(a) In adopting a recommended or designated scope and sequence or instructional materials for a subject in the required curriculum under § 28.002(a) in a particular grade level, a school district shall ensure sufficient time is provided for teachers to teach and students to learn the essential knowledge and skills for that subject and grade level.
(b) Except as provided by Subsection (c), a school district may not penalize a teacher who does not follow the pacing of recommended or designated instructional materials or the pacing of the recommended or designated scope and sequence for a subject in the required curriculum under § 28.002(a) in a particular grade level based on the teacher’s determination that the teacher’s students need more or less time in a specific area to demonstrate proficiency in the essential knowledge and skills for that subject and grade level.

(c) A school district may take appropriate action with respect to a teacher for conduct described by Subsection (b) based on documented evidence of a deficiency in classroom instruction obtained through observation or substantiated and documented third-party information.