78R2851 ESH-D
By: Van de Putte S.B. No. 1055
A BILL TO BE ENTITLED
AN ACT
relating to alternative compensatory criteria for promotion to
certain grade levels in public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0212 to read as follows:
Sec. 28.0212. ALTERNATIVE COMPENSATORY PROMOTION CRITERIA.
(a) The commissioner by rule shall prescribe alternative
compensatory promotion criteria that a student may meet to be
promoted to:
(1) the fourth grade level without performing
satisfactorily on the assessment instrument specified by Section
28.0211(a)(1);
(2) the sixth grade level without performing
satisfactorily on the assessment instruments specified by Section
28.0211(a)(2); or
(3) the ninth grade level without performing
satisfactorily on the assessment instruments specified by Section
28.0211(a)(3).
(b) The alternative compensatory promotion criteria must
include a student's:
(1) grades in language arts, mathematics, science, and
social studies for:
(A) the grade level from which the student seeks
promotion; and
(B) each lower grade level the student has
completed;
(2) performance on the individual assessment
instruments administered to the student under Section 39.023;
(3) total scores, using only the student's highest
scores, on the assessment instrument or instruments specified by
Section 28.0211(a)(1), (2), or (3); and
(4) overall academic performance, as evaluated by the
student's teacher or teachers.
(c) A committee composed of the student's teacher, the
student's principal or the principal's designee, and a counselor at
the student's school, or in the student's school district if the
student's school does not have a counselor, shall determine whether
a student who has not performed satisfactorily on the assessment
instruments specified by Section 28.0211(a)(1), (2), or (3) has met
the alternative compensatory promotion criteria prescribed under
Subsections (a) and (b). 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 compensatory
promotion criteria. The decision of a committee is final and may
not be appealed.
(d) The committee described by Subsection (c) shall
determine whether a student who has not performed satisfactorily on
an assessment instrument specified by Section 28.0211 (a)(1), (2),
or (3) has met the alternative compensatory promotion criteria
prescribed under Subsections (a) and (b) following each
administration of the assessment instrument. If the committee
determines the student has met the alternative compensatory
promotion criteria, the student is not subject to Section 28.0211
for the grade level promotion as to which the determination is made.
(e) This section does not create a property right in
promotion to the next grade level.
(f) Notwithstanding this section, a student must meet:
(1) the requirements of Sections 25.092 and 28.021;
and
(2) any grade or conduct requirements prescribed by
school district policy, other than a requirement that a student
perform satisfactorily on the assessment instruments specified by
Section 28.0211(a)(1), (2), or (3).
SECTION 2. Sections 28.0211(a)-(f) and (i), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (b) or (e) or Section
28.0212, 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 perform
satisfactorily on the third grade reading assessment instrument
under Section 39.023;
(2) the sixth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading
assessment instruments under Section 39.023; or
(3) the ninth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
assessment instruments under Section 39.023.
(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 does not meet the
alternative compensatory promotion criteria prescribed under
Section 28.0212 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. 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) 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 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, if the student does not meet the alternative
compensatory promotion criteria prescribed under Section 28.0212,
a grade placement committee shall be established to prescribe the
accelerated instruction 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 and to meet the alternative compensatory
promotion criteria prescribed under Section 28.0212;
(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 does not meet the alternative compensatory
promotion criteria prescribed under Section 28.0212 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 promotion only if the committee
concludes, using standards adopted by the board of trustees, that
if promoted and given accelerated instruction, the student is
likely to perform at grade level. A student may not be promoted on
the basis of the grade placement committee's decision unless that
decision is unanimous. 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.
(f) A school district shall provide to a student who, after
three attempts, has failed to perform satisfactorily on an
assessment instrument specified under Subsection (a) and who does
not meet the alternative compensatory promotion criteria
prescribed under Section 28.0212 accelerated instruction during
the next school year as prescribed by an educational plan developed
for the student by the student's grade placement committee
established under Subsection (c). The district shall provide that
accelerated instruction regardless of whether the student has been
promoted or retained. The educational plan must be designed to
enable the student to perform at the appropriate grade level by the
conclusion of the school year. During the school year, the student
shall be monitored to ensure that the student is progressing in
accordance with the plan. The district shall administer to the
student the assessment instrument for the grade level in which the
student is placed at the time the district regularly administers
the assessment instruments for that school year.
(i) 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 compensatory promotion criteria
prescribed under Section 28.0212 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 3. Section 28.0212, Education Code, as added by
this Act, applies beginning with the 2003-2004 school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.