bill scraps end-of-course tests for SAT or ACT

The text as introduced · 6,804 words

89R561 AMF-D

By: Schatzline
H.B. No. 1073

A BILL TO BE ENTITLED

AN ACT

relating to the academic assessment of public school students.

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

SECTION 1. Section 18.006(b), Education Code, is amended to

read as follows:

(b) In addition to other factors determined to be

appropriate by the commissioner, the accountability system must

include consideration of:

(1) student performance on the [ end-of-course ]

assessment instruments administered under [ required by ] Section

39.023(c); and

(2) dropout rates, including dropout rates and diploma

program completion rates for the grade levels served by the diploma

program.

SECTION 2. Section 25.005(b), Education Code, is amended to

read as follows:

(b) A reciprocity agreement must:

(1) address procedures for:

(A) transferring student records;

(B) awarding credit for completed course work;

and

(C) permitting a student to satisfy the

requirements of Section 39.025 through successful performance on

comparable [ end-of-course or other exit-level ] assessment

instruments administered in another state; and

(2) include appropriate criteria developed by the

agency.

SECTION 3. Section 28.014(a), Education Code, is amended to

read as follows:

(a) Each school district shall partner with at least one

institution of higher education to develop and provide courses in

college preparatory mathematics and English language arts. The

courses must be designed:

(1) for students at the 12th grade level whose

performance on:

(A) an [ end-of-course ] assessment instrument

administered [ required ] under Section 39.023(c) does not meet

college readiness standards; or

(B) coursework, a college entrance examination,

or an assessment instrument designated under Section 51.334

indicates that the student is not ready to perform entry-level

college coursework; and

(2) to prepare students for success in entry-level

college courses.

SECTION 4. Sections 28.0211(a-1) and (o), Education Code,

are amended to read as follows:

(a-1) Each time a student fails to perform satisfactorily on

an assessment instrument administered under Section 39.023(a) or

(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or

an [ end-of-course ] assessment instrument administered under

Section 39.023(c), other than an assessment instrument developed or

adopted based on alternative academic achievement standards, the

school district in which the student attends school shall provide

to the student accelerated instruction in the applicable subject

area during the subsequent summer or school year and, subject to

Subsections (a-7) and (a-8), either:

(1) allow the student to be assigned a classroom

teacher who is certified as a master, exemplary, or recognized

teacher under Section 21.3521 for the subsequent school year in the

applicable subject area; or

(2) provide the student supplemental instruction

under Subsection (a-4).

(o) This section does not require the administration of

a fifth [ or eighth ] grade assessment instrument in a subject under

Section 39.023(a) to a student enrolled in the fifth [ or eighth ]

grade[ , as applicable, ] if the student[ :

[ (1) ] is enrolled in a course in the subject intended

for students above the student's grade level and will be

administered an assessment instrument adopted or developed under

Section 39.023(a) that aligns with the curriculum for the course in

which the student is enrolled[ ; or

[ (2) is enrolled in a course in the subject for which

the student will receive high school academic credit and will be

administered an end-of-course assessment instrument adopted under

Section 39.023(c) for the course ].

SECTION 5. Section 28.023(c), Education Code, is amended to

read as follows:

(c) A school district shall give a student in grade level

six or above credit for a subject on the basis of an examination for

credit in the subject approved by the board of trustees under

Subsection (a) if the student scores in the 80th percentile or above

on the examination or if the student achieves a score as provided by

Subsection (c-1). If a student is given credit in a subject on the

basis of an examination, the district shall enter the examination

score on the student's transcript [ and the student is not required

to take an end-of-course assessment instrument adopted under

Section 39.023(c) for that subject ].

SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,

are 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 ].

(c-8) For purposes of Subsection (c-7), the admission,

review, and dismissal committee of a student in a special education

program under Subchapter A, Chapter 29, shall determine whether the

student is required to achieve satisfactory performance on an

[ end-of-course ] assessment instrument administered under Section

39.023(c) to earn an endorsement on the student's transcript.

SECTION 7. Section 28.0258, Education Code, is amended by

amending Subsections (a), (b), (f), (h), (j), and (k) and adding

Subsections (m) and (n) to read as follows:

(a) This section applies only to an 11th or 12th grade

student who has failed to comply with the [ end-of-course ]

assessment instrument performance requirements under Section

39.025 for not more than two subjects identified under Section

39.023(c) [ courses ].

(b) For each student to whom this section applies, the

school district that the student attends shall establish an

individual graduation committee at the end of or after the

student's 11th grade year to determine whether the student may

qualify to graduate as provided by this section. A student may not

qualify to graduate under this section before the student's 12th

grade year. The committee shall be composed of:

(1) the principal or principal's designee;

(2) for each subject identified under Section

39.023(c) for [ end-of-course assessment instrument on ] which the

student failed to perform satisfactorily on the appropriate

corresponding required assessment instrument , a [ the ] teacher of

the student in that subject, designated by the principal [ course ];

(3) the department chair or lead teacher supervising

the teacher described by Subdivision (2); and

(4) as applicable:

(A) the student's parent or person standing in

parental relation to the student;

(B) a designated advocate described by

Subsection (c) if the person described by Paragraph (A) is unable to

serve; or

(C) the student, at the student's option, if the

student is at least 18 years of age or is an emancipated minor.

(f) Notwithstanding any other law, a student's individual

graduation committee established under this section shall

recommend additional requirements by which the student may qualify

to graduate, including:

(1) additional remediation; and

(2) for each [ end-of-course ] assessment instrument

required under Section 39.023(c) on which the student failed to

perform satisfactorily:

(A) the completion of a project related to the

subject area [ of the course ] that demonstrates proficiency in the

subject area; or

(B) the preparation of a portfolio of work

samples in the subject area [ of the course ], including work samples

[ from the course ] that demonstrate proficiency in the subject area.

(h) In determining whether a student for whom an individual

graduation committee is established is qualified to graduate, the

committee shall consider:

(1) the recommendation of the student's teacher in

each course of the subject for which the student failed to perform

satisfactorily on an [ end-of-course ] assessment instrument;

(2) the student's grade in each course of the subject

for which the student failed to perform satisfactorily on an

[ end-of-course ] assessment instrument;

(3) the student's score on each [ end-of-course ]

assessment instrument required under Section 39.023(c) on which the

student failed to perform satisfactorily;

(4) the student's performance on any additional

requirements recommended by the committee under Subsection (f);

(5) the number of hours of remediation that the

student has attended, including[ :

[ (A) attendance in a college preparatory course

required under Section 39.025(b-2), if applicable; or

[ (B) ] attendance in and successful completion of

a transitional college course in reading or mathematics;

(6) the student's school attendance rate;

(7) the student's satisfaction of any of the Texas

Success Initiative (TSI) college readiness benchmarks prescribed

by the Texas Higher Education Coordinating Board;

(8) the student's successful completion of a dual

credit course in English, mathematics, science, or social studies;

(9) the student's successful completion of a high

school pre-advanced placement, advanced placement, or

international baccalaureate program course in English,

mathematics, science, or social studies;

(10) the student's rating of advanced high on the most

recent high school administration of the Texas English Language

Proficiency Assessment System;

(11) the student's score of 50 or greater on a

College-Level Examination Program examination;

(12) the student's score on :

(A) the ACT or [ , ] the SAT, if not otherwise

considered under Subdivision (3); or

(B) the Armed Services Vocational Aptitude

Battery test;

(13) the student's completion of a sequence of courses

under a career and technical education program required to attain

an industry-recognized credential or certificate;

(14) the student's overall preparedness for

postsecondary success; and

(15) any other academic information designated for

consideration by the board of trustees of the school district.

(j) Notwithstanding any action taken by an individual

graduation committee under this section, a school district shall

administer an [ end-of-course ] assessment instrument required under

Section 39.023(c) to any student who fails to perform

satisfactorily on an [ end-of-course ] assessment instrument

required under Section 39.023(c) as provided by Section 39.025(b).

For purposes of Section 39.053(c)(1), an assessment instrument

administered as provided by this subsection is considered an

assessment instrument required for graduation retaken by a student.

(k) The commissioner shall adopt rules as necessary to

administer [ implement ] this section [ not later than the 2015-2016

school year ].

(m) For a student subject to Section 39.025(f-3)(1):

(1) for purposes of Subsection (a), this section

applies only to an 11th or 12th grade student who has failed to

comply with the end-of-course assessment instrument performance

requirements under Section 39.025, as that section existed before

amendment by __.B. ____, Acts of the 89th Legislature, Regular

Session, 2025, for not more than two courses listed in Section

39.023(c), as that section existed before amendment by __.B. ____,

Acts of the 89th Legislature, Regular Session, 2025;

(2) for purposes of the composition of an individual

graduation committee under Subsection (b)(2), the committee shall

include the teacher of the course for each end-of-course assessment

instrument described by Subdivision (1) for which the student

failed to perform satisfactorily;

(3) for purposes of Subsection (h)(1), an individual

graduation committee shall consider the recommendation of the

teacher described by Subdivision (2); and

(4) for purposes of Subsection (h)(2), an individual

graduation committee shall consider the student's grade in each

course described by Subdivision (2).

(n) Subsection (m) and this subsection expire September 1,

2029.

SECTION 8. Sections 29.081(b) and (b-1), Education Code,

are amended to read as follows:

(b) Each district shall provide accelerated instruction to

a student enrolled in the district who has taken an [ end-of-course ]

assessment instrument administered under Section 39.023(c) and has

not performed satisfactorily on the assessment instrument or who is

at risk of dropping out of school.

(b-1) Each school district shall offer before the next

scheduled administration of the assessment instrument, without

cost to the student, additional accelerated instruction to each

student in any subject in which the student failed to perform

satisfactorily on an [ end-of-course ] assessment instrument

required for graduation.

SECTION 9. Section 29.087(f), Education Code, is amended to

read as follows:

(f) A student participating in a program authorized by this

section, other than a student ordered to participate under

Subsection (d)(1), must have taken any [ the ] appropriate

[ end-of-course ] assessment instrument [ instruments ] specified by

Section 39.023(c) that is administered before the student enters

[ entering ] the program and must take any [ each ] appropriate

[ end-of-course ] assessment instrument that is administered during

the period in which the student is enrolled in the program. Except

for a student ordered to participate under Subsection (d)(1), a

student participating in the program may not take the high school

equivalency examination unless the student has taken the assessment

instruments required by this subsection.

SECTION 10. Section 29.402(b), Education Code, is amended

to read as follows:

(b) A person who is under 26 years of age is eligible to

enroll in a dropout recovery program under this subchapter if the

person:

(1) must complete not more than three course credits

to complete the curriculum requirements for the foundation high

school program for high school graduation; or

(2) has failed to perform satisfactorily on , as

applicable:

(A) an [ end-of-course ] assessment instrument

administered under Section 39.023(c) ;

(B) an assessment instrument administered under

Section 39.023(c) as that section existed before amendment by __.B.

____, Acts of the 89th Legislature, Regular Session, 2025; or

(C) an assessment instrument administered under

Section 39.023(c) as that section existed before amendment by

Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular

Session, 2007.

SECTION 11. Section 39.023, Education Code, is amended by

amending Subsections (a), (a-2), (b-1), (c), (c-3), (c-5), (c-8),

(e), (g), (h), (i), and (p) and adding Subsections (b-2), (b-3),

(h-1), and (q) to read as follows:

(a) The agency shall adopt or develop appropriate

criterion-referenced assessment instruments designed to assess

essential knowledge and skills in reading, mathematics, [ social

studies, ] and science. Except as provided by Subsection (a-2), all

students, other than students assessed under Subsection (b) or (l)

or exempted under Section 39.027, shall be assessed in:

(1) mathematics, annually in grades three through

eight;

(2) reading, annually in grades three through eight;

and

(3) [ social studies, in grade eight;

[ (4) ] science, in grades five and eight[ ; and

[ (5) any other subject and grade required by federal

law ].

(a-2) Except as required by federal law, a student is not

required to be assessed in a subject otherwise assessed at the

student's grade level under Subsection (a) if the student[ :

[ (1) ] is enrolled in a course in the subject intended

for students above the student's grade level and will be

administered an assessment instrument adopted or developed under

Subsection (a) that aligns with the curriculum for the course in

which the student is enrolled[ ; or

[ (2) is enrolled in a course in the subject for which

the student will receive high school academic credit and will be

administered an end-of-course assessment instrument adopted under

Subsection (c) for the course ].

(b-1) The agency, in conjunction with appropriate

interested persons, shall redevelop assessment instruments adopted

or developed under Subsection (b) for administration to

significantly cognitively disabled students in a manner consistent

with federal law. An assessment instrument under this subsection

may not require a teacher to prepare tasks or materials for a

student who will be administered such an assessment instrument. [ A

classroom portfolio method used to assess writing performance may

require a teacher to prepare tasks and materials. ]

(b-2) Notwithstanding Subsection (b), (b-1), or any other

law, and to the extent consistent with federal law, the parent of or

person standing in parental relation to a student with significant

cognitive disabilities may request that the student be exempted

from the administration of an alternative assessment instrument

adopted or developed under Subsection (b) or (b-1). If a parent or

person standing in parental relation makes a request for exemption

under this subsection, the student's admission, review, and

dismissal committee, in consultation with the parent or person

standing in parental relation, shall determine if the student

should be exempted from administration of the alternative

assessment instrument. If the student is exempted from

administration of the alternative assessment instrument under this

subsection, the student must be assessed in the applicable subject

using the alternative assessment method developed under Subsection

(b-3).

(b-3) The commissioner, in consultation with stakeholders,

including parents of and persons standing in parental relation to

students with significant cognitive disabilities, shall develop

for each applicable subject an alternative assessment method for

the assessment of students who receive an exemption from the

administration of an alternative assessment instrument under

Subsection (b-2). The criteria for the assessment method must

include progress on the goals identified in the student's

individualized education plan. The commissioner shall adopt rules

necessary to implement this subsection.

(c) The agency shall also provide for [ adopt end-of-course ]

assessment instruments for each federally required secondary-level

subject, including English language arts, mathematics, and

science. The commissioner shall identify a procedure for a school

district to select the SAT, the ACT, or any other nationally

recognized, norm-referenced secondary-level assessment instrument

designated by the commissioner for the assessment of students under

this subsection. Each school district shall select one or more

assessment instruments for purposes of this subsection. A school

district that selects more than one assessment instrument must

uniformly administer to students in the district the same

assessment instrument to satisfy the requirement for the same

subject [ courses in Algebra I, biology, English I, English II, and

United States history. The Algebra I end-of-course assessment

instrument must be administered with the aid of technology, but may

include one or more parts that prohibit the use of technology ]. An

[ The English I and English II end-of-course ] assessment instrument

designated under this subsection [ instruments ] must [ each ] assess

essential knowledge and skills in the appropriate subject [ both

reading and writing and must provide a single score ]. A school

district shall comply with State Board of Education rules regarding

administration of the assessment instruments under [ listed in ] this

subsection. If a student is in a special education program under

Subchapter A, Chapter 29, the student's admission, review, and

dismissal committee shall determine whether any allowable

modification is necessary in administering to the student an

assessment instrument required under this subsection. [ The State

Board of Education shall administer the assessment instruments. An

end-of-course assessment instrument may be administered in

multiple parts over more than one day. The State Board of Education

shall adopt a schedule for the administration of end-of-course

assessment instruments that complies with the requirements of

Subsection (c-3). ]

(c-3) Except as provided by Subsection [ (c-7) or ] (c-10) [ or

as otherwise provided by this subsection ], in adopting a schedule

for the administration of assessment instruments under this

section, the State Board of Education shall ensure that assessment

instruments administered under Subsection (a) or (c) are not

administered on the first instructional day of a week. On request

by a school district or open-enrollment charter school, the

commissioner may allow the district or school to administer an

assessment instrument required under Subsection (a) or (c) on the

first instructional day of a week if administering the assessment

instrument on another instructional day would result in a

significant administrative burden due to specific local

conditions.

(c-5) A student's performance on an [ end-of-course ]

assessment instrument administered [ required ] under Subsection (c)

must be included in the student's academic achievement record.

(c-8) Beginning with the 2022-2023 school year, not more

than 75 percent of the available points on an assessment instrument

developed under Subsection (a) [ or (c) ] may be attributable to

questions presented in a multiple choice format.

(e) Under rules adopted by the State Board of Education,

every third year, the agency shall release the questions and answer

keys to each assessment instrument administered under Subsection

(a), (b), [ (c), (d), ] or (l), excluding any assessment instrument

administered to a student for the purpose of retaking the

assessment instrument, after the last time the instrument is

administered for that school year. To ensure a valid bank of

questions for use each year, the agency is not required to release a

question that is being field-tested and was not used to compute the

student's score on the instrument. The agency shall also release,

under board rule, each question that is no longer being

field-tested and that was not used to compute a student's score.

[ During the 2014-2015 and 2015-2016 school years, the agency shall

release the questions and answer keys to assessment instruments as

described by this subsection each year. ]

(g) An [ The State Board of Education may adopt one

appropriate, nationally recognized, norm-referenced ] assessment

instrument administered under Subsection (c) [ in reading and

mathematics to be administered to a selected sample of students in

the spring. If adopted, a norm-referenced assessment instrument ]

must be a secured test. The commissioner shall contract with a

vendor to administer the assessment instrument, complete the

scoring of the assessment instrument, and distribute within a

reasonable period the results to the agency and the relevant

results to each school district. As soon as practicable after the

district receives the results from the vendor under this

subsection, the district shall:

(1) distribute the relevant results to each district

campus; and

(2) provide written notice to the student and the

student's parent or person standing in parental relation to the

student that states the student's results and whether the student

performed satisfactorily on the assessment instrument [ The state

may pay the costs of purchasing and scoring the adopted assessment

instrument and of distributing the results of the adopted

instrument to the school districts. A district that administers

the norm-referenced test adopted under this subsection shall report

the results to the agency in a manner prescribed by the

commissioner ].

(h) Except as provided by Subsection (g), the [ The ] agency

shall notify school districts and campuses of the results of

assessment instruments administered under this section not later

than the 21st day after the date the assessment instrument is

administered.

(h-1) A [ The ] school district shall disclose to each

district teacher the results of assessment instruments

administered to students taught by the teacher in the subject for

the school year in which the assessment instrument is administered.

(i) The provisions of this section[ , except Subsection

(d), ] are subject to modification by rules adopted under Section

39.022. Each assessment instrument adopted or designated under

those rules [ and each assessment instrument required under

Subsection (d) ] must be reliable and valid and must meet any

applicable federal requirements for measurement of student

progress.

(p) On or before September 1 of each year, the commissioner

shall make the following information available on the agency's

Internet website for each assessment instrument administered under

Subsection (a)[ , (c), ] or (l):

(1) the number of questions on the assessment

instrument;

(2) the number of questions that must be answered

correctly to achieve satisfactory performance as determined by the

commissioner under Section 39.0241(a);

(3) the number of questions that must be answered

correctly to achieve satisfactory performance under the college

readiness performance standard as provided by Section 39.0241; and

(4) the corresponding scale scores.

(q) Notwithstanding any provision of this section or other

law, if changes made to the Every Student Succeeds Act (20 U.S.C.

Section 6301 et seq.) reduce the number or frequency of assessment

instruments required to be administered to students, the State

Board of Education shall adopt rules reducing the number or

frequency of assessment instruments administered to students under

state law, and the commissioner shall ensure that students are not

assessed in subject areas or in grades that are no longer required

to meet the minimum requirements of that Act.

SECTION 12. The heading to Section 39.0232, Education Code,

is amended to read as follows:

Sec. 39.0232. USE OF [ END-OF-COURSE ] ASSESSMENT INSTRUMENT

AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.

SECTION 13. Sections 39.0232(a), (b), and (c), Education

Code, are amended to read as follows:

(a) To the extent practicable, the agency shall ensure that

any high school [ end-of-course ] assessment instrument designated

under Section 39.023(c) [ developed by the agency is developed in

such a manner that the assessment instrument ] may be used to

determine the appropriate placement of a student in a course of the

same subject matter at an institution of higher education.

(b) A student's performance on an [ end-of-course ]

assessment instrument administered under Section 39.023(c) may not

be used:

(1) in determining the student's class ranking for any

purpose, including entitlement to automatic college admission

under Section 51.803 or 51.804; or

(2) as a sole criterion in the determination of

whether to admit the student to a general academic teaching

institution in this state.

(c) Subsection (b)(2) does not prohibit a general academic

teaching institution from implementing an admission policy that

takes into consideration a student's performance on an

[ end-of-course ] assessment instrument administered under Section

39.023(c) in addition to other criteria.

SECTION 14. Section 39.0234(a), Education Code, is amended

to read as follows:

(a) Each assessment instrument required under Section

39.023(a)[ , (c), ] or (l) must be administered electronically,

unless otherwise provided by commissioner rule.

SECTION 15. Section 39.02342(a), Education Code, is amended

to read as follows:

(a) Subject to Subsection (c), a school district may

administer an assessment instrument required under Section

39.023(a)[ , (c), ] or (l) in paper format to any student whose

parent, guardian, or teacher in the applicable subject area

requests the assessment instrument be administered to the student

in paper format.

SECTION 16. Subchapter B, Chapter 39, Education Code, is

amended by adding Sections 39.02343 and 39.0239 to read as follows:

Sec. 39.02343. ALTERNATIVE ADAPTIVE ASSESSMENT

INSTRUMENTS. (a) Notwithstanding any other law, the agency shall

adopt alternative adaptive assessment instruments in accordance

with this section that a school district may administer in lieu of

an assessment instrument adopted under Section 39.023 to satisfy

state or federal law requirements concerning the administration of

that assessment instrument.

(b) An alternative adaptive assessment instrument adopted

under this section must:

(1) effectively measure each student's academic

progress over time, without regard to the student's age, grade

level, or academic performance;

(2) evidence high content or concurrent validity;

(3) have been the subject of a study used to determine

the typical performance of a student conducted not more than 10

years before the adoption of the assessment instrument;

(4) use an adaptive difficulty level that is adjusted

based on a student's knowledge and ability as demonstrated by the

student's performance on the assessment instrument;

(5) take no longer than 90 minutes to administer; and

(6) provide immediate information and real-time

reporting on student progress without requiring any additional data

or syncing or uploading by a teacher or administrator.

(c) The agency may adopt an alternative adaptive assessment

instrument submitted to the agency by a school district if the

assessment instrument complies with the requirements of Subsection

(b) and serves as an adequate measure of grade level achievement.

(d) A school district shall administer an alternative

adaptive assessment instrument adopted under this section

electronically.

(e) The agency shall:

(1) determine for each assessment instrument adopted

by the agency under this section the level of performance

considered to be satisfactory; and

(2) develop a method to compile a student's score on

each alternative adaptive assessment administered to the student

during a school year into a single summative score for each subject

area assessed.

(f) A school district shall submit in the manner and form

prescribed by the agency the results of an alternative adaptive

assessment instrument administered under this section to the agency

not later than three days after the administration of the

assessment instrument.

(g) The agency shall provide reimbursement to a school

district for all costs associated with the administration of an

alternative adaptive assessment instrument under this section.

(h) The State Board of Education shall annually review each

alternative adaptive assessment instrument adopted by the agency

under this section to ensure that the instrument is relevant,

valid, and reliable.

(i) The agency may contract for services to develop or

administer alternative adaptive assessment instruments that comply

with the requirements of Subsection (b).

(j) The commissioner shall adopt rules necessary to

implement this section, including a rule providing the number and

schedule of administrations of alternative adaptive assessment

instruments under this section and requiring the administration of

one alternative adaptive assessment instrument:

(1) at the beginning of each school year;

(2) at the end of each school year; and

(3) during each school year, between the

administrations under Subdivisions (1) and (2).

(k) Unless it conflicts with this section, a reference in

law to an assessment instrument adopted under Section 39.023

includes an alternative adaptive assessment instrument adopted by

the agency or administered by a school district in accordance with

this section.

Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND

TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING

DISASTER. (a) If, during a school year, a statewide disaster

declared by the president of the United States under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

Section 5121 et seq.) or by the governor under Chapter 418,

Government Code, significantly disrupts school district

operations, including in-person attendance, in a majority of school

districts in this state, the commissioner shall apply to the United

States Department of Education for a waiver of the requirement

under the Every Student Succeeds Act (20 U.S.C. Section 6301 et

seq.) to administer assessment instruments during that school year.

(b) If the United States Department of Education fails to

grant a waiver requested under Subsection (a), the assessment

instruments shall be administered as required under Section 39.023

during the applicable school year, but, notwithstanding any other

law, the commissioner may not consider the results of the

assessment instruments for purposes of:

(1) evaluating school district or campus performance

under this chapter for the applicable school year, including in

determining:

(A) the performance rating to assign to each

district or campus under Section 39.054; or

(B) whether to impose any intervention or

sanction authorized by Chapter 39A after the applicable school year

on each district or campus; or

(2) determining a student's qualification for

promotion or graduation.

SECTION 17. Section 39.0241, Education Code, is amended by

amending Subsection (a-1) and adding Subsection (a-2) to read as

follows:

(a-1) The commissioner of education, in collaboration with

the commissioner of higher education, shall determine the level of

performance necessary to indicate college readiness[ , as defined by

Section 39.024(a) ].

(a-2) In this section, "college readiness" means the level

of preparation a student must attain in English language arts and

mathematics courses to enroll and succeed, without remediation, in

an entry-level general education course for credit in that same

content area for a baccalaureate degree or associate degree program

at:

(1) a general academic teaching institution, as

defined by Section 61.003, other than a research institution, as

categorized under the Texas Higher Education Coordinating Board's

accountability system; or

(2) a postsecondary educational institution that

primarily offers associate degrees or certificates or credentials

other than baccalaureate or advanced degrees.

