Bill Text: TX HB4198 | 2021-2022 | 87th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-23 - Left pending in committee [HB4198 Detail]
Download: Texas-2021-HB4198-Introduced.html
| 87R11718 GCB-D | ||
| By: Slaton | H.B. No. 4198 | |
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| 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. | ||
