Bill Text: TX SB1697 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to allowing parents and guardians to elect for a student to repeat or retake a course or grade.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-16 - Effective immediately [SB1697 Detail]
Download: Texas-2021-SB1697-Enrolled.html
S.B. No. 1697 |
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relating to allowing parents and guardians to elect for a student to | ||
repeat or retake a course or grade. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.013(b), Education Code, is amended to | ||
read as follows: | ||
(b) A home-rule school district is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) a provision of this title relating to limitations | ||
on liability; and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) educator certification under Chapter 21 and | ||
educator rights under Sections 21.407, 21.408, and 22.001; | ||
(C) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(D) student admissions under Section 25.001; | ||
(E) school attendance under Sections 25.085, | ||
25.086, and 25.087; | ||
(F) inter-district or inter-county transfers of | ||
students under Subchapter B, Chapter 25; | ||
(G) elementary class size limits under Section | ||
25.112, in the case of any campus in the district that fails to | ||
satisfy any standard under Section 39.054(e); | ||
(H) high school graduation under Section 28.025; | ||
(I) special education programs under Subchapter | ||
A, Chapter 29; | ||
(J) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(K) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(L) safety provisions relating to the | ||
transportation of students under Sections 34.002, 34.003, 34.004, | ||
and 34.008; | ||
(M) computation and distribution of state aid | ||
under Chapters 31, 43, and 48; | ||
(N) extracurricular activities under Section | ||
33.081; | ||
(O) health and safety under Chapter 38; | ||
(P) public school accountability under | ||
Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; | ||
(Q) options for local revenue levels in excess of | ||
entitlement under Chapter 49; | ||
(R) a bond or other obligation or tax rate under | ||
Chapters 43, 45, and 48; [ |
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(S) purchasing under Chapter 44; and | ||
(T) parental options to retain a student under | ||
Section 28.02124. | ||
SECTION 2. Section 12.056(b), Education Code, is amended to | ||
read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; | ||
(I) public school accountability under | ||
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; [ |
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(J) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059; and | ||
(K) parental options to retain a student under | ||
Section 28.02124. | ||
SECTION 3. Section 12.104(b), Education Code, is amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(T) establishment of residency under Section | ||
25.001; | ||
(U) [ |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, | ||
37.207, and 37.2071; | ||
(V) [ |
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mathematics proficiency plans under Section 11.185; [ |
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(W) [ |
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readiness plans under Section 11.186; and | ||
(X) parental options to retain a student under | ||
Section 28.02124. | ||
SECTION 4. Subchapter B, Chapter 28, Education Code, is | ||
amended by adding Section 28.02124 to read as follows: | ||
Sec. 28.02124. PARENTAL OPTION FOR STUDENT RETENTION. (a) | ||
Subject to Subsection (c), a parent or guardian may elect for a | ||
student to: | ||
(1) repeat prekindergarten; | ||
(2) enroll in prekindergarten, if the student would | ||
have been eligible to enroll in prekindergarten during the previous | ||
school year under Section 29.153(b) and the student has not yet | ||
enrolled in kindergarten; | ||
(3) repeat kindergarten; | ||
(4) 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 | ||
(5) for grades one through three, repeat the grade in | ||
which the student was enrolled during the previous school year. | ||
(a-1) Subject to Subsections (a-3) and (c), a parent or | ||
guardian may elect for a student to: | ||
(1) for grades four through eight, repeat the grade | ||
the student was enrolled in during the previous school year; and | ||
(2) for courses taken for high school credit, repeat | ||
any course in which the student was enrolled in during the previous | ||
school year. | ||
(a-2) A parent or guardian may make an election under | ||
Subsection (a-1)(1) or (2), or both. | ||
(a-3) A parent or guardian may not elect for a student to | ||
repeat a course under Subsection (a-1)(2) if the school district or | ||
open-enrollment charter school determines the student has met all | ||
of the requirements for graduation. | ||
(a-4) Subsections (a-1), (a-2), (a-3), and this subsection | ||
apply for students who repeat courses from the 2020-2021 school | ||
year during the 2021-2022 school year and for students who | ||
otherwise enroll during the 2021-2022 school year. Subsections | ||
(a-1), (a-2), (a-3), and this subsection expire September 1, 2022. | ||
(b) An election made by a parent or guardian under this | ||
section shall be made in writing to a school district or | ||
open-enrollment charter school, as applicable. | ||
(c) If a school district or an open-enrollment charter | ||
school disagrees with an election authorized under this section, | ||
the school district or open-enrollment charter school must convene | ||
a retention committee and meet with the parent or guardian to | ||
discuss retention. A meeting under this subsection 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 section if the parent or guardian does | ||
not meet with the retention committee. | ||
(d) A retention committee established under Subsection (c) | ||
shall be composed of: | ||
(1) the principal or the principal's designee; | ||
(2) the student's parent or guardian; | ||
(3) the teacher who taught the grade or course for | ||
which the parent wants the student retained or repeated; and | ||
(4) additional teachers at the discretion of the | ||
principal, if the student will potentially repeat multiple courses. | ||
(e) A retention committee established under Subsection (c) | ||
shall: | ||
