a statute that explicitly requires a student to attend accelerated instruction

offered during the summer. The LEA (local educational agency) can have a local policy or

decision based on other legal requirements to require summer attendance (such as a

student must attend to be promoted). If a student misses summer opportunities and the

parent had not sought to opt out of the offered accelerated instruction (as noted above

in question 17), the missed instruction will need to be provided in the fall semester by

the LEA.

19. Accelerated Instruction Attendance/Absences

What if we provide accelerated instruction and the student does not attend?

LEAs (local educational agencies) should make efforts to communicate with

parents/guardians regarding attendance for accelerated instruction as they would with

any other instructional programs that are subject to compulsory attendance.

Documentation should be kept regarding the student’s accelerated instruction program

and attendance.

20. Out-of-State, Private School, or Home School Students

Do the HB 4545 requirements apply to students who enroll from out-of-state, from a

private school, or from a home school?

No, HB 4545 only applies to students enrolled in a Texas public school district or open-

enrollment charter school the previous year.

21. Tracking Accelerated Instruction for Transfer Students

How should districts track accelerated instruction for students who transfer to another

Texas school district?

It is recommended that school districts calculate the hours of completion towards

accelerated instruction, so students do not repeat designated hours at the receiving

Texas school district. The documentation may be attached to the student’s record in

TREx in one of the following formats: PDF, MS Word, or MS Excel. TEA has created

a template that can be found here:

Accelerated Learning Resources | Texas Education

Agency

22. District of Innovation

We are a District of Innovation; are we able to exempt ourselves from portions of HB

4545 such as providing supplemental accelerated instruction, adhering to group ratio

requirements, and pulling students from foundation or enrichment curriculum to

provide supplemental accelerated instruction?

Under existing rule, no. Per TEC, Sec. 12A.004 and 19 TAC §102.1309(a)(1)(C), a district

of innovation may not exempt itself from TEC, Sections 28.0211, 28.0217, as well as TEC,

Chapters 39 and 39A.

Additionally, a district of innovation may not be exempted from a state or federal

requirement imposed by statute or rule that is applicable to an open-enrollment charter

school operating under the TEC, Chapter 12, Subchapter D. Charter schools are required

to provide supplemental accelerated instruction.

Section B: Accelerated Learning Committees

1. Small Districts

Do we still need a plan for Accelerated Learning Committees, specific teacher

requests, or accelerated instruction if we are a small district with one teacher per

grade level?

Yes, plans for ALCs are required for all students who do not perform satisfactorily on

STAAR math or reading in grade 3, 5, or 8. Accelerated instruction also applies to all

districts each time a student fails to perform satisfactorily on an assessment instrument

in third, fourth, fifth, sixth, seventh, or eighth grade or in high school.

In cases like this, where there is only one teacher per grade level, HB 4545 provisions

allowing for a parent to request a specific teacher would be moot.

2. Parent Attendance

Can the Accelerated Learning Committee meeting be held if the parents do not attend,

or may it be completed by phone or virtually?

LEAs (local educational agencies) must make attempts to accommodate

parents/guardians to participate in ALC meetings. This is included, but not limited to,

offering virtual participation (i.e., zoom, skype, phone). If the parent is absent from a

scheduled meeting, then the information decided in the meeting will need to be shared

with the parents/guardians.

3. Personal Graduation Plan

Does the Accelerated Learning Committee replace the required Personal Graduation

Plan?

The ALC only replaces the previously required Grade Placement Committee and does

not have an impact on the Personal Graduation Plan.

4. Students Transitioning to Secondary Campuses

How does the 5

grade and 8

grade Accelerated Learning Committee develop a plan

for the student transitioning to the secondary campus? Should the secondary teachers

be part of the ALC?

Statute requires that the committee include the teacher of the subject that the student

failed. It is recommended that the receiving content teacher also participate on the ALC

as the education plan is developed.

5. Identifying the Teacher of a Failed Assessment

Can you clarify "The teacher of the subject of an assessment on which the student

failed to pass?" Is it the current teacher or the receiving teacher or both?

“The teacher of the subject of an assessment which the student failed to pass” is the

current teacher of that content. If a 3

grade student does not perform satisfactorily on

the reading assessment, the current 3

grade reading teacher is the teacher of the

subject. The 3

grade teacher and the receiving 4

grade teacher may both serve on the

ALC (accelerated learning committee) to develop a plan for the student, and in most

cases both teachers should be involved to ensure an effective plan is developed.

Recognizing that coordinating and scheduling ALCs will be difficult and that all

participants may not be available when the ALC takes place (e.g., if a teacher retires and

is no longer with the district), the district may convene ALCs virtually and make

reasonable substitutions for participants, ensuring there is a representative that is an

expert in the content area the student failed to pass on the committee.

6. Principal Attendance

Which principal should attend the Accelerated Learning Committee if the student is

changing campuses, the principal from the current campus (i.e., the elementary

campus if the student failed 5

grade STAAR), or the principal of the receiving campus

(i.e., the middle school principal if the student is starting 6

grade in the subsequent

school year)?

The statute is not clear on this requirement, and therefore it is up to LEA (local

educational agency) discretion for which principal (or both) is most helpful to participate

in the ALC. Our guidance is to include the receiving campus principal or principal’s

designee because that will help ensure that the receiving campus is aware of the

recommendations and plan from the ALC and are ready to implement that plan once

receiving the student in the next school year.

7. BOY Assessments

Can the Accelerated Learning Committee use a history of data or BOY assessments to

determine whether a student who failed STAAR grades 3–8 or EOC assessments can be

exempt from accelerated instruction?

No, the student will need to receive accelerated instruction. HB 4545 states that each

time a student fails to perform satisfactorily on an assessment instrument administered

under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or eighth grade, or an

assessment instrument (EOC) under Section 39.023(c) the school district in which the

student attends school shall provide to the student accelerated instruction in the

applicable subject area during the subsequent summer or school year.

8. Continual Lack of Student Progress

If a student continues to not perform satisfactorily on the assessments as they

progress through grade levels, will campuses eventually hold ALC meetings for all

grade levels 3–12? For example, a student does not perform satisfactorily in 8

grade

reading. The student is required to have an ALC as he/she enters 9

grade. Student

does not perform satisfactorily on the STAAR English I EOC assessment, the

superintendent/designee now participates in the ALC; student does not perform

satisfactorily on the STAAR English II EOC assessment in 10

grade, etc.

Yes, there is the possibility that the ALC (accelerated learning committee) may continue

in high school if the student does not perform satisfactorily on the STAAR English I,

English II, or Algebra I EOC assessments per (f-4) regarding provisions for when a

student performs unsatisfactorily on an assessment in the same subject in the

subsequent school year.

9. Superintendent Designee

Who may serve in the role of superintendent’s designee? We are a large school

district, and our superintendent could not possibly be at every necessary ALC meeting

for students previously served by an ALC that failed to pass the assessment(s) again.

Even our associate superintendent’s schedules wouldn’t be able to accommodate all

these meetings.

In this instance, per TEC, §28.0211(f-4), the superintendent may designate one person

(and this can be more than one person across the district) to meet with Accelerated

Learning Committee in the superintendent’s place. A superintendent has broad

flexibility in determining who may be a designee, such as a deputy/associate/assistant

superintendent, chief officer, academic/learning/instructional specialist, coach,

facilitator, director, etc. The statute also provides that the superintendent’s designee

under TEC, §28.0211((f-4), may be an employee of a regional education service center

but may not be a person who served on the student’s accelerated learning committee.

For cases in which an assistant principal, instructional coach, etc. served as the

principal’s designee for the first Accelerated Learning Committee, the principal may

serve as the superintendent’s designee (if designated by the Superintendent) for the

second (reconvened) ALC if it is required based upon student performance in the

subsequent year.

