HBA-CCH H.B. 2570 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2570 By: Olivo Public Education 3/26/2001 Introduced 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. 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. 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 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. EFFECTIVE DATE September 1, 2001. This Act applies beginning with the 2003-2004 school year.