87R7665 MM-D
By: Dean, Guillen, Lozano H.B. No. 2802
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 public schools in a school year in which public
school operations 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, during a school year, a statewide 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, significantly disrupts school district
operations, including in-person attendance, in a majority of school
districts in this state, 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.
(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 applicable school year, including in
determining:
(A) the performance rating to assign to each
district or campus under Section 39.054; or
(B) whether to impose any intervention or
sanction authorized by Chapter 39A after the applicable school year
on each district or campus; or
(2) determining a student's qualification for
promotion or graduation.
SECTION 2. As soon as practicable after the effective date
of this Act, the commissioner of education shall apply to the United
States Department of Education for a statewide waiver of the annual
assessment of students required under the Every Student Succeeds
Act (20 U.S.C. Section 6301 et seq.) for the 2020-2021 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, 2021.