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A BILL TO BE ENTITLED
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AN ACT
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relating to a school district policy to exempt district students |
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from the administration of certain assessment instruments and from |
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certain promotion and graduation requirements based on a student's |
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satisfactory performance on those assessment instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.021, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Subsection (c)(3) does not apply to an assessment |
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instrument administered under Section 39.023(a), (b), or (l), if |
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the school district in which the student is enrolled has exempted |
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district students from the administration of the assessment |
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instrument under a district policy adopted under Section 39.02303. |
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SECTION 2. Section 28.025(b-4), Education Code, is amended |
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to read as follows: |
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(b-4) A school district may offer the curriculum described |
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in Subsections (b-1)(1) through (4) in an applied manner. Courses |
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delivered in an applied manner must cover the essential knowledge |
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and skills, and the student shall be administered the applicable |
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end-of-course assessment instrument as provided by Sections |
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39.023(c) and 39.025, unless the student is enrolled in a district |
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that has exempted district students from the administration of the |
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applicable assessment instrument under a policy adopted under |
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Section 39.02303. |
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SECTION 3. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02303 to read as follows: |
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Sec. 39.02303. SCHOOL DISTRICT OPTION TO EXEMPT STUDENTS |
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FROM ADMINISTRATION OF CERTAIN ASSESSMENT INSTRUMENTS. (a) The |
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board of trustees of each school district may adopt a policy |
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exempting students from the administration of any of the following |
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assessment instruments: |
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(1) the social studies assessment instrument |
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administered in grade eight as provided by Section 39.023(a); |
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(2) the United States history end-of-course |
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assessment instrument as provided by Section 39.023(c); |
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(3) the English II end-of-course assessment |
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instrument as provided by Section 39.023(c); |
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(4) any other assessment instrument administered |
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under this subchapter that is not required by federal law; and |
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(5) any federally required assessment instrument for |
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which the commissioner of education obtains a waiver described by |
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Subsection (d). |
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(b) At the beginning of each school year, a school district |
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or open-enrollment charter school shall notify the parent or |
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guardian of each student enrolled in the district or school that the |
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parent or guardian may request information regarding the district's |
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policy adopted under Subsection (a). |
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(c) Notwithstanding any other law, a student does not fail |
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to perform satisfactorily on an assessment instrument administered |
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under this subchapter if the student is not administered the |
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assessment instrument because the school district policy adopted |
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under Subsection (a) exempts district students from the |
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administration of the assessment instrument. |
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(d) The commissioner of education shall request from the |
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United States Department of Education a waiver from the application |
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of any conflicting federal law or regulation requiring the |
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administration of assessment instruments to students in certain |
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subject areas. |
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SECTION 4. Section 39.025, Education Code, is amended by |
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adding Subsection (a-6) to read as follows: |
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(a-6) If a school district in which a student is enrolled |
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has exempted district students, under a district policy adopted |
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under Section 39.02303, from the administration of an end-of-course |
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assessment instrument administered under Section 39.023(c): |
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(1) the requirement under Subsection (a) for |
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satisfactory performance on that end-of-course assessment |
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instrument does not apply; and |
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(2) the student may not be denied a high school diploma |
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under this section because the student was not administered the |
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applicable assessment instrument. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall request from the |
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United States Department of Education a waiver from the application |
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of any conflicting federal law or regulation requiring the |
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administration of assessment instruments to a student enrolled in a |
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school district that has adopted a district policy under Section |
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39.02303, Education Code, as added by this Act, exempting district |
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students from the administration of assessment instruments in a |
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subject area for which administration of assessment instruments is |
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required under the Every Student Succeeds Act (20 U.S.C. Section |
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7801). |
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SECTION 6. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 7. 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. |