Updated

8-3-2022

10. Late Release of STAAR/EOC Results

Our STAAR and EOC results are still not available/we received them late, outside of

the release date timeline posted on the TEA calendar of events. Our LEA did not

budget to pay staff members to facilitate or attend ALCs during the summer. Can we

receive an extension to complete ALCs through the first six weeks of the 22-23 school

year? Are we required to conduct all ALCs prior to the start of the school year (first

day of our work calendar for teachers) or prior to the first date in which students

begin instruction?

LEAs (local educational agencies) that receive results late/have not received results from

the paper-based administration of the STAAR/EOC exams should immediately contact

and work with the Student Assessment team at the TEA to resolve these issues and

receive the information that they need.

LEAs were advised in our first FAQ release in the summer of 2021 that for school year

2022-23 and beyond, specifically in summer 2022, LEAs must establish ALCs (accelerated

learning committees) and develop individual student plans during the summer and prior

to the start of the school year, based on the latest STAAR results. (See

Section A:

Question 3)

LEAs are encouraged to identify funding sources, such as ESSER and title funds, to

support the financial needs of implementing actions related to student learning

acceleration and associated requirements. If an LEA did not budget to meet the

previously released ALC guidance or if they do not have staff on contract to conduct

ALCs during the summer, then the LEA may utilize the first few days and weeks of the

school year prior to students beginning instruction to conduct the required ALCs. LEAs

should communicate proactively with parents and stakeholders affected by any

potential late ALCs.

Section C: Scheduling and Documentation

Due to the timing of the year, LEAs (local educational agencies) may be revising their master

schedule or determining how to best use their current master schedule to provide accelerated

instruction. Some options that districts could consider are in the questions below.

1. Planning and Scheduling Accelerated Instruction

What guidelines should LEAs (local educational agencies) follow when planning and

scheduling accelerated instruction to meet HB 4545 requirements?

The main consideration in planning for accelerated instruction is to provide the

supplemental instruction in addition to what is normally provided to students in the

New

8-3-2022

grade level in which the student is enrolled. Supplemental instruction provided by a

school district under Subsection (a-1)(2) must include the following components:

1. targeted instruction in the essential knowledge and skills for the applicable

grade levels and subject area;

2. additional to instruction normally provided to students in the grade level in

which the student is enrolled;

3. no less than 30 total hours during the subsequent summer or school year and,

unless the instruction is provided fully during summer, include instruction no

less than once per week during the school year;

4. instruction designed to assist the student in achieving satisfactory performance

in the applicable grade level and subject area;

5. effective instructional materials designed for supplemental instruction;

6. individual student instruction 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;

7. supplemental instruction provided by a person with training in the applicable

instructional materials and under the oversight of the school district; and

8. to the extent possible, delivery by one person for the entirety of the student’s

supplemental instruction period.

2. Use of Specialized Intervention Programs

Can we use a specialized 1:1 or small group intervention program, such as Amplio

Dyslexia, towards the requirements for accelerated instruction?

Accelerated instruction requires the delivery of instruction that specifically targets the

knowledge and skills in the applicable grade level and subject area where students did

not meet the passing standard. We recognize that Amplio Dyslexia is a great

intervention program for students with Dyslexia; however, it is not intended to address

specific TEKS based on the student’s needs. Therefore, it does not meet the

requirements for accelerated instruction.

3. Finding Time for Required Tutoring

How do we find time to provide the required tutoring to students if we can’t take

them out of regular instruction, recess, or enrichment time? Where can I get support

in this area?

The statute requires that students not be removed from recess or from the foundation

curriculum or enrichment curriculum as defined in TEC, §28.002. The foundation

curriculum includes English language arts, mathematics, science, and social studies.

Courses in the enrichment curriculum include languages other than English (LOTE);

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 technology

education; technology applications; religious literature; and personal financial literacy.

To meet these requirements, the TEA recommends following these best practices in

master scheduling:

• Identify scheduling priorities first and make those non-negotiable.

• Consider innovative solutions like adjusting blocking, rotations, time before or

after school, and innovative models (e.g., blended learning) to achieve priorities.

• To the extent possible, consider extending the school day or school year to

create more opportunities for tutoring over the course of the year.

• Leverage additional resources (e.g., ESSER funding) to purchase access to time-

saving scheduling software to complement and expedite the district scheduling

process.

• Plan a second schedule that varies the time allotted for Tier 2 instruction at key

intervals (e.g., beginning of year) or plan for schedule revisions over time.

Multiple potential schedule arrangements could meet the HB 4545 requirements. One

example is provided below from an LEA (local educational agency) participating in Math

Innovation Zones that prioritizes an intervention block and leverages blended learning

to achieve this priority.

An additional example is provided below from a Spring ISD middle school.

An additional example is provided below from a Spring ISD high school.

The TEA will provide a webinar series in August 2021 to support LEAs with master

scheduling in alignment with HB 4545 requirements. Additionally, TEA offers technical

assistance, resources, and tools to support districts in master schedule redesign through

initiatives like Math Innovation Zones, Additional Days School Year, Texas Home

Learning aligned supports, the Resilient Schools Support Program, and the School Action

Fund.

4. Elective Courses

Can students be removed from an elective class, or not offered an elective class, in

order to meet HB4545 requirements?

The statute requires that students not be removed from recess or from the foundation

curriculum or enrichment curriculum as defined in TEC, §28.002; this includes electives

which are normally provided to students in the grade level in which the student is

enrolled. LEAs (local educational agencies) may need to consider options such as

multiple elective offerings throughout the day, as well as multiple options for students

to receive accelerated instruction at different times during the day, so that students

may have opportunities to continue to receive all educational opportunities.

5. Repurposing an Existing Block of Instructional Time

Can we repurpose an existing block of instructional time that is already in our master

schedule (such as advisory periods, study hall, additional optional electives,

remediation time, double blocked reading or math, etc.) to meet the requirements of

HB 4545?

Districts may repurpose existing time during the school day, but in order to meet the

requirements of the statute, this time must be “supplemental” which means that it

cannot be time that would otherwise be used for instruction in the foundation

curriculum or enrichment curriculum under Section 28.002, and it must be provided in

addition to the instruction normally provided to students in the grade level in which the

student is enrolled.

It is up to LEAs (local educational agencies), with input from families, staff, and other

stakeholders, to determine whether or not the repurposing of existing instructional time

meets this definition of “supplemental” instruction, considering whether or not a

student (or their family) may have a reasonable justification to claim that the student

was being removed from instruction that would normally be provided to students in the

grade level (or that is being provided to other students in the grade and not to them) in

order to meet this requirement. Examples of times that may be repurposed during the

regular school day that are not usually used for foundation or enrichment curriculum

include advisory periods, study halls, etc.

In addition to meeting the definition of “supplemental” instruction, the way the

instructional time is used will need to meet all other requirements in HB 4545, including

the following:

• Delivers targeted TEKS-aligned instruction for the applicable grade level and

subject area(s)

• Is provided for no less than 30 hours total and no less than once per week

during the school year

• Is designed to assist the student in achieving satisfactory performance in the

applicable grade level and subject area(s)

• Utilizes effective instructional materials designed for supplemental instruction

• Is provided by an individual with training in aligned instructional materials and

under the LEA’s oversight

• To the extent possible, is provided by one person for the entirety of the

student’s supplemental instruction period

LEAs may consider repurposing time that has been previously used for “remediation” or

other instructional purposes, but whether this time can count towards meeting the 30

hours of supplemental instruction for a student depends on how these times are used

and whether the instruction provided during this time meets all the requirements of HB

4545. For example, if the LEA is considering repurposing a portion of a previously double

blocked instructional period, then a portion of this double-blocked time could be used

for supplemental instruction but only if the way the repurposed time is being used

meets all the criteria required in HB 4545. If every student at the campus is doubled-

blocked in that content area, and it is part of the instruction normally provided to all

students in that grade level, then the double-blocked time cannot be used for

accelerated instruction because it can be reasonably assumed that the foundation

curriculum and Tier 1 instruction is being provided during that time and that removing

students from a portion of that time would be removing them from instruction that is

normally provided to students in the grade level. However, if the LEA repurposes a

portion of this time, and the master schedule and/or teacher lesson plans clearly

delineate which portion of the double blocked time is allocated to core instruction (i.e.,

instruction that meets the requirements for all tier 1 instruction and on grade level

content to be taught during that time) and which portion of the time has now been

repurposed for supplemental instruction (i.e., tutoring in small groups that is in addition

to the foundation curriculum, enrichment curriculum, and instruction normally provided

to students and that meets all of the other criteria for supplemental instruction), then

that time may be eligible to meet the requirements in HB 4545.

