ECSheading
From the ECS State Policy Database
Promotion/Retention


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
UTSigned into law 04/2014P-12Parental Rights and Accountability in Public Education
S.B. 122
Defines "reasonably accommodate". Provides that the parent is primarily responsible for a student's education, and the state is in a secondary and supportive role to the parent. Provides that as such, the parent has a right to reasonable accommodations from th...

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OHSigned into law 06/2013P-12Third Grade Literacy
S.B. 21
Not later than January 31, 2014, requires the state board of education to adopt reading competencies for all reading credentials and training. Such competencies are expected to include, but not be limited to, an understanding of phonemic awareness, phonics, fl...

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MSSigned into law 04/2013P-12Literacy-Based Promotion
S.B. 2347
Establishes and outlines actions school districts must take in implementing Literacy-Based Promotion Act in K-3 students to improve the reading proficiency of students in grades K-3 so that every student completing the 3rd grade is able to read at or above gra...

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OHSigned into law 06/2012P-12Third-Grade Reading Proficiency
S.B. 316 - Third-Grade Reading Proficiency
Directs the state board to determine a level of achievement on the 3rd grade English language arts assessment for a student to be promoted to the 4th grade, and to review and adjust upward the level of achievement until the level is set at the "proficient" lev...

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COSigned into law 05/2012P-12Ensuring K-3 Literacy Education
H.B. 1238
Requires each local education provider (LEP, i.e., school districts, Boards of Cooperative Educational Services or BOCES, charter schools) to provide to students in kindergarten through 3rd grade the instruction and evidence based interventions necessary to en...

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LASigned into law 05/2012P-12Student Assessment and Statewide Standards
H.B. 707
Relates to the Louisiana Competency-Based Education Program and the Louisiana Educational Assessment Program. Provides greater clarity to the definition of state content standards. Indicates that criterion-referenced tests will be replaced by standards-based a...

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TNSigned into law 05/2012P-12Grade Retention
S.B. 2156
Prohibits promotion of students in the third and eighth grades who do not demonstrate understanding of the curriculum and the ability to perform required grade level skills either through the student's grades or standardized test scores.
http://www.capitol.tn....

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OKSigned into law 05/2012P-12Modifies the Reading Sufficiency Act
H.B. 2516
Adds kindergarten students to assessment requirement (K-3 students are to be assessed at the beginning of each year using an approved screening instrument). Establishes that a statewide criterion-referenced test is the initial determinant, but not the sole det...

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OHSigned into law 06/2011P-12Ranges of Scores on State Assessments
H.B. 153 - Ranges of Scores on State Assessments
Directs the state board not to prescribe the three ranges of scores for the assessments prescribed by division (A)(2) of section 3301.0710 of the Revised Code http://codes.ohio.gov/orc/3301.0710, as amended by Am. Sub. H.B. 1 of the 128th General Assembly, unt...

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TXSigned into law 06/2011P-12Assessing Students Taking Courses Above Their Grade Level
H.B. 2135
Specifies that state policy does not require a 5th or 8th grader to be administered a criterion-referenced assessment if the student is enrolled in a course above the student's grade level and will be administered an assessment for that course, or is enrolled ...

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TNSigned into law 06/2011P-12Reading Proficiency
S.B. 1776
Beginning with the 2011-2012 school year, a student in the third grade may not be promoted to the next grade level unless the student has shown a basic understanding of curriculum and ability to perform the skills required in the subject of reading as demonstr...

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COSigned into law 05/2011P-12
Postsec.
Community College
Task Force on Student Academic Success
S.B. 111
Creates the Task Force on Student Academic Success. The overall charge of the task force is to identify the junctures at which grade-level performance are critical to student progress and to ensuring they are college and career ready upon graduation. More spec...

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OKSigned into law 05/2011P-12Reading Proficiency and Support
S.B. 346
Starting with students entering first grade in the 2011-2012 school year, the program of reading instruction must include provisions of the READ Initiative adopted by the school district, as instructed in the measure. If a reading deficiency is not remedied by...

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CASigned into law 10/2010P-12Supplemental Instruction
A.B. 1610 - Supplemental Instruction
From bill summary: Makes inoperative until July 1, 2013 the requirement that districts offer programs of direct, systematic and intensive supplemental instruction (during summer, before or after school, on Saturdays or during intersession--not during the regul...

