A state legislator has pre-filed a bill that would retain students in third grade if they score less than proficient on state reading tests.

The measure by Rep. Steve Huebert, R-Valley Center, will be considered by legislators when the 2013 session starts Monday.

House Bill 2004 includes exceptions for mandatory retention.

These include students with limited English proficiency who have had fewer than two years of English language instruction and special education students for whom state tests are not appropriate or who have received two years of intensive remedial help and were previously held back one to two years.