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GRADE ADVANCEMENT REQUIREMENTS

TSBVI shall implement grade advancement requirements in accordance with 19 Administrative Code Chapter 101, Subchapter BB and the TEA procedures outlined in the official Grade Placement Committee (GPC) Manual, published annually by TEA.

Notice

As specified in 19 Administrative Code 101.9, a superintendent shall notify parents or guardians of the grade advancement requirements at the beginning of the school year.

19 TAC 101.2001(a), .2009(a)

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) [See EI]

In determining promotion, a district shall consider:

  1. The recommendation of the student’s teacher;
  2. The student’s grade in each subject or course;
  3. The student’s score on an assessment instrument administered under Education Code 39.023(a), (b), or (l), to the extent applicable; and 
  4. Any other necessary academic information, as determined by the district.

Education Code 28.021(c)

In addition to local policy relating to grade advancement, students in grades 5, and 8 must demonstrate proficiency by meeting the passing standard on the appropriate assessment instrument listed at GRADE ADVANCEMENT TESTING or on a state-approved alternate assessment.

A student who does not demonstrate proficiency may advance to the next grade only if:

  1. The student has completed the required accelerated instruction under 19 Administrative Code 101.2006;
  2. The student's grade placement committee (GPC) determines by unanimous decision, in accordance with the standards for promotion established by the board, that the student is likely to perform at grade level at the end of the next year given additional accelerated instruction.  In accordance with Education Code 28.021, to determine grade promotion, TSBVI is required to consider:
    1. The recommendation of the student’s teacher,
    2. The student’s grades,
    3. The student’s assessment scores, and
    4. Any other necessary academic information; and
  3. In accordance with Education Code 28.0211(n), the district will ensure that a student who is promoted by a GPC under 19 Administrative Code 101.2007 shall be assigned in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Education Code 28.0211(a), to a teacher who meets all state and federal qualifications to teach that subject and grade.

19 TAC 101.2001(b)

A student does not have a property interest in promotion.  Education Code 28.0211(e)

Notice

By the start of the school year, TSBVI shall make public the requirements for student advancement for Education Code 28.021.  Education Code 28.021(d)

RETENTION

The School is not precluded from retaining, in accordance with state law or board policy, a student who performs satisfactorily on a grade advancement test.  Education Code 28.0211(g)

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 TAC 101.2019(a)

GRADE ADVANCEMENT TESTING

The School shall test eligible students in accordance with the grade advancement requirements set forth below.

Eligible Students

An eligible student is subject to all grade advancement requirements, including automatic retention, if the student is enrolled at TSBVI on any day between January 1 and the date of the first administration of the grade advancement assessments.

An eligible student who does not meet the criteria specified above but enrolls in the School at any time after the date of the first administration of the grade advancement assessments is not subject to the grade advancement requirements.

The School must provide the student the opportunity to test and access to accelerated instruction.
19 TAC 101.2003(b), (c)

Required Assessment

A student may not be promoted to:

  1. 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
  2. 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. This applies to the assessment instrument administered to students in eighth grade beginning with the 2007-08 school year.

Education Code 28.0211(a)); 19 TAC 101.9

Exception

Education Code 28.0211 does not require the administration of a fifth or eighth grade assessment instrument in a subject under Education Code 39.023(a) to a student enrolled in the fifth or eighth grade, as applicable, if the student:

  1. Is enrolled in a course in the subject intended for students above the student’s grade level and will be administered an assessment instrument adopted or developed under Education Code 39.023(a) [see EKB] that aligns with the curriculum for the course in which the student is enrolled; or
  2. Is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course assessment instrument [see EKB] for the course.

Notwithstanding any other provision of Education Code 28.0211, the student may not be denied promotion on the basis of failure to perform satisfactorily on an assessment instrument not required to be administered to the student, nor may a student in grade 5 or grade 8 be denied promotion to the next grade on the basis of failure to perform satisfactorily on a reading or mathematics assessment instrument intended for use above the student’s grade level.

Education Code 28.0211(o)–(p); 19 TAC 101.2001(d)

Test Schedule

TEA shall provide three opportunities per year for the tests required for grade advancement.  A superintendent shall establish procedures to ensure that:

  1. 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. 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 GPC has sufficient evidence for its review upon appeal by a parent or guardian.

19 TAC 101.2005(b)-(c)

TSBVI must accommodate the request of an out-of-district student to participate in the third administration of a test required for grade advancement if TSBVI is testing one or more local students on the applicable test and if the out-of-district student has registered to take the test by a date determined by TEA.  19 TAC 101.2005(d)

Notice of Grade Advancement Testing Requirements

A 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 of the testing requirements for grade advancement;
  2. Notifying each student in grades 1-8 who is new to the School 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(b)

UNSATISFACTORY PERFORMANCE ON GRADE ADVANCEMENT TESTS

The School shall provide to a student who initially fails to perform satisfactorily on a grade advancement test at least two additional opportunities to take the assessment instrument.  Education Code 28.0211(b)

