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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of public school assessment |
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instruments and the temporary suspension of certain accountability |
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determinations for public schools in a school year in which public |
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school operations are disrupted as a result of a declared disaster |
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and the requirement to use those assessment instruments as a |
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criterion for promotion or graduation of a public school student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0239 to read as follows: |
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Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND |
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TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING |
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DISASTER. (a) If, during a school year, a statewide disaster |
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declared by the president of the United States under the Robert T. |
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Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. |
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Section 5121 et seq.) or by the governor under Chapter 418, |
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Government Code, significantly disrupts school district |
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operations, including in-person attendance, in a majority of school |
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districts in this state, the commissioner shall apply to the United |
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States Department of Education for a waiver of the requirement |
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under the Every Student Succeeds Act (20 U.S.C. Section 6301 et |
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seq.) to administer assessment instruments during that school year. |
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(b) If the United States Department of Education fails to |
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grant a waiver requested under Subsection (a), the assessment |
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instruments shall be administered as required under Section 39.023 |
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during the applicable school year, but, notwithstanding any other |
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law, the commissioner may not consider the results of the |
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assessment instruments for purposes of: |
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(1) evaluating school district or campus performance |
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under this chapter for the applicable school year, including in |
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determining: |
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(A) the performance rating to assign to each |
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district or campus under Section 39.054; or |
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(B) whether to impose any intervention or |
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sanction authorized by Chapter 39A after the applicable school year |
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on each district or campus; or |
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(2) determining a student's qualification for |
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promotion or graduation. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall apply to the United |
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States Department of Education for a statewide waiver of the annual |
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assessment of students required under the Every Student Succeeds |
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Act (20 U.S.C. Section 6301 et seq.) for the 2020-2021 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |