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HB993 • 2026

Federal testing waiver; require the State Board of Education to request for 3rd-8th grade assessment.

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.

Education Taxes
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Haney
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass, so it has no legal effect as of now.

Federal Testing Waiver for Grades 3-8

This bill requires the Mississippi State Board of Education and Department of Education to apply for a federal waiver from assessment requirements for students in grades 3 through 8.

What This Bill Does

  • Requires the State Board of Education and the State Department of Education to request a waiver from the U.S. Department of Education for assessment requirements in grades 3 through 8.
  • Specifies that the waiver must be requested by March 1, 2026, unless an extension is needed due to federal requirements.
  • Requires the state agencies to include details about which assessments will be waived and how waiving them will help student achievement.
  • Calls for public notice before submitting a waiver request and allows time for comments from stakeholders.
  • Necessitates annual reports on the status of the waiver requests, their impact, and any changes made due to the waiver.

Who It Names or Affects

  • The State Board of Education
  • The State Department of Education
  • Local school districts (LEAs)
  • Students in grades 3 through 8

Terms To Know

Assessment requirement
Statutory or regulatory requirements under the Elementary and Secondary Education Act for annual statewide assessments in reading/language arts and mathematics.
SEA
State Department of Education acting as the state educational agency.

Limits and Unknowns

  • The bill did not pass, so it has no legal effect.
  • It is unclear how federal authorities will respond to the waiver request.
  • Details about the specific assessments and their impact on student achievement are not provided in the bill text.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Education

Official Summary Text

Federal testing waiver; require the State Board of Education to request for 3rd-8th grade assessment.

Current Bill Text

Read the full stored bill text
H. B. No. 993 *HR26/R1644* ~ OFFICIAL ~ G1/2
26/HR26/R1644
PAGE 1 (DJ\KW)

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
H. B. No. 993 *HR26/R1644* ~ OFFICIAL ~
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PAGE 2 (DJ\KW)

(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
H. B. No. 993 *HR26/R1644* ~ OFFICIAL ~
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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
H. B. No. 993 *HR26/R1644* ~ OFFICIAL ~
26/HR26/R1644
PAGE 4 (DJ\KW)
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