Amend CSSB 1031 by adding the following appropriately 
numbered SECTION and renumbering the subsequent SECTIONS 
accordingly:
	SECTION ____.  Section 28.0211, Education Code, is amended 
by amending Subsections (a), (c), and (f) and adding Subsections 
(c-1), (c-2), (c-3), (c-4), and (p) to read as follows:
	(a)  Except as provided by Subsection (c-3) [(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 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.
	(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 provide the student with an opportunity to take the 
assessment instrument a second time.  Before administering the 
assessment instrument to the student a second time, the district 
shall establish a grade placement committee to prescribe [to] the 
[student] accelerated instruction that must be provided by the 
district to the student in the applicable subject area, including 
reading instruction for a student who fails to perform 
satisfactorily on a reading assessment instrument, and establish an 
educational plan for the student.  The educational plan must be 
designed to enable the student to perform at the appropriate grade 
level by the conclusion of the school year.  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.
	(c-1)  The grade placement committee established under 
Subsection (c) 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.
	(c-2)  In addition to providing accelerated instruction to a 
student and establishing an educational plan for 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;
		(2)  the accelerated instruction program to which the 
student is assigned;
		(3)  the educational plan developed for the student;                   
		(4)  the opportunity for the student to take the 
assessment instrument a second time; and
		(5)  the possibility that the student might be retained 
at the same grade level for the next school year if the student 
fails to perform satisfactorily after taking the assessment 
instrument a second time.
	(c-3)  If [After] a student fails to perform satisfactorily 
on an assessment instrument a second time, the [a] grade placement 
committee shall determine whether the student should be promoted.  
The grade placement committee may promote the student if the 
committee determines that the student has demonstrated an overall 
competency in the essential knowledge and skills of the student's 
grade level.  If the grade placement committee determines that the 
student should not be promoted, the grade placement committee shall 
provide the student with an opportunity to take the assessment 
instrument a third time.  If the student's parent or guardian 
declines the opportunity for the student to take the assessment 
instrument a third time or if the student takes the assessment 
instrument a third time and fails to perform satisfactorily on the 
assessment instrument, the student may not be promoted to the next 
grade level unless the grade placement committee determines that 
the student has demonstrated an overall competency in the essential 
knowledge and skills of the student's grade level.  A student may 
not be retained on the basis of the grade placement committee's 
decision under this subsection 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 [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].
	(c-4)  In determining whether a student has demonstrated an 
overall competency in the essential knowledge and skills of the 
student's grade level under Subsection (c-3) the grade placement 
committee shall consider:
		(1)  evidence of the student's satisfactory 
performance, including grades, portfolios, work samples, local 
assessments, and individual reading and mathematics diagnostic 
tests or inventories;
		(2)  the student's grades in language arts, 
mathematics, science, and social studies for the grade level from 
which the student seeks promotion;
		(3)  the student's performance on the individual 
assessment instruments administered to the student under Section 
39.023;
		(4)  the student's total scores on the assessment 
instrument or instruments specified by Subsection (a); and
		(5)  extenuating circumstances that have adversely 
affected the student's participation in the required assessments.
	(f)  A school district shall provide to a student who, after 
two [three] attempts, has failed to perform satisfactorily on an 
assessment instrument specified under Subsection (a) accelerated 
instruction during the next school year as prescribed by the [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 
educational plan developed for the student under Subsection (c).  
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.
	(p)  If at any point during the school year a teacher 
determines that a student who is required to take an assessment 
instrument specified under Subsection (a) is not performing at 
grade level, the teacher shall notify the student's parent or 
guardian in writing and by telephone and request a conference with 
the parent or guardian.  The teacher must request the conference not 
later than the 30th day before the first day on which the assessment 
instrument specified under Subsection (a) is administered to the 
student.
	SECTION ____.  Sections 28.0211(b), (d), and (e), Education 
Code, are repealed.