EIE(LEGAL) - ACADEMIC ACHIEVEMENT: RETENTION AND PROMOTION
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, a district shall consider:
- The recommendation of the student's teacher;
- The student's grade in each subject or course;
- The student's score on an assessment instrument administered under Education Code 39.023(a), (b), or (l), to the extent applicable; and
- Any other necessary academic information, as determined by the district.
Education Code 28.021(a), (c)
By the start of the school year, a district shall make public the requirements for student advancement under Education Code 28.021. Education Code 28.021(d)
Retention After Assessment
A district 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)
Parental Option to Retain
A parent or guardian may elect for a student to:
- Repeat prekindergarten;
- Enroll in prekindergarten, if the student would have been eligible to enroll in prekindergarten during the previous school year under Education Code 29.153(b) [see EHBG] and the student has not yet enrolled in kindergarten;
- Repeat kindergarten;
- Enroll in kindergarten, if the student would have been eligible to enroll in kindergarten in the previous school year and has not yet enrolled in first grade; or
- For grades 1 through 3, repeat the grade in which the student was enrolled during the previous school year.
Note: For provisions regarding retention of students in grades 4 through 8 and for courses taken for high school credit, see Education Code 28.02124(a-1)–(a-4). These provisions expire September 1, 2022.
An election made by a parent or guardian shall be made in writing to a district.
If a district disagrees with the election, the district must convene a retention committee and meet with the parent or guardian to discuss retention. The meeting shall be conducted in person unless an alternative means is agreeable to the parent or guardian. A student may not be retained for a grade or retake a course under this provision if the parent or guardian does not meet with the retention committee.
A retention committee shall be composed of:
- The principal or the principal's designee;
- The student's parent or guardian;
- The teacher who taught the grade or course for which the parent wants the student retained or repeated; and
- Additional teachers at the discretion of the principal, if the student will potentially repeat multiple courses.
A retention committee shall:
- Discuss the merits of and concerns with advancement and retention; and
- Review and consider the student's grade in each subject or course, the results of any formative or summative assessments administered to the student, and any other available academic information to determine the student's academic readiness for the next grade or a given course.
If established, after the parent or guardian has participated in a retention committee meeting, the parent or guardian shall decide whether the student should be retained or retake a grade or course. The district must abide by the decision of the parent or guardian.
Except as provided by this provision or other law, retention of a student pursuant to a parent's or guardian's election under this provision shall be considered the same as retention of a student by a district.
Transfer of Rights
The rights of a parent or guardian under this provision transfer to a student if the student is 18 years of age or older or has had the disabilities of a minor removed, unless the student is under a form of guardianship imposed by law or court order that continues after the student turns 18 years of age.
Education Code 28.02124
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]
A board may establish a policy that provides for the placement of retained students in an age-appropriate learning environment. In accordance with local grade configurations for elementary, middle, and high school campuses, a board may specify the age by which a retained student should be placed on the next level campus even though not yet promoted to the grade of that campus. 19 TAC 101.2019(b)
Optional Extended-Year Program
A student who does not meet district standards or policies for promotion on the basis of academic achievement or demonstrated proficiency of the subject matter of the course or grade level shall be eligible for services under the optional extended-year program. 19 TAC 105.1001(c)
A student who attends at least 90 percent of the extended-year program days and who satisfies the requirements for promotion (academic achievement or demonstrated proficiency of the subject matter of the course or grade level) shall be promoted to the next grade level at the beginning of the next school year. However, if the student's parent presents a written request to the school principal asking that the student not be promoted, the principal shall hold a formal meeting with the parent, the teacher, and the school counselor, as soon as practicable after receiving such a request. During the meeting, the principal, teacher, or school counselor shall explain the possible effects of not promoting a student. If the parent withdraws the request after the meeting, the student shall be promoted, and the district shall continue to use innovative practices to ensure that the student is successful in school in succeeding school years.
If a district provides an extended-year program, it shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.
Education Code 29.082(e)–(f) [See EHBC]