Bill Text: TX HB3092 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to measures to mitigate the effects of the COVID-19 pandemic on public schools during the 2020-2021 school year, including the administration of public school assessment instruments and the temporary suspension of certain accountability determinations, the requirement to use those assessment instruments as a criterion for promotion or graduation, and the calculation of average daily attendance.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-03-19 - Referred to Public Education [HB3092 Detail]
Download: Texas-2021-HB3092-Introduced.html
| 87R9195 MM-D | ||
| By: Vasut | H.B. No. 3092 | |
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| relating to measures to mitigate the effects of the COVID-19 | ||
| pandemic on public schools during the 2020-2021 school year, | ||
| including the administration of public school assessment | ||
| instruments and the temporary suspension of certain accountability | ||
| determinations, the requirement to use those assessment | ||
| instruments as a criterion for promotion or graduation, and the | ||
| calculation of average daily attendance. | ||
| 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 | ||
| 2020-2021 SCHOOL YEAR. (a) Due to the effects of the coronavirus | ||
| disease (COVID-19) pandemic on public education in this state, the | ||
| commissioner shall apply to the United States Department of | ||
| Education for a statewide waiver of the requirement under the Every | ||
| Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer | ||
| assessment instruments for the 2020-2021 school year. | ||
| (b) If the United States Department of Education grants a | ||
| waiver requested under Subsection (a) before the administration of | ||
| the assessment instruments as required under Section 39.023 for the | ||
| 2020-2021 school year, the assessment instruments may not be | ||
| administered for that school year. | ||
| (c) 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 | ||
| for the 2020-2021 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 affected district for that school year, | ||
| including in determining: | ||
| (A) the accreditation status of a district under | ||
| Section 39.051; | ||
| (B) the performance rating to assign to the | ||
| district or the district's campuses under Section 39.054; or | ||
| (C) whether to impose any intervention or | ||
| sanction authorized by Chapter 39A after that school year on the | ||
| district or the district's campuses; or | ||
| (2) determining a student's qualification for | ||
| promotion or graduation. | ||
| (d) This section expires September 1, 2023. | ||
| SECTION 2. Section 48.005, Education Code, is amended by | ||
| adding Subsection (d-1) to read as follows: | ||
| (d-1) For the 2020-2021 school year, the commissioner shall | ||
| adjust the average daily attendance of a school district or | ||
| open-enrollment charter school in which the coronavirus disease | ||
| (COVID-19) pandemic has had a significant effect on the district's | ||
| or school's average daily attendance. The adjustment must be | ||
| sufficient to ensure that the district or school receives funding | ||
| comparable to the funding that the district or school would have | ||
| received if the decline in average daily attendance reasonably | ||
| attributable to the pandemic had not occurred. This subsection | ||
| applies only to a school district or open-enrollment charter school | ||
| offering in-person instruction for that school year in accordance | ||
| with commissioner rule. This subsection expires September 1, 2023. | ||
| 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. | ||