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INNotices of Intent to Adopt Rules 10/2010P-12Reading Framework
511 IAC 6.1-5-2.6; 511 IAC 6.2-3.1
Amends 511 IAC 6.1-5-2.6 to include the utilization of the reading framework adopted by the state board of education as part of the required elementary curriculum. Adds 511 IAC 6.2-3.1 to define and require elementary schools to submit a reading plan and to de...

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AZSigned into law 05/2010P-12Task Force on Reading Assessment
H.B. 2732
Requires the State Board of Education to adopt specific competency requirements for the promotion of third grade pupils.
Establishes the Task Force on Reading Assessment. Specifies requirements for inclusion in the State Board of Education adopted competency r...

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OHSigned into law 07/2009P-12Waiver of American History Course Requirement
H.B. 1 - Section 3313.60
From DOE summary of H.B. 1: Allows school district boards to waive the requirement to take an American history course for promotion from 8th to 9th grade for academically accelerated students who are to demonstrate mastery of essential concepts and skills of t...

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LASigned into law 06/2009P-12Promotion/retention policies
H.B. 179
Prohibits using test scores as the sole criteria for determining student promotion to the succeeding grade; deletes the requirement that the Board of Education and Secondary Education establish the proficiency levels for fourth and eighth grade students; remov...

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TXSigned into law 06/2009P-12At-Risk Definition
H.B. 2703
Provides that a student is not considered at risk of dropping out of school if the student was retained in prekindergarten or kindergarten solely at the parent's request. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02703F.pdf...

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TXSigned into law 06/2009P-12Student Promotion
H.B. 3 - Section 28 and 29
Section 28: Provides that in determining student promotion, a district must consider the student's teacher's recommendation, the student 's grade in each course, the student's score on state assessments, and any other academic information deemed necessary by t...

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FLAdopted 01/2009P-12COMPREHENSIVE MANAGEMENT INFORMATION SYSTEM
FAC 6A-1.094221
Amends rule to provide guidance relating to the statewide public school student progression law eliminating social promotion by removing the FCAT Norm Referenced Test (NRT) as an alternative assessment good cause exemption for students scoring at Level 1 on th...

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LAAdopted 11/2008P-12Student Promotion/Retention
LAC 28:28:XXXIX.503, 1301
Modifies the 8th grade waiver policy with additional criteria to be considered for requirement to pass state test to be promoted to 9th grade.
http://doa.louisiana.gov/osr/lac/28v39/28v39.doc...

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TXAdopted 08/2006P-12Optional Extended Year Program
19 TAC 2.105.AA.105.1001
Amends rules relating to the optional extended year program for students in kindergarten through grade eleven who are identified as likely not to be promoted to the next grade level for the succeeding school year. TEXAS 9885
http://www.tea.state.tx.us/rules/ta...

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FLSigned into law 05/2006P-12Florida Secondary School Redesign Act
H.B. 7087 - Section 19
Defines secondary schools as those serving grades 6-12. Specifies that the following guiding principles must be used in the annual preparation of each secondary school's improvement plan:

(a) Struggling students, especially those in failing schools, need th...

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FLSigned into law 05/2006P-12Middle School Reforms
H.B. 7087 (Section 21)
Beginning with students entering grade 6 in the 2006-2007 school year, promotion from a school composed of middle grades 6, 7, and 8 requires that: (a) The student must successfully complete academic courses as follows: 1.. Three middle school or higher course...

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INSigned into law 03/2006P-12District Report Cards
H.B. 1347 Section 7
Requires district report cards to report:
--The number and percentage of students participating in the school flex program, if offered (see IC 20-30-2-2.2 http://www.in.gov/legislative/ic/code/title20/ar30/ch2.html)
--The number of students who have dropped o...

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OKSigned into law 05/2005P-12Focus on Reading and Math in Grades K to 3
H.B. 1621
Requires each school district to ensure that instructional time each day of the school year in kindergarten through third grade is focused on reading and mathematics. Requires the state board of education to encourage school districts to integrate the teachin...

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ARSigned into law 04/2005P-12Grade 3-8 Assessments, End-of-Course Exams and Remediation
H.B. 2824
Requires a student not passing an immediately previous grades 3-8 benchmark assessment or in a secondary level end-of-course assessment to participate in remediation activities as required in the student's individualized academic improvement plan beginning in ...

