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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.
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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.
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Accelerated instruction shall be based on, but
not limited to, the following:
- 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.
- Best instructional practices identified through research.
Education Code 28.0211(c); 19 TAC 101.2013(a), (b), (d)
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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 ACCELERATED INSTRUCTION
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In addition to providing the accelerated
instruction, the District shall notify the student's parent or guardian of:
- The student's failure to perform satisfactorily on the
assessment instrument;
- The accelerated instruction program to which the student is
assigned; and
- 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
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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 OPPORTUNITY
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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 OPPORTUNITY
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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
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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.
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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.
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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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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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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 OPPORTUNITY
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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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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)
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The GPC may not agree to promote a student
unless a parent, guardian, or designee has appealed. 19 TAC
101.2007(b)(2)
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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)
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The committee's decision regarding placement is
final and may not be appealed. Education Code 28.0211(e)
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| TRANSFER STUDENTS
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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]
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| LIMITED ENGLISH PROFICIENT (LEP) STUDENTS
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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
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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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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
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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
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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
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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]
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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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