87R3338 MM-D
 
  By: Hinojosa H.B. No. 1192
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of public school assessment
  instruments and the temporary suspension of certain accountability
  determinations for a school district or campus in a school year in
  which the operations of the district or campus are disrupted as a
  result of a declared disaster and the requirement to use those
  assessment instruments as a criterion for promotion or graduation
  of a public school student.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0239 to read as follows:
         Sec. 39.0239.  ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
  TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
  DISASTER. (a)  If a school district is located wholly or partly in
  the area of a disaster declared by the president of the United
  States under the Robert T. Stafford Disaster Relief and Emergency
  Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor
  under Chapter 418, Government Code, during a school year in which
  district operations, including in-person attendance, are
  disrupted, the commissioner shall apply to the United States
  Department of Education for a waiver of the requirement under the
  Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
  administer assessment instruments during that school year for the
  affected district.
         (b)  If the United States Department of Education fails to
  grant a waiver requested under Subsection (a), the assessment
  instruments shall be administered as required under Section 39.023
  during the applicable school year, but, notwithstanding any other
  law, the commissioner may not consider the results of the
  assessment instruments for purposes of:
               (1)  evaluating school district or campus performance
  under this chapter for the affected district for the applicable
  school year, including in determining:
                     (A)  the performance rating to assign to the
  district or the district's campuses under Section 39.054; or
                     (B)  whether to impose any intervention or
  sanction authorized by Chapter 39A after the applicable school year
  on the district or the district's campuses; or
               (2)  determining a student's qualification for
  promotion or graduation.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.