There are implications regarding required tutoring and promotion, along with graduation requirements.
Under TEC §28.0213, a school district must also offer an intensive program of instruction to a student who does not perform satisfactorily on any state assessment instrument administered under TEC Subchapter B, Chapter 39. In addition, a recent amendment to the statute now requires that intensive instruction be provided to a student who is not likely to receive a high school diploma before the fifth school year following the student’s enrollment in grade nine, as determined by the school district.
TEC §28.0211 (also referred to as the Student Success Initiative or SSI) requires a school district to provide students in third through eighth grade, who do not perform satisfactorily on a state assessment, with accelerated instruction in the applicable subject area. Accelerated instruction must be provided each time a student fails a state assessment. These requirements also apply to students in special education, including those who take alternate state assessments.
Grade advancement procedures are established by the Texas Education Code, state rule in 19 Texas Administrative Code chapter 101 on standardized tests, and the Student Success Initiative Manual. Even when a student’s performance on a state assessment is not directly tied to grade promotion as described below, a student’s score on an applicable state assessment must be considered as a factor in promotion. Tex. Educ. Code 28.021(c).
Promotion from Grades 5 and 8: In addition to local policy standards relating to grade advancement, students in grades 5 and 8 must pass the math and reading portion of the STAAR to be promoted. School districts are required by state rule to administer three testing opportunities for students who fail to meet satisfactory performance on these assessments. A student who does not pass the tests may advance to the next grade level only if:
The student has completed required accelerated instruction (tutoring); and
The student’s grade placement committee, established at the student’s campus, determines by unanimous decision, in accordance with the standards for promotion established by the School Board, the student is likely to perform at grade level at the end of the next year.
19 Tex. Admin. Code §§ 101.2001(b).
High School Graduation: Students must pass the five end-of-course exams or an acceptable substitute in order to graduate, as described above. By local policy, a school district may issue a certificate of coursework completion to a student who successfully completes curriculum requirements but who fails required state assessment tests. Texas Education Code §§28.025(d).