bill dropping state-only tests federal law doesn’t require

The text as introduced · 1,027 words

89R2974 CXP-D

By: Landgraf
H.B. No. 221

A BILL TO BE ENTITLED

AN ACT

relating to eliminating certain state-required assessment

instruments and certain end-of-course assessment instruments not

required by federal law.

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

SECTION 1. Section 28.0211(a-8), Education Code, is amended

to read as follows:

(a-8) A school district may not be required to provide

supplemental instruction under Subsection (a-1)(2) to a student in

more than two subject areas per school year. If the district would

otherwise be required to provide supplemental instruction to a

student in more than two subject areas for a school year, the

district shall prioritize providing supplemental instruction to

the student in mathematics and reading[ , or Algebra I, English I, or

English II, as applicable, ] for that school year.

SECTION 2. Section 39.023, Education Code, is amended by

amending Subsections (a), (c), and (c-2) and adding Subsection (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;

(3) [ social studies, in grade eight;

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

(4) [ (5) ] any other subject and grade required by

federal law.

(c) The agency shall also adopt end-of-course assessment

instruments for secondary-level courses in reading, mathematics,

and science only as necessary to comply with the Every Student

Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered

only as necessary to meet the minimum requirements of that Act

[ 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. The English I and

English II end-of-course assessment instruments must each assess

essential knowledge and skills in 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 adopted 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-2) The agency may adopt end-of-course assessment

instruments for courses for which end-of-course assessment

instruments are not adopted under [ not listed in ] Subsection

(c). A student's performance on an end-of-course assessment

instrument adopted under this subsection is not subject to the

performance requirements established under Subsection (c) or

Section 39.025.

(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 3. Sections 39.025(a-1) and (a-3), Education Code,

are amended to read as follows:

(a-1) A student enrolled in a college preparatory

mathematics or English language arts course under Section 28.014

who satisfies the Texas Success Initiative (TSI) college readiness

benchmarks prescribed by the Texas Higher Education Coordinating

Board under Section 51.334 on an assessment instrument designated

by the coordinating board under that section administered at the

end of the college preparatory mathematics or English language arts

course satisfies the requirements concerning and is exempt from the

administration of the mathematics or reading [ Algebra I or the

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

[ instruments ], as applicable, [ as prescribed by Section

39.023(c), ] even if the student did not perform satisfactorily on a

previous administration of the applicable end-of-course assessment

instrument. A student who fails to perform satisfactorily on the

assessment instrument designated by the coordinating board under

Section 51.334 administered as provided by this subsection may

retake that assessment instrument for purposes of this subsection

or may take the appropriate end-of-course assessment instrument.

(a-3) A student who, after retaking an end-of-course

assessment instrument for mathematics [ Algebra I ] or reading

[ English II ], has failed to perform satisfactorily as required by

Subsection (a), but who receives a score of proficient on the Texas

Success Initiative (TSI) diagnostic assessment for the

corresponding subject for which the student failed to perform

satisfactorily on the end-of-course assessment instrument

satisfies the requirement concerning the mathematics [ Algebra I ] or

reading [ English II ] end-of-course assessment, as applicable.

SECTION 4. 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 reading [ English language arts ],

mathematics, or science[ , or social studies ].

SECTION 5. Section 39.023(c-9), Education Code, is

repealed.

SECTION 6. This Act applies beginning with the 2025-2026

school year.

SECTION 7. 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.