By: Bhojani, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1883
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on
  Education; May 18, 2023, reported favorably by the following vote:  
  Yeas 13, Nays 0; May 18, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the administration of assessment instruments to public
  school students on religious holy days.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0238 to read as follows:
         Sec. 39.0238.  CONSIDERATION OF RELIGIOUS HOLY DAYS IN
  SCHEDULING ASSESSMENT INSTRUMENTS.  (a)  In this section,
  "religious holy day or period of observance" means a holy day or a
  period of holy days observed by a religion whose places of worship
  are exempt from property taxation under Section 11.20, Tax Code,
  including:
               (1)  All Saints' Day;
               (2)  Christmas Day;
               (3)  Diwali;
               (4)  Eid al-Adha;
               (5)  Eid al-Fitr;
               (6)  Good Friday;
               (7)  Immaculate Conception;
               (8)  Passover;
               (9)  Rosh Hashanah;
               (10)  Vaisakhi;
               (11)  Holy Thursday;
               (12)  Reformation Day;
               (13)  Vesak; and
               (14)  Yom Kippur.
         (b)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school may consider
  the dates of religious holy days or periods of observance likely to
  be observed by the students enrolled in the district or school
  during the period set by the State Board of Education for the
  administration of assessment instruments required under Section
  39.023 in establishing:
               (1)  the district's or school's calendar for that
  school year; and
               (2)  the instructional days within that period on which
  district or school students are administered the required
  assessment instruments, provided that the board of trustees or
  governing body may not exclude more than two instructional days
  from that period based solely on the occurrence of a single
  religious holy day or period of observance.
         (c)  In establishing a school calendar as described in
  Subsection (b), the board of trustees of a school district or the
  governing body of an open-enrollment charter school shall provide
  for alternative dates for the administration of assessment
  instruments required under Section 39.023 to a student who is
  absent from school to observe a religious holy day or period of
  observance on the date an assessment instrument is administered.
         (d)  The agency may adopt rules as necessary to ensure a
  student may be administered an assessment instrument on an
  alternative date as necessary to comply with this section.
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  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, 2023.
 
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