Texas 2013 - 83rd Regular

Texas House Bill HB44 Latest Draft

Bill / Introduced Version

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                            83R748 PAM-F
 By: Flynn H.B. No. 44


 A BILL TO BE ENTITLED
 AN ACT
 relating to a moratorium on administering assessment instruments to
 public school students under the public school accountability
 system.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 39, Education Code, is
 amended by adding Section 39.0221 to read as follows:
 Sec. 39.0221.  TEMPORARY MORATORIUM ON ADMINISTERING
 ASSESSMENT INSTRUMENTS. (a) The agency shall:
 (1)  develop a plan for school districts to suspend the
 administration of assessment instruments under Section 39.023 for
 the 2013-2014 and 2014-2015 school years;
 (2)  determine whether implementation of a plan under
 Subdivision (1) would result in the loss of any federal education
 funding under the No Child Left Behind Act of 2001 (20 U.S.C.
 Section 6301 et seq.) or other federal law; and
 (3)  advise districts regarding any potential loss of
 federal education funding.
 (b)  The superintendent of a school district may suspend
 district administration of assessment instruments under Section
 39.023 for the 2013-2014 and 2014-2015 school years if the
 suspension is:
 (1)  approved by the board of trustees of the district;
 and
 (2)  consistent with the plan developed by the agency
 under Subsection (a).
 (c)  The superintendent of a school district may apply funds
 the superintendent identifies as savings from expenditures that
 would otherwise be required for assessment instruments or the
 administration of assessment instruments only to:
 (1)  the retention of teachers or other district
 personnel with direct student contact and involvement; or
 (2)  consumable resources requested by classroom
 teachers for classroom instruction.
 (d)  The amount of state funding a school district receives
 each school year is not contingent on a superintendent's decision
 under this section concerning the administration of assessment
 instruments under Section 39.023 for the 2013-2014 and 2014-2015
 school years.
 (e)  This section expires September 1, 2015.
 SECTION 2.  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, 2013.