Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,343
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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
district may accept a parent's or guardian's written designation of an-
other individual to serve on the GPC for all purposes. The district may
accept a parent's or guardian's written and signed waiver of participa-
tion in the GPC and designation of the remaining members of the GPC
as the decision-making entity for all purposes.
(1) If a parent or guardian or designee is unable to attend a
meeting, the district may use other methods to ensure parent participa-
tion, including individual and conference telephone calls. The district
may designate an individual to act on behalf of the student in place of
a parent, guardian, or designee if no such person can be located. A sur-
rogate parent named to act on behalf of a student with a disability shall
be considered a parent for purposes of the TEC, 28.0211.
(2) The district shall make a good faith effort to notify a
parent or guardian to attend the GPC. If a parent or guardian is unavail-
able, the remaining members of the GPC must convene as required by
this section and take all necessary actions, except that the GPC may
not agree to promote a student under the TEC, 28.0211(e), unless a
parent, guardian, or designee has appealed. A district may allow an
appeal to be filed in writing in lieu of attending the GPC.
(c) Within five working days of receipt of student assessment
results for the second administration of the assessment required for
grade advancement, the district shall notify the campus principal of
student assessment results for each eligible student who fails to demon-
strate proficiency. Upon receipt of this notice, the principal shall notify
the teacher and parent or guardian of the assessment results. This no-
tice shall include a description of the purpose and responsibilities of
the GPC and the time and place for the GPC to hold its first meeting.
(d) In accordance with 101.2006(d) of this title, the GPC is
responsible for prescribing the accelerated instruction the student is to
receive before the third testing opportunity. The GPC shall also de-
cide at this time whether the student shall take the assessment specified
in 101.2003 of this title (relating to Grade Advancement Testing Re-
quirements) or the alternate assessment, as authorized by 101.2011 of
this title (relating to Alternate Assessment). In the absence of unan-
imous agreement, the student shall take the assessment specified in
101.2003 of this title.
(e) The GPC must convene again if a student fails to demon-
strate proficiency on the third administration of an assessment required
for grade advancement and is thereby automatically retained at the
same grade level. Within five working days of receipt of student assess-
ment results for this administration, the district shall notify the principal
or principal's designee of student assessment results for each eligible
student who fails to demonstrate proficiency. Upon receipt of this no-
tice from the district, the principal shall inform 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 district shall establish a pro-
cedure to ensure a good faith effort is made toward securing the par-
ent's or guardian's receipt of the retention notification. The parent or
guardian may appeal the retention by submitting a request to the GPC
within five working days of receipt of this retention notification.
(f) If an appeal has been 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 local school 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 GPC's decision
is unanimous and the student has completed all required accelerated
instruction specified in 101.2006 of this title. The review and finaldecision of the GPC must be appropriately documented as meeting the
standards adopted by the local school board and made in conformance
with procedures specified in the Student Success Initiative [GPG] man-
ual and as required by 101.2001(b) of this title (relating to Policy).
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 deter-
mined by the district.
(g) In accordance with the TEC, 28.0211(e), the placement
decision by the GPC shall be made before the start of the next school
year or, if applicable, upon reenrollment of a student after this date.
(h) 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 an assessment required under the TEC, 28.0211. This sub-
section does not limit the authority of a district to appropriately place
a student under the TEC, Chapter 25, Subchapter B.
(i) In addition to the placement decision, the GPC shall de-
velop an accelerated instruction plan for each student who does not pass
after three testing opportunities, regardless of whether the student has
been promoted or retained. This plan shall include the accelerated in-
struction that the district must provide during the next school year. The
plan must be designed to enable the student to perform at the appropri-
ate grade level by the end of the next school year. The district shall
establish a policy for monitoring the student during the school year to
ensure that the student is progressing in accordance with the plan. The
accelerated instruction plan must provide for interim progress reports
to the student's parent or guardian and the opportunity for consultation
with the teacher and/or principal as needed.
101.2009. Notice to Parents or Guardians.
(a) The [As specified in !1-!9 of this title (relating to Grade
Advancement Requirements) the] superintendent of each school dis-
trict or chief administrative officer of each charter school shall notify
parents or guardians of the grade advancement requirements at the be-
ginning of the school year.
(b) The district 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 assessment required for grade
advancement the next year. The superintendent must establish the
instruments/procedures to be used to make this determination. This
notice shall include accelerated instruction participation requirements
as stipulated by 101.2006 of this title (relating to Accelerated Instruc-
tion) and be provided before the end of the school year preceding the
grade advancement requirements.
(c) The district shall establish procedures to notify the parent
or guardian of a student who has failed to demonstrate proficiency on
the first administration of a grade advancement assessment. This noti-
fication should be made within five working days of district receipt of
student assessment results from this administration. This notice shall
include the student's assessment results, a description of the grade ad-
vancement policy, the required accelerated instruction to which the stu-
dent has been assigned under 101.2006 of this title, 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 re-
sponsibilities to support the student during accelerated instruction.PROPOSED RULES November 22, 2013 38 TexReg 8343
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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/m1/31/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.