By Truan S.B. No. 1426
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.