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CAVetoed 09/2004P-12Supplemental Instruction: Reading Ability
S.B. 651
Requires a school district, as a condition of receiving funding for supplemental instruction, to convene a pupil study team for each pupil who is
retained, or at risk of being retained, between the 2nd and 3rd grades because the pupil's reading ability is unsa...

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ARSigned into law 06/2004P-12Student Assessment and Educational Accountability Act of 2004 - Promotion
S.B. 33 5
Adds Ark Code 6-15-1805. Eliminates social promotion; requires no student be assigned to a grade level based on age. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf ...

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DERule Adoption 12/2003P-12Promotion
14 DAC 230
Establishes rules requiring that local school districts have promotion policies in place for grades K through grade 12. Incorporates the promotion requirements as defined in the Delaware Code and in regulation 925 Children with Disabilities. DELAWARE REG 1476 ...

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OHSigned into law 08/2003P-12Promotion Provisions
H.B. 3 -- Third Grade Reading Guarantee
This section specififes that the following options available to districts under the third grad reading guarantee for students who receive a limited score on the third grade reading achievement test apply to special education students: (1) promotion to 4th grad...

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NVSigned into law 06/2003P-12Promotion
S.B. 34
Amends NRS 392.125 with the provision "except for the promotion of a pupil to high school," to the requriement that no pupil may
be retained more than one time in the same grade. ...

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NVSigned into law 05/2003P-12Requirements for Promotion to Next Grade
S.B. 253
Provides that a pupil must be in attendance for a minimum number of days to obtain credit or to be promoted to the next higher grade; requiring each school to provide notice to the parent or legal guardian of a
pupil before the pupil is denied credit or promot...

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MNSigned into law 05/2003P-12Retention Based on State Test Scores
H.F. 302 (multiple provisions)
Allows a school, district or charter school to use a student's performance on a state assessment as one of multiple criteria in determining grade promotion or retention. http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=H...

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NMSigned into law 03/2003P-12Remediation, Promotion Policies
H.B. 212 (Omnibus Bill)
Amends Section 22-2A-6. Remediation programs, academic improvement programs and promotion policies shall be aligned with alternative school or district-determined assessment results and requirements of the assessment and accountability program. Schools must p...

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FLSigned into law 08/2002P-12Education Code Re-Write: Public School Student Progression, Remedial Services, Reporting Requirements
S.B. 20E
Shifts responsibility for establishing rules regarding student report cards from state superintendent to state board. Modifies rules relating to remediation, retention and promotion. Specifically, as stated by legislative summary, "The bill requires retention ...

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DESigned into law 05/2002P-12Below the Standard Score and Individual Improvement Plan for Promotion
S.B. 322
Before enactment of this legislation, this subparagraph banned any 3rd-, 5th- or 8th-grader scoring Well Below the Standard on the state reading assessment from being promoted to the next grade unless the student participated in a summer school program and att...

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OHSigned into law 11/2001P-12Student Interventions
S.B. 1
Requires districts and community schools (charters) to provide intervention services to students who fail to attain a proficient score on any fourth grade proficiency test, and creates an intervention requirement for students who score below the proficient lev...

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UTSigned into law 02/2001P-12Middle School Exit Requirements
S.B. 102
Utah requires middle school students to meet required competencies before advancing to high school. The Utah legislature amended the law by allowing local board to let students requiring remediation who would otherwise be scheduled to enter their first year o...

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UTSigned into law 09/2000P-12Establishment of U-PASS Assessment Program
H.B. 177
Puts into legislation recommendations of Task Force on Learning Standards and Accountability in Public Education created by 1999 legislation. Creates both norm-referenced and criterion-referenced tests for students in most grades; writing assessments for stud...

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DESigned into law 05/2000P-12Professional Development and Educator Accountability Act
S.B. 260
Creates the Professional Development and Educator Accountability Act. Beginning in 2002, at least 20% of educator's performance evaluation will be tied to student improvement -- teachers and administrators who fail to measure up can be dismissed. Establishes m...

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VASigned into law 03/2000P-12Accelerated Learning
H.B. 1196
Requires Board of Education to establish requirements to facilitate acceleration of students who are qualified under standard of learning assessment to sit for relevant test and to obtain credit, including verified credit upon achieving a passing score....

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NMSigned into law 02/2000P-12Standards, Remediation, Parent Involvement
H.B. 78
Relates to educational standards; provides for remediation and academic improvement programs; restricts promotions; provides for parental involvement....

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