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Amend CSSB 1108 by adding the following new SECTIONS to the 
bill, appropriately numbered, and by renumbering the subsequent 
SECTIONS of the bill accordingly:
	SECTION ___.  Section 28.0211, Education Code, is amended by 
amending Subsections (a)-(e) and (i) and adding Subsection (a-1) to 
read as follows:
	(a)  Except as provided by Subsection (b) or (e), a student 
may not be promoted to:
		(1)  the fourth grade program to which the student 
would otherwise be assigned if the student does not:
			(A)  perform satisfactorily on the third grade 
reading assessment instrument under Section 39.023; or
			(B)  meet the alternative promotion criteria 
established under Subsection (a-1);
		(2)  the sixth grade program to which the student would 
otherwise be assigned if the student does not:
			(A)  perform satisfactorily on the fifth grade 
mathematics and reading assessment instruments under Section 
39.023;  or
			(B)  meet the alternative promotion criteria 
established under Subsection (a-1); or
		(3)  the ninth grade program to which the student would 
otherwise be assigned if the student does not:
			(A)  perform satisfactorily on the eighth grade 
mathematics and reading assessment instruments under Section 
39.023; or
			(B)  meet the alternative promotion criteria 
established under Subsection (a-1).
	(a-1)  The alternative promotion criteria must include:                 
		(1)  the student's performance on the individual 
assessment instruments administered to the student under Section 
39.023;
		(2)  the student's total score on each assessment 
instrument specified by Subsection (a)(1)(A), (2)(A), or (3)(A), 
using only the student's highest scores;
		(3)  the student's overall academic performance, as 
evaluated by the student's teacher or teachers based on evidence of 
satisfactory performance, including the student's:
			(A)  grades;                                                          
			(B)  portfolios and work samples;                                     
			(C)  performance on locally administered 
assessment instruments;    
			(D)  performance on individual reading and 
mathematics diagnostic tests or inventories; and
			(E)  improvement in performance on subsequent 
administrations of an assessment instrument specified under 
Subsection (a); and
		(4)  any extenuating circumstances that adversely 
affected the student's performance on the specified assessment 
instruments or participation in accelerated instruction.
	(b)  A school district shall provide to a student who 
initially fails to perform satisfactorily on an assessment 
instrument specified under Subsection (a) and who fails to meet the 
alternative promotion criteria established under Subsection (a-1)
at least two additional opportunities to take the assessment 
instrument.  A school district may administer an alternate 
assessment instrument to a student who has failed an assessment 
instrument specified under Subsection (a) on the previous two 
opportunities or has not met the alternative promotion criteria 
established under Subsection (a-1).  Notwithstanding any other 
provision of this section, a student may be promoted if the student 
performs at grade level on an alternate assessment instrument under 
this subsection that is appropriate for the student's grade level 
and approved by the commissioner.
	(c)  The first [Each] time a student fails to perform 
satisfactorily on an assessment instrument specified under 
Subsection (a), the school district in which the student attends 
school shall establish a grade placement committee composed of the 
principal or the principal's designee, the student's parent or 
guardian, and the teacher of the subject of an assessment 
instrument on which the student failed to perform satisfactorily.  
The district shall notify the parent or guardian of the time and 
place for convening the grade placement committee and the purpose 
of the committee.   The grade placement committee shall determine 
whether the student has met the alternative promotion criteria 
established under Subsection (a-1).  If the grade placement 
committee determines, as provided by Subsection (e), that the 
student has not met the alternative promotion criteria established 
under Subsection (a-1), the committee shall prescribe for [provide 
to] the student accelerated instruction in the applicable subject 
area, including reading instruction for a student who fails to 
perform satisfactorily on a reading assessment instrument.  After a 
student fails to perform satisfactorily on an assessment instrument 
a second time or to meet the alternative promotion criteria 
established under Subsection (a-1), the [a grade placement] 
committee shall [be established to] prescribe [the] accelerated 
instruction that the district shall provide to the student before 
the student is administered the assessment instrument the third 
time.  [The grade placement committee shall be composed of the 
principal or the principal's designee, the student's parent or 
guardian, and the teacher of the subject of an assessment 
instrument on which the student failed to perform satisfactorily.  
The district shall notify the parent or guardian of the time and 
place for convening the grade placement committee and the purpose 
of the committee.]  An accelerated instruction group administered 
by a school district under this section may not have a ratio of more 
than 10 students for each teacher.
	(d)  In addition to providing accelerated instruction to a 
student under Subsection (c), the district shall notify the 
student's parent or guardian of:
		(1)  the student's failure to perform satisfactorily on 
the assessment instrument or meet the alternative promotion 
criteria established under Subsection (a-1);
		(2)  the accelerated instruction program to which the 
student is assigned; and
		(3)  the possibility that the student might be retained 
at the same grade level for the next school year.
	(e)  A student who, after at least three attempts, fails to 
perform satisfactorily on an assessment instrument specified under 
Subsection (a) and who fails to meet the alternative promotion 
criteria established under Subsection (a-1) or perform 
satisfactorily on an alternate assessment instrument under 
Subsection (b) shall be retained at the same grade level for the 
next school year [in accordance with Subsection (a).  The student's 
parent or guardian may appeal the student's retention by submitting 
a request to the grade placement committee established under 
Subsection (c).  The school district shall give the parent or 
guardian written notice of the opportunity to appeal].  The grade 
placement committee may decide in favor of a student's retention
[promotion] only if the grade placement committee established under 
Subsection (c) concludes, after reviewing all the facts and 
circumstances in accordance with Subsection (a-1) [using standards 
adopted by the board of trustees], that even if promoted and given 
accelerated instruction, the student is not likely to perform at 
grade level during the next school year.  A student may not be 
retained [promoted] on the basis of the grade placement committee's 
decision unless that decision is unanimous.  The review and final 
decision of the grade placement committee must be appropriately 
documented as complying with Subsection (a-1).  The commissioner by 
rule shall establish a time line for making the placement 
determination.  This subsection does not create a property interest 
in promotion.  The decision of the grade placement committee is 
final and may not be appealed.
	(i)  If the student is an individual with a disability, as 
defined by 29 U.S.C. Section 705(20), and its subsequent 
amendments, the committee established by the school district in 
compliance with Section 504, Rehabilitation Act of 1973 (29 U.S.C. 
Section 794), and its subsequent amendments, shall determine 
whether the student has met the alternative promotion criteria 
established under Subsection (a-1).  The admission, review, and 
dismissal committee of a student who participates in a district's 
special education program under Subchapter B, Chapter 29, and who 
does not perform satisfactorily on an assessment instrument 
specified under Subsection (a) and administered under Section 
39.023(a) or (b) and who does not meet the alternative promotion 
criteria established under Subsection (a-1) shall determine:
		(1)  the manner in which the student will participate 
in an accelerated instruction program under this section; and
		(2)  whether the student will be promoted or retained 
under this section.   
	SECTION ___.  Section 28.0211, Education Code, as amended by 
this Act, applies beginning with the 2003-2004 school year.