By Luna                                               H.B. No. 3353

         Substitute the following for H.B. No. 3353:

         By Culberson                                      C.S.H.B. No. 3353

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the determination of academic achievement or

 1-3     proficiency as the basis for being promoted in public school.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 28.021, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 28.021.  STUDENT ADVANCEMENT.  (a)  A student may be

 1-8     promoted only on the basis of  academic achievement or demonstrated

 1-9     proficiency of the subject matter of the course or grade level.

1-10           (b)  Except as provided by Subsection (c), a student must

1-11     achieve a grade equal to or greater than the equivalent of 70 on a

1-12     scale of 100 in a course to demonstrate academic achievement or

1-13     proficiency for purposes of this section.

1-14           (c)  In measuring the academic achievement or proficiency of

1-15     a student who is dyslexic, the student's potential for achievement

1-16     or proficiency in the area must be considered.

1-17           (d)  An administrator may not alter a teacher's determination

1-18     of a student's grade for the teacher's course or class except in

1-19     the case of a documented error or of inconsistency with the

1-20     teacher's grading policy.

1-21           (e)  The commissioner may adopt rules necessary to implement

1-22     this section.

1-23           SECTION 2.  This Act applies beginning with the 1997-1998

1-24     school year.

 2-1           SECTION 3.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.