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062904 |
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ACADEMIC ACHIEVEMENT: |
EIE |
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RETENTION AND
PROMOTION |
(LEGAL) |
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PROMOTION |
A student may be promoted only on the
basis of academic achievement or demonstrated proficiency of the subject
matter of the course or grade level. Education Code 28.021(a) An award of credit for a course
affirms that a student has satisfactorily met all state and local
requirements. Course credit shall be awarded according to this policy. 19
TAC 74.26(a) A course must be considered completed
and credit must be awarded if the student has demonstrated achievement by
meeting standard requirements of the course, including demonstrated
proficiency in the subject matter, regardless of the time the student has
received instruction in the course or the grade level at which proficiency is
attained. The academic record (transcript) shall reflect that students have
satisfactorily completed courses at earlier grade levels than grades
9–12 and have been awarded state graduation credits. 19 TAC 74.26(b) In addition to local policy relating
to grade advancement, students in grades 3, 5, and 8 must meet the passing
standard on the appropriate assessment instrument listed at GRADE ADVANCEMENT
TESTING REQUIREMENTS. 19 TAC 101.2001(b) A student does not have a property
interest in promotion. Education Code 28.0211(e) The District is not precluded from
retaining, in accordance with state law or Board policy, a student who
performs satisfactorily on an assessment instrument listed at GRADE
ADVANCEMENT TESTING REQUIREMENTS. Education Code 28.0211(g) |
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HIGH SCHOOL GRADUATION |
Credit for courses for high school
graduation may be earned only if the student received a grade that is the
equivalent of 70 on a scale of 100, based upon the essential knowledge and
skills for each course. 19 TAC 74.26(c) Students who have been retained in
grade 8 in accordance with the grade advancement testing requirements may
earn course credit for high school graduation during the next school year in
subject areas other than the required courses in the subject area which
caused the student to be retained. 19 TAG 101.2019(a) |
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GRADE ADVANCEMENT
TESTING REQUIREMENTS |
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; 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; 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. Education Code 28.0211(a) The District shall provide to a
student who initially fails to perform satisfactorily on an assessment
instrument listed above at least two additional opportunities to take the
assessment instrument. Education Code 28.0211(b) The Superintendent shall establish
procedures to ensure: 1. That each eligible student who is absent or
does not receive a test score for any test administration shall receive
appropriate accelerated instruction as warranted on an individual basis; and 2. That each eligible student who is absent or
does not receive a test score for all three test opportunities and is
consequently retained shall receive other appropriate means of evaluation,
including an alternate assessment, so that the grade placement committee
(GPC) has sufficient evidence for its review upon appeal by a parent or
guardian. 19 TAG 101.2005(c) These requirements apply to any
eligible student who is enrolled in the District at the time of testing, as
established by the Commissioner in the assessment calendar. 19 TAC
101.2003(b) |
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IMPLEMENTATION SCHEDULE |
The assessments and accelerated
instruction described in this policy apply to the assessment instrument
administered to student: in: 1. The third grade beginning with the
2002–03 school year; 2. The fifth grade beginning with the
2004–05 school year; and 3. The eighth grade beginning with the
2007–08 school year. Education Code 28.0211(n); 19 TAC
101.9 |
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GENERAL NOTICE OF
GRADE ADVANCEMENT TESTING REQUIREMENTS |
In order to provide timely and full
notification of testing requirements for advancement at certain grades, the
Superintendent shall be responsible for: 1. Notifying each student and the student's parent
or guardian in writing no later than the beginning of the student's
first-grade year or no later than the beginning of the student's kindergarten
year, for students attending kindergarten in the District, of the testing
requirements for grade advancement; 2. Notifying each student in grades 1–8 who
is new to the District and the student's parent or guardian in writing of the
testing requirements for grade advancement; and 3. Notifying each student required to take the
grade advancement tests of the dates, times, and locations of testing. 19 TAC 101.13 |
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ACCELERATED
INSTRUCTION |
Each time a student fails to perform
satisfactorily on an assessment instrument listed at GRADE ADVANCEMENT
TESTING REQUIREMENTS, the District shall provide the student with accelerated
instruction in the applicable subject area, including reading instruction for
a student who fails to perform satisfactorily on a reading assessment
instrument. Accelerated instruction should be consistent with previous
diagnostic testing and intervention activities, if any, the student has
received. A group-administered accelerated instruction may not have a ratio
of more than ten students for each teacher. Accelerated instruction required after
the first and second testing opportunities should be designed to address student
needs to the greatest extent possible before the next respective testing
opportunity. Accelerated instruction shall be based
on, but not limited to, the following: 1. Assessment of specific student needs, which may
include, as appropriate, the following: teacher observations and evaluations;
academic progress reports; previous identification of student needs and
corresponding interventions; and performance on previous assessment
instruments in the applicable subject. 2. Best instructional practices identified through
research. Education Code 28.0211(c), 19 TAG
101.2013(a), (b), (d) The District shall provide accelerated
instruction to a student who, after three attempts, has failed to perform
satisfactorily on an assessment listed at GRADE ADVANCEMENT TESTING
REQUIREMENTS. The accelerated instruction shall be provided during the next
school year according to an educational plan developed for the student by the
student's GPC. The District shall provide the instruction regardless of
whether the student has been promoted or retained. The educational plan shall
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 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 instrument for that school
year. Education Code 28.0211(f) |
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NOTICE TO PARENTS OF
PERFORMANCE AND |
In addition to providing the
accelerated instruction, 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. Whenever the District is required to
notify a parent or guardian about the requirements related to promotion and
accelerated instruction, the District shall make a good-faith effort to
ensure that the notice is provided either in person or by regular mail, is
clear and easy to understand, and is written in English or in the parent or
guardian's native language. Education Code 28.0211(d), (h) |
