By: Bhojani, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1883
(In the Senate - Received from the House May 3, 2023;
May 5, 2023, read first time and referred to Committee on
Education; May 18, 2023, reported favorably by the following vote:
Yeas 13, Nays 0; May 18, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the administration of assessment instruments to public
school students on religious holy days.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0238 to read as follows:
Sec. 39.0238. CONSIDERATION OF RELIGIOUS HOLY DAYS IN
SCHEDULING ASSESSMENT INSTRUMENTS. (a) In this section,
"religious holy day or period of observance" means a holy day or a
period of holy days observed by a religion whose places of worship
are exempt from property taxation under Section 11.20, Tax Code,
including:
(1) All Saints' Day;
(2) Christmas Day;
(3) Diwali;
(4) Eid al-Adha;
(5) Eid al-Fitr;
(6) Good Friday;
(7) Immaculate Conception;
(8) Passover;
(9) Rosh Hashanah;
(10) Vaisakhi;
(11) Holy Thursday;
(12) Reformation Day;
(13) Vesak; and
(14) Yom Kippur.
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school may consider
the dates of religious holy days or periods of observance likely to
be observed by the students enrolled in the district or school
during the period set by the State Board of Education for the
administration of assessment instruments required under Section
39.023 in establishing:
(1) the district's or school's calendar for that
school year; and
(2) the instructional days within that period on which
district or school students are administered the required
assessment instruments, provided that the board of trustees or
governing body may not exclude more than two instructional days
from that period based solely on the occurrence of a single
religious holy day or period of observance.
(c) In establishing a school calendar as described in
Subsection (b), the board of trustees of a school district or the
governing body of an open-enrollment charter school shall provide
for alternative dates for the administration of assessment
instruments required under Section 39.023 to a student who is
absent from school to observe a religious holy day or period of
observance on the date an assessment instrument is administered.
(d) The agency may adopt rules as necessary to ensure a
student may be administered an assessment instrument on an
alternative date as necessary to comply with this section.
SECTION 2. This Act applies beginning with the 2023-2024
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, 2023.
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