(1) discuss the merits of and concerns with | ||
advancement and retention; and | ||
(2) 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. | ||
(f) If established under Subsection (c), 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 school district or | ||
open-enrollment school must abide by the decision of the parent or | ||
guardian. | ||
(g) A student who receives a passing grade or who earns | ||
credit for a high school course shall retain a school district's or | ||
open-enrollment charter school's original assignment of a grade or | ||
award of credit when a student is retained under this section, | ||
unless the school district or open-enrollment charter school adopts | ||
a policy to a different effect. | ||
(h) Except as provided by this section or other law, | ||
retention of a student pursuant to a parent's or guardian's election | ||
under this section shall be considered the same as retention of a | ||
student by a school district or open-enrollment charter school. | ||
(i) The rights of a parent or guardian under this section | ||
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. | ||
(j) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 5. Section 29.081, Education Code, is amended by | ||
reenacting and amending Subsection (d), as amended by Chapters 403 | ||
(S.B. 1746), 1060 (H.B. 1051), and 597 (S.B. 668), Acts of the 86th | ||
Legislature, Regular Session, 2019, and adding Subsection (h) to | ||
read as follows: | ||
(d) For purposes of this section, "student at risk of | ||
dropping out of school" includes each student who: | ||
(1) is under 26 years of age and who: | ||
(A) except as provided by Subsection (h) or if | ||
retained for prekindergarten under Section 28.02124, was not | ||
advanced from one grade level to the next for one or more school | ||
years; | ||
(B) if the student is in grade 7, 8, 9, 10, 11, or | ||
12, did not maintain an average equivalent to 70 on a scale of 100 in | ||
two or more subjects in the foundation curriculum during a semester | ||
in the preceding or current school year or is not maintaining such | ||
an average in two or more subjects in the foundation curriculum in | ||
the current semester; | ||
(C) did not perform satisfactorily on an | ||
assessment instrument administered to the student under Subchapter | ||
B, Chapter 39, and who has not in the previous or current school | ||
year subsequently performed on that instrument or another | ||
appropriate instrument at a level equal to at least 110 percent of | ||
the level of satisfactory performance on that instrument; | ||
(D) if the student is in prekindergarten, | ||
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on | ||
a readiness test or assessment instrument administered during the | ||
current school year; | ||
(E) is pregnant or is a parent; | ||
(F) has been placed in an alternative education | ||
program in accordance with Section 37.006 during the preceding or | ||
current school year; | ||
(G) has been expelled in accordance with Section | ||
37.007 during the preceding or current school year; | ||
(H) is currently on parole, probation, deferred | ||
prosecution, or other conditional release; | ||
(I) was previously reported through the Public | ||
Education Information Management System (PEIMS) to have dropped out | ||
of school; | ||
(J) is a student of limited English proficiency, | ||
as defined by Section 29.052; | ||
(K) is in the custody or care of the Department of | ||
Family and Protective Services or has, during the current school | ||
year, been referred to the department by a school official, officer | ||
of the juvenile court, or law enforcement official; | ||
(L) is homeless, as defined by 42 U.S.C. Section | ||
11302, and its subsequent amendments; | ||
(M) resided in the preceding school year or | ||
resides in the current school year in a residential placement | ||
facility in the district, including a detention facility, substance | ||
abuse treatment facility, emergency shelter, psychiatric hospital, | ||
halfway house, cottage home operation, specialized child-care | ||
home, or general residential operation; or | ||
(N) has been incarcerated or has a parent or | ||
guardian who has been incarcerated, within the lifetime of the | ||
student, in a penal institution as defined by Section 1.07, Penal | ||
Code; or | ||
(2) regardless of the student's age, participates in | ||
an adult education program provided under a high school diploma and | ||
industry certification charter school program under Section | ||
29.259. | ||
(h) The agency shall study whether students retained under | ||
Section 28.02124 should be considered at-risk. The commissioner | ||
may adopt a rule excluding students retained by a parent or guardian | ||
under Section 28.02124 from being considered a "student at risk of | ||
dropping out of school" under Subsection (d)(1)(A). | ||
SECTION 6. Section 48.005(m), Education Code, is amended to | ||
read as follows: | ||
(m) The commissioner shall adopt rules necessary to | ||
implement this section, including rules that: | ||
(1) establish the minimum amount of instructional time | ||
per day that allows a school district or charter school to be | ||
eligible for full average daily attendance, which may differ based | ||
on the instructional program offered by the district or charter | ||
school; | ||
(2) establish the requirements necessary for a school | ||
district or charter school to be eligible for one-half of average | ||
daily attendance, which may differ based on the instructional | ||
program offered by the district or charter school; [ |
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(3) proportionally reduce the average daily | ||
attendance for a school district if any campus or instructional | ||
program in the district provides fewer than the required minimum | ||
minutes of instruction to students; and | ||
(4) allow a grade or course repeated under Section | ||
28.02124 to qualify for average daily attendance even if the | ||
student previously passed or earned credit for the grade or course, | ||
if the grade or course would otherwise be eligible. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1697 passed the Senate on | ||
April 23, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1697 passed the House on | ||
May 25, 2021, by the following vote: Yeas 147, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |