By Gallego H.B. No. 3769
76R7277 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to individualized performance agreements concerning
1-3 students who fail to perform satisfactorily in academic classes or
1-4 on standardized assessment instruments.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 28, Education Code, is
1-7 amended by adding Section 28.026 to read as follows:
1-8 Sec. 28.026. INDIVIDUALIZED PERFORMANCE AGREEMENTS. (a) If
1-9 a student fails to perform satisfactorily on an assessment
1-10 instrument under Section 39.023, the student, the student's parent,
1-11 and the student's teachers shall execute an individualized
1-12 performance agreement in accordance with this section.
1-13 (b) If a student receives for an academic class in a grade
1-14 evaluation period a grade lower than the equivalent of 70 on a
1-15 scale of 100, the student, the student's parent, and the student's
1-16 teacher for that class shall execute an individualized performance
1-17 agreement in accordance with this section.
1-18 (c) In an individualized performance agreement:
1-19 (1) the student shall commit to making a specific and
1-20 described level of effort toward improving performance;
1-21 (2) the student's parent shall commit to taking
1-22 specific and described actions designed to enhance the student's
1-23 performance, including enhancement of the student's home learning
1-24 environment; and
2-1 (3) the student's teacher or teachers, as applicable,
2-2 shall commit to providing specific and described assistance and
2-3 services designed to enhance the student's performance.
2-4 (d) At the request of the student, the student's parent, or
2-5 a teacher who is a party to an individualized performance
2-6 agreement, the principal or another appropriate administrator
2-7 designated by the principal shall confer with the parties to the
2-8 agreement, participate in the development of the agreement, and
2-9 sign the agreement. If an administrator participates, the
2-10 administrator may commit to performing particular actions or ensure
2-11 the provision of particular assistance or services.
2-12 (e) An individualized performance agreement is not binding,
2-13 and no rights or liabilities accrue to any person as the result of
2-14 an individualized performance agreement. A student may not be
2-15 punished or in any way discriminated against for failure to meet
2-16 commitments made in an individualized performance agreement.
2-17 (f) The commissioner may adopt rules governing the form and
2-18 content of individualized performance agreements.
2-19 (g) If the language normally used in the student's home, or
2-20 the parent's primary language, is other than English, the
2-21 individualized performance agreement must be prepared in both
2-22 languages.
2-23 SECTION 2. This Act applies beginning with the 1999-2000
2-24 school year.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.