Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024 Page: 836
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providing supplemental instruction. The proposed amendment
to 104.1001 would implement HB 1416 as follows.
The term "supplemental accelerated instruction" would be
changed to "accelerated instruction" throughout the rule.
The requirements for accelerated instruction would be modified
in subsection (b)(1).
New subsection (b)(3) would be added to clarify that school
districts and open-enrollment charter schools cannot excuse
students from receiving the required accelerated instruction
because of the provisions of renumbered subsection (b)(2).
Subsection (c) would be amended to modify the provisions re-
lated to required transportation for students attending acceler-
ated instruction programs outside school hours.
New subsection (d)(1) and (2) would be added to specify the
hours of instruction that must be provided based on a student's
performance on an assessment instrument specified under TEC,
28.0211(a-1).
New subsection (e) would be added to outline provisions related
to accelerated education plans and notification of the plans to a
student's parent or guardian.
Requirements for accelerated learning committees, including
specific provisions for admission, review, and dismissal (ARD)
committees serving as accelerated learning committees, would
be removed.
New subsection (g) would be added to describe new waivers of
accelerated instruction requirements.
New subsection (h) would be added to allow for the provision
of accelerated instruction by ACAM. The new subsection would
define ACAM; describe approval by TEA of ACAM to provide
accelerated instruction that is more effective than individual or
group instruction and waive the 4:1 student-to-teacher ratio re-
quirement; list school district and charter school responsibilities
when implementing the use of ACAM for accelerated instruction;
and state that vendors seeking provider approval will follow the
process established by TEA.
New subsection (i) would clarify that accelerated instruction
waivers focus only on mathematics and reading because those
subject areas are tested consecutively. The new subsection
would also describe the conditions that will enable schools to
qualify for the accelerated instruction waiver and explain how
school districts and charter schools will be notified if they are
included on the waiver list and how they can apply for a waiver
using the Accelerated Instruction Waiver under TEA Login
(TEAL).
New subsection (j) would clarify that repeating a high schoolcourse in its entirety is the equivalent to grade retention, which
would remove accelerated instruction requirements for students
repeating an entire course at the high school level.
FISCAL IMPACT: Andrew Hodge, associate commissioner for
system innovation, has determined that for the first five-year pe-
riod the proposal is in effect, there are no additional costs to state
or local government, including school districts and open-enroll-
ment charter schools, required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on
local economy; therefore, no local employment impact statement
is required under Texas Government Code, 2001.022.SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMU-
NITY IMPACT: The proposal has no direct adverse economic
impact for small businesses, microbusinesses, or rural commu-
nities; therefore, no regulatory flexibility analysis, specified in
Texas Government Code, 2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal
does not impose a cost on regulated persons, another state
agency, a special district, or a local government and, therefore,
is not subject to Texas Government Code, 2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not im-
pose a burden on private real property and, therefore, does not
constitute a taking under Texas Government Code, 2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Gov-
ernment Growth Impact Statement assessment for this proposed
rulemaking. During the first five years the proposed rulemak-
ing would be in effect, it would expand an existing regulation by
adding information related to instruction conducted by ACAM,
introducing waivers of accelerated instruction requirements, and
including provisions related to accelerated instruction plans. The
proposal would limit an existing regulation by removing informa-
tion related to ARD committees serving as accelerated learning
committees. In addition, the new waiver provisions would de-
crease the number of individuals subject to the rule for the dura-
tion of the waiver, which is one school year.
The proposed rulemaking would not create or eliminate a gov-
ernment program; would not require the creation of new em-
ployee positions or elimination of existing employee positions;
would not require an increase or decrease in future legislative
appropriations to the agency; would not require an increase or
decrease in fees paid to the agency; would not create a new
regulation; would not repeal an existing regulation; would not in-
crease the number of individuals subject to its applicability; and
would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: Mr. Hodge has
determined that for each year of the first five years the proposal
is in effect, the public benefit anticipated as a result of enforcing
the proposal would be to provide school districts and open-enroll-
ment charterschools that meet the set criteria a one-school-year
waiver from accelerated instruction. Additionally, school districts
and charter schools using products included on the TEA ACAM
list will not have to adhere to the 4:1 student-to-teacher ratio for
students who meet the set criteria. There is no anticipated eco-
nomic cost to persons who are required to comply with the pro-
posal.
DATA AND REPORTING IMPACT: The proposal would have no
data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK RE-QUIREMENTS: TEA has determined that the proposal would re-
quire a written report or other paperwork but does not specifically
require a principal or classroom teacher to complete the report or
paperwork. However, local district decisions may vary. Regard-
less, the proposal would impose the least burdensome require-
ment possible to achieve the objective of the rule. School dis-
tricts meeting the accelerated instruction waiver criteria will have
to complete the Accelerated Instruction Waiver through TEAL.
PUBLIC COMMENTS: The public comment period on the
proposal begins February 16, 2024, and ends March 18,
2024. A request for a public hearing on the proposal submit-
ted under the Administrative Procedure Act must be received
by the commissioner of education not more than 14 calen-49 TexReg 836 February 16, 2024 Texas Register
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Texas. Secretary of State. Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024, periodical, February 16, 2024; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1657764/m1/32/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.