Texas 2009 - 81st Regular

Texas House Bill HB153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2283 PAM-D
2	2	By: Olivo H.B. No. 153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the promotion of students to certain grade levels in
8	8	public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28.0211, Education Code, is amended by
11	11	amending Subsections (a), (c), and (f) and adding Subsections
12	12	(c-1), (c-2), (c-3), (c-4), and (n) to read as follows:
13	13	(a) Except as provided by Subsection (c-3) [(b) or (e)], a
14	14	student may not be promoted to:
15	15	(1) the fourth grade program to which the student
16	16	would otherwise be assigned if the student does not perform
17	17	satisfactorily on the third grade reading assessment instrument
18	18	under Section 39.023;
19	19	(2) the sixth grade program to which the student would
20	20	otherwise be assigned if the student does not perform
21	21	satisfactorily on the fifth grade mathematics and reading
22	22	assessment instruments under Section 39.023; or
23	23	(3) the ninth grade program to which the student would
24	24	otherwise be assigned if the student does not perform
25	25	satisfactorily on the eighth grade mathematics and reading
26	26	assessment instruments under Section 39.023.
27	27	(c) After the first [Each] time a student fails to perform
28	28	satisfactorily on an assessment instrument specified under
29	29	Subsection (a), the school district in which the student attends
30	30	school shall provide the student with an opportunity to take the
31	31	assessment instrument a second time. Before administering the
32	32	assessment instrument to the student a second time, the district
33	33	shall establish a grade placement committee to prescribe [to] the
34	34	[student] accelerated instruction that must be provided by the
35	35	district to the student in the applicable subject area, including
36	36	reading instruction for a student who fails to perform
37	37	satisfactorily on a reading assessment instrument, and establish an
38	38	educational plan for the student. The educational plan must be
39	39	designed to enable the student to perform at the appropriate grade
40	40	level by the conclusion of the school year. An accelerated
41	41	instruction group administered by a school district under this
42	42	section may not have a ratio of more than 10 students for each
43	43	teacher.
44	44	(c-1) The grade placement committee established under
45	45	Subsection (c) shall be composed of the principal or the
46	46	principal's designee, the student's parent or guardian, and the
47	47	teacher of the subject of an assessment instrument on which the
48	48	student failed to perform satisfactorily. The district shall
49	49	notify the parent or guardian of the time and place for convening
50	50	the grade placement committee and the purpose of the committee.
51	51	(c-2) In addition to providing accelerated instruction to a
52	52	student and establishing an educational plan for a student under
53	53	Subsection (c), the district shall notify the student's parent or
54	54	guardian of:
55	55	(1) the student's failure to perform satisfactorily on
56	56	the assessment instrument;
57	57	(2) the accelerated instruction program to which the
58	58	student is assigned;
59	59	(3) the educational plan developed for the student;
60	60	(4) the opportunity for the student to take the
61	61	assessment instrument a second time; and
62	62	(5) the possibility that the student may be retained
63	63	at the same grade level for the next school year if the student
64	64	fails to perform satisfactorily after taking the assessment
65	65	instrument a second time.
66	66	(c-3) If [After] a student fails to perform satisfactorily
67	67	on an assessment instrument a second time, the [a] grade placement
68	68	committee shall determine whether the student should be promoted.
69	69	The grade placement committee may promote the student if the
70	70	committee determines that the student has demonstrated an overall
71	71	competency in the essential knowledge and skills of the student's
72	72	grade level. If the grade placement committee determines that the
73	73	student should not be promoted, the grade placement committee shall
74	74	provide the student with an opportunity to take the assessment
75	75	instrument a third time. If the student's parent or guardian
76	76	declines the opportunity for the student to take the assessment
77	77	instrument a third time or if the student takes the assessment
78	78	instrument a third time and fails to perform satisfactorily on the
79	79	assessment instrument, the student may not be promoted to the next
80	80	grade level unless the grade placement committee determines that
81	81	the student has demonstrated an overall competency in the essential
82	82	knowledge and skills of the student's grade level. A student may
83	83	not be retained on the basis of the grade placement committee's
84	84	decision under this subsection unless that decision is unanimous.
85	85	The commissioner by rule shall establish a time line for making the
86	86	placement determination. This subsection does not create a
87	87	property interest in promotion [be established to prescribe the
88	88	accelerated instruction the district shall provide to the student
89	89	before the student is administered the assessment instrument the
90	90	third time. The grade placement committee shall be composed of the
91	91	principal or the principal's designee, the student's parent or
92	92	guardian, and the teacher of the subject of an assessment
93	93	instrument on which the student failed to perform satisfactorily.
94	94	The district shall notify the parent or guardian of the time and
95	95	place for convening the grade placement committee and the purpose
96	96	of the committee. An accelerated instruction group administered by
97	97	a school district under this section may not have a ratio of more
98	98	than 10 students for each teacher].
99	99	(c-4) In determining whether a student has demonstrated an
100	100	overall competency in the essential knowledge and skills of the
101	101	student's grade level under Subsection (c-3) the grade placement
102	102	committee shall consider:
103	103	(1) evidence of the student's satisfactory
104	104	performance, including grades, portfolios, work samples, local
105	105	assessments, and individual reading and mathematics diagnostic
106	106	tests or inventories;
107	107	(2) the student's grades in language arts,
108	108	mathematics, science, and social studies for the grade level from
109	109	which the student seeks promotion;
110	110	(3) the student's performance on the individual
111	111	assessment instruments administered to the student under Section
112	112	39.023;
113	113	(4) the student's total scores on the assessment
114	114	instrument or instruments specified by Subsection (a); and
115	115	(5) extenuating circumstances that have adversely
116	116	affected the student's participation in the required assessments.
117	117	(f) A school district shall provide to a student who, after
118	118	two [three] attempts, has failed to perform satisfactorily on an
119	119	assessment instrument specified under Subsection (a) accelerated
120	120	instruction during the next school year as prescribed by the [an]
121	121	educational plan developed for the student by the student's grade
122	122	placement committee [established] under Subsection (c). The
123	123	district shall provide that accelerated instruction regardless of
124	124	whether the student has been promoted or retained. [The
125	125	educational plan must be designed to enable the student to perform
126	126	at the appropriate grade level by the conclusion of the school
127	127	year.] During the school year, the student shall be monitored to
128	128	ensure that the student is progressing in accordance with the
129	129	educational plan developed for the student under Subsection (c).
130	130	The district shall administer to the student the assessment
131	131	instrument for the grade level in which the student is placed at the
132	132	time the district regularly administers the assessment instruments
133	133	for that school year.
134	134	(n) If at any point during the school year a teacher
135	135	determines that a student who is required to take an assessment
136	136	instrument specified under Subsection (a) is not performing at
137	137	grade level, the teacher shall notify the student's parent or
138	138	guardian in writing and by telephone and request a conference with
139	139	the parent or guardian. The teacher must request the conference not
140	140	later than the 30th day before the first day on which the assessment
141	141	instrument specified under Subsection (a) is administered to the
142	142	student.
143	143	SECTION 2. Sections 28.0211(b), (d), and (e), Education
144	144	Code, are repealed.
145	145	SECTION 3. This Act applies beginning with the 2009-2010
146	146	school year.
147	147	SECTION 4. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.