1-1     By:  Gallego, Luna (Senate Sponsor - Bivins)           H.B. No. 836

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on

 1-4     Education; May 16, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 1;

 1-6     May 16, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 836                   By:  Bivins

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to promotion to the next grade level after completion of

1-11     an extended year program.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 29.082(e), Education Code, is amended to

1-14     read as follows:

1-15           (e)  A student who attends at least 90 percent of the program

1-16     days of a program under this section and who satisfies the

1-17     requirements for promotion prescribed by Section 28.021 shall be

1-18     promoted to the next grade level at the beginning of the next

1-19     school year unless a parent of the student presents a written

1-20     request to the school principal that the student not be promoted to

1-21     the next grade level.  As soon as practicable after receiving the

1-22     request from a parent, the principal shall hold a formal meeting

1-23     with the student's parent, extended year program teacher, and

1-24     counselor.  During the meeting, the principal, teacher, or

1-25     counselor shall explain the longitudinal statistics on the academic

1-26     performance of students who are not promoted to the next grade

1-27     level and provide information on the effect of retention on a

1-28     student's self-esteem and on the likelihood of a student dropping

1-29     out of school.  After the meeting, the parent may withdraw the

1-30     request that the student not be promoted to the next grade level.

1-31     If the parent of a student eligible for promotion under this

1-32     subsection withdraws the request, the student shall be promoted.

1-33     If a student is promoted under this subsection, the school district

1-34     shall continue to use innovative practices to ensure that the

1-35     student is successful in school in succeeding years.

1-36           SECTION 2.  This Act applies beginning with the 1997-1998

1-37     school year.

1-38           SECTION 3.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended,

1-43     and that this Act take effect and be in force from and after its

1-44     passage, and it is so enacted.

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