Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,342
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(1) the reading and mathematics assessments at Grade 5;
and
(2) the reading and mathematics assessments at Grade 8.
(b) An eligible student is subject to all of the grade advance-
ment requirements under the TEC, 28.0211, including automatic re-
tention, if the student is enrolled in a local school district or charter
school on any day between January 1 and the date of the first admin-
istration of the grade advancement assessments, unless a student is ad-
ministered an assessment instrument intended for use above the stu-
dent's grade level as specified in the TEC, 28.0211(o). A student is
only eligible to take an assessment instrument intended for use above
the student's grade level if the student is receiving instruction in the en-
tire curriculum for that subject.
(c) An eligible student who does not meet the criteria speci-
fied in subsection (b) of this section but enrolls in a local school district
or charter school at any time after the date of the first administration
of the grade advancement assessments is not subject to the grade ad-
vancement requirements. In accordance with 101.2001(b) of this title
(relating to Policy), a school district or charter school must provide this
student with the opportunity to test and access to required accelerated
instruction.
(d) A student receiving special education services under the
TEC, Chapter 29, Subchapter A, enrolled in Grade 5 or Grade 8 who is
receiving instruction in the essential knowledge and skills in a subject
specified under subsection (a) of this section is eligible under this sec-
tion as outlined in the official Student Success Initiative [Grade Place-
met C mmittee (GP)] manual published annually by the Texas Ed-
ucation Agency (TEA). In accordance with [1t0-5()t of this tite (re-
lating to Stude Testing Requ rements) and] the TEC, 28.0211 (i), the
student's admission, review, and dismissal (ARD) committee shall de-
termine appropriate assessment and accelerated instruction for each el-
igible student. Assessment decisions must be made on an individual
basis and in accordance with procedures established by the TEA. These
decisions shall be documented in the student's individualized education
program.
(e) An English language learner (ELL), as defined by the TEC,
Chapter 29, Subchapter B, who is administered an assessment in Eng-
lish or Spanish for a grade and subject specified in subsection (a) of this
section, except as provided by 101.1005 of this title (relating to As-
sessments of Achievement in Academic Content Areas and Courses),
is eligible under this section. In accordance with 101.1005(a) of this
title, the student's language proficiency assessment committee (LPAC)
shall determine the appropriate assessment and accelerated instruction
for each eligible student. The Grade Placement Committee [GCP], as
specified in 101.2007 of this title (relating to Role of Grade Placement
Committee), shall make its decisions in consultation with a member of
the student's LPAC. Assessment decisions must be made on an individ-
ual basis and in accordance with procedures established by the TEA.
(f) As specified in 101.1005 of this title, decisions regarding
assessments for ELLs who receive special education services shall be
made by the ARD committee in conjunction with the LPAC.
(g) In accordance with the TEC, 28.021(b), decisions regard-
ing a student who has dyslexia and is eligible under this section shall
consider the student's potential for achievement or proficiency in the
assessed subject.
101.2006. Accelerated Instruction.
(a) Each time a student fails to perform satisfactorily on an
assessment instrument administered under the Texas Education Code
(TEC), 39.023(a), (b), or (c), the school district or charter school shall
provide the student with accelerated instruction in the applicable sub-ject. A student failing to perform satisfactorily on an end-of-course as-
sessment under the TEC, 39.023(c), must be provided the appropriate
accelerated instruction before the next administration of the applicable
assessment as specified by the TEC, 29.081(b-1).
(b) Accelerated instruction may require participation of the
student before or after normal school hours and may include partic-
ipation at times of the year outside normal school operations. Each
school district and each charter school shall be responsible for provid-
ing transportation to students required to attend accelerated instruction
programs if these programs occur outside of regular school hours.
(c) A school district must accommodate the request of an out-
of-district student to participate in any established, on-campus summer
accelerated instruction program, provided the student is living away
from his or her home district and the program matches the acceler-
ated instruction prescribed by the student's Grade Placement Commit-
tee [(GPI)].
(d) Accelerated instruction shall be based on, but not limited
to, guidelines on research-based best practices and effective strategies
as outlined in the Student Success Initiative [GPG] manual, published
annually by the TEA, which districts may use for developing acceler-
ated instruction.
(e) In addition, for students who are administered state assess-
ments specified under the TEC, 28.0211(a):
(1) a student who fails to perform satisfactorily on an as-
sessment instrument specified under the TEC, 28.0211(a), shall be
provided accelerated instruction before the next administration of the
applicable assessment as specified by the TEC, 28.0211. A student
shall be assigned to an accelerated instruction group that does not have
a ratio larger than ten students for each teacher; and
(2) a student who fails to perform satisfactorily on an as-
sessment instrument specified under the TEC, 28.0211(a), after the
first, second, and third testing opportunities and who is promoted to
the next grade level must complete, in accordance with state and local
school board policy, all the accelerated instruction required under this
section before placement in the next grade level. A student who fails to
complete all the required accelerated instruction may not be promoted.
101.2007. Role of Grade Placement Committee.
(a) In accordance with the Texas Education Code (TEC),
28.0211, the superintendent of each school district and chief admin-
istrative officer of each charter school shall establish procedures for
convening a Grade Placement Committee (GPC) for each eligible
student who fails to demonstrate proficiency on the second administra-
tion of the assessment required for grade advancement. In accordance
with 101.2006(d) of this title (relating to Accelerated Instruction),
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.
(b) The GPC shall be composed of the principal or principal's
designee, the student's parent or guardian, and the student's teacher(s)
of the subject of the grade advancement assessment(s) on which the
student has failed to demonstrate proficiency. If this teacher is unavail-
able, the principal shall designate to serve on the GPC a teacher cer-
tified in the subject of the assessment on which the student failed to
perform satisfactorily and who is most familiar with the student's per-
formance 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 on38 TexReg 8342 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/30/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.