1-1     By:  Bivins                                            S.B. No. 522

 1-2           (In the Senate - Filed February 10, 1997; February 13, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     April 11, 1997, reported favorably by the following vote:  Yeas 9,

 1-5     Nays 1; April 11, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to promotion to the next grade level after completion of

 1-9     an extended year program.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (e), Section 29.082, Education Code,

1-12     is amended to read as follows:

1-13           (e)  A student who attends at least 90 percent of the program

1-14     days of a program under this section and who satisfies the

1-15     requirements for promotion prescribed by Section 28.021 shall be

1-16     promoted to the next grade level at the beginning of the next

1-17     school year unless a parent of the student presents a written

1-18     request to the school principal that the student not be promoted to

1-19     the next grade level.  As soon as practicable after receiving the

1-20     request from a parent, the principal shall hold a formal meeting

1-21     with the student's parent, extended year program teacher, and

1-22     counselor.  During the meeting, the principal, teacher, or

1-23     counselor shall explain the longitudinal statistics on the academic

1-24     performance of students who are not promoted to the next grade

1-25     level and provide information on the effect of retention on a

1-26     student's self-esteem and on the likelihood of a student dropping

1-27     out of school.  After the meeting, the parent may withdraw the

1-28     request that the student not be promoted to the next grade level.

1-29     If the parent of a student eligible for promotion under this

1-30     subsection withdraws the request, the student shall be promoted.

1-31     If a student is promoted under this subsection, the school district

1-32     shall continue to use innovative practices to ensure that the

1-33     student is successful in school in succeeding years.

1-34           SECTION 2.  This Act applies beginning with the 1997-1998

1-35     school year.

1-36           SECTION 3.  The importance of this legislation and the

1-37     crowded condition of the calendars in both houses create an

1-38     emergency and an imperative public necessity that the

1-39     constitutional rule requiring bills to be read on three several

1-40     days in each house be suspended, and this rule is hereby suspended,

1-41     and that this Act take effect and be in force from and after its

1-42     passage, and it is so enacted.

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