Texas HB 4545: Tutoring Hours, Group Size, and Subject Cap

Texas House Bill 4545 is the 2021 law that ended automatic grade retention for students who fail STAAR and replaced it with a requirement that school districts provide targeted supplemental tutoring to any student in grades 3 through 8 who doesn’t reach the “Approaches Grade Level” standard, along with high school students who fail an End-of-Course exam. HB 1416, which took effect for the 2023–2024 school year, kept the framework in place but adjusted several of the details parents most often ask about: how many hours of tutoring are required, how large the tutoring groups can be, and when a formal written plan is triggered.

Which Students Qualify for Accelerated Instruction

Any student in grades 3 through 8 who does not score “Approaches Grade Level” or higher on a STAAR assessment qualifies for accelerated instruction. The same applies to high school students who fail an End-of-Course (EOC) assessment for the first time.¹² Students who were absent or received certain exclusion codes also qualify, though the exact number of required hours depends on the reason for the score.

The old rules that forced fifth and eighth graders to retake STAAR and potentially repeat the grade are gone. HB 4545 eliminated the mandatory retention and retest requirements entirely.³ A student who doesn’t pass now moves on with supplemental instruction attached, not a held-back year.

How Many Tutoring Hours Your Child Is Owed

Under the original HB 4545, every qualifying student received at least 30 hours of supplemental instruction per failed subject. HB 1416 introduced a tiered system. Most students who do not meet the “Approaches” standard now receive a minimum of 15 hours per subject.⁴

The 30-hour minimum still applies in three situations:

Students whose STAAR performance falls into the lowest “Does Not Meet” scoring category.⁵
Incoming fourth graders who did not reach “Approaches Grade Level” on the grade 3 STAAR.⁵
Students who fail the same subject two or more school years in a row, who must also have an Accelerated Education Plan developed for them.⁵

Districts can deliver the hours during the summer after the assessment or spread them across the school year. When instruction happens during the school year, it must occur at least once per week.¹ Commissioner rules allow flexibility around holidays and shortened weeks.

Group Size and Who Provides the Tutoring

HB 4545 originally capped tutoring groups at three students. HB 1416 raised that limit to four students per tutor.⁶ One-on-one instruction is still allowed, but 4:1 is the standard maximum. Larger groups are permitted only if the parent or guardian of each student in the group authorizes it.⁴

There is a separate waiver for approved online curriculum products. TEA publishes a Ratio Waiver List of digital platforms that districts can use to exceed the 4:1 ratio when delivering instruction through those specific products.⁷

The tutor does not have to be a certified teacher. Tutors must have training in the instructional materials aligned to the subject and grade, and they must operate under the district’s oversight.³ TEA recommends that the same tutor stay with a student throughout the full instruction period rather than rotating between different instructors.

The Two-Subject Cap

HB 1416 added a practical ceiling on how much tutoring can be piled onto one child. A district cannot be required to provide accelerated instruction in more than two subjects per student in a single school year.⁴ The original HB 4545 had no such cap, and a student failing three or four STAAR tests could face 90 to 120 hours of tutoring stacked on top of regular classes.

When a student fails more than two subjects, the district must prioritize math, reading, Algebra I, English I, and English II. The remaining subjects still trigger the general accelerated instruction requirement, but the intensive tutoring hours focus on those foundational areas.

The Teacher-Assignment Alternative

Accelerated instruction doesn’t always mean separate tutoring sessions. The statute gives districts a second path: assigning the student, for the following school year, to a classroom teacher in the applicable subject who holds a Master, Exemplary, or Recognized designation under the Teacher Incentive Allotment (TIA) program.¹ If the district takes this route, the student’s regular classroom instruction with that designated teacher satisfies the requirement without additional tutoring hours.

When a Written Accelerated Education Plan Kicks In

HB 4545 originally required an Accelerated Learning Committee for any student in grades 3, 5, or 8 who failed STAAR in reading or math. HB 1416 removed the ALC requirement and replaced it with a different trigger: the Accelerated Education Plan (AEP).⁵

An AEP is now required whenever a student fails to reach “Approaches Grade Level” on STAAR in the same subject for two or more consecutive school years. The plan must identify the specific reasons the student is struggling and require at least 30 hours of supplemental instruction for each year the shortfall continues.⁵ Even if the student is placed with a TIA-designated teacher, the district must still develop an AEP once the consecutive-failure trigger is met.

A first-time STAAR failure no longer automatically produces a formal committee or written plan. The student still receives supplemental instruction, but heavier documentation and planning enter the picture only when the same problem persists across two school years. If your child triggers an AEP, expect it to be documented and shared with you, and treat it as a signal that closer coordination with the school is warranted.

When and Where Tutoring Can Happen

Accelerated instruction delivered during the school year cannot pull a student out of regular grade-level classes in the core curriculum, enrichment courses, or the recess and physical activity periods available to other students at the same grade level.³ It must be in addition to the student’s normal curriculum, not a substitute for it.¹

In practice, tutoring typically happens before school, after school, during a designated intervention block, or over the summer. If your child is being pulled from recess, art, music, or an elective to receive accelerated instruction, that is worth raising with the school, because the statute does not allow it.

What Parents Can Do

Several rights are built into the law itself.

You can request a different teacher for your child in the subject where the student did not pass. Whether the district grants the request depends on availability and classroom balance, but the district must have a process for receiving and responding to these requests.³

You can file a grievance about the content or implementation of your child’s accelerated instruction or education plan. Districts must adopt a board policy that provides this process.³ If the tutoring your child is receiving doesn’t meet the statutory requirements, this is the formal channel for challenging it.

You can decline a group-size waiver. A district cannot place your child in a tutoring group larger than four students without written parental authorization, and you are not required to give it.

You are entitled to notice. Districts must inform parents when a child qualifies for accelerated instruction and keep them updated on the support being provided. When an AEP is required, it should be documented and shared with you so you can track whether the school is delivering what the plan promises.

1
State of Texas. Texas Education Code 28.0211 – Accelerated Instruction; Modified Teacher Assignment
2
State of Texas. Texas Education Code 28.0217 – Accelerated Instruction for High School Students
3
Texas Education Agency. House Bill 4545 Implementation Overview
4
Texas Education Agency. Accelerated Instruction
5
Texas Education Agency. Frequently Asked Questions HB 1416 (88R)
6
Texas Education Agency. What’s Changed from HB 4545 to HB 1416
7
Texas Education Agency. HB 1416 Ratio Waiver List for the 2025-2026 School Year