2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 28 - Courses of Study; Advancement › Subchapter B. Advancement, Placement, Credit, and Academic Achievement Record › Section 28.02124. Parental Option for Student Retention

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 eight, repeat the grade in which the student was enrolled during the previous school year.
(a-1)  Subject to Subsection (c), for courses taken for high school credit, a parent or guardian may elect for a student to repeat any course in which the student was enrolled in during the previous school year.  A parent or guardian may not elect for a student to repeat a course under this subsection if the school district or open-enrollment charter school determines the student has met all of the requirements for graduation.
(a-2)  A parent or guardian may make an election under Subsection (a)(5) or (a-1), or both.
(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.
Added by Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 4, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 867 (H.B. 3803), Sec. 1, eff. June 13, 2023.