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.