6. 3:1 ratio

Can a teacher have 12 students in the room and have them working on focused skill

assignments while the teacher is working with three of the twelve students at a time.

Will that count as a 3:1 ratio?

A classroom in which there is 1 teacher to 12 students with stations and small group

rotation is still a 12:1 ratio for that class period and would likely not meet the

requirements of accelerated instruction. However, this type of small group, rotation

model may meet the requirements for HB 4545, only if the time the teacher is working

with the small group of 3 or less students was counted towards the required 30 hours,

and if there was another teacher in the room facilitating and overseeing the learning of

the students not in the small group. The class period in which this is happening cannot

be a class that is part of the foundational curriculum or enrichment curriculum and must

be part of a class that is providing instruction in addition to the instruction normally

provided to students (i.e., the small group instruction cannot be happening within a core

content class during Tier 1 instruction or during a required elective class), and the

instruction must also meet all of the additional HB 4545 requirements:

• Delivers targeted TEKS-aligned instruction for the applicable grade level and

subject area(s)

• Provides no less than 30 hours total and no less than once per week during the

school year

• Designed to assist the student in achieving satisfactory performance in the

applicable grade level and subject area(s)

• Utilizes effective instructional materials designed for supplemental instruction

• Provided by an individual with training in aligned instructional materials and

under the LEA’s oversight

• To the extent possible, is provided by one person for the entirety of the

student’s supplemental instruction period

It is recommended that supplemental instruction be documented and noted as such.

7. HB 4545 Documentation

What documentation does an LEA need to retain for HB 4545?

To ensure that students are being provided the 30-hour minimum requirement of

accelerated instruction per subject, and in the event of an audit or grievance, LEAs (local

educational agencies) should keep appropriate documentation. Artifacts may include,

but are not limited to, accelerated instruction attendance/tutoring logs, (ALC) education

plans, minutes, ALC (accelerated learning committee) notices, parent communication,

and evidence of student progress.

8. PEIMS Coding for HB 4545

What PEIMS coding should be reported if a student receives supplemental accelerated

instruction under HB 4545? For example, should a student receiving accelerated

instruction under HB 4545 be coded as participating in intervention strategies or at-

risk?

For the 2021-2022 school year, no additional PEIMS data elements will be reported for

supplemental accelerated instruction under HB 4545. However, TEA will continue to

review HB 4545 implementation to determine if additional data elements will need to

be reported during the 2022-2023 school year. Only students who meet at least one of

the at-risk reasons listed in TEC, Section 29.081, should be reported as at-risk which

includes students that did not perform satisfactorily on the STAAR assessment and

would be subject to HB 4545 statute.

9. HB 4545 and Expanded Learning Opportunity

If a campus provides accelerated instruction under HB 4545, should they also report

the Expanded Learning Opportunity “tutoring” activity during PEIMS Submission 3 or

Accelerated instruction under HB 4545 may be provided outside of the regular school

day, but it is not a factor in the Expanded Learning Opportunity (ELO) PEIMS submission.

Expanded Learning Opportunities should be included in PEIMS Submission 3 or 4 if the

LEA (local educational agency) implements an ELO program (i.e., extended day,

extended year, or structured program outside of the regular school day) as defined in

the Texas Education Data Standards.

LEAs may use expanded learning opportunities to provide tutoring under HB 4545 but

would only report the existence of the expanded learning program in PEIMS reporting.

10. Outside/Private Tutoring

Can outside/private tutoring count for a student’s required supplemental accelerated

instruction hours under HB 4545? Can a campus or LEA (local educational agency)

review outside tutoring hours and content and accept them in lieu of the HB 4545

hours provided by the campus or LEA?

Please refer to the required criteria that HB 4545 supplemental accelerated instruction

must meet. One of the key components is that instruction “is provided by a person with

training in the applicable instructional materials for the supplemental instruction and

under the oversight of the school district.” Tutoring under district oversight would

qualify but tutoring not under district oversight would not.

New

8-3-2022

Section D: Accelerated and Supplemental Instruction/Tutoring

Questions

1. First Time EOC Testers and EOC Re-testers

Is accelerated instruction only for first-time STAAR EOC assessment testers or does it

include students who have taken the STAAR multiple times?

Accelerated instruction is required any time a student does not pass a STAAR EOC

assessment. This includes first-time testers as well as re-testers. Specifically, TEC,

§28.0217 states: “Each time a student fails to perform satisfactorily” accelerated

instruction is required.

2. June and December STAAR EOC

What impact do the June and December STAAR EOC test opportunities have on

requirements under HB 4545?

Districts are required to provide a testing opportunity during the summer, but re-testers

can choose not to test, as some students may not be actively enrolled during the

summer. For students who do not sit for the June STAAR EOC assessments, their online

tests should not be started, or their pre-coded labels should not be used so that no

summer testing records exist for such students. As a result, no additional accelerated

instruction would be required for such students. Should a student sit for the summer

administration, a June STAAR EOC assessment failure would generate 30 hours of

accelerated instruction, per TEC Sec. 28.0217(a).

Regarding the December STAAR EOC assessments, a student would be actively enrolled

at the time of the test administration. Therefore, if the student chose not to test, the

test would be marked with an O for other. This would result in a “not passing” record for

the student. In such an instance, accelerated instruction would be required.

3. Summer and Fall Supplemental Instruction

If students complete fewer than 30 hours of supplemental instruction in the summer

program, may they make up the difference in the fall?

Yes, per TEC, §28.0211(a-4)(3), supplemental instruction need not be provided fully

during the summer. In the subsequent school year, the delivery of supplemental

instruction will have additional requirements such as supplemental instruction must be

provided no less than once per week. For example, a student who completes 20 hours

of supplemental instruction in the summer must complete the remaining 10 hours

during the year, with instruction no less than once per week. (Note: Only the hours of

New

8-3-2022

instruction provided in the summer that meet the requirements of supplemental

instruction can count toward the total). The student cannot be removed from the

foundational or enrichment curriculum; accelerated instruction provided in the

following school year may require participation of the student before or after normal

school hours.

4. Tutoring Frequency

At what frequency does tutoring have to be conducted to meet HB 4545

requirements?

If delivered in the summer, tutoring simply must meet the threshold of 30 hours total

set in HB 4545. If delivered during the normal school operational days during the 2021–

22 school year, tutoring must be delivered at least weekly and meet the minimum

threshold of 30 hours. Note, this requirement applies per subject for which the student

did not perform satisfactorily. For example, students who did not pass STAAR in both

math and reading would be required to have 60 hours of accelerated instruction.

5. TEA Approved Provider List for All Regions, Including Rural Areas

Will the TEA’s pre-approved tutor provider list provide options for rural areas?

Yes, TEA is currently planning to provide pre-approved tutor provider coverage across

Texas regions, including rural areas. Please note that LEAs (local educational agencies)

are also able to select tutor providers that are not on the TEA’s pre-approved tutor

provider list; the list is simply one source of vetted tutor providers who will deliver

tutoring in alignment with HB 4545 requirements. The list will include a mix of in-person

and virtual tutoring options.

