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. 1-45 * * * * *