Texas Education Code - Section 28.0211. Satisfactory Performance On Assessment Instruments Required; Accelerated Instruction
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§ 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
provided by Subsection (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.
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on an assessment
instrument specified under 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 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;
(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) A student who, after at least three attempts, fails to
perform satisfactorily on an assessment instrument specified under
Subsection (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). 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 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 (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.
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
specified under Subsection (a).
(h) In each instance under this section in which a school
district is specifically required to provide notice to a parent or
guardian of a student, the district shall make a good faith effort
to ensure that such notice is provided either in person or by
regular mail and that the notice is clear and easy to understand and
is written in English or the parent or guardian's native language.
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter 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)
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 this section.
(j) A school district or open-enrollment charter school
shall provide students required to attend accelerated programs
under this section with transportation to those programs if the
programs occur outside of regular school hours.
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.051.
(l) The commissioner shall issue a report to the legislature
not later than December 1, 2000, that reviews the enrollment of
students in accelerated instruction and the quality and
availability of accelerated instruction programs, including
accelerated instruction-related teacher professional development
programs.
(m) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section. A determination by the commissioner is final and
may not be appealed. For purposes of certification, the
commissioner may not consider Foundation School Program funds.
This section may be implemented only if the commissioner certifies
that sufficient funds have been appropriated during a school year
for administering the accelerated instruction programs specified
under this section.
Text of subsection (n) effective until January 1, 2008
(n) This section applies to the assessment instrument
administered to students in:
(1) the third grade beginning with the 2002-2003
school year;
(2) the fifth grade beginning with the 2004-2005
school year; and
(3) the eighth grade beginning with the 2007-2008
school year.
Text of subsection (o) effective until January 1, 2008
(o) Subsection (n) and this subsection expire January 1,
2008.
Added by Acts 1999, 76th Leg., ch. 396, § 2.12, eff. Sept. 1,
1999.
Section: 28.005 28.0051 28.006 28.007 28.008 28.009 28.021 28.0211 28.0212 28.0213 28.0214 28.022 28.023 28.024 28.025
Last modified: August 11, 2007
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