6. Fall 2021 Tutoring

Does tutoring have to be provided this fall (2021-22) as part of HB 4545?

The accelerated instruction changes from HB 4545 apply to accelerated instruction

provided for the 2021–22 school year. LEAs (local educational agencies) should use the

spring 2021 STAAR results to determine and plan for accelerated instruction for all

students who need it. This accelerated instruction must include tutoring, unless LEAs

provide students with a master, exemplary, or recognized teacher.

7. Online Tutoring Program

Can you choose an online program in place of a tutor?

Tutoring can be delivered using an online program either in person or virtually.

However, the online program must be facilitated by a tutor that meets the requirements

defined in the statute, including that the tutor has received training in alignment with

the instructional materials, that the same tutor is assigned to the student for the

duration of the supplemental instruction when possible, and that the tutoring is

delivered in a 1-on-1 or small group with no more than three students in the group. The

statute does not require that the tutor be a teacher, and research shows that many

different tutor types can be successful, such as college students, community volunteers,

paraprofessionals, or active or retired teachers, if the other elements of high-impact

tutoring are met.

8. Leveraging [Tutoring] Programs

How can I learn more about how to leverage programs like ST Math for tutoring?

ST Math (and similar programs) provide students with a self-directed learning

experience and could be a strong option for tutoring delivery (learn more by clicking the

“Grades K–5: Supplemental” tab HERE

). Information about ST Math and tutoring has

been posted on the Accelerated Learning Resources page under additional resources.

Note that, to meet HB 4545 requirements, there must still be an individual supporting

the student who meets the requirements noted in the accelerated instruction

requirements.

9. Standing Up an Effective Tutoring Program

How can I learn more about how to stand up an effective tutoring program?

The TEA has released a webinar series, an implementation toolkit, and a workshops

series opportunity to support LEAs (local educational agencies) in standing up an

effective tutoring program. You can find these resources on TEA’s Tutoring page

10. Title I, Part A Funds

Because specific accelerated instruction requirements are now in state law, will we be

able to use Title I, Part A funds to fund accelerated instruction in the future?

Yes, while Title I, Part A funding must be supplemental to the campus, it does not

require the activity to be supplemental if the LEA’s (local educational agency’s) required

federal Supplement, Not Supplant Methodology has been approved by the LEA

leadership and is being implemented consistently by the LEA. The methodology defines

how state and local funds are allocated among campuses within the LEA and

demonstrates the Title I, Part A funding is supplemental to the campus after it has

received its equitable allocation of state and local funds. For more information, see the

federal Supplement, Not Supplant Handbook.

11. State Compensatory Funds

Can an LEA spend compensatory education funds to pay for accelerated instruction

that is required under HB 4545?

Yes, LEAs (local educational agencies) may use State Compensatory Education (SCE)

funds described in TEC, §48.104 to fund supplemental programs and services listed in

HB 4545, such as targeted supplemental instruction, extended day and year instruction,

and tutoring. SCE funds may also be used for professional development designed to

provide instructors the knowledge and skills to deliver accelerated instruction and for

the purchase of supplemental instructional materials for the intended population

defined in the authorizing statute, TEC, §29.081 and TEC, §48.104

. TEA will update

Module 6 State Compensatory Education of the Financial Accountability System

Resource Guide to reflect these types of costs.

12. Failing Writing and Reading Assessments

If students fail writing and reading, will they need tutoring for both subjects? Will the

time frame be 30 hours for both, or may we combine them?

HB 3906, 86th Texas Legislature, 2019, eliminated the standalone writing assessments in

grades 4 and 7, and, as of September 1, 2021, writing will no longer be assessed

separately from reading. Therefore, students who did not perform satisfactorily on their

STAAR assessments in reading, writing, or both are only required to receive a combined

minimum of 30 hours of accelerated instruction. As with all accelerated instruction, the

accelerated instruction should focus on the specific areas of deficiency.

13. Students Testing Above Grade Level

Do the accelerated instruction requirement and ALC (accelerated learning committee)

requirement apply to students who test above grade level (for example, a 7th grade

student taking the STAAR grade 8 math test)?

Yes, both sections of the law refer to students who take specific tests as opposed to

students enrolled in specific grade levels. If a student who is receiving above grade level

instruction does not pass the above grade level STAAR test, that student has shown

some areas of academic weakness and requires accelerated instruction.

If the student

takes and fails to perform satisfactorily on an above grade level assessment, the student

will need to receive accelerated instruction in the subject of the assessment, per TEC,

§28.0211(a-1). If the failed assessment is a third grade, fifth grade, or eighth grade math

or reading assessment, an ALC must be established for the student, per TEC,

§28.0211(a).

14. Students in a Residential Treatment Facility or Assigned to a

JJAEP

Do the 30 hours of accelerated instruction apply to students who are placed in a

residential treatment facility or assigned to a JJAEP?

HB 4545 applies to all students attending Texas public school districts and open-

enrollment charter schools, regardless of their physical locations. All such students who

meet the criteria for accelerated instruction must receive it. Accelerated instruction may

be provided by either 1) assigning a student to a teacher who is a certified master,

exemplary, or recognized teacher (designated under TEC, §. 21.3521) that can deliver

the instruction to the student; or 2) provide the 30 hours of accelerated instruction.

15. Students Receiving Homebound Services

How do the 30 hours of accelerated instruction apply to students who are receiving

homebound instruction when it may be difficult to achieve the required additional

time per subject area?

If a student who is eligible for and is receiving homebound services under either the

general education program, through special education, or is receiving supplemental

accelerated instruction remotely, is unable to engage in supplemental, accelerated

instruction due to the nature of the student’s medical condition, the LEA (local

educational agency) should consider and prioritize the health and safety of the student.

This may require pausing the accelerated instruction until the student is able to return

to campus, sustain prolonged participation in instruction, or can receive supplemental

accelerated instruction remotely. When the student returns, the LEA should assess the

student’s need for accelerated instruction and must provide that accelerated instruction

to the student.

If the student’s medical condition prevents a return during the current school

year, required hours for supplemental, accelerated instruction do not carry forward to

the subsequent school year.

16. STAAR Spanish Assessment

If a student takes the STAAR Spanish assessment and does not perform satisfactorily,

does the supplemental instruction need to be in Spanish?

Supplemental instruction supports for a student will need to be provided in the

language of instruction for the student. If the student receives instruction in Spanish,

then the supplemental instruction should be in Spanish. If the student is in a dual

language setting in which instruction is provided in both Spanish and English, then the

supplemental instruction should follow and support the dual language instructional

model.

17. Accelerated Instruction Frequency Requirements, 30 Hours

Total

If we provide tutoring (i.e., supplemental accelerated instruction) more than once per

week and/or more than one hour per week, does accelerated instruction have to last

for the full year?

No, the accelerated instruction requirement for HB 4545 requires 30 hours per subject

in which the student did not perform satisfactorily. During the school year, that

accelerated instruction (i.e., tutoring) must occur at least once per week. However, if

the tutoring is provided multiple times per week or for a longer duration per week,

accelerated instruction in that content area is no longer required in the school year once

the 30 hours are obtained. Note: High impact tutoring best practice recommends 90

minutes per week, ideally in three weekly increments.

18. Students Who Are Retained or Retaking Course

For students who did not pass the STAAR grades 3–8 or the STAAR EOC assessment

and were retained, OR choose to retake the corresponding high school course, does

the HB 4545 accelerated instruction requirement still apply?

Yes, students who are retained or choose to retake the course must receive accelerated

instruction that meets the requirements of HB 4545. A student retaking a grade level or

course will still need additional supports to fill in the foundational gaps in learning.

