By Luna                                                H.B. No. 370
         76R2124 CAS-D                           
                                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)  The commissioner may adopt rules necessary to implement
1-18     this section.
1-19           SECTION 2.  This Act applies beginning with the 1999-2000
1-20     school year.
1-21           SECTION 3.  The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended,
 2-2     and that this Act take effect and be in force from and after its
 2-3     passage, and it is so enacted.