By: Bernal, Guillen, Burns H.B. No. 657
(Senate Sponsor - Menéndez)
(In the Senate - Received from the House May 1, 2017;
May 5, 2017, read first time and referred to Committee on
Education; May 16, 2017, reported favorably by the following vote:
Yeas 11, Nays 0; May 16, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to procedures for a student enrolled in a special
education program who fails to perform satisfactorily on certain
assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.0211, Education Code, is amended by
amending Subsection (i) and adding Subsections (i-1) and (i-2) to
read as follows:
(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 (a) and administered under Section 39.023(a) or (b) must
meet before the student is administered the assessment instrument
for the second time. The committee 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 in accordance
with Subsection (i-1) or retained under this section.
(i-1) At a meeting of the admission, review, and dismissal
committee of a student under Subsection (i), the committee may
promote the student to the next grade level if the committee
concludes that the student has made sufficient progress in the
measurable academic goals contained in the student's
individualized education program developed under Section 29.005. A
school district that promotes a student under this subsection is
not required to provide an additional opportunity for the student
to perform satisfactorily on the assessment instrument.
(i-2) Not later than September 1 of each school year, a
school district must notify the parent or person standing in
parental relation to a student enrolled in the district's special
education program under Subchapter A, Chapter 29, of the options of
the admission, review, and dismissal committee under Subsections
(i) and (i-1) if the student does not perform satisfactorily on an
assessment instrument.
SECTION 2. 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.
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