Accelerated Instruction

Each time a student fails to perform satisfactorily on a grade advancement test, the School shall provide the student with accelerated instruction in the applicable subject area.  A student who fails to perform satisfactorily on a grade advancement test shall be provided accelerated instruction before the next administration of the applicable assessment.  An accelerated instruction group for students who have failed an assessment may not have a ratio of more than ten students for each teacher per class.  The accelerated instruction must satisfy the standards found in 19 Administrative Code 101.2006.  [See UNSATISFACTORY PERFORMANCE ON ASSESSMENT INSTRUMENTS, above]  Education Code 28.0211(c); 19 TAC 101.2006(e)(1)

If a student fails to perform satisfactorily on a grade advancement test after three attempts, 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 School 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.  A district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the School regularly administers the assessment instrument for that school year. Education Code 28.0211(f)

Notice to Parents of Performance and Accelerated Instruction

In addition to providing the accelerated instruction, the School 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 School is required to notify a parent or guardian about the requirements related to promotion and accelerated instruction, the School 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)

After Early Identification of At-Risk Students

Notice

The School 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.  This notice shall include accelerated instruction participation requirements as stipulated by 19 Administrative Code 101.2006 and be provided before the end of the school year preceding the grade advancement requirements.  19 TAC 101.2009(b)

After First Testing Opportunity

Notice

The School shall notify the parent or guardian of a student who has failed to demonstrate proficiency on the first administration of a grade advancement assessment. This notification should be made within five working days of the School’s receipt of student assessment results from this administration. This notice hall include the student's  assessment results, a description of the School’s grade advancement policy, the required 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)

After Second Testing Opportunity

Notice

Within five working days of the School’s receipt of student assessment results for the second administration of the assessment required for grade advancement, the School shall inform the principal of student assessment 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 assessment results.  This notice shall include a description of the purpose and responsibilities of a GPC and the time and place for the first meeting of the GPC.  19 TAC 101.2007(c)

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.  The Superintendent shall establish procedures for convening the GPC.

In accordance with 19 Administrative Code 101.2006(d), decisions by the GPC shall be made on an individual student basis, address required participation of the student in accelerated instruction, and ensure the most effective  instruction 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 assessment on which the student failed to perform satisfactorily.  If this teacher is unavailable, the principal shall designate to serve on the committee a teacher certified in the subject of the assessment on which the student failed to perform satisfactorily and who is most familiar with the student's performance in that 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 School may accept a parent's or guardian's written designation of another person to serve on the GPC for all purposes.  The School 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 School may use other methods to ensure parent participation, including individual or conference telephone calls.  The School 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. TSBVI shall make a good faith effort to notify a parent or guardian to attend the GPC.   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)

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 School 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)

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

After Third Testing Opportunity

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 School shall notify the 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 School 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)

Retention and Appeal

A student who fails to perform satisfactorily after at least three attempts on one of the grade advancement tests 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 and made in conformance with procedures specified in the GPC manual and as required by 19 Administrative Code 101.2001(b).  These standards  must include consideration of the following:

  1. The recommendation of the student’s teacher;
  2. The student’s grades;
  3. The student’s assessment scores’ and
  4. Any other necessary academic information as determined by the School

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)

A student who is promoted to the next grade level must complete accelerated instruction required under Education Code 28.0211(a-1) [see UNSATISFACTORY PERFORMANCE ON ASSESSMENT INSTRUMENTS, above] before placement in the next grade level.  A student who fails to complete required accelerated instruction may not be promoted.  Education Code 28.0211(a-2); 19 TAC 101.2006(e)(2)

In each subject in which the student failed to perform satisfactorily on the grade advancement test, a student who is promoted by the GPC must be assigned to a teacher who meets all state and federal qualifications to teach that subject and grade.  Education Code 28.0211(n)

TRANSFER STUDENTS

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 a grade advancement test.  This does not limit a district's ability to appropriately place such a student.  19 TAC 101.2007(h) [See FDA]

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 a grade advancement test in English or Spanish, except as provided by 19 Administrative Code 101.1005.  The GPC for a LEP student shall make its decisions in consultation with a member of the student's LPAC.  19 TAC 101.2003(e)

SPECIAL EDUCATION STUDENTS

A TSBVI student, including a LEP student, who is enrolled in grades5, or 8, and who is receiving instruction in the essential knowledge and skills in reading or mathematics is eligible for grade advancement testing as outlined in the official GPC manual. The student's admission, review, and dismissal (ARD) committee shall determine appropriate assessment and acceleration options for the student.  Decisions regarding assessments for LEP students who receive special education services shall be made by the ARD committee in conjunction with the LPAC.   Education Code 28.0211(i); 19 TAC 101.2003(d), (f)

Students with Dyslexia

In measuring the academic achievement or proficiency of a student who is has dyslexia, 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]

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)

TRANSPORTATION TO ACCELERATED INSTRUCTION PROGRAMS

TSBVI 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 101.2006(b)

Adopted:         7/12/85
Amended:         1/23/87, 9/27/90, 5/28/92, 11/14/97, 11/19/99, 3/21/03, 11/18/05, 9/20/13
Reviewed: