Texas § 39.0238 CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.

Texas Statutes

§ 39.0238 — CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.

Texas § 39.0238

Code EDEducation Code

This text of Texas § 39.0238 (CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Education Code Code Ann. § 39.0238 (2026).

Text

Sec. 39.0238. CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.

(a)In this section, "religious holy day or period of observance" means a holy day or a period of holy days observed by a religion whose places of worship would be exempt from property taxation under Section 11.20 , Tax Code.

(b)The board of trustees of a school district or the governing body of an open-enrollment charter school may consider the dates of religious holy days or periods of observance likely to be observed by the students enrolled in the district or school during the assessment administration schedule window under Section 39.02301 (i) in establishing:

(1)the district's or school's calendar for that school year; and

(2)the instructional days within that period on which district or schoo

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Sec. 39.0238. CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS. (a) In this section, "religious holy day or period of observance" means a holy day or a period of holy days observed by a religion whose places of worship would be exempt from property taxation under Section 11.20 , Tax Code.
(b) The board of trustees of a school district or the governing body of an open-enrollment charter school may consider the dates of religious holy days or periods of observance likely to be observed by the students enrolled in the district or school during the assessment administration schedule window under Section 39.02301 (i) in establishing:
(1) the district's or school's calendar for that school year; and
(2) the instructional days within that period on which district or school students are administered the required assessment instruments, provided that the board of trustees or governing body may not exclude more than two instructional days from that period based solely on the occurrence of a single religious holy day or period of observance.
(c) In establishing a school calendar as described in Subsection (b), the board of trustees of a school district or the governing body of an open-enrollment charter school shall provide for alternative dates for the administration of assessment instruments required under Section 39.023 to a student who is absent from school to observe a religious holy day or period of observance on the date an assessment instrument is administered.
(d) The agency may adopt rules as necessary to ensure a student may be administered an assessment instrument on an alternative date as necessary to comply with this section.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 988 (H.B. 1883 ), Sec. 1, eff. June 18, 2023. Amended by: Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8 ), Sec. 4.011, eff. December 4, 2025.