SECTION 18. Section 39.025, Education Code, is amended by

amending Subsections (a), (a-4), (b), and (b-1) and adding

Subsection (f-3) to read as follows:

(a) The commissioner shall adopt rules requiring a student

in the foundation high school program under Section 28.025 to be

administered each [ an end-of-course ] assessment instrument

selected under [ listed in ] Section 39.023(c) by the school district

[ only for a course ] in which the student is enrolled [ and for which

an end-of-course assessment instrument is administered ]. Each

student's performance on an assessment instrument selected under

Section 39.023(c) shall be evaluated to determine whether the [ A ]

student achieved [ is required to achieve ] a scale score that

indicates satisfactory performance, as determined by the

commissioner under Section 39.0241(a)[ , on each end-of-course

assessment instrument administered to the student ]. Except as

provided by Section 28.0258, the results of the administration of

an assessment instrument administered under Section 39.023(c) may

not be used as criteria for graduation. The results may be used only

for the purpose of diagnosing the academic strengths and

deficiencies of a student and guiding specific instruction to the

student. [ For each scale score required under this subsection that

is not based on a 100-point scale scoring system, the commissioner

shall provide for conversion, in accordance with commissioner rule,

of the scale score to an equivalent score based on a 100-point scale

scoring system. A student may not receive a high school diploma

until the student has performed satisfactorily on end-of-course

assessment instruments in the manner provided under this

subsection. ] This subsection does not require a student to

demonstrate readiness to enroll in an institution of higher

education.

(a-4) The admission, review, and dismissal committee of a

student in a special education program under Subchapter A, Chapter

29, shall determine whether, to receive a high school diploma, the

student is required to achieve satisfactory performance on

[ end-of-course ] assessment instruments administered under Section

39.023(c) .

(b) Each time an [ end-of-course ] assessment instrument

[ adopted ] under Section 39.023(c) is administered, a student who

failed to achieve a score requirement under Subsection (a) may

retake the assessment instrument. [ A student is not required to

retake a course as a condition of retaking an end-of-course

assessment instrument. ]

(b-1) A school district shall provide each student who fails

to perform satisfactorily as determined by the commissioner under

Section 39.0241(a) on an [ end-of-course ] assessment instrument

administered under Section 39.023(c) with accelerated instruction

under Section 28.0211 [ in the subject assessed by the assessment

instrument ].

(f-3) The commissioner shall by rule adopt a transition plan

to implement the amendments made by _.B. ___, Acts of the 89th

Legislature, Regular Session, 2025, replacing end-of-course

assessment instruments with one or more assessment instruments

selected by a school district under Section 39.023(c). The rules

must provide for each assessment instrument selected by a school

district under Section 39.023(c) to be administered beginning with

students enrolled in the ninth grade for the first time during the

2025-2026 school year. During the period under which the

transition from end-of-course assessment instruments is made:

(1) for students entering a grade above the ninth

grade during the 2025-2026 school year or students repeating ninth

grade during the 2025-2026 school year, the commissioner shall

retain, administer, and use for purposes of accreditation and other

campus and district accountability measures under this chapter the

end-of-course assessment instruments required by Section

39.023(c), as that section existed before amendment by _.B. ___,

Acts of the 89th Legislature, Regular Session, 2025; and

(2) a student subject to Subdivision (1) may not

receive a high school diploma unless the student has performed

satisfactorily on:

(A) each required end-of-course assessment

instrument administered under Section 39.023(c), as that section

existed before amendment by _.B. ___, Acts of the 89th Legislature,

Regular Session, 2025; or

(B) each assessment instrument selected under

Section 39.023(c) by the district in which the student is enrolled.

SECTION 19. Section 39.034(d), Education Code, is amended

to read as follows:

(d) The agency shall determine the necessary annual

improvement required each year for a student to be prepared to

perform satisfactorily on, as applicable:

(1) the grade five assessment instruments;

(2) the grade eight assessment instruments; and

(3) the [ end-of-course ] assessment instruments

required under this subchapter for graduation.

SECTION 20. Section 39.035(a), Education Code, is amended

to read as follows:

(a) Subject to Subsection (b), the agency may conduct field

testing of questions for any assessment instrument administered

under Section 39.023(a), (b), [ (c), (d), ] or (l) that is separate

from the administration of the assessment instrument not more

frequently than every other school year.

SECTION 21. Subchapter C, Chapter 39, Education Code, is

amended by adding Section 39.0547 to read as follows:

Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)

In this section, "specialized support campus" means a school

district campus that:

(1) has a campus identification number;

(2) serves students enrolled in any grade level at

which state assessment instruments are administered; and

(3) has a student enrollment in which:

(A) at least 90 percent of students receive

special education services under Subchapter A, Chapter 29; and

(B) a significant percentage of the students

required to take an assessment instrument under Section 39.023:

(i) take an alternative assessment

instrument under Section 39.023(b) or (b-1); and

(ii) are unable to provide an authentic

academic response on that assessment instrument.

(b) The commissioner, in consultation with administrators

of specialized support campuses, teachers at specialized support

campuses, parents and guardians of students enrolled at specialized

support campuses, and other stakeholders, by rule shall establish

appropriate accountability guidelines under this chapter for use by

a specialized support campus in developing an alternative

accountability plan under Subsection (c) based on the specific

student population served by the campus. The commissioner shall

provide for public notice and comment in adopting rules under this

subsection.

(c) A specialized support campus may develop and submit to

the commissioner for approval an alternative accountability plan

tailored to the student population served by the campus, based on

the guidelines established under Subsection (b). The commissioner

may approve the alternative accountability plan only if the plan:

(1) follows the guidelines established under

Subsection (b); and

(2) complies with applicable federal law.

(d) Notwithstanding any other provision of this code, if the

commissioner approves an alternative accountability plan developed

by a specialized support campus under Subsection (c), the

commissioner shall determine, report, and consider the performance

of students enrolled at the campus using that plan.

(e) Not later than December 1, 2028, the commissioner shall

submit to the governor, the lieutenant governor, the speaker of the

house of representatives, and the standing legislative committees

with primary jurisdiction over public education a report on the

effectiveness of this section in evaluating specialized support

campuses and any recommendations for legislative or other action.

(f) This section expires September 1, 2029.

SECTION 22. Section 39.203(c), Education Code, is amended

to read as follows:

(c) In addition to the distinction designations described

by Subsections (a) and (b), a campus that satisfies the criteria

developed under Section 39.204 shall be awarded a distinction

designation by the commissioner for outstanding performance in

academic achievement in English language arts, mathematics, or

science[ , or social studies ].

SECTION 23. Section 51.338(c), Education Code, is amended

to read as follows:

(c) A student who has achieved scores set by the board on the

questions developed for end-of-course assessment instruments under

Section 39.0233(a) , as that section existed before repeal by

_.B. ___, Acts of the 89th Legislature, Regular Session, 2025, is

exempt from the requirements of this subchapter. The exemption is

effective for the three-year period following the date a student

takes the last assessment instrument for purposes of this

subchapter and achieves the standard set by the board. This

subsection does not apply during any period for which the board

designates the questions developed for end-of-course assessment

instruments under Section 39.0233(a) , as that section existed

before repeal by _.B. ___, Acts of the 89th Legislature, Regular

Session, 2025, as the primary assessment instrument under this

subchapter, except that the three-year period described by this

subsection remains in effect for students who qualify for an

exemption under this subsection before that period.

SECTION 24. The following provisions of the Education Code

are repealed:

(1) Sections 39.023(a-15), (c-2), (c-4), (c-6),

(c-7), (c-9), and (d);

(2) Section 39.0233;

(3) Section 39.024;

(4) Sections 39.025(a-1), (a-2), (a-3), (a-5), and

(e-1);

(5) Section 39.053(d-1); and

(6) Section 39.203(d).

SECTION 25. As soon as practicable after the effective date

of this Act, the Texas Education Agency shall adopt alternative

adaptive assessment instruments as required by Section 39.02343,

Education Code, as added by this Act.

SECTION 26. As soon as practicable after the effective date

of this Act, each school district shall provide notice to an eighth

grade student under Section 39.025(g), Education Code, informing

the student of the specific requirements applicable to the student

under Sections 39.023(c) and 39.025(a), Education Code, as amended

by this Act.

SECTION 27. (a) Except as provided by Subsection (b), this

Act applies beginning with the 2025-2026 school year.

(b) Section 39.02343, Education Code, as added by this Act,

applies beginning with the 2026-2027 school year.

SECTION 28. Not later than January 1, 2026, the Texas

Education Agency shall apply to the United States Department of

Education for a waiver of the annual alternate assessment of

students with significant cognitive disabilities required under

the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and

the Individuals with Disabilities Education Act (20 U.S.C. Section

1400 et seq.).

SECTION 29. 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, 2025.