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AN ACT
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relating to the administration of assessment instruments to public |
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school students on religious holy days. |
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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 39.0238 to read as follows: |
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Sec. 39.0238. CONSIDERATION OF RELIGIOUS HOLY DAYS IN |
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SCHEDULING ASSESSMENT INSTRUMENTS. (a) In this section, |
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"religious holy day or period of observance" means a holy day or a |
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period of holy days observed by a religion whose places of worship |
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would be exempt from property taxation under Section 11.20, Tax |
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Code. |
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(b) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may consider |
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the dates of religious holy days or periods of observance likely to |
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be observed by the students enrolled in the district or school |
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during the period set by the State Board of Education for the |
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administration of assessment instruments required under Section |
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39.023 in establishing: |
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(1) the district's or school's calendar for that |
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school year; and |
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(2) the instructional days within that period on which |
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district or school students are administered the required |
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assessment instruments, provided that the board of trustees or |
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governing body may not exclude more than two instructional days |
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from that period based solely on the occurrence of a single |
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religious holy day or period of observance. |
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(c) In establishing a school calendar as described in |
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Subsection (b), the board of trustees of a school district or the |
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governing body of an open-enrollment charter school shall provide |
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for alternative dates for the administration of assessment |
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instruments required under Section 39.023 to a student who is |
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absent from school to observe a religious holy day or period of |
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observance on the date an assessment instrument is administered. |
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(d) The agency may adopt rules as necessary to ensure a |
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student may be administered an assessment instrument on an |
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alternative date as necessary to comply with this section. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1883 was passed by the House on May 2, |
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2023, by the following vote: Yeas 110, Nays 36, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1883 on May 25, 2023, by the following vote: Yeas 101, Nays 38, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1883 was passed by the Senate, with |
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amendments, on May 22, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |