87R11718 GCB-D
By: Slaton H.B. No. 4198
A BILL TO BE ENTITLED
AN ACT
relating to a school district policy to exempt district students
from the administration of certain assessment instruments and from
certain promotion and graduation requirements based on a student's
satisfactory performance on those assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.021, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Subsection (c)(3) does not apply to an assessment
instrument administered under Section 39.023(a), (b), or (l), if
the school district in which the student is enrolled has exempted
district students from the administration of the assessment
instrument under a district policy adopted under Section 39.02303.
SECTION 2. Section 28.025(b-4), Education Code, is amended
to read as follows:
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) in an applied manner. Courses
delivered in an applied manner must cover the essential knowledge
and skills, and the student shall be administered the applicable
end-of-course assessment instrument as provided by Sections
39.023(c) and 39.025, unless the student is enrolled in a district
that has exempted district students from the administration of the
applicable assessment instrument under a policy adopted under
Section 39.02303.
SECTION 3. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02303 to read as follows:
Sec. 39.02303. SCHOOL DISTRICT OPTION TO EXEMPT STUDENTS
FROM ADMINISTRATION OF CERTAIN ASSESSMENT INSTRUMENTS. (a) The
board of trustees of each school district may adopt a policy
exempting students from the administration of any of the following
assessment instruments:
(1) the social studies assessment instrument
administered in grade eight as provided by Section 39.023(a);
(2) the United States history end-of-course
assessment instrument as provided by Section 39.023(c);
(3) the English II end-of-course assessment
instrument as provided by Section 39.023(c);
(4) any other assessment instrument administered
under this subchapter that is not required by federal law; and
(5) any federally required assessment instrument for
which the commissioner of education obtains a waiver described by
Subsection (d).
(b) At the beginning of each school year, a school district
or open-enrollment charter school shall notify the parent or
guardian of each student enrolled in the district or school that the
parent or guardian may request information regarding the district's
policy adopted under Subsection (a).
(c) Notwithstanding any other law, a student does not fail
to perform satisfactorily on an assessment instrument administered
under this subchapter if the student is not administered the
assessment instrument because the school district policy adopted
under Subsection (a) exempts district students from the
administration of the assessment instrument.
(d) The commissioner of education shall request from the
United States Department of Education a waiver from the application
of any conflicting federal law or regulation requiring the
administration of assessment instruments to students in certain
subject areas.
SECTION 4. Section 39.025, Education Code, is amended by
adding Subsection (a-6) to read as follows:
(a-6) If a school district in which a student is enrolled
has exempted district students, under a district policy adopted
under Section 39.02303, from the administration of an end-of-course
assessment instrument administered under Section 39.023(c):
(1) the requirement under Subsection (a) for
satisfactory performance on that end-of-course assessment
instrument does not apply; and
(2) the student may not be denied a high school diploma
under this section because the student was not administered the
applicable assessment instrument.
SECTION 5. As soon as practicable after the effective date
of this Act, the commissioner of education shall request from the
United States Department of Education a waiver from the application
of any conflicting federal law or regulation requiring the
administration of assessment instruments to a student enrolled in a
school district that has adopted a district policy under Section
39.02303, Education Code, as added by this Act, exempting district
students from the administration of assessment instruments in a
subject area for which administration of assessment instruments is
required under the Every Student Succeeds Act (20 U.S.C. Section
7801).
SECTION 6. This Act applies beginning with the 2021-2022
school year.
SECTION 7. 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.