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H. B. No. 993 *HR26/R1644* ~ OFFICIAL ~ G1/2
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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Haney
HOUSE BILL NO. 993
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION AND THE STATE 1
DEPARTMENT OF EDUCATION TO APPLY TO THE UNITED STATES DEPARTMENT 2
OF EDUCATION FOR A WAIVER FROM THE ASSESSMENT REQUIREMENTS FOR 3
GRADES 3 THROUGH 8; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. (1) For purposes of this section, the following 6
terms shall have the meanings ascribed in this subsection, unless 7
context of use clearly requires otherwise: 8
(a) "Assessment requirement" means the statutory or 9
regulatory requirement under the Elementary and Secondary 10
Education Act of 1965 (ESEA), as amended by the Every Student 11
Succeeds Act (ESSA), requiring annual statewide assessments, 12
including summative assessments, in reading/language arts and 13
mathematics for students in Grades 3 through 8. 14
(b) "Board" means the State Board of Education. 15
(c) "Department" means the State Department of 16
Education. 17
(d) "LEA" means a local school district in its role as 18
the local educational agency. 19
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(d) "SEA" means the State Department of Education in 20
its role as the state educational agency. 21
(2) (a) The State Board and the SEA, jointly, shall prepare 22
and submit to the United States Department of Education a waiver 23
request under Section 8401 of the ESEA (or any successor 24
provision), seeking to waive the assessment requirement for 25
students in Grades 3 through 8 for all or part of the required 26
assessments, as applicable, for as long as permitted under federal 27
law. 28
(b) The waiver request shall be submitted no later than 29
March 1, 2026, unless a later date is necessary to satisfy all 30
federal requirements, in which case the deadline may be adjusted 31
by rule of the State Board of Education upon a finding that such 32
extension is necessary. 33
(3) The waiver request shall include, but not be limited to, 34
all items required under Section 8401(b) of the ESEA, including: 35
(a) A clear description of which assessments and 36
associated statutory or regulatory requirements are to be waived; 37
(b) A plan for how waiving such assessments will 38
advance student academic achievement in reading/language arts and 39
mathematics, especially for historically underserved and 40
disadvantaged student subgroups; 41
(c) A description of how the state will monitor and 42
regularly evaluate the effectiveness of the waiver during the 43
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waiver period, including metrics, alternative assessments or other 44
indicators; 45
(d) Assurance that the same student populations 46
currently served by the assessments will continue to be served 47
under the waiver; and 48
(e) Transparent reporting to parents, the public, and 49
school districts on student achievement, school performance, and 50
subgroup performance, even during the waiver period. 51
(4) (a) Before submitting the waiver request, the SEA shall 52
publish notice of its intent to submit the waiver request in a 53
manner customary for such notices, and shall allow reasonable 54
opportunity for public comment, including from school districts 55
(LEAs), parents, teachers and other stakeholders. 56
(b) The SEA shall collect and document all comments 57
received, respond to them, and include the summary of comments and 58
responses in the waiver request to the United States Department of 59
Education. 60
(5) (a) The SEA shall annually report to the board and to 61
the Legislature on: 62
(i) The status of the waiver requests as pending, 63
approved, denied or extended, etc.; 64
(ii) Interim findings on the impact of the waiver, 65
if approved, including student achievement, subgroup performance, 66
any unintended consequences and comparisons with prior 67
assessments; and 68
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ST: Federal testing waiver; require the State
Board of Education to request for 3rd-8th grade
assessment.
(iii) Any modifications to instructional, 69
assessment or accountability practices undertaken to compensate 70
for the waiver. 71
(b) The SEA shall ensure that schools and LEAs continue 72
to meet all other applicable federal and state accountability and 73
reporting requirements, except those specifically waived. 74
SECTION 2. This act shall take effect and be in force from 75
and after July 1, 2026. 76