19. Staggering Accelerated Instruction for Multiple Contents

Does accelerated instruction need to begin at the same time, or can LEAs (local

educational agencies) stagger accelerated instruction throughout the year? For

example, can one group begin for math and another begin a few weeks later for

reading?

Supplemental accelerated instruction must be provided in the subsequent summer or

school year and meet the 30-hour requirement. However, the statute does not require

that the 30 hours of supplemental instruction begin at the beginning of the school year,

that the supplemental instruction for all content areas happen at that same time, or

that the supplemental instruction must last the entire school year. Therefore, a student

who has not passed in multiple content areas may complete the 30-hour minimum of

supplemental instruction for one area and then begin the supplemental instruction for

the next content area, and so forth, as long as all other requirements for each content

area for supplemental instruction in HB 4545 are met (i.e., at least once a week once the

supplemental instruction has begun if happening during the school year, group sizes of 3

or less, etc.).

20. STAAR Science or STAAR Social Studies

If students do not pass STAAR science or social studies tests, are we required to

provide accelerated instruction in the subsequent school year? Is there a way to

deprioritize this requirement since students aren’t tested in science or social studies in

the subsequent grade level?

Accelerated instruction is required for any student who did not pass STAAR grades 3–8

or EOC assessments, which includes science and social studies, and this accelerated

instruction requirement must be met in the subsequent summer or school year. In order

to meet the requirements of the supplemental instruction (i.e., tutoring), the

supplemental instruction must deliver targeted TEKS-aligned instruction for the

applicable grade level and subject area(s), and the necessary supports must be provided

for accelerated instruction to enable the student to perform at the appropriate grade

level by the conclusion of the school year. For example, if a student fails the 8

grade

social studies test or the 8

grade science test, the intent is to develop the student’s

understanding and enable the student to perform at grade level in the current course by

the end of the year, which means that the student will need to have mastered both 8

and 9

grade level social studies or science by the end of 9

grade. Even though

students will not be tested on the social studies or science content from the previous

grade level in the next grade level, students still need to master the previous grade level

content to be successful in future social studies and science classes, as well as have built

the foundational knowledge and skills to be successful readers, citizens, and ultimately

be college, career, and military ready by the end of high school.

For districts that want to prioritize supplemental instruction in math and reading

content areas first, given those areas are tested annually, they can do so, and students

requiring supplemental instruction in science and/or social studies could meet those

requirements later in the school year, as long as the 30-hour minimum is completed by

the end of the subsequent school year and all other requirements of HB 4545 are met.

We recognize the implementation challenges of meeting these new requirements for

students who have not passed STAAR assessments in multiple content areas. Please see

question #1.

21. Parent Waiver for Tutoring Surpassing the 3:1 Ratio

Does an LEA need permission from parents if tutoring will be delivered in a student-to-

tutor/teacher ratio greater than 3:1?

Yes, LEAs (local educational agencies) must seek written permission from parents in

advance of tutoring delivery if the tutoring will be delivered in a ratio greater than 3:1.

For tutoring delivered in fall 2021, this permission must be on file in early August 2021.

This written permission would need to be obtained for all students in a particular group,

as all would be in a group larger than 3.

Permission to go beyond 3:1 must only be obtained from the student’s parent or

guardian. Waivers for this provision from TEA are not available.

22. Retroactive Parent Waiver for Summer 2021

Can parents waive the 3:1 retroactively for summer acceleration?

Parents can waive the 3:1 ratio for the summer of 2021 only if the remaining

requirements for supplemental instruction were met. LEAs (local educational agencies)

must receive active written consent from the parent/guardian. This ability to

retroactively receive parental consent for larger group sizes is only allowable for the

summer of 2021 due to the timeline of the bill becoming effective after many districts

had already begun summer instruction in 2021.

23. Sample Form for Parent Authorizing Groups Larger Than 3:1

Ratio

What form of notice is acceptable when communicating to parents that their child will

receive supplemental instruction in a group larger than the required 3:1 ratio?

Parents/guardians must provide authorization for their child to receive supplemental

instruction in a group larger than the required 3:1 ratio. The law requires that the

instruction be provided to students individually or in a group of no more than 3 students

unless the parent or guardian of each student in the group authorizes a larger group. In

order to meet the requirement of parental authorization, the authorization form must

clearly state that the student is entitled to receive supplemental instruction in a group

size of 3 or less due to the student’s performance on the STAAR assessment and ensure

the parent is aware that by providing this authorization they are allowing a group size

that is larger than what is required by statute.

A sample form for authorizing a larger group size for supplemental instruction can be

found here

. To ensure parent’s understanding with the statutory notice and consent

requirements, TEA recommends that this information be provided as a separate

communication to parents rather than included in other communications or

publications (e.g., a parent handbook).

24. STAAR English I and STAAR English II EOC

Can accelerated instruction be combined into just 30 hours if a student needs to

receive supplemental instruction for STAAR English I and STAAR English II EOC

assessments?

No; although there is some overlap with the TEKS for English I and English II, HB 4545

states a student shall receive 30 hours of accelerated instruction for each assessment

the student fails to perform satisfactorily.

25. Virtual Instruction/Remote Conferencing

Is accelerated instruction required during weeks when students are out for testing

COVID positive? Can remote conferencing be used to meet HB 4545 requirements?

If a student is out due to a temporary medical condition and the student is receiving

instruction via remote conferencing, the HB 4545 supplemental accelerated instruction

should continue. If the supplemental instruction is not delivered during remote

conferencing, or if the student is out and not receiving instruction, the district can pause

the accelerated instruction, and the remaining time towards the 30 hours should be

completed upon the student’s return to campus. An LEA (local educational agency), in

partnership with the parent/guardian, can determine what method is best for the

student. Please refer to the Student Attendance Accounting Handbook rules described

here.

26. Completion Requirements for Repeated Unsatisfactory STAAR

Performance

If a student does not complete the 30-hour requirement prior to taking the next

STAAR assessment and performs unsatisfactorily again, does the student need to

complete the remaining hours in addition to the new 30-hour requirement?

Yes, all students who receive accelerated instruction must complete the 30 hours

required until they demonstrate satisfactory performance on the assessment.

27. “Banking” Accelerated Instruction

Can we start delivering (“banking”) HB 4545 accelerated instruction hours before we

receive STAAR/EOC results?

An LEA (local educational agency) may provide accelerated instruction during the

summer after a student is scheduled to sit for a STAAR or end-of-course assessment but

before the student's assessment result is available. Such accelerated instruction will

count toward the 30-hour accelerated instruction requirement if the student's

subsequently released assessment result shows that the student did not perform

satisfactorily on the assessment.

Additionally, please note that any accelerated instruction provided prior to the release

of the assessment result is subject to the approval of any applicable accelerated learning

committee formed to assist the student.

Section E: Teacher Assignment

1. Teacher Incentive Allotment or National Board Certification

If we do not have an approved Teacher Incentive Allotment (TIA) designation system

in our district, is there another way to meet the requirement for assigning students to

master, exemplary, or recognized teachers?

In addition to having an approved local optional teacher designation system, districts

can also support their teachers in earning designations by helping teachers pursue or

complete their National Board certification.

Teachers with an active National Board certification will also earn a recognized

designation if they meet the following requirements:

1. They are coded by their employing district as an 087 role ID in TSDS Class

Roster-Winter collection.

2. They have updated their information to indicate their current district in the

National Board Certified teacher directory

Districts can search for National Board teachers in the National Board Certified teacher

directory.

It is also possible that a district without an approved TIA designation system could

employ a teacher who received a designation while working in a different district. TIA

designations and their expiration date remain on the State Board for Educator

Certification virtual certification, even if a teacher transfers between districts.

2. Confirming Teacher Designation

How can districts look up which teachers are currently designated?

