85R2707 CAE-F
By: Leach H.B. No. 615
A BILL TO BE ENTITLED
AN ACT
relating to removing certain requirements for public school
grade-level promotion that are based on satisfactory performance on
state assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
SECTION 2. Section 28.0211, Education Code, is amended by
amending Subsections (b), (c), (d), (e), (f), (i), and (n) and
adding Subsection (e-1) to read as follows:
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on a fifth or eighth
grade mathematics or reading [an] assessment instrument
[specified] under Section 39.023 [Subsection (a)] 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
specified under Subsection (b) 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.
(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
(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) For each [A] student who, after at least three attempts,
fails to perform satisfactorily on an assessment instrument
specified under Subsection (b), [(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) shall determine whether
the student qualifies for promotion. In determining whether a
student qualifies for promotion, the student's grade placement
committee shall consider:
(1) the recommendation of the student's teacher in
each subject or course;
(2) the student's grade in each subject or course;
(3) the student's score on each applicable assessment
instrument administered under Section 39.023; and
(4) any other academic information designated for
consideration by the board of trustees of the school district.
(e-1) [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 the student completes all accelerated instruction
recommended by the committee and the committee's [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 (b) [(a)]
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 A [B], Chapter 29, and who does not perform
satisfactorily on an assessment instrument specified under
Subsection (b) [(a)] and administered under Section 39.023(a) or
(b) 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 Subsections (e) and (e-1) [this section].
(n) A student who is promoted by a grade placement committee
under this section must be assigned in each subject in which the
student failed to perform satisfactorily on an assessment
instrument specified under Subsection (b) [(a)] to a teacher who
meets all state and federal qualifications to teach that subject
and grade.
SECTION 3. Sections 28.0211(a), (a-2), (g), (o), and (p),
Education Code, are repealed.
SECTION 4. This Act applies beginning with the 2017-2018
school year.
SECTION 5. 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, 2017.