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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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 Texas public school may be enrolled in that grade without regard to whether the student has successfully completed an assessment specified at GRADE ADVANCEMENT TESTING REQUIREMENTS. This does not limit the District's ability to appropriately place such a student. 19 TAC 101.2007(h) [See FDA]

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)

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)

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]

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)

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)

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]