Districts can confirm that a teacher is currently designated by searching the State Board

for Educator Certification for their virtual certification

. Teachers that are currently

designated will have their designation and expiration date reflected in the top right

corner. Please note that teachers whose expiration dates have passed will no longer

have a designation on their certification.

In the future, a list of teachers with designations will also be possible to generate in the

ECOS for entities certification report.

3. District’s Local Designation System

May districts set up their own designation system or do districts need to use the

Teacher Incentive Allotment?

A district’s local designation system must be approved by TEA to issue master,

exemplary, or recognized designations. Visit www.TIATexas.org

for more information.

4. T-TESS Criteria

Is a waiver needed for a school system to use T-TESS criteria instead of the TIA

designations in the assignment of students to a classroom teacher?

There is no waiver available to allow T-TESS criteria to act as a TEA-approved local

designation system. To use the teacher assignment option available in HB 4545,

teachers must already have a master, exemplary, or recognized designation. Once

designated, designations last for approximately five years. By statute, Teacher Incentive

Allotment designation systems must include a minimum of teacher observations and

student growth measures and must be approved by TEA to designate teachers as

recognized, exemplary, or master teachers. Visit www.TIATexas.org

for more

information.

5. Required Components of a Local Designation System

What are the required components of a local designation system?

Districts must follow the criteria in either TEC, §21.351 or §21.352 and include at least

teacher observations and student growth in their designation criteria. Districts decide

whether they choose to follow the state's recommended appraisal process (T-TESS) or a

local appraisal process.

6. Waiver for Non-Certified Teacher(s)

If we do not have a certified teacher to assign students to, can we apply for a waiver?

School districts are eligible to encourage educators to obtain the appropriate SBEC-

issued certificate for placement into the assignment, or if needed, can also utilize the

“Other” waiver application found in TEAL and submit for review and approval for one

year.

• Board approval is required for these waivers and must include the board agenda

from the meeting in which the waiver request was approved.

7. Charter Schools and Districts of Innovation

Do charter schools and districts of innovation need to apply for a waiver under Texas

Education Code, Section 28.0211(n-1) regarding the assignment of a student to an

appropriately certified classroom teacher under Subsection (n)?

Subsection (n) and the waiver provision in Subsection (n-1) do not apply to charters or

districts of innovation that have an appropriate exemption from certification adopted in

their local plan. Therefore, charter schools and districts of innovation that have an

appropriate exemption from certification adopted in their local plans are not required to

submit a waiver to TEA under TEC, Sec. 28.0211(n-1).

8. Teacher Contract Hours

Can a district require a classroom teacher to fulfill the tutoring requirements of HB

4545 outside of contract hours without compensation?

Districts should consult with their legal counsel to address this matter and associated

contract-specific issues.

9. Funds for Teacher Compensation

What funds are available for districts to use to compensate teachers beyond the

standard duty pay for providing tutoring under HB 4545?

Districts can use regular state and local funds; Title I, Part A funds; state compensatory

education allotment funds; and ESSER funds to compensate teachers for tutoring and

potentially other duties.

Title I, Part A funds may be used if the LEA (local educational

agency)

has an approved methodology to distribute state and local funds in a manner that it

can document the Title I funds are supplemental. (See the section regarding Title I, Part A

methodology and implementation requirements.)

10. Early departure of TIA Designated Teacher

A student is assigned to a TIA designated teacher (master, exemplary, recognized) to

meet the requirements of HB 4545 for accelerated instruction. The teacher departs

the campus before the end of the school year (either retirement, promotion,

resignation, etc.). Are we required to provide supplemental accelerated instruction

hours (tutoring)? How many hours? Are the requirements satisfied in HB 4545 since

this student was assigned to a TIA teacher already?

From a legal standpoint, an LEA (local educational agency) in this situation that does not

follow up with tutoring for the remainder of the year will have technically complied with

the law. However, the LEA is encouraged to provide tutoring in a manner and for a

period that it considers useful for the affected student.

Section F: Retired Teachers

1. SB 1356

What is TEA’s role in implementing Senate Bill (SB) 1356, 87th Regular Legislative

Session, 2021, regarding tutoring programs?

TEA’s role is limited to approving access to the Do Not Hire registry established by TEC,

§22.092, for nonprofit teacher associations considering applicants for tutoring programs

under TEC, §33.913. All other implementation responsibilities fall on the referenced

nonprofit teacher associations; school districts and charter schools; and, for purposes of

determining how it may impact a retiree’s benefit eligibility related to retired teachers

serving as tutors under TEC, §33.913, the Teacher Retirement System (TRS).

2. Retired Teacher Participation in Tutoring Programs

How do active or retired teachers participate in tutoring programs authorized under

SB 1356?

Starting with the 2021–22 school year, per TEC, §33.913, an individual who is an active

or retired teacher and is not included in the Do Not Hire registry under TEC, §22.092,

must 1) apply to a nonprofit teacher organization approved by the Commissioner, in the

manner specified by the association, to participate in an LEA’s tutoring program; 2)

designate in their application whether they plan to provide tutoring services for

compensation, as a volunteer, or both; and 3) designate whether they will provide

tutoring services in person, online, or both. An LEA (local educational agency) may then

consider the active or retired applicant for the LEA’s tutoring program.

3. TRS Retirement Benefits

Under SB 1356, can retired teachers serve as tutors in LEA tutoring programs without

jeopardizing their TRS retirement benefits?

Generally if the retired teacher is serving as a tutor under TEC, §33.913, in the 2021–22

school year or later. However, if the retired teacher who is serving as a tutor is also

working in a non-tutor position for a TRS-covered employer, limits to their employment

after retirement may still apply. Retirees should contact TRS for more information to

fully understand the restrictions on employment after retirement.

4. TRS Surcharges

Can LEAs hire retired teachers for SB 1356 tutoring programs without paying employer

surcharges to TRS?

TEA defers to TRS regarding this question. LEAs (local educational agency) should

contact TRS or visit their website for more information.

5. Combining Tutor & Non-Tutor Positions

Could a retiree combine a tutor position with a non-tutor position at a TRS-covered

employer, for example, serving as a tutor and a substitute teacher or bus driver?

Retirees should contact TRS for more information to fully understand the restrictions on

employment after retirement. Generally, a retired teacher who is only employed as a

tutor under TEC, §33.913 will not be subject to employment after retirement limits.

However, if the retired teacher combines employment as a tutor with a non-tutor

position at a TRS-covered employer, the retired teacher may be limited to one-half time

employment.

6. Hiring Retired Teachers on a Full-time Basis

Can we hire retired teachers on a full-time basis without penalty to either the district

or the employee for tutorial purposes? What sort of documentation would be

necessary to prove the retired teacher has been hired for this purpose (i.e., job

description)? Can we hire retired teachers to be full-time intervention teachers

without penalty to serve both students who have not met STAAR requirements along

with students presenting other COVID slide issues?

Per Government Code, §824.602(a)(5), as added by HB 1525, 87

Regular Session, 2021,

a retired teacher hired as a tutor in a program described by TEC, §33.913, is not subject

to withholding of a monthly retirement benefit by TRS. All other questions regarding

these retirement-related subjects, including administrative matters, should be

addressed to TRS.

Section G: Students with Disabilities

1. Students with IEPs

If a student has an IEP, can the ARD committee waive or modify the HB 4545

accelerated instruction requirements based on the student’s identified needs?

The accelerated and supplement instruction requirements of HB 4545 generally apply to

all students, including students who are served in special education. When an

accelerated learning plan is required, the ARD committee must consider the individual

needs of the student and determine whether adjustments to the accelerated instruction

plan are appropriate. Likewise, if a student served in special education requires

supplemental instruction, the supplemental instruction must be provided in accordance

with HB 4545 unless a student’s ARD committee has specifically determined that some

or all of the supplemental instruction requirements would deny the student FAPE.

