HB 4545 Eliminates Grade Retention and Retesting
Requirements in Grades 5 and 8, Effective Immediately
HB 4545 is effective immediately and it applies to accelerated instruction required for or delivered during the 2021-2022 school year. School districts are required to evaluate spring 2021 STAAR scores to identify students requiring accelerated instruction in the 2021-2022 school year. Additionally, districts are required to adopt policies for contesting the content or implementation of educational plans developed by accelerated learning committees.
HB 4545 establishes new requirements for accelerated instruction for students who do not pass the STAAR, which includes students who did not take the STAAR examination. The legislation includes:
• Elimination of grade retention and retesting requirements in grades 5 and 8
• For any student who does not pass the STAAR test in grade 3, 5, or 8 in math or reading, the law imposes a new requirement to establish an accelerated learning committee to develop an individual educational plan for the student and monitor progress
• For any student who does not pass the STAAR test in grades 3–8 or STAAR (EOC) end-of-course assessments, the statute clarifies prior accelerated instruction requirements, specifying that it must include either:
• Being assigned a classroom teacher who is a certified master, exemplary, or recognized teacher or
• Receiving supplemental instruction (tutoring) before or after school, or embedded in the school day
Because the law is now in effect, TEA advises districts to immediately evaluate spring 2021 STAAR scores to identify students who will require accelerated instruction that complies with these new requirements during the 2021- 2022 school year. For any student who did not pass STAAR grades 3-8 or EOC assessments, accelerated instruction must be delivered starting in fall 2021 or in the summer of 2022.
Additional Requirements
Districts are required to establish accelerated learning committees (ALCs) for students who did not pass the STAAR test in grades 3, 5, or 8 math or reading beginning at the start of the 2021-2022 school year. Additionally, HB 4545 provides parents the right to request a different teacher. Establishing the ALC now provides an opportunity to address parent requests for different teachers and manage staffing and scheduling in a deliberate manner before the
school year starts and services are required to begin. Districts are also required to establish a board policy to manage parent grievances by August 2021. The accelerated learning committee must be comprised of:
• The principal or the principal’s designee
• The student’s parent or guardian, and
• The teacher of the subject of an assessment on which the student failed to pass.
The statute specifies components required to be included in the plans, which are intended to provide the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year. The plans must provide for progress monitoring, assessment data, and the actions and tools that will be provided for the student. They must be documented in writing with a copy provided to the student’s parent
or guardian. If a student fails an assessment in the same subject in the subsequent school year, the superintendent or a designee must meet with the student’s accelerated learning committee.
The statute requires the instruction deliver targeted TEKS-aligned instruction for the applicable grade level and subject areas. It must be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled and be designed to assist the student in achieving satisfactory performance in the applicable grade level and subject area. The instruction may not be scheduled at a time that results in a
student being removed from instruction in grade-level content for the foundation curriculum or instruction in enrichment curriculum for the grade level in which the student is enrolled; and it may not be scheduled during recess or physical activity that is available to other students enrolled in the same grade level.
Additionally, the instruction must be provided for no less than 30 hours total during the summer or subsequent school year. If provided during the subsequent school year, it should include instruction no less than once per week. If a student does not pass both math and reading STAAR tests, they will need to meet the 30 hour requirement for each of the two subject areas. The instruction must use effective instructional materials designed for
supplemental instruction and be delivered in a 1-on-1 or small group environment, with no more than three (3) students in a small group. Finally, it must be provided by an individual with training in aligned instructional materials and under the district’s oversight.
Districts should be reviewing the requirements of this law in order to be prepared for the coming school year. TEA has published a
Q&A regarding implementation of the law, with additional guidance to be published in the future. Should questions arise regarding the requirements of implementation of this law or any other matters, contact Sara
Leon & Associates for additional guidance.
