Did You Know HB 5 Limits Removal of Students from Class for Test Prep or Tutoring?

This year’s big state bill on testing, HB 5, is best known for cutting the number of state end-of-course exams a student must pass to graduate and for other changes in course requirements. But the hundred-plus pages of HB 5 contain a lot of other noteworthy provisions, too, including one that requires school districts to limit the amount of time a student can be removed from class for remedial tutoring or test preparation.

That change was made in an amendment to Texas Education Code Section 25.083, which relates to interruptions of the school day. The amendment’s operative language, in Section 25.083, Subsection (b), says:

“The board of trustees of each school district shall adopt and strictly enforce a policy limiting the removal of students from class for remedial tutoring or test preparation. A district may not remove a student from a regularly scheduled class for remedial tutoring or test preparation if, as a result of the removal, the student would miss more than 10 percent of the school days on which the class is offered, unless the student’s parent or another person standing in parental relation to the student provides to the district written consent for removal from class for such purpose.”

HB 5 makes this section applicable “beginning with the 2013-2014 school year.” Has your district adopted such a policy as required by law? And is your district meeting its obligation to “strictly enforce” the policy? Let us know by sending an e-mail to info@texasaft.org.

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