By Bivins                                        S.B. No. 522

      75R2414 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to promotion to the next grade level after completion of

 1-3     an extended year program.

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

 1-5           SECTION 1.  Section 29.082(e), Education Code, is amended to

 1-6     read as follows:

 1-7           (e)  A student who attends at least 90 percent of the program

 1-8     days of a program under this section and who satisfies the

 1-9     requirements for promotion prescribed by Section 28.021 shall be

1-10     promoted to the  next grade level at the beginning of the next

1-11     school year unless a parent of the student presents a written

1-12     request to the school principal that the student not be promoted to

1-13     the next grade level.  As soon as practicable after receiving the

1-14     request from a parent, the principal shall hold a formal meeting

1-15     with the student's parent, extended year program teacher, and

1-16     counselor.  During the meeting, the principal, teacher, or

1-17     counselor shall explain the longitudinal statistics on the academic

1-18     performance of students who are not promoted to the next grade

1-19     level and provide information on the effect of retention on a

1-20     student's self-esteem and on the likelihood of a student dropping

1-21     out of school.  After the meeting, the parent may withdraw the

1-22     request that the student not be promoted to the next grade level.

1-23     If the parent of a student eligible for promotion under this

1-24     subsection withdraws the request, the student shall be promoted.

 2-1     If a student is promoted under this subsection, the school district

 2-2     shall continue to use innovative practices to ensure that the

 2-3     student is successful in school in succeeding years.

 2-4           SECTION 2.  This Act applies beginning with the 1997-1998

 2-5     school year.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended,

2-11     and that this Act take effect and be in force from and after its

2-12     passage, and it is so enacted.