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UPON EARLY IDENTIFICATION OF AT-RISK STUDENTS NOTICE |
The District shall provide early
notice to parents or guardians of students identified in a preceding grade to
be at risk of failure on the first administration of the test required for
grade advancement the next year. The Superintendent shall establish the
instruments/ procedures to be used to make this determination; however, in
the case of students in grade 2, it must include the results of the reading
inventory required by Education Code 28.006. This notice shall be provided
before the end of the school year preceding the grade advancement
requirements. 19 TAC 101.2009(b) |
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UPON FIRST TESTING NOTICE |
The District shall notify the parent
or guardian of a student who has failed to demonstrate proficiency on the
first administration of a grade advancement test. This notification should be
made within five working days of the District's receipt of student test
results from this administration. This notice shall include the student's
test results, a description of the District's grade advancement policy, the
accelerated instruction to which the student has been assigned, and the
possibility that the student might be retained at the same grade level for
the next school year. In addition, the notice shall encourage parents or
guardians to meet immediately with the student's teacher to outline mutual
responsibilities to support the student during accelerated instruction. 19
TAC 101.2009(c) |
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UPON SECOND TESTING NOTICE |
Within five working days of the
District's receipt of student test results for the second administration of
the test required for grade advancement, the District shall notify the campus
principal of results for each student who fails to demonstrate proficiency.
Upon receipt of this notice, the principal shall notify the teacher and
parent or guardian of the test results. This notice shall include a
description of the purpose and responsibilities of a grade placement
committee (GPC) for the student, as well as the time and place for the first
meeting of the GPC. 19 TAC 101.2007(c) |
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GRADE PLACEMENT
COMMITTEE |
After a student fails to perform
satisfactorily on an assessment instrument a second time, a GPC shall be
established to prescribe the accelerated instruction the student is to
receive before the assessment instrument is administered the third time.
Decisions by the GPC shall be made on an individual student basis to ensure
the most effective way to support the student's academic achievement on grade
level. The GPC shall be composed of the
principal or the principal's designee, the student's parent or guardian, and
the student's teacher of the subject of the grade advancement test on which
the student failed to perform satisfactorily. If this teacher is unavailable,
the principal shall designate to serve on the committee a certified
professional educator who is most familiar with the student in the subject
area. If more than one parent or guardian
has the authority to make educational decisions regarding the student, a good
faith effort must be made to notify both parents, but participation of any
one parent or guardian is sufficient. Either parent or only one guardian may
initiate an appeal. If both parents or guardians
serve on the GPC but do not agree, either may agree to promote the student
(if the remaining members of the GPC also agree to the promotion). The
District may accept a parent's or guardian's written designation of another
person to serve on the GPC for all purposes. The District may accept a
parent's or guardian's written and signed waiver of participation in the GPC
and designation of the remaining members of the GPC as the decision-making
entity for all purposes. If a parent or guardian or designee is
unable to attend a meeting, the District may use other methods to ensure
parent participation, including individual or conference telephone calls. The
District may designate another person to act on behalf of the student in
place of a parent, guardian, or designee if no such person can be located. A
surrogate parent named to act on behalf of a student with a disability shall
be considered a parent for this purpose. If the parent or guardian is
unavailable, the remaining members of the GPC must convene as required by law
and take any actions required. Education Code 28.0211(c); 19 TAC
101.2007(a), (b) |
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ALTERNATE ASSESSMENT |
For the third testing opportunity, the
Board may choose to use a state-approved alternate assessment instead of the
statewide assessment instrument. If the Board adopts such a policy, the
District shall select from a list provided annually by the Commissioner only
one test for each applicable grade and subject. The alternate assessment must
be given during the period established by the Commissioner in the assessment
calendar to coincide with the date of the third administration of the
statewide assessment. 19 TAC 101.2011(a)-(b) |
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PARENTAL WAIVER |
The Superintendent
shall establish a waiver process by which a parent or guardian may request
that a student not participate in the third test opportunity due to potential
harm to the student. The waiver must provide documentation of potential harm,
student need, and other appropriate information. If a parental waiver is
granted, the student must still participate in all required accelerated
instruction and is subject to retention based on the failure on the second
test administration. 19 TAC 101.2015 |
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UPON THIRD TESTING NOTICE |
The GPC must convene
again if a student fails to demonstrate proficiency on the third
administration of a test required for grade advancement and is thereby
automatically retained at the same grade level. Within five working days of
receipt of student test results for this administration, the District shall
notify the campus principal of results for each student who fails to
demonstrate proficiency. Upon receipt of this notice, the principal shall
notify the teacher and parent or guardian of the time and place for the GPC
to hold a meeting. This notice shall inform the parent or guardian of the
opportunity to appeal the automatic retention of the student. The District
shall establish a procedure to ensure a good faith effort is made toward
securing the parent's or guardian's receipt of the retention notification. 19
TAC 101.2007(e) |
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RETENTION AND APPEAL |
A student who fails to perform
satisfactorily after at least three attempts on one of the assessment
instruments listed at GRADE ADVANCEMENT TESTING REQUIREMENTS shall be
retained at the same grade level for the next school year. The parent or
guardian may appeal the retention by submitting a request to the GPC within
five working days of receipt of the retention notification. Education Code
28.0211(e); 19 TAC 101.2007(e) The GPC may not agree to promote a
student unless a parent, guardian, or designee has appealed. 19 TAC
101.2007(b)(2) If an appeal is initiated by the
parent or guardian, the GPC may decide in favor of promotion only if the GPC
concludes, upon review of all facts and circumstances, and in accordance with
standards adopted by the Board, that the student is likely to perform on
grade level given additional accelerated instruction during the next school
year. A student may be promoted only if the decision of the GPC is unanimous.
