House Bill 993

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION TO APPLY TO THE UNITED STATES DEPARTMENT OF EDUCATION FOR A WAIVER FROM THE ASSESSMENT REQUIREMENTS FOR GRADES 3 THROUGH 8; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless context of use clearly requires otherwise:

(a) "Assessment requirement" means the statutory or regulatory requirement under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), requiring annual statewide assessments, including summative assessments, in reading/language arts and mathematics for students in Grades 3 through 8.

(b) "Board" means the State Board of Education.

(d) "LEA" means a local school district in its role as the local educational agency.

(d) "SEA" means the State Department of Education in its role as the state educational agency.

(2) (a) The State Board and the SEA, jointly, shall prepare and submit to the United States Department of Education a waiver request under Section 8401 of the ESEA (or any successor provision), seeking to waive the assessment requirement for students in Grades 3 through 8 for all or part of the required assessments, as applicable, for as long as permitted under federal law.

(b) The waiver request shall be submitted no later than March 1, 2026, unless a later date is necessary to satisfy all federal requirements, in which case the deadline may be adjusted by rule of the State Board of Education upon a finding that such extension is necessary.

(3) The waiver request shall include, but not be limited to, all items required under Section 8401(b) of the ESEA, including:

(a) A clear description of which assessments and associated statutory or regulatory requirements are to be waived;

(b) A plan for how waiving such assessments will advance student academic achievement in reading/language arts and mathematics, especially for historically underserved and disadvantaged student subgroups;

(c) A description of how the state will monitor and regularly evaluate the effectiveness of the waiver during the waiver period, including metrics, alternative assessments or other indicators;

(d) Assurance that the same student populations currently served by the assessments will continue to be served under the waiver; and

(e) Transparent reporting to parents, the public, and school districts on student achievement, school performance, and subgroup performance, even during the waiver period.

(4) (a) Before submitting the waiver request, the SEA shall publish notice of its intent to submit the waiver request in a manner customary for such notices, and shall allow reasonable opportunity for public comment, including from school districts (LEAs), parents, teachers and other stakeholders.

(b) The SEA shall collect and document all comments received, respond to them, and include the summary of comments and responses in the waiver request to the United States Department of Education.

(5) (a) The SEA shall annually report to the board and to the Legislature on:

(i) The status of the waiver requests as pending, approved, denied or extended, etc.;

(ii) Interim findings on the impact of the waiver, if approved, including student achievement, subgroup performance, any unintended consequences and comparisons with prior assessments; and

(iii) Any modifications to instructional, assessment or accountability practices undertaken to compensate for the waiver.

(b) The SEA shall ensure that schools and LEAs continue to meet all other applicable federal and state accountability and reporting requirements, except those specifically waived.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.