Office of House Bill AnalysisH.B. 2570
By: Olivo
Public Education


Under current law, students who do not pass the appropriate reading and
mathematics assessment tests in the third, fifth, and eighth grade cannot
be promoted to the next grade.  This requirement does not take into
consideration the student's overall performance, including the student's
grades.  House Bill 2570 requires the commissioner of education to
prescribe alternative grade promotion criteria.      


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 28.0212, Education Code) of this bill. 


House Bill 2570 amends the Education Code to require the commissioner of
education, by rule, to prescribe alternative promotion criteria that a
student may meet to be promoted to the fourth, sixth, or ninth grade level
without performing satisfactorily on appropriate reading and mathematics
assessment instruments.  The bill provides that the alternative promotion
criteria must include a student's grades in language arts, mathematics,
science, and social studies for the grade level from which the student
seeks promotion and each lower grade level the student has completed;
performance on the individual assessment instruments administered to the
student; the student's highest total scores on the applicable assessment
instruments; and overall academic performance.  The bill requires a
committee composed of the student's teacher, principal, and a school or
district counselor to determine whether a student who has not performed
satisfactorily on the assessment instruments has met the alternative
promotion criteria.  The bill provides that the committee's decision is
final and may not be appealed.  These provisions do not create a property
right in promotion to the next grade level.  The bill provides that a
student must meet requirements for attendance and academic proficiency, and
any grade or conduct requirements prescribed by school district policy,
other than a requirement that a student perform satisfactorily on the
assessment instruments.  


September 1, 2001.  This Act applies beginning with the 2003-2004 school