The review and decision of the GPC must be appropriately documented as
meeting the standards adopted by the Board. 19 TAC 101.2007(f) The placement decision by the GPC
shall be made before the start of the next school year, or if applicable,
upon re-enrollment of the student after this date. 19 TAC 101.2007(g) The committee's decision regarding
placement is final and may not be appealed. Education Code 28.0211(e) |
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TRANSFER STUDENTS |
The District shall determine a
student's previous testing history and, if applicable, the accelerated
instructional program he or she has received. 19 TAC 101.2003(g) A student who has been promoted upon
completion of a school year in a school other than a |
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LIMITED ENGLISH
PROFICIENT (LEP) STUDENTS |
The language proficiency assessment
committee (LPAC) shall determine appropriate assessment and acceleration
options for a limited English proficient (LEP) student who is administered an
assessment in English and Spanish for a grade and subject specified at GRADE
ADVANCEMENT TESTING REQUIREMENTS. The GPC for a LEP student shall make its
decisions in consultation with a member of the student's LPAC. 19 TAC
101.2003(d) |
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SPECIAL EDUCATION
STUDENTS |
The admission, review, and dismissal
(ARD) committee of a student who participates in the District's special
education program, including a LEP student, and who does not perform
satisfactorily on an assessment instrument listed at GRADE ADVANCEMENT
TESTING REQUIREMENTS shall determine the manner in which the student will
participate in an accelerated reading instruction program and whether the
student will be promoted or retained. Education Code 28.0211(i); 19 TAC 101.2003(c), (e) |
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DYSLEXIC STUDENTS |
In measuring the academic achievement
or proficiency of a student who is dyslexic, the student's potential for
achievement or proficiency in the area must be considered. Education Code
28.021(b); 19 TAC 101.2003(f) [See policies at EHB, EKB,
and FB] |
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AGE-APPROPRIATE
ASSIGNMENT |
The Board may establish a policy that
provides for the placement of retained students in an age-appropriate
learning environment. In accordance with local grade configurations for
elementary, middle, and high school campuses, the Board may specify the age
by which a retained student should be placed on the next level campus even
though not yet promoted to the grade of that campus. 19 TAC 101.2019(b) |
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TRANSPORTATION TO
ACCELERATED INSTRUCTION PROGRAMS |
The District shall provide students
required to attend the accelerated programs described above with
transportation to those programs if the programs occur outside of regular
school hours. Education Code 28.0211(j); 19 TAC 101.2013(c) |
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OPTIONAL EXTENDED-YEAR
PROGRAM |
A student who does not meet District
standards or policies for promotion on the basis of academic achievement or
demonstrated proficiency of the subject matter of the course or grade level
shall be eligible for services under the optional extended-year program. 19
TAC 105.1001 [See EHBC] A student who attends at least 90
percent of the extended-year program days and who satisfies the requirements
for promotion (academic achievement or demonstrated proficiency of the
subject matter of the course or grade level) shall be promoted to the next
grade level at the beginning of the next school year. However, if the
student's parent presents a written request to the school principal asking
that the student not be promoted, the principal shall hold a formal meeting
with the parent, the teacher, and the counselor, as soon as practicable after
receiving such a request. During the meeting, the principal, teacher, or
counselor shall explain the possible effects of not promoting a student. If
the parent withdraws the request after the meeting, the student shall be
promoted, and the District shall continue to use innovative practices to
ensure that the student is successful in school in succeeding school years. If a district provides an
extended-year program, it shall adopt a policy designed to lead to immediate
reduction and ultimate elimination of student retention. Education Code 29.082(e), (f) [See EHBC] |
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DATE
ISSUED: |
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UPDATE
69 |
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EIE(LEGAL)—P |
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