Please note that accelerated and supplemental instruction and any associated tutoring

that districts are implementing to meet HB 4545 requirements are subject to the

compulsory attendance requirements of TEC, §25.085 and should be treated like any

other required instructional time during the school day. See also Section A: Question 17

for information regarding opting out of accelerated instruction.

2. Grievance Policy

What is the recourse for a parent who disagrees with the ARD committee’s

determination regarding accelerated instruction?

If a parent does not agree with a decision of the ARD committee acting as the

accelerated learning committee, the parent should follow the grievance policy provided

for in TEC, §28.0211(f-3). A parent may use an IDEA dispute resolution mechanism to

resolve any dispute arising under IDEA.

3. Accelerated Learning Committee for STAAR Alternate 2 Testers

HB 4545 includes two key sets of requirements: Accelerated Learning Committees and

Accelerated Instruction. Do the HB 4545 requirements for an Accelerated Learning

Committee apply to students who took STAAR Alternate 2?

Yes, acting as the ALC, the ARD committee must meet to determine the manner in

which any student with an IEP who was unsuccessful in math and/or reading in grade 3,

5, or 8, including students who meet the criteria for participation in STAAR Alternate 2,

will participate in accelerated instruction. While the ALC requirements of HB 4545 apply,

the specifications for accelerated instruction will look different for students eligible to

participate in STAAR Alternate 2 from accelerated instruction provided to those who

take STAAR. See Section G: Question 4

for additional information.

For students eligible to take STAAR Alternate 2 who exhibit no authentic academic

response (NAAR), the ARD committee, serving as the ALC for students in grades 3, 5, or

8, may determine  to focus on strategies that elicit an authentic academic response

(see Building an Authentic Academic Response course from the

Texas Complex Access

Network) to work toward accessing the curriculum.

For students eligible to take STAAR Alternate 2 who have serious medical needs (as

outlined in the STAAR Alternate 2 Medical Exception eligibility criteria), the ARD

committee, serving as the ALC for students in grades 3,5, or 8, should prioritize the

health and safety of the student (e.g., complications arising from illness that cause

extended absences for medical treatments or recovery, hospitalization for long periods

of time, decreased stamina due to illness) when making determinations.

Decisions made by the ARD committee must be documented in writing. This may be

included in the deliberations section of a student’s IEP or as supplemental attachment.

4. Accelerated Instruction for STAAR Alternate 2 Testers

HB 4545 includes two key sets of requirements: Accelerated Learning Committees and

Accelerated Instruction. Do the HB 4545 requirements for Accelerated Instruction

apply to students who took STAAR Alternate 2?

Per TEC 28.0211(a-1)(1) and (2), accelerated instruction requires either the student be

assigned a TIA-designated teacher or receive supplemental accelerated instruction.

These specific accelerated instruction requirements do NOT apply to students eligible to

participate in the STAAR Alternate 2.

5. Intensive Program of Instruction

Would the accelerated instruction need to be documented within the IEP as the

“Intensive Program of Instruction (IPI)”? Does this requirement take the place of or

now become the IPI?

HB 4545 made changes to TEC, §28.0211. Intensive Programs of Instruction (IPI) are

required under TEC, §28.0213; therefore, the requirements for ARD committees related

to IPI have not been changed.

6. ARD Committees

Since the ARD committee serves as the Accelerated Learning Committee for students

in grades 3, 5, and 8 who are served by special education, do decisions about an

accelerated learning program require an ARD committee meeting, or could changes be

made through the amendment process?

HB 4545 requires the ARD committee of a student served by special education to meet

and determine how the student will participate in an accelerated learning program. The

ARD committee should include the required committee members when making

decisions regarding the student’s accelerated instruction program and document those

decisions in the IEP.

7. Parent/Teacher Attendance

If the parent is unable to attend the ARD meeting and/or the teacher of the subject

the student failed is unable to attend, can the ARD committee proceed without the

parent and/or teacher by using another teacher?

When the ARD committee serves as the accelerated learning committee (ALC), LEAs

(local educational agencies) must hold properly constituted ARDs in accordance with

state and IDEA requirements. Efforts should be taken to ensure parental participation as

specified within the requirements of IDEA outlined in 34 CFR §300.322.

8. The Amendment Process

Is the amendment process allowable for other grade levels to address the STAAR

failure?

Where the Accelerated Learning Committee (ALC) is not required to meet, the ARD

committee may use the amendment process if the parent and the LEA (local educational

agency) can agree to the changes to the IEP to meet accelerated instruction

requirements.

9. ARD Committee as the Accelerated Learning Committee

Do the Accelerated Learning Committees apply in addition to Admission, Review, and

Dismissal (ARD) committees, or do the ARD committees create the plan?

For students served by special education, the ARD committee serves as the Accelerated

Learning Committee for students in grades 3, 5, and 8 who were not successful on the

STAAR math or reading assessment. The ARD committee must meet to address the

student’s need for accelerated instruction and meet all the requirements for the

accelerated learning committee in HB 4545. Decisions made by the ARD committee

regarding the accelerated instruction needed must be documented in writing. This may

be included in the deliberations section of a student’s IEP or as supplemental

attachment.

10. Waiving the STAAR EOC Graduation Requirement

If a high school student served by special education does not pass a STAAR EOC

assessment, and the ARD committee determines a passing score on the assessment is

not required for graduation, is accelerated instruction still required?

TAC, §89.1070 allows ARD committees for students in grade 9–12 to determine whether

the student is required to achieve satisfactory performance on an EOC assessment to

receive a high school diploma. However, an ARD committee’s decision that passing a

STAAR EOC assessment for a particular course is not required for the purposes of high

school graduation does not waive the requirement for the student to receive

accelerated instruction. Because the student continues to demonstrate academic need

in that course, the accelerated instruction requirements established by HB 4545 apply

for students who did not achieve satisfactory performance on an EOC assessment. Since

the student will not participate in additional EOC testing opportunities for that course

per ARD committee decision, further decisions about accelerated instruction following a

retake would not apply.

11. MTSS or RTI

Will Accelerated Instruction take the place of students who have been determined to

need Tiered Intervention through an MTSS or RTI model?

No. The multi-tiered system of supports (MTSS) framework can be considered the

umbrella for other support systems, such as data-based individualization (DBI), response

to intervention (RTI), and positive behavior intervention and supports (PBIS). MTSS

encompasses academic, behavioral, and mental health supports for all students and is

distinct from HB 4545 accelerated instruction.

A student may participate in MTSS intervention, tutoring, or both; however,

supplemental accelerated instruction is an extension of Tier 1 content area instruction

which focuses on grade-level student expectations so the student can perform at grade

level in the applicable subject. When a student engages in an intervention as part of an

MTSS framework, that student may exit the MTSS intervention once the student has

achieved the desired rate of progress or growth as established for that intervention.

When a student requires supplemental, accelerated instruction under HB 4545, and the

LEA (local educational agency) opts to provide that accelerated instruction by providing

30 hours of supplemental instruction, the student must complete the 30 hours of

instruction.

12. IDEA-B funds

May IDEA-B funds be used to meet HB 4545 requirements for supplemental

instruction, such as tutoring before, during or after school, if the student is served by

special education and requires accelerated instruction?

Program guidelines for IDEA-B read in part, “It is important to keep in mind that IDEA-B

funds are supplemental and should in no case supplant State, local, and other Federal

funds. If a service is provided to all students, the same fund source must be used for the

student with disabilities that is used for the nondisabled student.”

The program guidelines continue in part, “Tutoring (before school, after school, during

school breaks) is an allowable cost with IDEA-B funds only if the need for tutoring is

determined by the [admission, review, and dismissal (ARD)] committee as an

educational need to meet the goals of the [individualized education program (IEP)].

