TEC §28.021(a) requires that promotion from one grade level to the next be determined “only on the basis of academic achievement or demonstrated proficiency of the subject matter of the course or grade level.”
Mastery of an IEP goal does not automatically constitute passing a course, and passing a course does not automatically equate to mastering an IEP goal.
TEC §28.021. STUDENT ADVANCEMENT.
(a) 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.
(b) In measuring the academic achievement or proficiency of a student who is dyslexic, the student’s potential for achievement or proficiency in the area must be considered.
(c) In determining promotion under Subsection (a), a school district shall consider:
(1) the recommendation of the student’s teacher;
(2) the student’s grade in each subject or course;
(3) the student’s score on an assessment instrument administered under Section 39.023 (a), (b), or (l), to the extent applicable; and
(4) any other necessary academic information, as determined by the district.
(d) By the start of the school year, a district shall make public the requirements for student advancement under this section.
(e) The commissioner shall provide guidelines to districts based on best practices that a district may use when considering factors for promotion.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 28, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 307, Sec. 1, eff. June 17, 2011.
The material in this post was excerpted from Grading and Progress Monitoring for Students with Disabilities: A Resource for Teachers by Education Service Center, Region 20. You can read and download this resource at