Texas HB 1416 sets the accelerated instruction requirements that public school districts must follow when a student in grades 3–8 fails a STAAR assessment or when a high school student fails an End-of-Course exam. The law, which rewrote much of Education Code Section 28.0211, gives districts a choice between assigning the student to a highly rated teacher or providing supplemental tutoring, scales the required tutoring hours to how far below grade level the student scored, and lets parents modify or remove the requirement in writing.
Which Students Are Covered
The requirement applies any time a student in grades three through eight does not perform satisfactorily on a STAAR assessment, or a high school student does not pass an EOC exam. “Satisfactory” means reaching the Approaches Grade Level standard or higher; students who hit that mark are not subject to any supplemental instruction requirements.1Texas Education Agency. Accelerated Instruction
All tested subjects are covered, but a district may cap supplemental instruction at two subjects per student per year, giving priority to math and reading language arts.1Texas Education Agency. Accelerated Instruction One boundary worth flagging: students who take STAAR Alternate 2 are not subject to Section 28.0211.2Texas Education Agency. HB 1416 FAQ
The Two Options a District Can Choose
When a student misses the Approaches standard, the district must do one of two things. It can assign the student, for the following school year in that subject, to a classroom teacher certified as master, exemplary, or recognized under Education Code Section 21.3521. Or it can provide supplemental instruction that meets the statute’s requirements.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment
Most districts default to supplemental instruction because they don’t have enough teachers holding those specific certifications to cover every student who qualifies. Parents can also request that their child be placed with a particular teacher in the subject area for the next year, provided the campus has more than one teacher available.
How Many Hours of Supplemental Instruction Are Required
HB 1416 ties the number of tutoring hours to the student’s performance level rather than applying a single flat figure to everyone. Students who scored in the higher part of Does Not Meet Grade Level need at least 15 hours of supplemental instruction per subject. Students who scored in the Low Does Not Meet range, defined by commissioner rule as significantly below satisfactory, need at least 30 hours per subject.2Texas Education Agency. HB 1416 FAQ
Some situations land a student in the 30-hour tier regardless of exact score. Incoming fourth graders who did not reach Approaches on the third-grade STAAR fall into the 30-hour requirement automatically, as do students who receive a “00 Excluded” score with an “S” (score) code.2Texas Education Agency. HB 1416 FAQ Hours are counted per subject, so a student who fell short in both math and reading has separate hour requirements for each.
How the Tutoring Must Be Delivered
The statute sets specific ground rules for how sessions run. Instruction happens in groups of no more than four students per instructor, unless every parent in the group authorizes a larger size. Sessions must be scheduled at least once per week during the school year, with allowances for holidays and shortened weeks. A district may instead deliver all the required hours through a summer program.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment
The instruction must be supplemental. It comes on top of the student’s regular classroom time, not in place of it. The person delivering the instruction needs training in the applicable instructional materials and works under district oversight, but the statute does not require a teaching certificate.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment To the extent possible, the same person should provide instruction across the whole supplemental period. That phrasing is aspirational rather than a hard mandate.
The Digital Product Waiver to the Four-to-One Ratio
HB 1416 lets the TEA approve automated, computerized, or other augmented instructional products that a district can use in place of the four-to-one ratio. Approved products appear on the HB 1416 Ratio Waiver List, which TEA updates annually.4Texas Education Agency. HB 1416 Ratio Waiver List for the 2026-27 School Year
To be listed, a product goes through a review that looks at efficacy, research rigor, alignment with the Texas Essential Knowledge and Skills, and whether it gives students meaningful independent learning opportunities. Every product must also clear the State Board of Education’s Instructional Materials Review and Approval process. A district using an approved product has to ensure students meet the specific minimum usage requirements attached to that product. Fall short of those, and the district loses the waiver and must return to the standard four-to-one ratio for that instruction.5Texas Education Agency. HB 1416 Ratio Waiver List Products Districts also remain responsible for vetting products against content-safety requirements, including the Children’s Internet Protection Act and Texas Penal Code provisions protecting students from harmful material.
What Happens After Two Consecutive Failures
When a student fails to reach the Approaches standard on the same subject for two or more consecutive school years, the district must develop a written accelerated education plan before the next school year begins. The plan has to identify why the student is not performing satisfactorily and require at least 30 hours of supplemental instruction per year in that subject, regardless of where in the Does Not Meet range the student scored.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment
The plan can also expand tutoring availability, assign the student to a specific teacher better suited to provide accelerated instruction, or direct additional resources toward the student. The district provides a copy to the parent or guardian and monitors progress throughout the year. A parent who disagrees with the plan’s content or how it’s carried out can challenge it through the district’s grievance process.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment The district must also make a good-faith attempt to hold parent-teacher conferences at both the start and end of the following school year, explaining what accelerated instruction the student will receive and how the parent can participate in developing the plan.6Texas Legislature Online. Texas Education Code – HB 1416 – Accelerated Instruction Provided to Public School Students
What Parents Can Do
HB 1416 gives parents explicit authority over supplemental instruction. A parent or guardian can submit a written request to the campus administrator to modify or completely remove any supplemental instruction requirement. This applies to students who failed a STAAR assessment and to students given a beginning-of-year assessment aligned with the relevant subject’s TEKS.2Texas Education Agency. HB 1416 FAQ For a student without a failed STAAR score on file, the district must administer a beginning-of-year assessment before the parent can exercise the opt-out.
There is a guardrail. Districts cannot encourage or steer parents toward opting out. The statute expressly prohibits a district from directing a parent to make an election that would let the district skip providing supplemental instruction or deliver it in groups larger than four.3State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment
Districts must notify parents when their child is not performing on grade level, at a parent-teacher conference when possible or by other means if a conference cannot be arranged. TEA develops a model plain-language notice districts can use.6Texas Legislature Online. Texas Education Code – HB 1416 – Accelerated Instruction Provided to Public School Students Parents can also request a particular teacher in the subject area for the next school year when the campus has more than one teacher available.