By Luna H.B. No. 3353 75R9325 CAS-F 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. Unless there is such a documented error 1-21 or inconsistency, the teacher's determination of students' grades 1-22 may not be used as a basis for an adverse evaluation of that 1-23 teacher's performance under Section 21.352. 1-24 (e) The State Board of Education may adopt rules necessary 2-1 to implement this section. 2-2 SECTION 2. This Act applies beginning with the 1997-1998 2-3 school year. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted.