Texas 2021 - 87th Regular

Texas House Bill HB4198 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11718 GCB-D
2	2	By: Slaton H.B. No. 4198
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a school district policy to exempt district students
8	8	from the administration of certain assessment instruments and from
9	9	certain promotion and graduation requirements based on a student's
10	10	satisfactory performance on those assessment instruments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 28.021, Education Code, is amended by
13	13	adding Subsection (c-1) to read as follows:
14	14	(c-1) Subsection (c)(3) does not apply to an assessment
15	15	instrument administered under Section 39.023(a), (b), or (l), if
16	16	the school district in which the student is enrolled has exempted
17	17	district students from the administration of the assessment
18	18	instrument under a district policy adopted under Section 39.02303.
19	19	SECTION 2. Section 28.025(b-4), Education Code, is amended
20	20	to read as follows:
21	21	(b-4) A school district may offer the curriculum described
22	22	in Subsections (b-1)(1) through (4) in an applied manner. Courses
23	23	delivered in an applied manner must cover the essential knowledge
24	24	and skills, and the student shall be administered the applicable
25	25	end-of-course assessment instrument as provided by Sections
26	26	39.023(c) and 39.025, unless the student is enrolled in a district
27	27	that has exempted district students from the administration of the
28	28	applicable assessment instrument under a policy adopted under
29	29	Section 39.02303.
30	30	SECTION 3. Subchapter B, Chapter 39, Education Code, is
31	31	amended by adding Section 39.02303 to read as follows:
32	32	Sec. 39.02303. SCHOOL DISTRICT OPTION TO EXEMPT STUDENTS
33	33	FROM ADMINISTRATION OF CERTAIN ASSESSMENT INSTRUMENTS. (a) The
34	34	board of trustees of each school district may adopt a policy
35	35	exempting students from the administration of any of the following
36	36	assessment instruments:
37	37	(1) the social studies assessment instrument
38	38	administered in grade eight as provided by Section 39.023(a);
39	39	(2) the United States history end-of-course
40	40	assessment instrument as provided by Section 39.023(c);
41	41	(3) the English II end-of-course assessment
42	42	instrument as provided by Section 39.023(c);
43	43	(4) any other assessment instrument administered
44	44	under this subchapter that is not required by federal law; and
45	45	(5) any federally required assessment instrument for
46	46	which the commissioner of education obtains a waiver described by
47	47	Subsection (d).
48	48	(b) At the beginning of each school year, a school district
49	49	or open-enrollment charter school shall notify the parent or
50	50	guardian of each student enrolled in the district or school that the
51	51	parent or guardian may request information regarding the district's
52	52	policy adopted under Subsection (a).
53	53	(c) Notwithstanding any other law, a student does not fail
54	54	to perform satisfactorily on an assessment instrument administered
55	55	under this subchapter if the student is not administered the
56	56	assessment instrument because the school district policy adopted
57	57	under Subsection (a) exempts district students from the
58	58	administration of the assessment instrument.
59	59	(d) The commissioner of education shall request from the
60	60	United States Department of Education a waiver from the application
61	61	of any conflicting federal law or regulation requiring the
62	62	administration of assessment instruments to students in certain
63	63	subject areas.
64	64	SECTION 4. Section 39.025, Education Code, is amended by
65	65	adding Subsection (a-6) to read as follows:
66	66	(a-6) If a school district in which a student is enrolled
67	67	has exempted district students, under a district policy adopted
68	68	under Section 39.02303, from the administration of an end-of-course
69	69	assessment instrument administered under Section 39.023(c):
70	70	(1) the requirement under Subsection (a) for
71	71	satisfactory performance on that end-of-course assessment
72	72	instrument does not apply; and
73	73	(2) the student may not be denied a high school diploma
74	74	under this section because the student was not administered the
75	75	applicable assessment instrument.
76	76	SECTION 5. As soon as practicable after the effective date
77	77	of this Act, the commissioner of education shall request from the
78	78	United States Department of Education a waiver from the application
79	79	of any conflicting federal law or regulation requiring the
80	80	administration of assessment instruments to a student enrolled in a
81	81	school district that has adopted a district policy under Section
82	82	39.02303, Education Code, as added by this Act, exempting district
83	83	students from the administration of assessment instruments in a
84	84	subject area for which administration of assessment instruments is
85	85	required under the Every Student Succeeds Act (20 U.S.C. Section
86	86	7801).
87	87	SECTION 6. This Act applies beginning with the 2021-2022
88	88	school year.
89	89	SECTION 7. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2021.