Post date: Oct 03, 2017 4:23:12 PM
HB 657: Revisions to TEC 28.0122
The Agency has received questions stemming from the newly created subsection (i-2) of Section 28.0122 of the Texas Education Code. In context, the new requirements (represented by the underlined text) are as follows:
(i) The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter A [B], Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (a) and administered under Section 39.023(a) or (b) must meet before the student is administered the assessment instrument for the second time. The committee shall determine:
(1) the manner in which the student will participate in an accelerated instruction program under this section; and
(2) whether the student will be promoted in accordance with Subsection (i-1) or retained under this section.
(i-1) At a meeting of the admission, review, and dismissal committee of a student under Subsection (i), 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 individualized education program developed under Section 29.005. A school district that promotes a student under this subsection is not required to provide an additional opportunity for the student to perform satisfactorily on the assessment instrument.
(i-2) Not later than September 1 of each school year, a school district must notify the parent or person standing in parental relation to a student enrolled in the district's special education program under Subchapter A, Chapter 29, of the options of the admission, review, and dismissal committee under Subsections (i) and (i-1) if the student does not perform satisfactorily on an assessment instrument.
The notice requirement in (i-2) is applicable only to students eligible for special education who are enrolled in the fifth or eighth grade.