By:  Van de Putte                                                 S.B. No. 1097


A BILL TO BE ENTITLED

AN ACT

relating to accelerated instruction required to be provided to 
students before the students may be retained at the third grade 
level in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 28.0211(c) and (e), Education Code, are 
amended to read as follows:
	(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, 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.  For purposes of 
determining the performance of a district on the academic 
excellence indicator adopted under Section 39.051(b)(7), the 
commissioner shall include evaluation of a district's provision of 
accelerated instruction in accordance with this subsection to 
students at the third grade level and may impose sanctions under 
Subchapter G, Chapter 39, on a district that fails to comply with 
this subsection in providing accelerated instruction to those 
students.
	(e)  Except as otherwise provided by this subsection, a [A] 
student who, after at least three attempts, fails to perform 
satisfactorily on an assessment instrument specified under 
Subsection (a) 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.  A student may 
not be retained at the third grade level under this section unless a 
district has provided the student with the accelerated instruction 
required for the student under Subsection (c) in a manner that 
satisfies the student/teacher ratio prescribed by Subsection (c) 
and has provided any accelerated reading instruction required for 
the student under Section 28.006(g)
	SECTION 2.  Section 28.006(j), Education Code, is amended to 
read as follows:
	(j)  No more than 15 percent of the funds certified by the 
commissioner under Subsection (i) may be spent on indirect costs.  
The commissioner shall evaluate the programs that fail to provide 
accelerated reading instruction as required under Subsection (g) or 
to meet the standard of performance under Section 39.051(b)(7) and 
may implement sanctions under Subchapter G, Chapter 39.  The 
commissioner may audit the expenditures of funds appropriated for 
purposes of this section.  The use of the funds appropriated for 
purposes of this section shall be verified as part of the district 
audit under Section 44.008.
	SECTION 3.  This Act applies to retention at the third grade 
level in public schools based on assessment instruments 
administered during or after the 2002-2003 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.