87R3338 MM-D
By: Hinojosa H.B. No. 1192
A BILL TO BE ENTITLED
AN ACT
relating to the administration of public school assessment
instruments and the temporary suspension of certain accountability
determinations for a school district or campus in a school year in
which the operations of the district or campus are disrupted as a
result of a declared disaster and the requirement to use those
assessment instruments as a criterion for promotion or graduation
of a public school student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0239 to read as follows:
Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
DISASTER. (a) If a school district is located wholly or partly in
the area of a disaster declared by the president of the United
States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor
under Chapter 418, Government Code, during a school year in which
district operations, including in-person attendance, are
disrupted, the commissioner shall apply to the United States
Department of Education for a waiver of the requirement under the
Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
administer assessment instruments during that school year for the
affected district.
(b) If the United States Department of Education fails to
grant a waiver requested under Subsection (a), the assessment
instruments shall be administered as required under Section 39.023
during the applicable school year, but, notwithstanding any other
law, the commissioner may not consider the results of the
assessment instruments for purposes of:
(1) evaluating school district or campus performance
under this chapter for the affected district for the applicable
school year, including in determining:
(A) the performance rating to assign to the
district or the district's campuses under Section 39.054; or
(B) whether to impose any intervention or
sanction authorized by Chapter 39A after the applicable school year
on the district or the district's campuses; or
(2) determining a student's qualification for
promotion or graduation.
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, 2021.