| 1 | 1 | | 87R3338 MM-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 1192 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of public school assessment |
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| 8 | 8 | | instruments and the temporary suspension of certain accountability |
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| 9 | 9 | | determinations for a school district or campus in a school year in |
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| 10 | 10 | | which the operations of the district or campus are disrupted as a |
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| 11 | 11 | | result of a declared disaster and the requirement to use those |
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| 12 | 12 | | assessment instruments as a criterion for promotion or graduation |
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| 13 | 13 | | of a public school student. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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| 16 | 16 | | amended by adding Section 39.0239 to read as follows: |
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| 17 | 17 | | Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND |
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| 18 | 18 | | TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING |
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| 19 | 19 | | DISASTER. (a) If a school district is located wholly or partly in |
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| 20 | 20 | | the area of a disaster declared by the president of the United |
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| 21 | 21 | | States under the Robert T. Stafford Disaster Relief and Emergency |
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| 22 | 22 | | Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor |
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| 23 | 23 | | under Chapter 418, Government Code, during a school year in which |
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| 24 | 24 | | district operations, including in-person attendance, are |
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| 25 | 25 | | disrupted, the commissioner shall apply to the United States |
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| 26 | 26 | | Department of Education for a waiver of the requirement under the |
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| 27 | 27 | | Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to |
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| 28 | 28 | | administer assessment instruments during that school year for the |
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| 29 | 29 | | affected district. |
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| 30 | 30 | | (b) If the United States Department of Education fails to |
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| 31 | 31 | | grant a waiver requested under Subsection (a), the assessment |
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| 32 | 32 | | instruments shall be administered as required under Section 39.023 |
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| 33 | 33 | | during the applicable school year, but, notwithstanding any other |
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| 34 | 34 | | law, the commissioner may not consider the results of the |
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| 35 | 35 | | assessment instruments for purposes of: |
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| 36 | 36 | | (1) evaluating school district or campus performance |
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| 37 | 37 | | under this chapter for the affected district for the applicable |
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| 38 | 38 | | school year, including in determining: |
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| 39 | 39 | | (A) the performance rating to assign to the |
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| 40 | 40 | | district or the district's campuses under Section 39.054; or |
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| 41 | 41 | | (B) whether to impose any intervention or |
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| 42 | 42 | | sanction authorized by Chapter 39A after the applicable school year |
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| 43 | 43 | | on the district or the district's campuses; or |
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| 44 | 44 | | (2) determining a student's qualification for |
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| 45 | 45 | | promotion or graduation. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2021. |
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