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.