By Olivo H.B. No. 2570 77R8566 ESH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to alternative criteria for promotion to certain grade 1-3 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 PROMOTION CRITERIA. (a) The 1-8 commissioner by rule shall prescribe alternative promotion criteria 1-9 that a student may meet to be promoted to: 1-10 (1) the fourth grade level without performing 1-11 satisfactorily on the assessment instrument specified under Section 1-12 28.0211(a)(1); 1-13 (2) the sixth grade level without performing 1-14 satisfactorily on the assessment instruments specified under 1-15 Section 28.0211(a)(2); or 1-16 (3) the ninth grade level without performing 1-17 satisfactorily on the assessment instruments specified under 1-18 Section 28.0211(a)(3). 1-19 (b) The alternative promotion criteria must include a 1-20 student's: 1-21 (1) grades in language arts, mathematics, science, and 1-22 social studies for: 1-23 (A) the grade level from which the student seeks 1-24 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 promotion criteria prescribed under Subsections 2-17 (a) and (b). The committee's decision is final and may not be 2-18 appealed. 2-19 (d) This section does not create a property right in 2-20 promotion to the next grade level. 2-21 (e) Notwithstanding this section, a student must meet: 2-22 (1) the requirements of Sections 25.092 and 28.021; 2-23 and 2-24 (2) any grade or conduct requirements prescribed by 2-25 school district policy, other than a requirement that a student 2-26 perform satisfactorily on the assessment instruments specified 2-27 under Section 28.0211(a). 3-1 SECTION 2. Section 28.0211(a), Education Code, is amended to 3-2 read as follows: 3-3 (a) Except as provided by Subsection (b) or (e) or Section 3-4 28.0212, a student may not be promoted to: 3-5 (1) the fourth grade program to which the student 3-6 would otherwise be assigned if the student does not perform 3-7 satisfactorily on the third grade reading assessment instrument 3-8 under Section 39.023; 3-9 (2) the sixth grade program to which the student would 3-10 otherwise be assigned if the student does not perform 3-11 satisfactorily on the fifth grade mathematics and reading 3-12 assessment instruments under Section 39.023; or 3-13 (3) the ninth grade program to which the student would 3-14 otherwise be assigned if the student does not perform 3-15 satisfactorily on the eighth grade mathematics and reading 3-16 assessment instruments under Section 39.023. 3-17 SECTION 3. Section 28.0212, Education Code, as added by this 3-18 Act, applies beginning with the 2003-2004 school year. 3-19 SECTION 4. This Act takes effect September 1, 2001.