Progress reports toward IEP goals and objectives will be required. Tutors who provide

special education services must be certified in special education. If tutoring is not in the

IEP, the same fund source used for nondisabled students must be used for the student

with disabilities. If tutoring is used to help a student with disabilities struggling with

required statewide assessment, the same fund source used for nondisabled students

must be used for the student with disabilities. If the student with disabilities requires

supplemental support while receiving tutoring services, the supplemental support can

be paid from IDEA-B funds. Personnel providing the supplemental support must hold

appropriate licensure/certification.”

13. Subsequent “Does Not Meet” Performance on STAAR

If a student served by special education completes the accelerated learning plan

established by the accelerated learning committee (ALC) to address reading or math

failure and the student is unsuccessful on the subsequent school year’s STAAR

assessment in the same subject area, how does the ARD committee address this

issue?

For a student served by special education, the ARD committee must meet and hold a

properly constituted ARD to serve as the ALC with the required members and, as

required for the ALC for all students in this circumstance, must meet with the

superintendent or superintendent’s designee. The ARD committee must address the

student’s failure and adjust the learning plan to ensure the student’s success. Revisions

to the student’s accelerated learning plan by the ARD committee must be documented

in writing. This may be included in the deliberations section of a student’s IEP or as

supplemental attachment.

14. Resource Time

If a student served by special education requires accelerated instruction and has core

instruction provided by a special education teacher in that subject area or has

resource time in that subject area in addition to their general education course, does

the resource time satisfy the HB 4545 requirements for accelerated instruction?

If the student is receiving core academic instruction from a general or special education

teacher in a subject area where accelerated instruction is required under HB 4545, and

the teacher is a certified master, exemplary, or recognized teacher licensed in that

subject area, the HB 4545 requirement for accelerated instruction would be met.

In all other circumstances, specially designed instruction provided to a student served

by special education in a resource setting as part of their current IEP does not satisfy the

requirement for supplemental, accelerated instruction under HB 4545. Specially

designed instruction provided in a resource setting is a program of instruction provided

to the student as part of the student’s free appropriate public education (FAPE), not as

supplemental tutoring. If the student requires accelerated instruction and the LEA (local

educational agency) elects to provide the accelerated instruction through supplemental

instruction, this must be provided in addition to the services the student is entitled to

receive in their IEP and be consistent with HB 4545 requirements for accelerated

instruction.

Decisions made by the ARD committee regarding the accelerated instruction needed

must be documented in writing. This may be included in the deliberations section of a

student’s IEP or as supplemental attachment.

Section H: 504/Dyslexia

1. Dyslexia Program

Are the 30 hours in addition to or in place of the services the student receives through

the dyslexia program criteria established by the State Board of Education and

provided by a person with specific training?

No, the 30 hours are in addition to the services provided. Accelerated instruction must

include targeted instruction in the TEKS for the applicable grade level and subject area.

2. 504 Committee as Accelerated Learning Committee

If a student has a Section 504 Plan, does the 504 Committee serve as the accelerated

learning committee (ALC)?

HB 4545 does not explicitly address 504 committees; therefore, districts must consider

accelerated learning needs and convene ALCs consistent with the general education

requirements.

Section I: LPAC/Emergent Bilingual

1. LPAC as Accelerated Learning Committee

May the Language Proficiency Assessment Committee (LPAC) also serve as the ALC if

the requirements are met?

The Accelerated Learning Committees must include an LPAC representative, but the

LPAC cannot serve as the full accelerated learning committee (ALC). For the 2021–22

school year, a provision has been given to the LPAC to temporarily use the LPAC parent

representative in an optional capacity (although highly encouraged) due to extenuating

circumstances in which the parent is unable to participate in-person or remotely. As

such, the LPAC would not complete an appropriate ALC unless the parent

representative, if present, were the parent of the emergent bilingual student.

Additionally, the bilingual or ESL teacher serving on the LPAC may/may not be the ALC

required teacher of the content area in which the student did not meet the passing

standard.

2. STAAR Spanish Grade 5 Reading to STAAR Grade 6 Reading

If a student did not meet the passing standard on the STAAR Spanish grade 5 reading test and

then enters 6th grade where a STAAR reading test in Spanish is not available, is the LEA

required to offer accelerated instruction in Spanish if there will not be an opportunity for the

student to take the 6

grade STAAR reading in Spanish? Can the instruction be provided in

English?

If the student entering 6

grade is participating in a bilingual education program, access

to accelerated instruction in Spanish is highly encouraged so the student continues to

access literacy skills in the primary language that will ultimately support English STAAR

mastery. The strategic use of both English and Spanish instruction may be implemented

based on student strengths and the program model’s language allocation plan.

If the student entering 6

grade is participating in an ESL program, accelerated

instruction will most likely be conducted in English in alignment with ESL program goals.

Because the student has previously participated in a bilingual program, assigning an

accelerated instruction teacher who can make connections between the primary

language and English is particularly effective as it allows the student to apply primary

language literacy knowledge within English literacy instruction.

3. Students Using the English I Assessment Provision

Is a student who uses the English I assessment provision and does not retake the test

required to have accelerated instruction?

Yes, the emergent bilingual student will need to receive the 30 hours of supplemental

accelerated instruction since the student did not pass the STAAR EOC assessment. The

student may need the targeted instruction because he or she has not been enrolled in

U.S. schools for three school years, or the student qualified as an unschooled asylee or

refugee enrolled in the U.S. for five school years or less and is still developing the English

language.

4. LPAC Representative

Can the administrator that is sitting on the committee for the 3

, 5

, or 8

grade

math and/or reading committee also be considered the required LPAC representative?

Can the LPAC representative be a teacher or must it be an administrator.

Yes, either an administrator or a teacher who is an approved LPAC member can serve as

the LPAC representative on the accelerated learning committee.

5. Refugees and Asylees

Are refugees and asylees that are coded as O since they are exempt from their first

year in accountability required to receive accelerated instruction under HB 4545?

Section 101.1005(c) of Title 19 of the TAC allows exemption of certain qualifying

emergent bilingual asylees and refugees from being administered a STAAR assessment

in grades 3-8. Students that meet the qualifying criteria for this exemption are also

exempt from requirements under HB 4545 related to accelerated instruction that would

otherwise apply when such students are coded as O.

New

8-3-2022

Section J: ADSY

1. Accelerated Instruction During ADSY

Can school districts/campuses use their ADSY (additional) days to provide

accelerated instruction?

Campuses that are eligible for Additional Days School Year (ADSY) funding may use

instructional time on ADSY days to count towards accelerated requirements if that

instruction meets the statutory requirements as defined by HB 4545. For example, if a

campus conducted the ADSY minimum of two hours of instruction on a day for a fifth-

grade student which also met the requirements for supplemental accelerated

instruction, it would be eligible to receive the ADSY funding for that student on the

associated day as well as include the instruction in the required amount of supplemental

instruction.

LEAs (local education agencies) can find more information on ADSY and eligibility

requirements at tea.texas.gov/adsy

. LEAs need to be mindful of some ADSY

requirements:

• A participating campus must offer 180 days of instruction during the regular

year.

• ADSY funding is eligible for grades PK-5.

• A minimum of two hours of instructional time must be taught by certified

teachers for each ADSY day.

Section K: TCLAS and HB 4545

1. TCLAS and Strong Foundations Grant

Is the TCLAS suite of applications basically the Strong Foundations Grant as

documented in HB 4545?

TCLAS incorporates the components of the Strong Foundations grant outlined in HB

4545 as well as additional supports. TEA will not be launching a Strong Foundations

stand-alone grant application for this school year. TEA will plan to provide additional

information on the Strong Foundations grant for future years once available.

Questions regarding the implementation of HB 4545 should be submitted in writing to

Accelerated.Instruction@tea.texas.gov

. Answers will also be added on a rolling basis to the FAQ

document.