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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.