Bill Text: TX HB2802 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-14 - Referred to Education [HB2802 Detail]
Download: Texas-2021-HB2802-Comm_Sub.html
| 87R7665 MM-D | ||
| By: Dean, Guillen, Lozano | H.B. No. 2802 | |
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| 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. | ||
