SRC-AMY S.B. 1055 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1055
78R2851 ESH-DBy: Van de Putte
Education
4/9/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law places great weight on an individual test score, and
does not consider the student's record as a whole, when considering grade
promotion.  National standards require test scores to be used as one of
several criteria when making "high stakes" decisions regarding children.
According to the majority of studies, retention in grade does not lead to
increased academic achievement, and does lead to increased dropout rates.
As proposed, S.B. 1055 establishes alternative compensatory promotion
criteria for students in the third through the eighth grade, to be used in
conjunction with current assessment instruments in determining whether a
student is promoted to the next grade level. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 28B, Education Code, by adding Section 28.0212,
as follows: 

Sec. 28.0212.  ALTERNATIVE COMPENSATORY PROMOTION CRITERIA.  (a) Requires
the commissioner of education (commissioner) to prescribe, by rule,
alternative compensatory promotion criteria that a student may meet to be
promoted to certain grade levels. 

(b) Requires the alternative compensatory promotion criteria to include
certain requirements. 

(c) Requires a committee composed of certain school officials to determine
whether a student who has not performed satisfactorily on the assessment
instruments specified by Section 28.0211(a)(1), (2), or (3) (Satisfactory
Performance on Assessment Instruments), has met the alternative
compensatory promotion criteria prescribed under Subsections (a) and (b).
Requires, if the student is an individual with a disability as defined by
29 U.S.C. Section 705(20), 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, to determine whether
the student has met the alternative compensatory promotion criteria.
Provides that the committee's decision is final and may not be appealed. 

(d)  Requires the committee described by Subsection (c) to determine
whether a student who has not performed satisfactorily on an assessment
instrument specified by Section 28.0211(a)(1), (2), or (3) (Satisfactory
Performance on Assessment Instruments), has met the alternative
compensatory promotion criteria prescribed under Subsections (a) and (b)
following each administration of the assessment instrument.  Provides that
if the committee determines that the student has met the alternative
compensatory promotion criteria, the student is not subject to Section
28.0211 (Satisfactory Performance on Assessment Instruments) for the grade
level promotion for which the determination is made. 
 
(e) Provides that this section does not create a property right in
promotion to the next grade level. 

(f) Requires a student to meet certain criteria, notwithstanding this
section.  

SECTION 2.  Amends Sections 28.0211(a) - (f) and (i), Education Code, as
follows: 

(a) Includes Section 28.0212 as an exception.

(b) Includes a student who does not meet the alternative compensatory
promotion criteria prescribed under Section 28.0212 as a student the
school district is require to provide at least two additional
opportunities to take the assessment. 

(c) through (f) and (i) make conforming changes.

SECTION 3.  Provides that Section 28.0212, Education Code, as added by
this Act, applies beginning with the 2003-2004 school year. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.