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STUDENTS WITH DISABILITIES

The application of this policy to TSBVI students is subject to the requirements of the Individuals with Disabilities Education Act.  Each student’s ARD Committee determines whether the student will be retained or promoted. 

STUDENT ADVANCEMENT

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.  [See EI]

In determining promotion, the School 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 TSBVI.

Education Code 28.021(a), (c)

GRADE ADVANCEMENT (GRADES 5 AND 8)

In addition to Board policy relating to student advancement, students in grades 5 and 8 must

demonstrate proficiency in reading and mathematics, as required by Education Code 28.021(a), in order to advance to the next grade.

A student demonstrates proficiency by meeting the passing standard on the appropriate assessment instrument specified by 19 TAC 101.2003(a) [see Grade Advancement Testing or on a state-approved alternate assessment authorized by 19 TAC 101.2011].

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 ARD Committee determines, 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 intensive 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), TSBVI will ensure that a student who is promoted 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)

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)

ENGLISH LANGUAGE LEARNERS (ell)

The Language Proficiency Assessment Committee (LPAC) shall determine appropriate assessment and acceleration options for an English Language Learner (ELL) who is administered a grade advancement test in English or Spanish, except as provided by 19 Administrative Code 101.1005.  The Grade Placement Committee (GPC) for an ELL student shall make its decisions in consultation with a member of the student's LPAC.  19 TAC 101.2003(e) [see EKBA]

A TSBVI student, including an ELL, who is enrolled in grades 5 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 ARD committee shall determine appropriate assessment and acceleration options for the student.  Decisions regarding assessments for ELL 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)

The ARD committee of a student who does not perform satisfactorily on an assessment instrument in grade 5 or 8 must meet before the student is administered the assessment instrument for the second time.  The committee shall determine the manner in which the student will participate in an intensive instruction program and whether the student will be promoted in accordance with provisions below or retained.

At a meeting of the ARD committee, the Committee may promote the student to the next grade level if the committee concludes that the student has made sufficient progress in the measurable academic goals contained in the student’s IEP.  If TSBVI promotes a student, it is not required to provide an additional opportunity for the student to perform satisfactorily on the assessment instrument.

Not later than September 1 of each school year, TSBVI must notify the parent, or person standing in parental relation to a student enrolled in special education program, of the options of the ARD Committee if the student does not perform satisfactorily on an assessment instrument.   Education Code 28.0211(i), (i-1), (i-2); 19 TAC 101.2003(d), (f)

Students with Dyslexia

In measuring the academic achievement or proficiency of a student who 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(g) [See policies at EHB, EKB, and FB]

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, 8/9/19

Reviewed: