By Olivo, Turner of Harris, Dunnam, Dutton,           H.B. No. 2570
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to alternative compensatory criteria for promotion to
 1-3     certain grade levels in public school.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 28, Education Code, is
 1-6     amended by adding Section 28.0212 to read as follows:
 1-7           Sec. 28.0212.  ALTERNATIVE COMPENSATORY PROMOTION CRITERIA.
 1-8     (a)  The commissioner by rule shall prescribe alternative
 1-9     compensatory promotion criteria that a student may meet to be
1-10     promoted to:
1-11                 (1)  the fourth grade level without performing
1-12     satisfactorily on the assessment instrument specified under Section
1-13     28.0211(a)(1);
1-14                 (2)  the sixth grade level without performing
1-15     satisfactorily on the assessment instruments specified under
1-16     Section 28.0211(a)(2); or
1-17                 (3)  the ninth grade level without performing
1-18     satisfactorily on the assessment instruments specified under
1-19     Section 28.0211(a)(3).
1-20           (b)  The alternative compensatory promotion criteria must
1-21     include a student's:
1-22                 (1)  grades in language arts, mathematics, science, and
1-23     social studies for:
1-24                       (A)  the grade level from which the student seeks
1-25     promotion; and
 2-1                       (B)  each lower grade level the student has
 2-2     completed;
 2-3                 (2)  performance on the individual assessment
 2-4     instruments administered to the student under Section 39.023;
 2-5                 (3)  total scores, using only the student's highest
 2-6     scores, on the assessment instrument or instruments specified by
 2-7     Section 28.0211(a)(1), (2), or (3); and
 2-8                 (4)  overall academic performance, as evaluated by the
 2-9     student's teacher or teachers.
2-10           (c)  A committee composed of the student's teacher, the
2-11     student's principal or the principal's designee, and a counselor at
2-12     the student's school, or in the student's school district if the
2-13     student's school does not have a counselor, shall determine whether
2-14     a student who has not performed satisfactorily on the assessment
2-15     instruments specified under Section 28.0211(a)(1), (2), or (3) has
2-16     met the alternative compensatory promotion criteria prescribed
2-17     under Subsections (a) and (b).  If the student is an individual
2-18     with a disability, as defined by 29 U.S.C. Section 705(20) and its
2-19     subsequent amendments, the committee established by the school
2-20     district in compliance with Section 504, Rehabilitation Act of 1973
2-21     (29 U.S.C. Section 794), and its subsequent amendments shall
2-22     determine whether the student has met the alternative compensatory
2-23     promotion criteria.  The decision of a committee is final and may
2-24     not be appealed.
2-25           (d)  The committee described by Subsection (c) shall
2-26     determine whether a student who has not performed satisfactorily on
2-27     an assessment instrument specified under Section 28.0211 has met
 3-1     the alternative compensatory promotion criteria prescribed under
 3-2     Subsections (a) and (b) following each administration of the
 3-3     assessment instrument.  If the committee determines the student has
 3-4     met the alternative compensatory promotion criteria, the student is
 3-5     not subject to Section 28.0211 for the grade level promotion as to
 3-6     which the determination is made.
 3-7           (e)  This section does not create a property right in
 3-8     promotion to the next grade level.
 3-9           (f)  Notwithstanding this section, a student must meet:
3-10                 (1)  the requirements of Sections 25.092 and 28.021;
3-11     and
3-12                 (2)  any grade or conduct requirements prescribed by
3-13     school district policy, other than a requirement that a student
3-14     perform satisfactorily on the assessment instruments specified
3-15     under Section 28.0211(a).
3-16           SECTION 2.  Sections 28.0211(a)-(f), (i), (n), and (o),
3-17     Education Code, are amended to read as follows:
3-18           (a)  Except as provided by Subsection (b) or (e) or Section
3-19     28.0212, a student may not be promoted to:
3-20                 (1)  the fourth grade program to which the student
3-21     would otherwise be assigned if the student does not perform
3-22     satisfactorily on the third grade reading assessment instrument
3-23     under Section 39.023;
3-24                 (2)  the sixth grade program to which the student would
3-25     otherwise be assigned if the student does not perform
3-26     satisfactorily on the fifth grade mathematics and reading
3-27     assessment instruments under Section 39.023; or
 4-1                 (3)  the ninth grade program to which the student would
 4-2     otherwise be assigned if the student does not perform
 4-3     satisfactorily on the eighth grade mathematics and reading
 4-4     assessment instruments under Section 39.023.
 4-5           (b)  A school district shall provide to a student who
 4-6     initially fails to perform satisfactorily on an assessment
 4-7     instrument specified under Subsection (a) and who does not meet the
 4-8     alternative compensatory promotion criteria prescribed under
 4-9     Section 28.0212 at least two additional opportunities to take the
4-10     assessment instrument.  A school district may administer an
4-11     alternate assessment instrument to a student who has failed an
4-12     assessment instrument specified under Subsection (a) on the
4-13     previous two opportunities.  Notwithstanding any other provision of
4-14     this section, a student may be promoted if the student performs at
4-15     grade level on an alternate assessment instrument under this
4-16     subsection that is appropriate for the student's grade level and
4-17     approved by the commissioner.
4-18           (c)  Each time a student fails to perform satisfactorily on
4-19     an assessment instrument specified under Subsection (a), the school
4-20     district in which the student attends school shall provide to the
4-21     student accelerated instruction in the applicable subject area,
4-22     including reading instruction for a student who fails to perform
4-23     satisfactorily on a reading assessment instrument.  After a student
4-24     fails to perform satisfactorily on an assessment instrument a
4-25     second time, if the student does not meet the alternative
4-26     compensatory promotion criteria prescribed under Section 28.0212, a
4-27     grade placement committee shall be established to prescribe the
 5-1     accelerated instruction the district shall provide to the student
 5-2     before the student is administered the assessment instrument the
 5-3     third time.  The grade placement committee shall be composed of the
 5-4     principal or the principal's designee, the student's parent or
 5-5     guardian, and the teacher of the subject of an assessment
 5-6     instrument on which the student failed to perform satisfactorily.
 5-7     The district shall notify the parent or guardian of the time and
 5-8     place for convening the grade placement committee and the purpose
 5-9     of the committee.  An accelerated instruction group administered by
5-10     a school district under this section may not have a ratio of more
5-11     than 10 students for each teacher.
5-12           (d)  In addition to providing accelerated instruction to a
5-13     student under Subsection (c), the district shall notify the
5-14     student's parent or guardian of:
5-15                 (1)  the student's failure to perform satisfactorily on
5-16     the assessment instrument and to meet the alternative compensatory
5-17     promotion criteria prescribed under Section 28.0212;
5-18                 (2)  the accelerated instruction program to which the
5-19     student is assigned; and
5-20                 (3)  the possibility that the student might be retained
5-21     at the same grade level for the next school year.
5-22           (e)  A student who, after at least three attempts, fails to
5-23     perform satisfactorily on an assessment instrument specified under
5-24     Subsection (a) and who does not meet the alternative compensatory
5-25     promotion criteria prescribed under Section 28.0212 shall be
5-26     retained at the same grade level for the next school year in
5-27     accordance with Subsection (a).  The student's parent or guardian
 6-1     may appeal the student's retention by submitting a request to the
 6-2     grade placement committee established under Subsection (c).  The
 6-3     school district shall give the parent or guardian written notice of
 6-4     the opportunity to appeal.  The grade placement committee may
 6-5     decide in favor of a student's promotion only if the committee
 6-6     concludes, using standards adopted by the board of trustees, that
 6-7     if promoted and given accelerated instruction, the student is
 6-8     likely to perform at grade level.  A student may not be promoted on
 6-9     the basis of the grade placement committee's decision unless that
6-10     decision is unanimous.  The commissioner by rule shall establish a
6-11     time line for making the placement determination.  This subsection
6-12     does not create a property interest in promotion.  The decision of
6-13     the grade placement committee is final and may not be appealed.
6-14           (f)  A school district shall provide to a student who, after
6-15     three attempts, has failed to perform satisfactorily on an
6-16     assessment instrument specified under Subsection (a) and who does
6-17     not meet the alternative compensatory promotion criteria prescribed
6-18     under Section 28.0212 accelerated instruction during the next
6-19     school year as prescribed by an educational plan developed for the
6-20     student by the student's grade placement committee established
6-21     under Subsection (c).  The district shall provide that accelerated
6-22     instruction regardless of whether the student has been promoted or
6-23     retained.  The educational plan must be designed to enable the
6-24     student to perform at the appropriate grade level by the conclusion
6-25     of the school year.  During the school year, the student shall be
6-26     monitored to ensure that the student is progressing in accordance
6-27     with the plan.  The district shall administer to the student the
 7-1     assessment instrument for the grade level in which the student is
 7-2     placed at the time the district regularly administers the
 7-3     assessment instruments for that school year.
 7-4           (i)  The admission, review, and dismissal committee of a
 7-5     student who participates in a district's special education program
 7-6     under Subchapter B, Chapter 29, and who does not perform
 7-7     satisfactorily on an assessment instrument specified under
 7-8     Subsection (a) and administered under Section 39.023(a) or (b) and
 7-9     who does not meet the alternative compensatory promotion criteria
7-10     prescribed under Section 28.0212 shall determine:
7-11                 (1)  the manner in which the student will participate
7-12     in an accelerated instruction program under this section; and
7-13                 (2)  whether the student will be promoted or retained
7-14     under this section.
7-15           (n)  This section applies to the assessment instrument
7-16     administered to students in:
7-17                 (1)  the third grade beginning with the 2003-2004
7-18     [2002-2003] school year;
7-19                 (2)  the fifth grade beginning with the 2005-2006
7-20     [2004-2005] school year; and
7-21                 (3)  the eighth grade beginning with the 2008-2009
7-22     [2007-2008] school year.
7-23           (o)  Subsection (n) and this subsection expire September 1,
7-24     2009 [January 1, 2008].
7-25           SECTION 3.  Section 28.0212, Education Code, as added by this
7-26     Act, applies beginning with the 2003-2004 school year.
7-27           SECTION 4.  This Act takes effect September 1, 2001.