HBA-NRS CCH C.S.H.B. 2570 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2570 By: Olivo Public Education 4/11/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE 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. Testing begins in 2002 for third graders, 2004 for fifth graders, and 2007 for eighth graders. This requirement does not take into consideration the student's overall performance, including the student's grades. C.S.H.B. 2570 requires the commissioner of education to prescribe alternative compensatory grade promotion criteria, and delays for one year the implementation of the requirement that students pass the assessment tests to be promoted. RULEMAKING AUTHORITY 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. ANALYSIS C.S.H.B. 2570 amends the Education Code to require the commissioner of education, by rule, to prescribe alternative compensatory 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 compensatory 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. The bill requires the committee to determine whether a student who has not performed satisfactorily on an applicable assessment instrument has met the alternative compensatory promotion criteria to advance to the next grade level following each administration of the assessment instrument. If the committee determines that the student has met the alternative compensatory promotion criteria, the student is not subject to the appropriate instrument for the grade level promotion as to which the determination is made. 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 (Sec. 28.0212). The bill delays for one school year the applicability of the provisions requiring a student to pass the appropriate assessment instruments for promotion to the fourth, sixth, and ninth grades (Sec. 28.0211). EFFECTIVE DATE September 1, 2001. This Act applies beginning with the 2003-2004 school year. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2570 modifies the original bill by changing alternative promotion criteria to alternative compensatory promotion criteria that a student may meet to be promoted to a certain grade level. The substitute requires a committee composed of a student's teacher, principal, and school counselor to determine grade level promotion for the student based on performance on a specified assessment instrument and consideration of alternative compensatory promotion criteria. The substitute delays for one year provisions relating to the requirement of a student to satisfactorily perform on a specified assessment instrument for a promotion in grade level.