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AN ACT
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relating to procedures for a student enrolled in a special |
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education program who fails to perform satisfactorily on certain |
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assessment instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.0211, Education Code, is amended by |
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amending Subsection (i) and adding Subsections (i-1) and (i-2) to |
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read as follows: |
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(i) The admission, review, and dismissal committee of a |
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student who participates in a district's special education program |
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under Subchapter A [B], Chapter 29, and who does not perform |
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satisfactorily on an assessment instrument specified under |
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Subsection (a) and administered under Section 39.023(a) or (b) must |
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meet before the student is administered the assessment instrument |
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for the second time. The committee shall determine: |
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(1) the manner in which the student will participate |
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in an accelerated instruction program under this section; and |
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(2) whether the student will be promoted in accordance |
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with Subsection (i-1) or retained under this section. |
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(i-1) At a meeting of the admission, review, and dismissal |
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committee of a student under Subsection (i), the committee may |
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promote the student to the next grade level if the committee |
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concludes that the student has made sufficient progress in the |
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measurable academic goals contained in the student's |
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individualized education program developed under Section 29.005. A |
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school district that promotes a student under this subsection is |
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not required to provide an additional opportunity for the student |
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to perform satisfactorily on the assessment instrument. |
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(i-2) Not later than September 1 of each school year, a |
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school district must notify the parent or person standing in |
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parental relation to a student enrolled in the district's special |
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education program under Subchapter A, Chapter 29, of the options of |
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the admission, review, and dismissal committee under Subsections |
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(i) and (i-1) if the student does not perform satisfactorily on an |
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assessment instrument. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 657 was passed by the House on April |
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27, 2017, by the following vote: Yeas 130, Nays 14, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 657 was passed by the Senate on May |
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19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |