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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 a school district or campus in a school year in |
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which in-person attendance at the district is disrupted as a result |
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of a declared disaster and the requirement to use those assessment |
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instruments as a criterion for promotion or graduation of a public |
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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 a school district is located wholly or partly in |
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the area of a disaster declared by the president of the United |
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States under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor |
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under Chapter 418, Government Code, during a school year in which |
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in-person attendance at the district is disrupted for at least |
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37,800 instructional minutes as a result of the disaster, the |
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commissioner shall apply to the United States Department of |
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Education for a waiver of the requirement under the Every Student |
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Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer |
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assessment instruments during that school year for the affected |
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district. |
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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 affected district for the applicable |
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school year, including in determining: |
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(A) the accreditation status of a district under |
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Section 39.051; |
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(B) the performance rating to assign to the |
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district or the district's campuses under Section 39.054; or |
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(C) 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 the district or the district's campuses; 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. 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. |